(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 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.