Motion for a resolution - B7-0073/2011Motion for a resolution
B7-0073/2011
European Parliament

MOTION FOR A RESOLUTION on the waste crisis in Campania

26.1.2011

further to Question for Oral Answer B7‑0805/2011
pursuant to Rule 115(5) of the Rules of Procedure

Luigi de Magistris, Sonia Alfano, Niccolò Rinaldi, Giommaria Uggias, Adina-Ioana Vălean on behalf of the ALDE Group

See also joint motion for a resolution RC-B7-0073/2011

Procedure : 2010/2963(RSP)
Document stages in plenary
Document selected :  
B7-0073/2011
Texts tabled :
B7-0073/2011
Debates :
Votes :
Texts adopted :

B7‑0073/2011

European Parliament resolution on waste crisis in Campania

The European Parliament,

–   having regard to Directive 75/42/EEC on waste, particularly article 4,

–   having regard to Directive 91/689/EEC on hazardous waste, particularly article 2,

–   having regard to Directive 99/31/EC on landfill of waste, particularly article 11 and Annex II,

–   having regard to the reviewed Framework on Directive Waste (2008/98/EC), particularly articles 17 and 18,

–   having regard to its resolution of 19 November 2003 on Waste Framework Directive[1],

–   having regard to its resolution of 16 September 1998 on the communication from the Commission to the European Parliament and the Council concerning the application of the directives on waste management[2],

–   having regard to the Working Document on the fact-finding mission by its Committee on Petitions to Campania, Italy, from 28 to 30 April 2010[3],

–   having regard to the law 123/2008 of the Italian Republic promulgated on 14 July 2008,

–   having regard to Directive 2008/99 on the protection of the environment through criminal law,

–   having regard to the judgment of the European Court of Justice in the case C-135/05 of 26 April 2007,

–   having regard to the judgment of the European Court of Justice in the case C-297/08 of 4 March 2010,

–   having regard to articles 191 and 260 of the Treaty on the Functioning of the European Union,

–   having regard to Directive 2003/35/EC providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment, particularly article 2,

–   having regard to the Aarhus Convention,

–   having regard to Rules 115(5) and 110(2) of its Rules of Procedure,

A. whereas the waste crisis in the province of Campania is the most dramatic chapter of a history of problematic waste management in many parts of Italy, including Lazio, Calabria and Sicilia whereas in all of these above mentioned regions, a waste emergency was declared in the 1990’s, and where Government Commissioners with special powers and funds were nominated,

B.  whereas on 5th October 2010 a Working Document3 reporting on the fact-finding mission to Campania, Italy, from 28 to 30 April 2010, as a result of multiple petitions over time concerning waste management problems in the region, was adopted quasi-unanimously by the Petitions Committee of this Parliament,

C. whereas a new crisis after that of summer of 2008 erupted again shortly after the adoption of the report on the mission by the Petitions Committee and a new state of emergency was declared; whereas the announcement of the consequent exceptional measures, such as the opening of new landfills were followed by massive protests,

D. whereas the initial solution of producing ‘Ecobales’ and organic waste was eventually done without due regard for compliance with the law; whereas due to the lack of waste filtering or selection an estimated amount of over six million Ecobales of substandard quality and under suspicion for containing toxic waste have accumulated in temporary sites,

E.  whereas the first incinerator at Acerra only came on-stream in March 2010 but its operation has suffered from the lack of appropriate infrastructure for separation and treatment of waste; whereas there do not appear to be clear limits to the kind of waste incinerated and concerns remain over the fate of toxic ashes resulting from the incineration,

F.  whereas the progress in waste reduction and recycling of household waste has been minimal and household and other waste has continued to be brought to landfills indiscriminately in some cases apparently mixed with different types of industrial waste,

G. whereas many landfills have been declared areas of strategic interest, and thus citizens and local authorities, including the police have been prevented from verifying what is actually brought there; whereas a large majority of landfills are privately run without appropriate licence or permit and with no public control over their management,

H. whereas the key feature of emergency rule by Commissioners is their authority to derogate from regulations and controls, including for example, exemption from environmental impact assessment and public procurement legislation, and a seemingly uncontrolled access to public funds; whereas they were given the authority to decide the location of plants, landfills and incinerators, and the contracting companies, free from obligation to inform local authorities and inhabitants about the decisions taken; whereas the Commissioner system itself has come under heavy criticism and several judicial enquiries are under way and whereas the management of waste by emergency commissioners is actually seen by much of the population as part of the problem, rather than the solution,

I.   whereas according to the Aarhus Convention citizens have the right to be informed of the situation in their own territory and it is the duty of the authorities to provide information and to motivate citizen to develop a responsible attitude and behaviour; whereas in accordance with Directive 2003/35/EC, Member States shall ensure that the public is given early and effective opportunities to participate in the preparation and modification or review of the plans or programmes required to be drawn up,

J.   whereas citizens who protested against the situation or tried to propose alternative approaches were ignored or publicly marginalised; whereas the main response on the part of the national political authorities being to place waste sites and the Acerra incinerator under strict army control; whereas recently there have been some arrests during public demonstrations on the matter, and it appears clear the relationship between the citizens and the authorities has been severely damaged and that civil discontent increases over time,

K. whereas the emergency-style management by Commissioners and their lack of success in overcoming the problems, aggravated by the absence of institutional checks and balances, has paved the way to new opportunities for organised crime; whereas there is clear evidence of long-lasting implication of organised criminal groups, namely Camorra, in the lucrative waste management process, including the dumping of toxic waste from industries in the North of Italy in hundreds of illegal landfills or even the sea; whereas it is inconceivable that any authorities, were not aware of an activity of such a scale,

L.  whereas the European Commission decided in 2007 to suspend the payment of EUR 135 million in contributions from the 2006-2013 financing period to waste-related projects and a further EUR 10.5 million from the 2000-2006 financing period until the commissioner structure is abolished,

M. whereas the present waste cycle relies still heavily on landfill and incineration, in disagreement with the guidelines of the new Waste Framework Directive (2008/98/EC); whereas there is still no coherent plan for waste management in the region which would comply with principles in EU waste legislation, respect for the hierarchy of treatment, nor for safe use of landfills or incineration,

N. whereas the fact that hazardous waste is mixed and/or disposed of together with household or organic waste and the fact that geological and hydrological factors have not been given appropriate consideration when deciding on the location of landfills in sites such as Chiaiano has lead to high risks of contamination of surrounding soil and ground water sources; whereas this is in violation of the articles 17 and 18 of the Waste Framework Directive, and also the Landfill Directive,

O. whereas the landfill in Cava Sari, Terzigno - situated in the Nature 2000 site of Vesuvio National Park, as well as a UNESCO Heritage site - is in breach of the requirements of acceptance procedures of the Landfill Directive,

P.  whereas the Court of Justice in its judgement of 26 April 2007 in case C-135/05 declared that by failing to adopt all the necessary measures to ensure, notably that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment, and to prohibit the abandonment, dumping or uncontrolled disposal of waste, i.a., the Italian Republic had failed to fulfil its obligations under Community law; whereas in its recent judgment of 4 March 2010 in case C-297/08 it has declared that, by failing to adopt all the necessary measures, for the region of Campania, the Italian Republic has failed to fulfil its obligations under Articles 4 and 5 of Directive 2006/12,

Q. whereas this Parliament has already in its resolution of 16 September 1998 on the application of the directives on waste management called for a systematic initiation of infringement proceedings against Member States which fail to comply with all the provisions of these directives and to provide a quarterly list of cases against defaulting Member States taken to the Court of Justice, including a list of cases already decided by the Court and a list of fines levied by the Court, and in its resolution of 19 November 2003 on the follow-up report on the Waste Framework Directive called for thorough and consistent monitoring and coordination of implementation of waste legislation in force,

1.  Appeals for a sustainable solution to be urgently identified that meets the criteria of EU, namely the implementation of a waste management plan where, according to directive 2008/98/EC, respect for the waste cycle hierarchy constitutes a key basis;

2.  Recalls that the compliance with EU law on waste in Campania demands a very energetic effort to diminish the volume of waste and tip the balance towards waste prevention, reduction, re-use and recycling, by providing the adequate infrastructure and notes that more emphasis must be placed on recovery of organic waste especially in this broadly agricultural region - an element which seems to have received little attention so far;

3.  Considers that the long-lasting measures of exceptionality drawn upon by the Italian authorities, including the appointment of special commissioners or the designation of waste sites as ‘of strategic interest’ under army control has been counterproductive and fears that the established opacity in the waste management from the public institutions side has facilitated rather than inhibited the increased presence of organized criminal groups, both in the official waste management in the region and in the illegal disposal of industrial waste; calls therefore for a much grater transparency on behalf of the different authorities responsible;

4.  Stresses the importance of trust rebuilding by means of a structured dialogue engaging the citizens and the different authorities and between different levels of government, in a structured framework; regrets the incriminating by authorities of some citizens peacefully demonstrating against the opening of new landfills and the violence they faced from the security corps; is convinced that it is only by actively involving citizens throughout the whole process that a sustainable solution over time will be found to the waste problems faced by the region;

5.  Requires the Commission to prolong sine die the withholding of the allocated EU funds for waste projects in the region, keeping them frozen until a verifiable waste management plan is ready and jointly agreed by all affected stakeholder;

6.  Draws concern towards the 7 million of tones of ‘Ecobales’ accumulated in stockpile sites, especially on the Taverna del Ré site, and underlines the importance of prioritising its removal and disposal when their precise content has been properly assessed; insists that the disposal of Ecobales must follow the appropriate treatment[4] and addressed within the scope of the waste management plan, clearly establishing locations for each treatment and based on legal practices;

7.  Notes that urgent attention is needed towards the open and illegal dumping of mixed and unidentified waste near the Ferandelle site, and calls for the enforcement of strict management controls; reminds to the competent authorities that in full conformity with the IPPC Directive (2008/1, revised by Directive 2010/75)[5], they must establish strict control over the handling of the specific types of industrial waste, regardless of its origin; remarks also that specially designated sites must be established which are commensurate with the provisions of the EU Directives, ensuring that an appropriate infrastructure for industrial, special and toxic waste is developed; requests an explanation for the lack of use of the site planned for reception of organic waste and claims its putting into operation, provided it fulfils the criteria laid down by the Waste Management Directive;

8.  Regrets the previous opening of landfills in nature protected areas within the Vesuvio National Park, such as in Terzigno; strongly opposes any plans of expansion of these landfills sites and considers the proposal for opening a second landfill in Terzigno (Cava Vitiello) as an unacceptable aberration; proposes the Commission to request the Court of Justice for an injunction if existing landfills in nature protection areas are extended or new ones opened in Nature 2000 sites;

9.  Urges the Italian government to act in this matter in compliance to the EU law, more in particular to comply with the two latest judgments of the European Court of Justice and to correct all the stated breaches of the EU law, recalling the obligation to take measures to ensure that EU acquis communautaire is respected at all levels;

10. Calls the commission to do its utmost within its competences to monitor that the competent authorities in Italy effectively ensure that waste is properly collected, separated and treated, for instance through systematic inspections, and that a credible plan is presented by the regional authorities;

11. Considers that the burden of cleaning up the sites in Campania which have been contaminated by pollution from various forms of waste should not be born by the tax payers but in accordance with the polluter pays principle by those responsible for the pollution;

12. Notes that Italy did not notify its transposition of Directive 2008/99 on the protection of the environment through criminal law within the deadline of 26 December 2010 but expects Italy to fully comply with the directive and to apply sanctions accordingly to the waste related offences listed in the directive including to legal persons when the conditions therefore are fulfilled;

13. Calls on the Commission to bring Italy without delay towards infringement procedures, according to Article 260 of the TFEU, in view to establish penalties that ensure the Italian authorities comply with the judgement of the Court, in particular making sure that the existing landfills comply with EU law; considers that it would be appropriate and in line with the sentence C-304/02 of the European Court of Justice, ordering Italy to pay both a lump sum as penalty the long-lasting continued violations of EU directives over the past years and a daily penalty from now on;

14. Instructs its President to forward this resolution to the Council, the Commission and the Government and chambers of Parliament of Italy.

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