92002E0035

WRITTEN QUESTION E-0035/02

by Bart Staes (Verts/ALE) to the Commission

(23 January 2002)

Subject: Construction of a landfill facility in Novellara (Reggio Emilia)

In March 2001 an agreement on the relocation to Novellara of a category 2, type B landfill facility (excluding hazardous waste) was signed by the Reggio Emilia provincial council, the Novellara local council and the Unieco, Sabar and Agac companies.

This decision has been opposed by local residents and various environmental groups, including Legambiente, which has taken the matter to the regional administrative court, asking for the agreement to be set aside.

Can the Commission establish whether the relocation and construction of the above facility in Novellara complies with all the relevant European environmental and public health laws?

Answer given by Mrs Wallström on behalf of the Commission

(7 March 2002)

The Commission has the task of ensuring the correct application of Community law, in the light of the powers conferred on it by the EC Treaty. As the guardian of the EC Treaty, it does not hesitate to take all necessary measures, including infringement procedures under Article 226 of the EC Treaty, in order to ensure the observance of Community law.

In the specific situations pointed out by the Honourable Member, the Directive on environmental impact assessment, Council Directive 85/337/EEC of 27 June 1985, on the assessment of the effects of certain public and private projects on the environment(1) whether before or after being amended by Council Directive 97/11/EC of 3 March 1997(2) constitutes the possibly relevant Community law.

However, on the basis of the information given by the Honourable Member, due to a lack of grounds of complaint on the application of Community law, no breach of it can be identified at present. Should the Honourable Member provide detailed information enabling the Commission to assess the issues in relation to the above mentioned directive, the Commission would also be able to investigate this matter.

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.