EUROPEAN PARLIAMT 2004 Committee on Petitions 2009 19.12.2007 NOTICE TO MEMBERS Subject: Petition 832/2001 by Américo da Silva Jorge (Portuguese), on environmental problems in Alhos Vedros in Portugal 1. Summary of petition The petitioner objects to decisions by the Moita Municipal Authority, which is responsible for Alhos Vedros, to discharge its sewerage plants there, thereby polluting the groundwater supplying the petitioner s own farmland. 2. Admissibility Declared admissible on 28 January 2002. Information requested from Commission under Rule 192(4). 3. Commission reply, received on 23 August 2002 The petitioner, Mr Americo Da Silva Jorge, draws attention to the pollution of groundwater sources used for irrigation and drinking water as a result of the discharge of waste water from the commune of Moita. The situation reported by the petitioner raises concerns in relation to three pieces of Community legislation: Directive 80/68/EEC on the protection of groundwater against pollution caused by certain dangerous substances; Directive 91/271/EEC concerning urban waste-water treatment; and Directive 98/83/EC on the quality of water intended for human consumption. The provisions of these three directives are quite detailed and technical and on the basis of the information provided by the petitioner, it is not possible to determine whether any CM\702336.doc PE321.498v07-00
infringement has indeed occurred. The Commission will therefore write to the Portuguese authorities to ask for more information on this case and report back to the Petitions Committee. 4. Further Commission reply, received on 13 March 2003 Further to its previous reply, the Commission has contacted the Portuguese authorities and requested their comments regarding the situation described in the petition. However, as the Commission has not yet received an answer to its letter, it has sent a reminder asking the Portuguese authorities to reply immediately. The Commission has, meanwhile, noted that a complaint - No 1997/4769 - has already been registered regarding the situation described in the petition. The file on the complaint was subsequently closed following the explanations provided by the Portuguese authorities at the time. Now it must be ascertained whether the situation still complies with Community law, as some obligations under Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment, such as the installation of collecting systems and the establishment of secondary treatment for agglomerations of more than 15 000 p.e., only became applicable as from 31 December 2000. 5. Further Commission reply, received on 3 September 2003 Further to its previous reply, the Commission established that Alhos Vedros forms part of the Barreiro/Moita/Palhais area, listed as sensitive by the Portuguese authorities under Article 5.1 of Directive 91/271/EEC 1, of 21 May 1991, concerning urban waste-water treatment. At a package meeting in Lisbon on 21 March 2003, the Portuguese authorities indicated that prior authorisation was necessary for all industrial effluent entering the Alhos Vedros collection plants and that an environmental impact survey was being carried out for the construction of two collection plants for non-industrial urban waste water. The information provided by the Portuguese authorities confirms the absence of suitable urban effluent treatment plant in this area. The Commission has initiated infringement proceedings against Portugal - No. 2002/2128 - for non-compliance with a number of provisions of Directive 91/271/EEC including Articles 3 and 5, referring to waste water discharges in sensitive areas. Article 3.1 of Directive 91/271/EEC states that, for urban waste water discharging into receiving waters which are considered sensitive areas, Member States shall ensure that collection systems are provided at the latest by 31 December 1998 for agglomerations of more than 10 000 p.e. Article 5.2 states that Member States shall ensure that urban water entering collecting systems shall, before discharge into sensitive areas, be subject to more stringent 1 OJ L 135, 30.5.1991 PE321.498v07-00 2/6 CM\702336.doc
treatment by 31 December 1998 for all discharges from agglomerations of more than 10 000 p.e. 1. As part of the above infringement procedure, the Commission has forwarded a letter of formal notice to Portugal under Article 226 of the EC Treaty, referring explicitly to the Barreiro/Moita/ Palhais sensitive area encompassing Alhos Vedros. The Commission is currently considering the information supplied by the Portuguese authorities in their reply to its letter of formal notice. 6. Further Commission reply, received on 4 March 2004 In its recent communications the Commission has pointed out that the treatment of waste water in Alhos Vedros was inappropriate and had been included in infringement proceedings brought against Portugal for failure to comply with Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment 2, as part of a wider action being brought against several Member States. The information provided by the Portuguese authorities as part of the infringement proceedings is still being analysed, a process that is proving rather complex as the procedure involves the application of several provisions of the above directive throughout Portuguese territory. Accordingly, the Commission has decided to open an own-initiative procedure against Portugal concerning the specific question of the failure to provide proper waste-water treatment in Alhos Vedros. 7. Further Commission reply, received on 1 February 2005 At a meeting, the Commission asked the Portuguese authorities for further clarification on the progress of work to implement the waste-water treatment system in the Alhos Vedros area. Following the meeting, the authorities provided clarification in a letter to the Commission. The Portuguese authorities stated that Alhos Vedros, which is part of Barreiro/Moita/Palhais, designated by Portugal as a sensitive area under Article 5 of Directive 91/271/EEC of 21 May 1991 on urban waste-water treatment, is included in the integrated waste water treatment system for the Setúbal peninsula (SIMARSUL), which is cofinanced by the Commission under the Third Community Support Framework. This system includes the construction of several waste-water treatment plants, outfall ditches and pumping stations. Work is expected to be completed at the end of 2006. The Portuguese authorities also stated that, in parallel with the ongoing work in connection with SIMARSUL, the municipality of Moita is currently carrying out work to improve the treatment of waste water from Alhos Vedros, including work to renovate two pumping stations, which has already been completed, and still ongoing work to install new drainage 1 One p.e. (population equivalent) means the organic biodegradable load per inhabitant. 2 OJ L 135, 30.5.1991 CM\702336.doc 3/6 PE321.498v07-00
networks. The Commission will continue to monitor this situation. 8. Further Commission reply, received on 6 July 2005 'As mentioned previously, the town of Alhos Vedros forms part of the Barreiro/Moita/Palhais agglomeration, the sewage from which is discharged into an area designated as sensitive by the Portuguese authorities under Directive 91/271/EEC 1, of 21 May 1991, concerning urban waste-water treatment. According to Article 5 of the said directive, the discharge of urban waste water from agglomerations of more than 10 000 p.e., as in the case at issue, into a sensitive area requires more stringent treatment than that known as secondary treatment. The Commission has initiated infringement proceedings against Portugal - Procedure no 2002/2128 - for non-compliance with its obligations under Article 5 of Directive 91/271/EEC. These proceedings concern several agglomerations, including that of Barreiro/Moita/Palhais. Having noted that the situation of non-compliance with the above provision of Directive 91/271/EEC was continuing, particularly in the agglomeration in question, on 22 December 2004 the Commission sent a reasoned opinion to Portugal, under Article 226 of the EC Treaty. The Commission is currently examining the information forwarded by the Portuguese authorities in their reply to the reasoned opinion, with a view to reaching a decision on this dossier.' 9. Further communication from the Commission, received on 3 July 2006 Further to its previous communication, the Commission has once more requested specific details from the Portuguese authorities regarding the treatment of waste water in the locality in question. The Portuguese authorities have indicated that projected works on the infrastructures necessary to remedy the situation and provide the level of treatment required by Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment 2 in the locality of Alhos Vedros are still under way and are not expected to be completed before 2008. In any case, the Commission can confirm that the treatment of waste water in the locality of Alhos Vedros, which forms part of the Barreiro/Moita agglomeration and the environmentally-sensitive Tejo estuary, is currently the subject of one of the infringement procedures initiated against Portugal for failure to implement properly a number of the provisions of the above directive 3, including those concerning the classification of sensitive areas and the level of treatment required in certain Portuguese agglomerations. 1 OJ L 135, 30.5.1991, p. 40-52. 2 OJ L 135, 30.5.1991, p. 40-52. 3 Infringement procedures 2002/2128 and 2004/2035. PE321.498v07-00 4/6 CM\702336.doc
Concerning the stage reached by the infringement procedures, letters of formal notice have been sent in both cases. Notwithstanding the relative complexity of the overall situation following the major changes to the classification of sensitive areas by the Portuguese authorities, which has also had implications regarding the designation of agglomerations discharging waste water in these areas, the Commission takes the view that these infringements procedures should be given priority. It will monitor developments closely and decide, when appropriate, on the action to be taken. 10. Further Commission reply, received on 19 December 2007. The petition concerns the failure to remove and treat sewage in an appropriate manner in the locality of Alhos Vedros, which forms part of the Barreiro/Moita/Palhais agglomeration situated in an area classified as sensitive in the Tejo estuary, under Article 5 of 91/271/EEC of 21 May 1991 concerning urban waste-water treatment 1. Under Article 3 of Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment 2, the Member States must ensure that all agglomerations are provided with collecting systems for urban waste water at the latest by 31 December 2000 for those with a population equivalent (p.e.) of more than 15000 (reference to review: sensitive areas). Under Article 5 of the same directive, the Member States must ensure that urban waste water entering collecting systems, before discharge into sensitive areas, is subject to more stringent treatment than secondary treatment by 31 December 1998 at the latest for all discharges from agglomerations of more than 10000 p.e. The latest reports forwarded by the Portuguese authorities show that the waste water collecting system for the area of Barreiro/Moita/Palhais is not yet operational. Even though the work on the collecting networks and the pumping stations has begun, the main sewer has not yet been fully built and the collecting networks will only be connected to the new treatment plant, which is supposed to treat the area s sewage in the appropriate manner (secondary treatment plus disinfection), in 2008, once the work on the treatment plant has been completed. This work is being financed by the Cohesion Fund (2005PT16CPE002) and the work is scheduled to be completed by 31 December 2008. The Barreiro/Moita/Palhais agglomeration has a p.e. of more than 239 800. Accordingly, the failure to collect sewage and to implement an appropriate level of treatment in the agglomeration is in breach of the aforementioned provisions. The Commission has begun infringement proceedings against Portugal concerning all the agglomerations which do not comply with requirements under Articles 3 and 5 of Directive 91/271/EEC, including the agglomeration of Barreiro/Moita/Palhais. A further reasoned opinion has been sent to Portugal in connection with the infringement 1 OJ L 135, 30.5.1991, p. 40-52 2 OJ L 135, 30.5.1991, p. 40-52 CM\702336.doc 5/6 PE321.498v07-00
proceedings provided for under Article 226 of the EC Treaty. PE321.498v07-00 6/6 CM\702336.doc