WRITTEN QUESTION No. 2909/98 by Ian WHITE to the Commission. Waste incineration plant at Casares
C 142/56 Official Journal of the European Communities EN 21. 5. 1999 (1999/C 142/067) WRITTEN QUESTION P-2908/98 by Edith Müller (V) to the Commission (18 September 1998) Subject: Non-implementation of Directive 85/337/EEC on the assessment of environmental effects in part of a Member State In its answer to Written Question P-2070/95 (1) the Commission stated that the provision laid down in the German Unification Treaty that no environmental impact assessment had to be carried out for mining projects if the authorization procedure for such projects had already commenced by 3 October 1990 was incompatible with Directive 85/337/EEC (2). The Commission also indicated that it had taken formal steps against Germany. 1. What kind of steps were taken against Germany? 2. What stage has been reached in the procedure and what further action is likely, especially with regard to the case of the Heuersdorf brown coal opencast mine? 3. How long is it expected to take to deal with this matter? 4. What measures will the Commission take if Germany does not comply with the demands within the prescribed period? 5. Does the Commission know of similar cases, and how were they dealt with? (1) OJ C 273, 18. 10. 1995, p. 52. (2) OJ L 175, 5. 7. 1985, p. 40. Answer given by Mrs Bjerregaard on behalf of the Commission (23 October 1998) As stated in the reply to Written Question P-2070/95 by Mrs Schroedter (1), the Commission takes the view that the German legislation is not in conformity with Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment as regards inter alia the transition clause set up by the German legislation to transpose the Directive. The Commission therefore opened infringement proceedings against Germany in 1992. The Commission brought the matter before the Court of justice on 20 September 1995. The Court has not yet taken a decision. Given that the case is still pending the Commission does not have any further information concerning this matter. If the Court finds that Germany has failed to fulfil its obligation under Directive 85/337/EEC, Germany, according to Article 171 of the EC Treaty, will have to take the necessary measures to comply with the judgement of the Court. The Commission is not aware of other cases where national legislation provides for transitional legislation of Member States with respect to the implementation of Directive 85/337/EEC. (1) OJ C 273, 18. 10. 1995. (1999/C 142/068) WRITTEN QUESTION E-2909/98 by Ian White (PSE) to the Commission (2 October 1998) Subject: Waste incineration plant at Casares Has the Commission yet received a reply from the Spanish Government concerning the proposed municipal waste incineration plant and to the Commission’s concern to ensure that waste going to the plant and dump would be disposed of without danger to human health and environment?