WRITTEN QUESTION E-4015/03 by Christopher Huhne (ELDR) to the Commission. Toxic sites.
Date: 2004-01-09
Institutions: European Parliament, Provisional data
Subjects: EU law, decontamination, industrial plot, soil pollution, town and country planning, town-planning regulations, toxic substance

3.4.2004

EN

Official Journal of the European Union

C 84 E/131

require the registration of EU nationals but the formalities would be greatly simplified and a registration
certificate would have to be issued on the spot. Furthermore, after five years of legal residence in a
Member State, EU nationals would acquire a permanent right of residence and apply for a permanent
residence certificate.

The Spanish legislation which transposes current Community law on the right of
residence of
EU nationals (2) has suppressed the obligation to obtain a residence card for EU nationals who are
workers, self-employed persons, students or beneficiaries of the right to remain. According to additional
information submitted by the Honourable Member, the British complainant he refers to in his written
question is an employee of the Spanish Ministry of Education. As such, she is exempted from the
obligation of obtaining a residence card but if she, nevertheless, so desires it she may obtain one.

The Commission has been informed by the complainant that she received a five year residence card on
8 January 2004 but they intend to take contact with the Spanish authorities concerning the extended delay
incurred for the renewal of her residence card.

(1) COM(2003) 199 final.
(2) Royal Decree 178/2003 of 14 February on entry and permanence in Spain of nationals of the Member States of the
European Union and of other states parties to the agreement on the European Economic Area, (Article 6) B.O.E.
number 46 of 22 February 2003.

(2004/C 84 E/0168)

WRITTEN QUESTION E-4015/03

by Christopher Huhne (ELDR) to the Commission

(9 January 2004)

Subject: Toxic sites

Can the Commission indicate whether any current European legislation places restrictions on the
remediation of toxic sites?

Can the Commission indicate whether any future European legislation will result in a ban (or place
restrictions) on the clearing of, and rebuilding on, toxic sites?

If so, will the Commission indicate why it believes that such a ban (or restriction) is necessary?

Answer given by Mrs Wallström on behalf of the Commission

(6 February 2004)

At the moment, there is no Community legislation which addresses specifically the remediation of
contaminated sites. Nevertheless, some provisions pertaining to the recovery and disposal of contaminated
soils can be found in waste legislation and in particular in the Waste Framework Directive 75/442/EEC as
amended (1). Furthermore, the Commission is currently developing a Thematic Strategy on the Sustainable
Use and the Protection of Soil which will address, ‘inter alia’, the contamination of soils. This strategy will
include proposals for action in the domain of prevention and remediation of contaminated sites.

In general, measures affecting land use and planning are predominantly a Member State competence and
the subsidiarity principle applies. It is unlikely that a comprehensive, standardised, EU-wide approach will
be developed, as each land and site is unique and the solutions needed to achieve a sustainable land use
have to be customised. However, it is clear that some approaches are unsustainable and these should be
discouraged. Through its funding programme the EU is seeking to promote sustainable approaches to
dealing with contaminated sites. For example, the Structural Funds Regulations and Guidelines for the
period 2000-2006 (2) set out the need for sustainable approaches to the use of urban land, including
priority to be given ‘to the rehabilitation of derelict industrial sites (brownfields) over the development of
greenfield sites’. The URBAN II initiative supports ‘mixed-use and environmentally-friendly brown-field

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Official Journal of the European Union

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3.4.2004

redevelopment, involving reduced pressures on green-field development and urban sprawl’. Interreg has
offered similar opportunities. The future Thematic Strategy on the Urban Environment could also include
recommendations for the Member States to promote the rehabilitation of brownfield sites which might
imply their remediation, if these are found to be contaminated, before their redevelopment.

(1) Council Directive 75/442/EEC of 15 July 1975 on waste, OJ L 194, 25.7.1975, as amended by Council Directive

91/156/EEC of 18 March 1991 amending Directive 75/442/EEC on waste, OJ L 78, 26.3.1991.

(2) Commission Communication concerning the Structural Funds and their coordination with the Cohesion Fund.

Guidelines for programmes in the period 2000 to 2006, OJ C 267, 22.9.1999.

(2004/C 84 E/0169)

WRITTEN QUESTION E-4021/03

by Ilda Figueiredo (GUE/NGL) to the Commission

(9 January 2004)

Subject: Support for research in Portugal

The Operational Plan for Science, Technology and Innovation is the main source of funding for R & D
projects in Portugal, with 50 % of the relevant funds coming from the Community.

However, the Portuguese institutions and centres which depend on the regular receipt of funds for R & D
projects approved by the Foundation for Science and Technology are currently experiencing severe
problems, as the Community funds concerned have not been transferred. The situation is serious, in view
of the very considerable needs of research projects in Portugal.

Can the Commission state:

1. what forms of support for R & D have been earmarked for Portugal under the third Community

support framework and the existing Community programmes?

2. what delays have occurred in the transfer of funds, and why?

3. what measures are being considered to support research projects and the relevant investment in

Portugal?

Answer given by Mr Barnier on behalf of the Commission

(2 March 2004)

In the context of the Third Community Support Framework (CSF), support for Research and Development
(R & D) in Portugal is mainly provided by the Science, Technology, Innovation Operational Programme
(POCTI) and, to a lesser extent, by the Information Society Operational Programme (POSI).

Following national and Community audits, which identified certain irregularities in the management of the
POCTI programme, the Portuguese authorities have decided to suspend the certification of payments to be
presented to the Commission under this programme until appropriate corrective action has been taken.

Given the importance of research in the context of regional development, the Portuguese authorities and
the Commission are (cid:1) in the framework of the mid-term review of the Portuguese Community Support
Framework (cid:1) currently discussing possible modifications aiming at strengthening the innovation aspects
of the CSF.

Outside the context of the CSF, R & D can also be financed through the Research and Technological
Development (RTD) Framework Programmes. The funds for the framework Programmes are not allocated
by Member State and are subject to competitive tenders.