WRITTEN QUESTION E-2288/00

by Hiltrud Breyer (Verts/ALE) to the Commission

(11 July 2000)

Subject: Construction products Directive 89/106/EEC

The Federal Republic of Germany has not correctly transposed construction products Directive 89/106/EEC(1) of 21 December 1988 into national law as it applies to fundamental characteristics (viz. hygiene, health, preventive aspects of environmental protection).

The following give particular cause for concern in this connection:

- the release of toxic gases or other substances from construction materials, and

- the presence of hazardous particles or gases in the air

in relation to the long-term use of premises for human occupation and their impact on human health. It has moreover been determined that any systematic assessment of construction-product induced emissions/immissions is completely absent.

1. Is the Commission aware that none of these aspects has been transposed into the corresponding German land construction regulations in a legally effective manner?

2. What action will the Commission take to rectify this irregularity?

3. Will the Commission consider bringing Treaty-violation proceedings in accordance with Article 226 against the Federal Republic?

(1) OJ L 40, 11.2.1989, p. 12.

Answer given by Mr Liikanen on behalf of the Commission

(8 September 2000)

Germany notified its legal texts transposing Council Directive 89/106/EEC to the Commission between 1993 and 1995, under the references 94/4/D, 94/123/D, 95/379/D and 95/380/D. Aside from observations relating to the absence of a mutual recognition clause, which was subsequently rectified, the Commission found the transpositions to be in accordance with the provisions of the Directive.

In this context, it has to be recalled that the main objective of Directive 89/106/EEC is the establishment and functioning of the internal market for construction products through the approximation of the laws, regulations and administrative provisions of the Member States relating to such products. However, in accordance with the principle of subsidiarity, the Directive foresees that responsibility for the safety of buildings and civil engineering works remains within the competence of the Member States. It follows that the decision to regulate or not for any of the essential requirements of the Directive (for example, that relating to health, hygiene and the environment, which covers the release of toxic substances) is a matter for the Member States themselves.

The Commission is aware that the Germany has transposed the relevant European legislation relating to dangerous substances, in particular Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations(1), as amended. However, the question of whether to go beyond these obligations and to regulate for a systematic assessment of emissions caused by construction products is a matter for the German authorities rather than the Commission.

For the above reasons, the Commission does not currently propose to initiate any measures against Germany in respect of the application of the essential requirements of Directive 89/106/EEC.

(1) OJ L 262, 27.9.1976.