92002E3357

WRITTEN QUESTION E-3357/02

by Laura González Álvarez (GUE/NGL) to the Commission

(27 November 2002)

Subject: Daily transit of bin lorries through Macastre (Valencia Spain)

Over a hundred lorries laden with refuse pass through the streets of Macastre every day, heading for the Dos Aguas tip and causing major problems to the local population, since the refuse is not hermetically sealed on board the heavy lorries which transport it. Hence there are serious problems of smells, spillage, noise, etc.

The people of Macastre would not be suffering from these problems if the authorities responsible for collecting and transporting refuse within the Valencian Metropolitan Area for the Dos Aguas tip were applying the relevant Community legislation correctly.

One of the purposes of Directives 75/442/EEC(1) and 91/156/EEC(2) on waste is to protect human and environmental health from the prejudicial effects of collecting, transporting, treating and storing waste.

What steps can the Commission take to guarantee that Community legislation is applied in the above instance?

(1) OJ L 194, 25.7.1975, p. 39.

(2) OJ L 78, 26.3.1991, p. 32.

Answer given by Mrs Wallström on behalf of the Commission

(16 January 2003)

From the perspective of Community legislation on waste management, it is important to underline that Council Directive 75/442/EEC of 15 July 1975 on waste as amended(1) stipulates a number of obligations for Member States in connection with the management of waste, including in relation to the collection and transportation of waste.

Specifically, Article 4 of the Directive requires Member States to take the necessary measures to ensure that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment, including without causing a nuisance through noise or odours. Member States are also required under that provision to take the necessary measures to prohibit the abandonment, dumping or uncontrolled disposal of waste. In addition, Article 8 requires Member States to ensure that any holders of waste has it handled by a private or public waste collector or recovers or disposes it himself in accordance with the Directive. Article 12 stipulates that undertakings carrying out the collection and transport of waste must be registered with competent authorities, where not subject to authorisation. Finally, Member States are required under Article 13 to carry out periodic inspections of undertakings engaged in the collection and transportation of waste, with a view to ensuring that the requirements set out in the Directive are adhered to.

In addition to Council Directive 75/442/EEC on waste, Council Directive 91/689/EEC of 12 December 1991 on hazardous waste(2) contains additional specific requirements pertaining to the transportation of hazardous waste.

If the Honourable Member or other person has any evidence to the effect that the above-mentioned or other Community obligations have been infringed, it is open to them to file a formal written complaint with the Commission.

(1) By Council Directive 91/156/EEC of 18 March 1991 and Commission Decision 96/350/EC of 24 May 1996 OJ L 135, 6.6.1996.

(2) OJ L 377, 31.12.1991.