WRITTEN QUESTION P-4073/03 by Giovanni Fava (PSE) to the Commission. Waste-to-energy plant.
Date: 2004-01-08
Institutions: European Parliament, Provisional data
Subjects: Sicily, location of industry, project evaluation, protected area, waste incineration, waste management

27.3.2004

EN

Official Journal of the European Union

C 78 E/909

Answer given by Mrs Diamantopoulou on behalf of the Commission

(13 February 2004)

Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work
concluded by ETUC, UNICE and CEEP is applicable to fixed-term workers as defined in law, collective
agreements or practice in each Member State.

Thus, if the persons with daily fixed-term contracts are considered to be workers in Greece, the Directive is
applicable. If instead they are considered to be providers of services, they are not covered by the Directive.

According to Clause 5 of the Directive, the Member States must introduce measures to prevent abuse
arising from the use of successive fixed-term contracts, either by requiring objective reasons for renewing
the contracts, providing for a maximum duration or providing for a maximum number of renewals. The
measures introduced must be sufficient to prevent abuse. If there are fixed-term workers with contracts
which are renewed daily during several years, this does not seem to be compatible with Clause 5 of the
Directive.

The Commission is currently in active contact with the Greek authorities to ensure the correct
transposition of the Directive.

(2004/C 78 E/0961)

WRITTEN QUESTION P-4073/03

by Giovanni Fava (PSE) to the Commission

(8 January 2004)

Subject: Waste-to-energy plant

The President of the Region of Sicily, acting as special Commissioner for waste, has issued an order for the
construction of a large waste-to-energy plant for the incineration of waste, combined with a waste dump,
at Paternó in the province of Catania.

The location chosen for the plant and the dump is only 5 km from a residential area in ‘Contrada
Valanghe’, recognised by the European Community as a site of Community interest (SIC-ITA 060015)
because of its geological features and local flora and fauna. Furthermore, the area in question borders on
another site of Community interest (SIC-ITA 070025), the Pietralunga stretch of the River Simeto, where
there are important archaeological remains.

On the basis of this information, does the Commission not consider that the decision to adopt this
provision, taken by the President of the Region of Sicily and the local authorities, is in serious conflict with
the Community’s desire to safeguard these sites for the above-mentioned reasons?

Does the Commission not consider that the choice of a site only 5 km from a residential area as the
location for a waste-to-energy plant and a waste dump endangers the safety and health of the local
population?

Finally, does the Commission not consider that the decision to build the waste-to-energy plant in an area
where crops with a protected designation of origin are grown and organic farming is carried out seriously
jeopardises the local economy and development model?

Answer given by Mrs Wallström on behalf of the Commission

(5 February 2004)

According to Council Directive 85/337/EEC of 27 June 1985 (1), (Environmental Impact Assessment (EIA)
Directive) as amended by Council Directive 97/11/EC of 3 March 1997, on the assessment of the effects of
certain public and private projects on the environment (2), the construction of a waste incineration plant

C 78 E/910

Official Journal of the European Union

EN

27.3.2004

and of a waste dump might, depending on their dimensions, require an EIA. The location of the planned
facilities, both from the point of view of distance to populated areas and of the economic activities being
developed in the area,
is necessarily one of the elements that have to be taken into account in the
assessments or in the decision whether or not to submit the projects to an assessment.

In addition to those requirements, the project mentioned by the Honourable Member is located within a
Site of Community Importance proposed by Italy in accordance with Article 4 of Council Directive 92/43/
EEC of 21 May 1992, on the conservation of natural habitats and of wild fauna and flora (3), and near a
second site proposed under the same Directive. It is therefore subject to Article 6 of the same Directive,
which defines under which conditions a project likely to have a significant impact on a Special Protection
Area or Site of Community Importance can be authorised. Should the project be likely to have a significant
impact, its approval without fulfilling the conditions specified in Article 6 would therefore constitute a
breach of the Directive.

More generally, all new incinerators, regardless of their location, are required to respect the emission
standards and other conditions laid down in Directive 2000/76/EC of the Parliament and of the Council of
4 December 2000 on the incineration of waste (4). Moreover, if the installations fall within the scope of
Council Directive 96/61/EC of 24 September 1996, concerning integrated pollution prevention and
control (5), as is apparently the case, the competent authority shall fix in the permit emission limit values,
equivalent parameters and technical measures based on best available techniques, taking into account the
technical characteristics of the installation concerned, its geographical location and the local environmental
conditions. This means that the competent authority may, if needed, set more stringent permit conditions
than those stipulated by the waste incineration Directive itself.

It is not clear from the information provided by the Honourable Member whether an environmental
impact assessment or a specific assessment of the impact of the planned installation on the two proposed
Sites of Community Importance were carried out and, if so, what were their conclusions. Since it is also
unclear whether construction permits have already been issued, the Commission does not have any
elements that might indicate a possible violation of Directive 92/43/EEC.

(1) OJ L 175, 5.7.1985.
(2) OJ L 73, 14.3.1997.
(3) OJ L 206, 22.7.1992.
(4) OJ L 332, 28.12.2000.
(5) OJ L 257, 10.10.1996.

(2004/C 78 E/0962)

WRITTEN QUESTION E-4080/03

by Chris Davies (ELDR) to the Commission

(14 January 2004)

Subject: Pets’ passports

A Portuguese citizen has contacted me to express concern that in his country the keeping of ferrets for any
purpose is illegal, and that pet ferrets may be confiscated and killed or placed in a zoo.

My understanding is that pet ferrets have been included within the EU pets’ passport scheme, and travel
within the EU will be possible if they have been vaccinated and carry the appropriate marking.

Has the Commission issued any warnings or guidance to ferret owners about travel to Portugal?

In the course of its discussions with Member States about the pets’ passport scheme has the Commission
explored the issues posed by different national laws on the legality of keeping certain pets?