WRITTEN QUESTION E-1813/98

by Luigi Vinci (GUE/NGL) and Lucio Manisco (GUE/NGL) to the Commission

(11 June 1998)

Subject: Application of Directive 91/689/EEC on hazardous waste

Article 3(2) of Directive 91/689/EEC(1) on hazardous waste provides that in accordance with Article 11 (1) (b) of Directive 75/442/EEC(2), a Member State may waive Article 10 of that Directive for... undertakings which recover waste covered by that Directive. The conditions for the waiver are laid down in Article 3 (2) of Directive 91/689/EEC. Article 3(4) of Directive 91/689/EEC provides that if a Member State intends to make use of the provisions of paragraph 2, the rules referred to in that paragraph shall be sent to the Commission not later than three months prior to their coming into force. The Commission shall consult the Member States.

In the light of these consultations the Commission shall propose that the rules be finally agreed upon in accordance with the procedure laid down in Article 18 of Directive 75/442/EEC. Directive 83/189/EEC(3) has introduced a special procedure for the notification of standards and technical regulations.

1. How does the Commision interpret Article 3(4) quoted above? In particular, if the period of three months from the date of notification of the standards to the Commision has expired, can those standards be adopted even where the Commission has not taken a decision approving or rejecting them?

2. Is it true that Italy has notified the Commission of draft technical standardswith regard to the implementation of simplified procedures for the recovery of non-hazardous and hazardous waste?

3. On what date was that notification submitted with regard to both the duty referred to in Article 3(4) of Directive 91/689/EEC and to Directive 83/189/EEC?

4. Does the Commission know whether the standstill period with regard to the above-mentioned Italian provisions is still running, and, if not, the date on which the standstill period expires under both Directive 91/689/EEC and Directive 83/189/EEC?

Answer given by Mrs Bjerregaard on behalf of the Commission

(17 July 1998)

Article 3(4) of Directive 91/689/EEC establishes that, after the expiry of the three months period in this Article, the national provisions mentioned in Article 3(2) can be adopted, even if a decision by the Commission to approve or reject them has not yet been taken. In case the Member State, after the expiry of the three months, adopts the provisions and the Commission subsequently does not approve them, the provisions will have to be modified in order to avoid a breach of Community law.

Italy has notified to the Commission draft provisions in application of Articles 31-33 of Italian decree 22/1997 on waste. The notification was made on 27 August 1997 under Directive 83/189/EEC and on 17 October 1998 under Directive 91/689/EEC. A supplementary Annex to the draft measures was notified under Article 3(4) of Directive 91/689/EEC on 12 February 1998. The standstill periods under Directive 83/189/EEC and Directive 91/689/EEC expired respectively on 28 November 1997 and 17 January 1998. As regards the Annex notified on 12 February 1998, the standstill period expired on 12 May 1998.

(1) OJ L 377, 31.12.1991, p. 20.

(2) OJ L 194, 25.7.1975, p. 39.

(3) OJ L 109, 26.4.1983, p. 8.