EN Official Journal of the European Union CE 78/460

(2004/C 78 E/0486)

WRITTEN QUESTION P-3077/03

by Torben Lund (PSE) to the Commission

(14 October 2003)

Subject: Failure to implement Directive 2000/53/EC on end-of-life vehicles

A number of Member States are, in far too many cases, too slow to implement EU legislation. It also happens that EU directives are not implemented properly. This may be due to problems of interpretation but may also happen in some cases in order to safeguard national interests. The result is often that efforts to improve the environment are undermined and innovative companies that have adapted to the new market circumstances are not provided with the conditions they were told to expect.

This being so, will the Commission provide a progress report on implementation of Directive 2000/53/EC (1) in the Member States and comment on implementation of the Directive's provisions on the dismantling of oil filters and possible ways of preventing the leakage of residues? Does it consider that the latter provision has been implemented in such a way as to eliminate technical barriers and that companies from other Member States that have developed the technology (e.g. oil filter bungs) to prevent oil leakages, etc. are guaranteed genuine free market access?

Has it instituted proceedings against those Member States that have not implemented the Directive properly and, if so, which ones? When are these countries expected to have implemented the Directive properly? Is it planning to take further measures to ensure implementation of this Directive and, if so, what measures?

Answer given by Mrs Wallström on behalf of the Commission

(12 November 2003)

In line with Article 9 of Directive of the Parliament and of the Council of 18 September 2000 on end-of-life vehicles, the Commission will publish a report on the implementation of this Directive within nine months of receiving the implementation reports from the Member States. Pursuant to Article 9(1) of the Directive, the first implementation report to be submitted by the Member States will cover the period of three years from 21 April 2002.

Article 6 (1) of the Directive requires Member States to take the necessary measures to ensure that all end-of life vehicles are treated in accordance with the minimum treatment requirements set out in Annex I of the Directive. Annex I requires, among others, the removal, separate collection and storage of oil. It should be noted that the Directive addresses the dismantling of oil filters primarily of end-of life vehicles. As regards waste reused parts of vehicles removed when passenger cars are repaired, Article 5 (1) of the Directive provides only that Member States shall set up systems for collection as far as technically feasible.

Up to now, twelve Member States (Belgium, Denmark, Germany, Spain, France, Italy, Luxembourg, the Netherlands, Austria, Portugal, Finland and Sweden) have officially communicated their transposition measures to the Commission. However, in the cases of Belgium, France and Finland these measures represent an incomplete transposition. Therefore the Commission, pursuant to Article 226 of the EC Treaty, has brought an action before the Court of Justice for non-communication of the national transposition measures or for communication of incomplete measures against Belgium (C-2003/345), Greece (C-2003/246), France (C-2003/331), Ireland (the Commission decision to apply to the Court is presently being executed), Finland (C-2003/292) and United Kingdom (C-2003/277). Pursuant to Article 10 of the EC Treaty, Member States are expected to take the necessary measures to comply with all the obligations laid down in the Directive.

The Commission is currently assessing the communicated national transposition measures, including the transposition of the requirements of Articles 5, 6 and Annex I on their conformity with the Directive. Therefore, at this moment the Commission has no clear overview of the specificities of the collection and dismantling systems set up in each Member State. In case of incorrect implementation, the Commission will address this with the Member State concerned, in line with the powers conferred to it by the EC Treaty.

The Commission regularly discusses the implementation issues related to this Directive with the Member State experts during the Technical Adaptation Committee meetings established on the basis of Article 18 of Council Directive 75/442/EEC of 15 July 1975 on waste (2).

(1) OJ L 269, 21.10.2000, p. 34.

(2) OJ L 194, 25.7.1975.