Alleged violation of Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009
14.6.2012
Question for written answer E-005951/2012
to the Commission
Rule 117
Mario Pirillo (S&D) , Debora Serracchiani (S&D) , Luigi Berlinguer (S&D) , Salvatore Caronna (S&D) , Gianluca Susta (S&D) , Rita Borsellino (S&D) , Gianni Pittella (S&D) and Rosario Crocetta (S&D)
In November 2009, the EU institutions adopted Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work, which is also premised on Articles 2, 8 and 14 of the European Charter of Human Rights (ECHR) and Articles 1, 2, 20, 21, 31, 34, 35, 37 and 47 of the Charter of Fundamental Rights of the European Union, now fully incorporated in European law under Article 6 of the Treaty of Lisbon and the provisions contained in Articles 45, 153, 157, 173 and 174 of the Treaty on the Functioning of the European Union (TFEU).
In its judgment of 13 December 1990, in Case C‑240/89, the Court of Justice held that the Italian Republic had failed to implement the previous Directive 477/83/EEC; Italy continues not to apply these provisions, as can be seen from the exponential rise in cases of asbestos-related diseases and the number of resulting deaths, now amounting to 5 000 per year, to which we can add those from other occupational diseases and industrial accidents.
The Region of Sicily has not adopted or implemented plans to protect against asbestos risk, and has not reclaimed contaminated areas posing an elevated toxicological risk in various sites, from Milazzo to Gela, in Syracuse and the rest of Sicily, in breach of Articles 4(2), 11, 114, 153 and 191 TFEU. This calls for a debate in the European Parliament, also with the aim of establishing a committee of inquiry to examine exactly how the Structural Funds were used for reclamation and whether/when to initiate infringement proceedings against the Italian Republic.
1. Is the Commission aware that funding and disbursements drawn from European Regional Development and Structural Funds have been used by the Region of Sicily without securing the contaminated sites?
2. Is it aware that the Region of Sicily disregards all the provisions of EC law, and does it not agree that, following the debate in the European Parliament, it should set up a committee of inquiry and/or bring infringement proceedings against the Italian Republic, of which Sicily is a part?
OJ C 262 E, 11/09/2013