WRITTEN QUESTION E-1078/98

by María Estevan Bolea (PPE) to the Commission

(7 April 1998)

Subject: Movements of dangerous waste in the EU

Certain regions in some Member States are taking steps to delay, prevent or even outlaw movements of dangerous waste between municipalities, provinces, regions or countries - that is, within the EU or, indeed, within individual Member States - aimed at ensuring the proper treatment and suitable management of the goods concerned, thus distorting the services in question.

These actions are even more to be condemned if one recalls that the regions which are trying to outlaw internal movements of such waste have neither the necessary plants nor sufficient treatment capacity. This means that, in many cases, the dangerous waste is simply poured out into watercourses along with other waste; since it is not treated, the substances concerned are not separated from the residual waters, nor are they separated out into different currents with the liquid, solid or soft waste being treated in conformity with the legislation in force.

Does the Commission consider these actions to be within the law?

What action can the Commission take to correct these irregularities?

Answer given by Mrs Bjerregaard on behalf of the Commission

(15 June 1998)

The Commission is aware that a number of Member State authorities at local or regional level have banned the movement of waste due to complaints. However, the Commission is not aware that as a result hazardous waste is poured into water courses along with residual waters and other waste.

Council Regulation (EEC) 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the Community(1) allows Member States to limit or prohibit shipments of waste destined for final disposal in accordance with the principles of proximity, priority for recovery and self-sufficiency. If however hazardous waste is produced in a Member State in such a small quantity that the provision of new specialised disposal installations within that Member State would be uneconomic, the shipment to another Member State cannot be refused. Shipments of waste destined for recovery operations are subject to a system of notification, but the principles of proximity and self-sufficiency do not apply and restrictions cannot be laid down by the Member States. The provisions of the Regulation do not apply to shipments within a Member State. However, Member States have to establish an appropriate system for the supervision and control of shipments of waste within their jurisdiction, which should take account of the need for coherence with the Community system and in this respect Member States may apply the provisions of the Community system. Whether prohibitions at local or regional level are sound from an environmental and from an economic perspective would have to be assessed by the Member State in question.

The discharge of hazardous waste in water courses would under Directive 75/442/EEC as amended by Council Directive 91/156/EEC of 18 March 1991 on waste(2) only be allowed if in accordance with an appropriate waste management permit which ensures that the operation does not endanger human health or harm the environment. More stringent requirements concerning hazardous waste are laid down in Directive 91/689/EEC(3).

The abatement of pollution caused by the disposal of hazardous waste in water courses would also be covered by the provisions of Directive 76/464/EEC of 4 May 1976(4) on pollution caused by discharge of dangerous substances to the aquatic environment. Member States must establish environmental quality standards for the substances discharged, and all discharges liable to contain those substances must be subject to prior authorisation. The discharge could only be permitted if it were consistent with the targets for reduction of pollution by the substances concerned established by the Member State in its programme of measures.

The proposal for a Council directive establishing a framework for Community action on water policy(5) currently being discussed by the Council and the Parliament, would also prohibit discharge into water courses, including hazardous waste, which would breach any environmental quality standards established at Community level, or which would adversely affect the functioning of the ecosystem of the water course.

Enforcement of Community legislation on hazardous waste lies with the Member States. Whenever the Commission receives information which may show an infringement of Community legislation in this area, it conducts a thorough examination of the facts and where appropriate takes the necessary steps with the Member State involved.

(1) OJ L 30, 6.2.1993.

(2) OJ L 78, 26.3.1991.

(3) OJ L 377, 31.12.1991.

(4) OJ L 129, 18.5.1976.

(5) COM(97) 49, modified by COM(97) 614 final and COM(98) 76 final.