92003E2025

WRITTEN QUESTION E-2025/03

by Mihail Papayannakis (GUE/NGL) to the Commission

(17 June 2003)

Subject: Clophen leakage

Following the recent leakage of clophen in an electricity plant in the basement of a building in Syntagma Square (Greece), will the Commission say what stage has been reached in the infringement proceedings it initiated against Greece in April 2000, because the latter omitted to submit inventories of equipment with PCB, a plan for the disposal of such equipment and outlines for the collection and subsequent disposal of equipment which is not subject to inventory, in accordance with Articles 4.1 and 11 of Directive 96/59/EC(1)? Is the Commission aware of the whereabouts and use made since 1994 of the millions of euros set aside in the operational programme on the environment for the management and disposal of toxic waste?

(1) OJ L 243, 24.9.1996, p. 31.

Answer given by Mrs Wallström on behalf of the Commission

(7 August 2003)

Article 4(1) of Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) requires Member States to establish an inventory of equipment containing more than five cubic decimetres (5 dm3) of PCBs and to submit a summary of such inventory to the Commission. In addition, according to Article 11 of the Directive, Member States have to draw up and communicate to the Commission 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 which is not subject to inventory in accordance with Article 4(1).

In its judgement delivered on 5 June 2003 (case C-83/02), the Court of Justice 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 which is not subject to inventory, in accordance with Articles 4(1) and 11 of Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT), the Hellenic Republic has failed to fulfil its obligations under that Directive.

According to Article 228 of the EC Treaty, Greece must take the necessary measures to comply with the judgment of the Court of Justice. If Greece fails to take the necessary measures to comply with the Court's judgment, the Commission could open an infringement procedure under Article 228.

The Operational Programme for Environment for the period 1994-1999 included indeed a measure (measure 2,5) with a Community aid of circa EUR 32 million for projects related to waste and toxic waste management.

Under this measure, the Greek authorities co-financed mainly projects and actions related to non hazardous waste. The Commission has received the list of projects co-financed and their respective budgets and would be pleased to supply a copy of it to the Honourable Member upon his request.