WRITTEN QUESTION No. 1986/97 by Gianni TAMINO to the Commission. Clash between Italian and Community legislation on waste - failure to carry out an environmental impact assessment for a waste incinerator at Scarlino (Grossetto, Italy)
22. 1. 98 EN Official Journal of the European Communities C 21/129 (98/C 21/245) WRITTEN QUESTION E-1981/97 by Antoni Gutie·rrez D ·az (GUE/NGL) to the Commission (9 June 1997) Subject: Nazi propaganda The Europaí bookshop in Barcelona has been temporarily closed on the grounds that it is a centre for disseminating Nazi propaganda and racist leaflets. The closure has led to a Committee for freedom of expressioní being set up in support of the owner; it has published a manifesto questioning the fundamental principles which underpin democratic states founded on the rule of law, attacking, for example, laws on the crime of genocide and questioning their constitutionality. The committee in question is collecting funds to support its aims. Given that the Commission is the guardian of the Treaties, and has a duty to ensure that the basic principles of democracy are respected, especially in this European Year Against Racism and Xenophobia, what steps does the Commission intend to take in situations like this, where citizensí committees, possibly with the backing of extreme right wing organizations, are set up in the name of freedom of expression to defend the dissemination of Nazi or racist ideas which call into question our democratic criminal legislation? How does the Commission intend to prevent and curb initiativesof this kind? Answer given by Mr Flynn on behalf of the Commission (4 July 1997) The combating of racist manifestations in Member States is essentially a matter for the national, regional and local authorities of the Member States, in the light of their laws, regulations and constitutional provisions. On 15 July 1996, on the basis of Article 193 of the Treaty on European Union, the Council adopted a Joint Action concerning action to combat racism and xenophobia (1). In order to facilitate international judicial cooperation to combat racism and xenophobia this Joint Action contains provisions which seek to ensure that certain types of racist and xenophobic behaviour are punishable as criminal offences or, failing that, and pending the adoption of any necessary provisions, to derogate from the principle of double criminality for such behaviour. (1) OJ L 185, 24. 7. 1996. (98/C 21/246) WRITTEN QUESTION E-1986/97 by Gianni Tamino (V) to the Commission (9 June 1997) Subject: Clash between Italian and Community legislation on waste › failure to carry out an environmental impact assessment for a waste incinerator at Scarlino (Grossetto, Italy) By Decree No 879737 of 12 April 1996 the Italian Ministry for Industry, Commerce and Craft Trades authorized Ambiente Spa, a company which has taken over Societa‘ Nuova Solmine Spa, to build a 65 MWt electricity power plant in the commune of Scarlino (Grossetto). The plant is to be powered by a 16. 8 MWe turbogenerator using process wastes as fuel, as provided for by Annex 1 of the Interministerial Decree of 16 January 1995 (published in Official Gazette No 24 of 30 January 1995), on the basis of Decree Law No 113 of 8 March 1996. This decree law is contrary to Directive 91/156/EEC (1) of 18 March 1991, in that it does not consider process wastes used as áalternative fuelí to be áwasteí, and has not been turned into an actual law. The plant in question is currently at an experimental stage. Does the Commission not consider that it should urge the Italian authorities to take action to ensure that a waste incineration plant, such as the one planned for Scarlino, complies with Directive 91/156/EEC and hence with Directive 85/337/EEC (2) on the environmental impact assessment, given that the plant is considered to be an electricity power station of less than 300 MW rather than a waste incinerator? (1) OJ L 78, 26. 3. 1991, p. 32. (2) OJ L 175, 5. 7. 1985, p. 40