E-3690/01EN
Answer given by Mrs Wallström
on behalf of the Commission
(5 March 2002)
The Commission was not aware of the circumstances of the site Montiver raised by the Honourable
Member.
With regard to industrial discharges, Council Directive 91/271/EEC of 21 May 1991 concerning
urban waste-water treatment1 foresees in principle two possibilities:
- In case of discharges of industrial waste water into a collecting system and an urban waste water
treatment plant, the discharges have to be subject to prior regulations and/or specific authorisations by
the competent authorities or appropriate body;
- In case of direct discharges of industrial waste water into a receiving water-body, Directive
91/271/EEC lays down provisions for several industry branches (listed in Annex III of the directive)
producing biodegradable waste-water and representing more than 4 000 population equivalents (p.e.).
In principle, there is no binding obligation to connect the industrial area to the public treatment plant
of Sagunto; the industrial area could have an individual waste-water treatment on its own. For this
reason no compelling connection of compliance of the waste-water treatment of the industrial area
and the waste water treatment of Sagunto must be given. If the agglomeration of Sagunto is in
compliance with the deadline of 31 December 2000 is currently under assessment.
In case of other industry branches than the above Council Directive 76/464/EEC of 4 May 1976 on
pollution caused by certain dangerous substances discharged into the aquatic environment of the
Community2 has to be applied. In principle, there are a number of regulations for List I substances
which require a specific authorisation based on the European emission limit values or national
emission standards where the sector is not explicitly covered by the respective Community directives
(in particular Council Directives 82/176/EEC3, 83/513/EEC4, 84/156/EEC5, 84/491/EEC6,
86/280/EEC7). However, based on the provided information that “only” toxic oils are discharged,
these directives would not apply. These pollutants would fall under the category of list II substances.
According to Article 7 of Directive 76/464/EEC, Member States shall establish pollution reduction
programmes for those substances having a “deleterious effect on the aquatic environment” including
the prior authorisation of discharges containing these list II substances.
For an assessment how far an infringement of Directive 91/271/EEC and/or 76/464/EEC is given in
the above industry area, it is necessary to receive additional information on:
1
2
3
4
5
6
7
OJ L 135, 30.5.1991
OJ L 129, 18.5.1976
Council Directive 82/176/EEC of 22 March 1982 on limit values and quality objectives for mercury
discharges by the chlor-alkali electrolysis industry, OJ L 81, 27.3.1982
Council Directive 83/513/EEC of 26 September 1983 on limit values and quality objectives for cadmium
discharges OJ L 291, 24.10.1983
Council Directive 84/156/EEC of 8 March 1984 on limit values and quality objectives for mercury
discharges by sectors other than the chlor-alkali electrolysis industry, OJ L 74, 17.3.1984
Council Directive 84/491/EEC of 9 October 1984 on limit values and quality objectives for discharges of
hexachlorocyclohexane, OJ L 274, 17.10.1984
Council Directive 86/280/EEC of 12 June 1986 on limit values and quality objectives for discharges of
certain dangerous substances included in List I the Annex to Directive 76/464/EEC OJ L 181, 4.7.1986
amended OJ L 221, 7.8.1986; OJ L 158, 25.6.1988
- the size (in terms of p.e.) of the industrial area;
- the type of waste water produced;
- specific authorisations/regulations status for the discharges;
- foreseen treatment of the waste water produced by that area;
- the chemical substances contained in the discharge.
The Commission has sent a letter to the Spanish authorities asking for the information on the above
and requesting their observations with regard to the application of Directives 91/271/EEC and
76/464/EEC in this case. The Commission will not hesitate to undertake all the necessary steps, to
ensure full compliance with European Community legislation.