91999E2251

WRITTEN QUESTION E-2251/99

by Pedro Marset Campos (GUE/NGL) to the Commission

(1 December 1999)

Subject: The location of the Repsol Butano liquid petroleum gas tanks in Alumbres (Murcia Spain)

The population of Alumbres (Murcia) is extremely concerned by the construction of new liquid gas tanks by the Repsol Butano company only a few metres from private housing; no alternative site in the entire Escombreras valley region has been proposed.

Initially, the tanks were to be located 300 metres from the edge of the town. After various protests, they were moved a further 150 metres away. The local population concerned, given the risk of explosions, wants them at least 3 kilometres away, as an absolute minimum. The Alumbres area, furthermore, is the site of no fewer than 14 of the 28 industries classified as harmful, toxic and dangerous in the Murcia region.

Given that the local people neither enjoy any adequate safety guarantees, nor know what they are supposed to do if there should be an industrial accident in this Cartagena local authority area, and bearing in mind the somewhat insensitive response of the authorities, both at local and autonomous regional level, namely approving measures which have yet to be complied with, I would ask:

1. Is the Commission aware of the scheme to build these gas tanks?

2. Can the Commission state whether any Community funding has been granted to this project?

3. Does the Commission not believe that the appropriate authorities should draw up a special plan for the prevention of chemical risks in the locality in question?

4. Can the Commission state whether an environmental impact assessment was submitted, pursuant to Directive 85/337/EEC(1) on the assessment of the effects of certain public and private projects on the environment?

5. Does the Commission not believe that there has been an infringement of the right of citizens to have all environmental information at their disposal, as laid down in Directive 90/313/EEC(2) concerning freedom of access to information in environmental matters?

6. Will the Commission seek information as to what measures the competent authorities envisage in order to guarantee that the project in question is not going to have a serious environmental impact nor in any way prejudice the quality of life of the people of Alumbres?

(1) OJ L 175, 5.7.1985, p. 40.

(2) OJ L 158, 23.6.1990, p. 56.

Answer given by Mrs Wallström on behalf of the Commission

(17 January 2000)

The Commission is unaware of the facts mentioned by the Honourable Member.

There has been no funding of the liquefied gas tank farm at Alumbres (Spain) by either the European Regional Development Fund (ERDF) or the Cohesion Fund.

The facilities mentioned by this question could be covered by Council Directive 96/82/EC of 9 December 1996, on the control of major-accident hazards involving dangerous substances(1). That directive requires any necessary action to be taken in order to prevent major accidents involving dangerous substances and in order to limit their effects on both human beings and the environment where such industrial accidents take place. The implementation of Directive 96/82/EC depends on the quantity of the substances stored in those facilities. Articles 11 and 12 of Directive 96/82/EC set out in detail the obligations that are incumbent on the Member States with regard to urgency and intended town-planning-restrictions. Directive 96/82/EC has been transposed into Spanish law via the R.D. 1254/1999, de 16 de julio, por el que se aprueban medidas de control de los riesgos inherentes a los accidentes graves en los que intervengan sustancias peligrosas.

The Commission does not know whether the facilities at issue have been subjected to the impact assessment procedure provided for by Council Directive 85/337/EEC of 27 June 1985 on the assessment of the impact of certain public and private projects on the environment. It should, however, be noted that Article 2 of that directive provides that any projects that are likely to have a significant impact on the environment, more particularly as a result of their nature, extent or location, must be subjected to an assessment of their impact before any authorisation is granted. That provision applies to the projects listed in Annexes I and II to the directive. Article 4.2 provides that the projects listed in Annex II must be subjected to said procedure if the Member States feel that their characteristics so require. Storage facilities for petroleum, petrochemical and chemical products are listed in Annex II to the aforementioned directive. Thus projects falling within this category are assessed in accordance with Articles 5-10 of the directive where the Member State feels that their characteristics so require. It should be noted that Directive 85/337/EEC has been amended by Directive 97/11/EC(2). However, under Article 3.2 of Directive 97/11/EC, the provisions of Directive 85/337/EEC, in the version applying before the amendment, shall apply if a request for authorisation has been submitted before 14 March 1999.

The information provided by the Honourable Member do not enable it to be confirmed that there has been an infringement of Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment(3). In any case it should be noted that Article 4 of Directive 90/313/EEC lays down that: A person who considers that his request for information has been unreasonably refused or ignored, or has been inadequately answered by the public authority, may seek a judicial or administrative review of the decision in accordance with the relevant national legal system. Directive 90/313/EEC was transposed into Spanish law by Law 38/1995 of 13 December 1995.

The Commission will contact the Spanish authorities in order to invite them to provide information on the action intended by the authorities in order to guarantee that this project will not have a serious impact on the environment and will not impair the quality of life of the inhabitants of Alumbres.

(1) OJ L 10, 14.1.1997.

(2) OJ L 73, 14.3.1997.

(3) OJ L 158, 23.6.1990.