91999E2414

WRITTEN QUESTION E-2414/99

by Mihail Papayannakis (GUE/NGL) to the Commission

(16 December 1999)

Subject: Illegal burial of toxic waste

Residents and organisations in the general area of the Gulf of Yera on the island of Lesbos complain that the firm Mamidakis has been illegally operating its storage facilities in the Skala Loutron region for the past two years, since the State Council's decision of 10 November 1997.

The issue of illegal burial of fuel tank waste by Mamidakis has also come to light recently. Under Joint Ministerial Decision 72751/3064/84 this waste is classified as toxic and dangerous. For many years, in fact, waste from tank-cleaning in the Mamidakis storage facilities in the Skala Loutron region was illegally buried in a ditch approximately five metres deep, despite the fact that according to the environmental impact study the waste from tanks was supposed to be stored in a specially covered area, in drums marked Danger, until it was transferred to other locations outside Lesbos that are provided for toxic and dangerous waste.

It should also be noted that the petroleum products firm operates its storage facilities entirely inside the residential area of Skala Loutron, and that the safety distances fixed by law are not adhered to, entailing a risk of explosion or escape of toxic substances in the event of an accident.

Since the Gulf of Yera forms a sensitive terrestrial and marine ecosystem of great ecological value, incompatible with the operation of fuel storage facilities, and since the illegal burial of waste has substantial effects on the water table and, more generally, on the area's environment, does the Commission consider that the above-mentioned practices on the part of Mamidakis constitute a breach of the relevant Community legislation, sufficient to warrant starting proceedings in the Court of Justice?

What financial penalties does the Commission intend to impose on the competent Greek authorities who have not yet complied with the Court's decision on their failure to observe Article 7 of Directive 76/464(1) on pollution caused to the aquatic environment by certain dangerous substances?

(1) OJ L 129, 18.5.1976, p. 23.

Answer given by Mrs Wallström on behalf of the Commission

(31 January 2000)

The Commission did not have any information on the operation of the Mamidakis company's plant in the Gulf of Yera area on the island of Lesbos. Following the Honourable Member's question, the Commission will ask the Greek authorities for details of how this plant operates, and how the dangerous waste is stored.

With regard to the judgment of the Court of Justice of 11 June 1998 which found that Greece had failed to fulfil its obligations under Article 7 of Council Directive 76/464/EEC on pollution caused by certain dangerous subtances discharged into the aquatic environment of the Community, by failing to establish programmes including quality objectives and setting deadlines for their implementation to reduce the pollution of Lake Vegorrítis, the river Soulos and the Gulf of Pagasaí by the dangerous substances on List II of the Directive, the Commission sent Greece a letter of formal notice on 18 December 1999 on the basis of Article 228 (ex Article 171) of the EC Treaty. The Greek authorities replied on 23 March 1999 and 16 September 1999, notifying a set of measures taken to comply with the aforesaid judgment. The relevant documents are now being examined.

In addition, the Commission, noting Greece's general failure to establish programmes which include quality objectives and set deadlines for their implementation to reduce the pollution of water by substances on List II of Directive 76/464/EEC, brought the matter before the Court of Justice on 11 November 1997. The Court has not yet delivered its judgment.