WRITTEN QUESTION E-2233/01

by Karl-Heinz Florenz (PPE-DE) to the Commission

(26 July 2001)

Subject: Enforcement of European waste directives in Germany in respect of the disposal of used radiator and brake fluid

It is conservatively estimated that between 100 000 and 400 000 tonnes of used radiator and brake fluid arise for disposal from used vehicles in Germany every year. Only about 5000 tonnes of used radiator fluid are sent for disposal. No definite figures can be obtained from either the Federal Ministry of the Environment or the Ministries of the Environment in the Länder.

1. Do the reports to be drawn up by Germany and forwarded to the Commission on the measures to implement the EU waste directives give any indication of the quantities of used radiator and brake fluid, and of the actual quantities legally disposed of?

2. Would the failure to provide such information not mean that EU waste legislation, with particular reference to Article 4 of Directive 91/689/EEC on hazardous waste, was not being properly implemented by Germany in the absence of any monitoring of garages and service stations? If it does, what does the Commission intend to do to remedy the situation?

Are there any figures from other Member States?

Answer given by Mrs Wallström on behalf of the Commission

(25 October 2001)

Article 4(1) of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste(1) requires producers to be subjected to adequate periodical inspections by competent authorities. Article 4(2) of the same Directive requires producers to keep records including information on waste quantities, types, treatment operations, means of transport. Such records are to be made available to competent authorities upon request.

There are no requirements in Directive 91/689/EEC providing that Member States have to communicate such detailed information to the Commission. By Commission Decision 97/622/EC of 27 May 1997 concerning questionnaires for Member States reports on the implementation of certain Directives in the waste sector(2), the Commission adopted the questionnaire for Member States reporting under Directive 91/692/EEC. This questionnaire does not require Member States to provide information on quantities of used radiator and brake fluids which arise, nor on their disposal.

The Commission is currently investigating a complaint whether Germany adequately controls the disposal of used radiator fluids and in conjunction with this issue if used radiator fluids are disposed of in accordance with Council Directive 75/442/EEC of 15 July 1975 on waste(3) and Directive 91/689/EEC on hazardous waste.

The Commission does not have figures relating to generation and disposal of used radiator and brake fluids in other Member States.

The Commission draws the attention of the Honourable Member to the fact that Directive 2000/53/EC of the Parliament and of the Council of 18 September 2000, on end of life vehicles(4), to be implemented by the Member States by 21 April 2002, provides for the compulsory removal and separate collection of these fluids (Article 6(3) and Annex I).

(1) OJ L 377, 31.12.1991.

(2) OJ L 256, 19.9.1997.

(3) OJ L 194, 25.7.1975.

(4) OJ L 269, 21.10.2000.