# EUR-Lex - 51998IP0235 - EN

Avis juridique important

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# 51998IP0235

**Resolution on the communication from the Commission to the European Parliament and the Council concerning the application of Directives 75/439/EEC, 75/442/EEC, 78/319/ EEC and 86/278/EEC on waste management (COM(97)0023 C4-0368/ 97) **

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Official Journal C 313 , 12/10/1998 P. 0099 *

A4-0235/98

Resolution on the communication from the Commission to the European Parliament and the Council concerning the application of Directives 75/439/EEC, 75/442/EEC, 78/319/EEC and 86/278/EEC on waste management (COM(97)0023 - C4-0368/97)

The European Parliament,

- having regard to the communication from the Commission (COM(97)0023 - C4-0368/97),

- having regard to Article 5 of the EC Treaty,

- having regard to its resolutions of 8 April 1992 ((OJ C 125, 18.5.1992, p. 122.)) on the application of Community environment law and 14 May 1997 ((OJ C 167, 2.6.1997, p. 92.)) on the Commission communication on the application of Community environment law,

- having regard to the report of the Committee on the Environment, Public Health and Consumer Protection (A4-0235/98),

A. having regard to its commitment to sustainable development as one of the European Union's priority objectives,

B. whereas effective application of Community environment law is a sine qua non for achieving sustainable development,

C. whereas environmentally sound waste management and a significant reduction in the volume of waste are essential conditions for a sustainable and environmentally sound economic policy,

1. Regrets the fact that no Member State has so far incorporated the so-called European Waste Catalogue (EWC) into its national legislation, with the result that each of the Member States continues to interpret differently such concepts as 'industrial waste', 'final waste', 'recycled raw materials' and 'special waste';

2. Deplores the shortcomings and the lack of diligence displayed by the Member States in the transposition, application and implementation of the provisions of Directives:

- 75/442/EEC ((OJ L 194, 25.7.1975, p. 39.)), as amended by Directive 91/156/EEC of 18 March 1991 ((OJ L 78, 26.3.1991, p. 32.)), on waste,

- 78/319/EEC ((OJ L 84, 31.3.1978, p. 43.)), as amended by Directive 91/689/EEC of 12 December 1991 ((OJ L 377, 31.12.1991, p. 20.)), on toxic and dangerous waste,

- 75/439/EEC ((OJ L 194, 25.7.1975, p. 23.)), as amended by Directive 87/101/EEC of 22 December 1986 ((OJ L 42, 12.2.1987, p. 43.)), on the disposal of waste oils,

- 86/278/EEC of 12 June 1986 ((OJ L 181, 4.7.1986, p. 6.)) on protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture;

3. Considers that the time has come for the definition of waste in Europe to be established by means of a Regulation;

4. Calls on the Member States:

a) pursuant to Article 3(1) of Directive 75/439/EEC (as amended by Directive 87/101/EEC) on the disposal of waste oils, to give priority to the regeneration, rather than the burning, of waste oils, in view of the fact that 90% of waste oils can be recycled;

b) to forward to the Commission, at least for the 1995-1997 period, the following information pursuant to Article 5 of Directive 91/692/EEC of 23 December 1991 ((OJ L 377, 31.12.1991, p. 48.)) standardizing and rationalizing reports on the implementation of certain Directives relating to the environment:

i) the report referred to in Article 16 and Annex VI of Directive 91/156/EEC and Article 12 of Directive 75/442/EEC,

ii) the report referred to in Article 8(2) of Directive 91/689/EEC,

iii) the report referred to in Article 18 of Directive 75/439/EEC as amended by Directive 87/101/EEC,

iv) the report referred to in Article 17 of Directive 86/278/EEC,

which are essential if the application of Community law on waste management is to be monitored;

5. Notes that, on account of these serious omissions on the part of the Member States, the Commission is unable to perform the role of guardian of the Treaties and of Community law entrusted to it under Article 155 of the Treaty;

6. Expresses its satisfaction that, on 15 October 1997, the Commission began infringement proceedings against 13 Member States which had failed to adopt (and/or notify the Commission of) waste disposal plans pursuant to Article 7 of Directive 75/442/EEC; welcomes the start of infringement proceedings by the Commission against three Member States which have not fully transposed Directive 75/439/EEC, as amended by Directive 87/101/EEC, on the disposal of waste oils;

7. Calls on the Commission:

a) to propose tax incentives for the recovery of waste oil when Directive 75/439/EEC is next amended;

b) to be more systematic in the automatic initiation of infringement proceedings against Member States which have failed to implement each and every one of the directives' provisions, so that the Commission is not required each time to take a policy decision on the matter;

c) and on the Council, when Regulation (EEC) No 1210/90 on the establishment of the European Environment Agency and the European Environment Information and Observation Network ((OJ L 120, 11.5.1990, p. 1.)) is next revised, to adopt the amendments contained in Parliament's opinion of 18 February 1998 ((OJ C 80, 16.3.1998, p. 134.)), the purpose of which is to enable the European Environment Agency to:

i) provide data and information regarding the state of application of Community law on waste management in the Member States,

ii) increase its cooperation with the IMPEL network and support the work thereof;

d) to provide the European Parliament with a quarterly list of cases against defaulting Member States taken to the Court of Justice, a list of cases already decided by the Court, and a list of fines levied by the Court;

e) to link financial support for waste management for countries that have applied for EU membership to the current EU requirements with regard to waste;

8. Calls once again on the Commission and the Council to consolidate Community environment law in order to make it more consistent and transparent;

9. Draws the Member States' attention to the fact that the credibility of the European Union, particularly as far as the States that have applied for EU membership are concerned, depends to a large extent on the way in which its legislation is incorporated into national law and the degree to which it is implemented;

10. Expresses its intention, in instances of flagrant violation of EU waste legislation, of inviting the responsible Ministers of the relevant Member States to attend its Environment Committee in order to explain their policy;

11. Instructs its President to forward this resolution to the Council, the Commission and the parliaments and governments of the Member States.