WRITTEN QUESTION P-2724/03 by Antonios Trakatellis (PPE-DE) to the Commission. Uncontrolled disposal of toxic waste and chemical substances in Greece and infringement of environmental legislation by a toxic waste processing plant at Larimna in the prefecture of Fthiotida.
Date: 2003-09-03
Institutions: European Parliament, Provisional data
Subjects: Greece, action for failure to fulfil an obligation, application of EU law, disclosure of information, environmental impact, environmental law, environmental protection, hazardous waste, public health, waste management

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Official Journal of the European Union

EN

20.3.2004

(2004/C 70 E/134)

WRITTEN QUESTION P-2724/03

by Antonios Trakatellis (PPE-DE) to the Commission

(3 September 2003)

Subject: Uncontrolled disposal of toxic waste and chemical substances in Greece and infringement of
legislation by a toxic waste processing plant at Larimna in the prefecture of

environmental
Fthiotida

In 1998, the Greek authorities notified the Commission that they had produced a total quantity of toxic
waste amounting to 287 000 tonnes, 65 000 tonnes of which had been recycled. At the present time,
however, according to information from research institutes, the annual production of hazardous waste is
estimated to be 500 000 tonnes. Moreover, on 13 June 2002, the Court of Justice ruled against Greece
(case C-33/2001) for its failure to take the necessary measures to record and identify hazardous waste at its
site of disposal, as laid down in Directive 91/689/EEC (1).

Can the Commission answer the following:

1. What quantity of hazardous waste is produced in Greece, how much of that quantity is recycled or

stored and at which sites is it disposed of?

2.

3.

Is Greece in compliance with the provisions of Directive 91/689/EEC on hazardous waste and the
judgment of the Court of Justice in case C-33/2001? What measures will the Commission take to
ensure that
the environment and public health in Greece is protected from the uncontrolled
discharging and dumping of hazardous waste and chemical substances such as PCBs and PCTs, the
toxicity and tendency to bioaccumulation of which constitute a particular threat to the environment
and human health?

Is the Commission aware that the Greek authorities are planning to authorise the construction of a
toxic waste processing plant in a residential area of Larimna in the prefecture of Fthiotida, in breach of
Directive 85/337/EEC (2) on the assessment of the effects of certain public and private projects on the
environment, as amended by Directive 97/11/EC (3)? What measures it will
take to ensure the
protection of the environment and compliance with Community legislation?

(1) OJ L 377, 31.12.1991, p. 20.
(2) OJ L 175, 5.7.1991, p. 40.
(3) OJ L 73, 14.3.1997, p. 5.

Answer given by Mrs Wallström on behalf of the Commission

(7 October 2003)

A table containing the information on hazardous waste quantities notified by Greece to the

1.
Commission (1) is sent direct to the Honourable Member and to Parliament’s Secretariat.

The data was used for the Report from the Commission to the Council and the Parliament (2).

The Commission does not know at which sites the hazardous waste is disposed of.

In its judgment of 13 June 2002 (3), the Court of Justice declared that ‘by failing to send to the
2.
Commission, within the period prescribed, all the information required under Article 8(3) of Council
Directive 91/689/EEC of 12 December 1991 on hazardous waste, in the version resulting from Council
Directive 94/31/EC of 27 June 1994, the Hellenic Republic has failed to fulfil its obligations under that
directive.’ The Greek authorities have communicated to the Commission the measures taken to comply
with the Court’s judgment, namely information concerning establishments or enterprises which dispose of
and/or recycle hazardous waste. The Greek authorities affirm that they have fulfilled their obligations
under Article 8(3) of Directive 91/689/EEC. This information is being examined. If the Commission finds
that the judgment of 13 June 2002 has not been implemented,
it will not hesitate to initiate the
infringement procedure provided for in Article 228 of the EC Treaty.

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With regard to the disposal of hazardous waste, it should be noted that the Commission has brought a case
before the Court (Case C-163/03) since it considers that Greece has failed to fulfil its obligations under
Articles 2(1) and 6(1) of Directive 91/689/EEC. In the Commission’s opinion, Greece has not taken the
measures necessary to ensure that hazardous waste is recorded and identified in the region of Thriassio
Pedio where it is discharged, and has not drawn up plans for the management of hazardous waste for that
region.

In addition, in its judgment of 5 June 2003 (4), the Court declared that ‘by failing to draw up, within the
prescribed period, summaries of inventories of equipment with PCB volumes of more than 5 dm3, plans
for the decontamination and/or disposal of inventoried equipment and the PCBs contained therein, and
outlines for the collection and subsequent disposal of equipment that is not subject to inventory,
in
accordance with Articles 4(1) and 11 of Council Directive 96/59/EE of 16 September 1996 on the disposal
of polychlorinated biphenyls and polychlorinated terphenyls (PCBs and PCTs), the Hellenic Republic has
failed to fulfil its obligations under that directive.’

3.
Facilities for the disposal of hazardous waste by incineration, chemical treatment or landfilling are
listed in Annex I.9 to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of
certain public and private projects on the environment, as amended by Council Directive 97/11/EC of
3 March 1997. Pursuant to Article 4(1) of the directive, the projects listed in Annex I have to be subjected
to an environmental impact assessment. The Commission does not have information at its disposal to
conclude that the Community legislation in question was not complied with in the case of the project to
establish a toxic waste processing plant
the Honourable Member has information
demonstrating the existence of an infringement of Directive 85/337/EEE, he is requested to communicate
it to the Commission.

in Larimna.

If

(1) Letter of 6 December 2002 from the Ministry of the Environment, Regional Planning and Public Works.
(2) COM(2003) 250 final.
(3)
(4)

Judgment of 13 June 2002, Commission v Hellenic Republic, Case C-33/01, ECR p. 5447.
Judgment of 5 June 2003, Commission v Hellenic Republic, Case C-83/02, not yet published.

(2004/C 70 E/135)

WRITTEN QUESTION E-2733/03

by Hiltrud Breyer (Verts/ALE) to the Commission

(11 September 2003)

Subject: Subsidies to the Georgsmarienhütte steelworks

steelworks

the NOZ further

(Georgsmarienhütte GmbH)

On 1 March 2003, the Neue Osnabrücker Zeitung (NOZ) reported an exchange of land between the
Georgsmarienhütte
town of Georgsmarienhütte.
On 23 April 2003,
the Land of Lower Saxony was providing
EUR 1,9 million towards the transaction. This payment is related to a purchase of land by the town of
Georgsmarienhütte from the steelworks around ten years ago at the vastly inflated price of around
DEM 15 million. The EU had already contested part of the payments made by Lower Saxony to the
steelworks around ten years ago of around DEM 80 million. Moreover, repeated sales between the
steelworks and local authorities raise the suspicion of illegal subsidies.

reported that

and the

To what extent is the reported payment by Lower Saxony of EUR 1,9 million compatible with EU

1.
rules?

2. Was the Commission notified of the payment made by the Government of Lower Saxony?

How much of the payments made by Lower Saxony to the Georgsmarienhütte steelworks, which the

3.
EU contested, has been paid back, and when?