# CE2004088EN.01024101.xml

| 8.4.2004 | EN | Official Journal of the European Union | CE 88/241 |
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8.4.2004

EN

Official Journal of the European Union

CE 88/241

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(2004/C 88 E/0243)

WRITTEN QUESTION E-0881/04

by Ilda Figueiredo (GUE/NGL) to the Commission

(22 March 2004)

Subject:   Incinerator installation in the Central Region (Portugal)

Subject:

Quercus, the Portuguese National Nature Conservation Association, submitted a detailed report to the Commission in October 2003 on the major problems identified in packaging management and recycling in Portugal.

Quercus is now disputing the installation of an incinerator designed to burn over 90 % of the solid urban waste produced in Portugal's Central Region, by the ERSUC (Central Region Solid Urban Waste Company), since Quercus deems this supposed solution to be more productive of pollution, less efficient and more expensive than others.

The Commission:

| 1. | What is its stance on Quercus' report on the problems identified in packaging, management and recycling in Portugal? |
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1.

What is its stance on Quercus' report on the problems identified in packaging, management and recycling in Portugal?

| 2. | Is it familiar with the ERSUC study on installing an incinerator in the Central Region? What is the Commission's stance on this proposal? |
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2.

Is it familiar with the ERSUC study on installing an incinerator in the Central Region? What is the Commission's stance on this proposal?

Answer given by Mrs Wallström on behalf of the Commission

(30 April 2004)

(30 April 2004)

| 1. | The Commission is in the process of verifying the data sent in the report mentioned by the Honourable Member. However, the Commission did not yet receive official data on packaging recycling from Portugal for the year 2002. Pursuant to Commission Decision 97/138/EC (1) these data must be submitted by 30 June 2004.
  The data for recycled packaging waste submitted by Quercus for 2002 significantly differ from the official figures for the years 1998 to 2001. According to the official 2001 data submitted by Portugal, a total of 484,225 tons of packaging waste was recycled, whereas the data by Quercus only indicate a total of 193,502 tons of packaging waste recycling. Correspondingly, the officially reported recycling rate for 2001 is 38 % whereas the recycling rate for 2002 reported by Quercus is 15 %. The report submitted by Quercus does not give an explanation for this difference which is, however, unlikely to be only due to different reference years.
  Whereas the above data refer to recycling, according to Directive 94/62/EC (2) (as amended by Directive 2004/12/EC (3)) the only target applicable to Portugal by 2001 is a target of 25 % for recovery or incineration at waste incineration plants with energy recovery. The data submitted by Portugal for 2001 indicate that a total of 667 916 tonnes of packaging would fall into this category. The resulting rate for recovery or incineration at waste incineration plants with energy recovery is 52 %. For this reason, the Commission currently does not have sufficient elements to believe that Portugal has failed to achieve its 2001 target. However, the Commission will verify the official 2002 data and any other relevant information which might be submitted in future.
  The Quercus report also refers to other issues (transparency, Green Dot fees, supermarkets, re-use, industrial packaging, medical packaging, more favourable treatment of certain companies and packaging types, and the situation in the Azores). However, these matters fall under the responsibility of national authorities and the Commission currently cannot identify any elements that would infringe the Packaging and Packaging Waste Directive or other pieces of Community legislation. |
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1.

The Commission is in the process of verifying the data sent in the report mentioned by the Honourable Member. However, the Commission did not yet receive official data on packaging recycling from Portugal for the year 2002. Pursuant to Commission Decision 97/138/EC (1) these data must be submitted by 30 June 2004.

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The data for recycled packaging waste submitted by Quercus for 2002 significantly differ from the official figures for the years 1998 to 2001. According to the official 2001 data submitted by Portugal, a total of 484,225 tons of packaging waste was recycled, whereas the data by Quercus only indicate a total of 193,502 tons of packaging waste recycling. Correspondingly, the officially reported recycling rate for 2001 is 38 % whereas the recycling rate for 2002 reported by Quercus is 15 %. The report submitted by Quercus does not give an explanation for this difference which is, however, unlikely to be only due to different reference years.

Whereas the above data refer to recycling, according to Directive 94/62/EC (2) (as amended by Directive 2004/12/EC (3)) the only target applicable to Portugal by 2001 is a target of 25 % for recovery or incineration at waste incineration plants with energy recovery. The data submitted by Portugal for 2001 indicate that a total of 667 916 tonnes of packaging would fall into this category. The resulting rate for recovery or incineration at waste incineration plants with energy recovery is 52 %. For this reason, the Commission currently does not have sufficient elements to believe that Portugal has failed to achieve its 2001 target. However, the Commission will verify the official 2002 data and any other relevant information which might be submitted in future.

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The Quercus report also refers to other issues (transparency, Green Dot fees, supermarkets, re-use, industrial packaging, medical packaging, more favourable treatment of certain companies and packaging types, and the situation in the Azores). However, these matters fall under the responsibility of national authorities and the Commission currently cannot identify any elements that would infringe the Packaging and Packaging Waste Directive or other pieces of Community legislation.

| 2. | The Commission service responsible is not in possession of the ERSUC study on installing an incinerator in the Central Region of Portugal. However, various pieces of relevant information available on the internet have been studied. As long as the conditions of Community waste management legislation are fulfilled, Member States are free to take their own choices of waste management methods. This applies in particular to the way the reduction targets for biodegradable waste to landfills are achieved. Portugal has announced the construction of a new incinerator in the Litoral Centro in their national strategy for the reduction of biodegradable waste going to landfills. Furthermore, it should be noted that the granting of permits falls under the responsibility of national authorities, and does not need to be notified to the Commission. In the absence of information indicating the contrary, the Commission does not see a reason to assume that Portugal fails to apply relevant Community waste legislation. |
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2.

The Commission service responsible is not in possession of the ERSUC study on installing an incinerator in the Central Region of Portugal. However, various pieces of relevant information available on the internet have been studied. As long as the conditions of Community waste management legislation are fulfilled, Member States are free to take their own choices of waste management methods. This applies in particular to the way the reduction targets for biodegradable waste to landfills are achieved. Portugal has announced the construction of a new incinerator in the Litoral Centro in their national strategy for the reduction of biodegradable waste going to landfills. Furthermore, it should be noted that the granting of permits falls under the responsibility of national authorities, and does not need to be notified to the Commission. In the absence of information indicating the contrary, the Commission does not see a reason to assume that Portugal fails to apply relevant Community waste legislation.

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(1)  Commission Decision 97/138/EC of 3 February 1997 establishing the formats relating to the database system pursuant to Parliament and Council Directive 94/62/EC on packaging and packaging waste, OJ L 52, 22.2.1997.

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(2)  Directive 94/62/EC of the Parliament and Council Directive of 20 December 1994 on packaging and packaging waste, OJ L 365, 31.12.1994.

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(3)  Directive 2004/12/EC of the Parliament and of the Council of 11 February 2004, OJ L 47, 18.2.2004.

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