WRITTEN QUESTION E-2565/99

by Erik Meijer (GUE/NGL) and Alain Krivine (GUE/NGL) to the Commission

(11 January 2000)

Subject: Health risks from processing Dutch lead batteries in France

1. Is the Commission aware that the Metal Blanc company in the French village of Bourg-Fidèle (Ardennes department) is processing waste lead batteries, and that as a result the surrounding area has become seriously polluted, which has meant that a quarter of children are suffering from lead poisoning, according to an inquiry by the Réseau National de Santé Publique (RNSP), it is dangerous to allow cows to graze and residents are being advised not to eat vegetables from their own gardens?

2. Is it also aware that the French courts closed down the Metal Blanc company some time ago, partly because it did not have a closed system for collecting lead fumes and waste water, but that in anticipation of the company's compliance with the required provisions they have again granted permission to resume the transport and processing of lead waste?

3. Can the Commission confirm the position as stated by the Netherlands Minister for the Environment in answer to questions by the Dutch MP R. Poppe, that the procedure for the collection of orange list waste substances means that the authorities concerned decide, independently of one another, each for their own area, whether or not to grant permission to export and import waste, so that the Netherlands does not have to ask the relevant French authorities first about the accuracy of the data supplied by the company concerning its processing method?

4. Does the Commission agree that the procedure described in point 3 can mean that public health and environmental information available from the various authorities concerned is not exchanged soon enough, thus enabling companies to evade the usual national government controls by shipping waste to another Member State?

5. Can the Commission confirm that an investigation into the European lead industry is currently under way, under its responsibility? When will the results become available?

6. Will the Commission see to it that the European regulation on the transport of waste is revised to ensure that, prior to the transport of waste, all the authorities involved coordinate their data and take a pro-Community stand on the acceptability of its transport and reprocessing?

Answer given by Mrs Wallström on behalf of the Commission

(9 February 2000)

The Commission was informed by a complaint of the facts described by the Honourable Members. A letter of request for information was sent to the French government.

In the absence of an answer after more than eight months, the Commission addressed to this Member State, pursuant to Article 226 (ex Article 169) of the EC Treaty (procedure for failure to fulfil an obligation) a letter of formal notice for violation of Article 10 (ex Article 5) of the EC Treaty(1). This provision stipulates that Member States should facilitate the Community institutions' achievement of their mission. In this case France did not enable the Commission to ensure its mission of guardian of Community law. In response, the French authorities provided information and comments, underlining in particular that the infringements established had recently led the authorities to take strict measures and that the local court was continuing to deal with of the case. The complainants were informed of this answer.

The procedure applying to shipments of so-called amber list wastes for recovery within the Community is laid down in Articles 69 of Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the Community(2). The notifier has to supply in the relevant notification of the shipment, information with particular regard to the identity of the consignee of the waste, the location of the recovery centre and the type and duration of the authorisation under which the centre operates. The notification, and thus the above-mentioned information, is made available to all authorities involved in the state of dispatch, destination and transit. A shipment may only be effected if, within a period of 30 days, none of the authorities involved have raised objections on any of the grounds outlined in Article 7 (4). The Regulation does not foresee a specific obligation for the authority of dispatch (in this case, in the Netherlands), to ask the authority of destination (in this case, in France) for confirmation whether the information supplied by the notifier on the notification form with regard to the intended recovery is correct. It is primarily up to the authority of destination to check whether this information is correct, and if this is not the case, to object to the shipment.

The Commission is of the opinion that the procedures of Council Regulation 259/93 ensure sufficient supervision and control of waste shipments for recovery within the Community and do not provide an incentive for economic operators to evade usual national government controls. The procedure under Articles 69 of Council Regulation (EEC) 259/93 requires the involvement of all authorities in controlling and supervising a given shipment. If only one of the authorities raises an objection, the shipment may not take place. The fact that an objection is raised has to be notified to all authorities involved. Therefore, irrespective of a possible authorisation of a shipment by the authority of dispatch, if the authority of destination raises an objection, this shipment may not take place.

The Danish authorities notified draft legislation concerning the ban on the import, sale and production of lead and lead-containing products to the Commission on 31 December 1998. On the basis of Directive 98/34/EC of the Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations(3), the Commission had three months to react to the Danish notification. A further three month period was added since some Member States sent detailed opinions to the Danish authorities. The Commission also sent a letter of observations to the Danish authorities. The content of this notification and the scientific justification of the measures foreseen in the draft decree are currently being assessed by the Commission, with the assistance of the scientific committee on toxicity, ecotoxicity and the environment which also has to give its opinion on the more general question of the effects of lead on human health and environment in the Community.

The procedures of Council Regulation (EEC) No 259/93 ensure sufficient supervision and control of waste shipments for recovery within the Community. The Commission does not consider that an amendment of the procedures in the way suggested by the Honourable Members would add anything to the current level of supervision and control.

(1) Press release IP 99/812 of 29 October 1999.

(2) OJ L 30, 6.2.1993.

(3) OJ L 204, 21.7.1998.