WRITTEN QUESTION E-2477/02

by Chris Davies (ELDR) to the Commission

(6 September 2002)

Subject: Implementation of legislation

The Commission recently confirmed that not one single Member State had informed it by the due date that the End-of-Life Vehicle Directive 2000/53/EC(1) had been transposed into national legislation, and that letters were accordingly being sent to every Member State about this matter.

On what other occasions has the Commission been forced to initiat infringement proceedings against every single Member State?

Given that the failure of any Member State to comply with the requirements of the End-of-Life Vehicles Directive in accordance with the legislative timetable makes the entire EU legislative process look like a complete farce, is it the intention of the Commission to enter this issue on the agenda of the next Environment Council (or of any other Council)? If not, why not?

Why has the Commission indicated, when answering my previous questions about this matter, that, despite the comprehensive failure of Member States to comply with the legislative timetable, it is not proposing to seek to enhance its enforcement procedures?

(1) OJ L 269, 21.10.2000, p. 34.

Answer given by Mrs Wallström on behalf of the Commission

(25 October 2002)

The Commission has already had occasion to institute infringement proceedings against all the Member States for failure to communicate the national measures transposing other directives. It would refer the Honourable Member to the reports on monitoring the application of Community law which it sends to Parliament each year(1), and in particular Annex IV thereof.

The EC Treaty provides the Commission with the competences necessary to ensure that Community law is properly observed by Member States. To this end, the EC Treaty lays down fundamental rules for infringement procedures against Member States (Articles 226 and 228 in particular). A number of substantial and procedural requirements have been developed by the jurisprudence of the European Court of Justice.

Whenever Member States fail to communicate transposition measures for Community legislation in time, the Commission automatically institutes infringement proceedings. In the case in question, the Commission used these competences by promptly sending Member States a letter of formal notice for non-communication of transposition measures.

Five Member States have now sent the Commission their measures transposing Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles(2). Two other Member States have either transmitted draft legislation informing the Commission that they are on the point of adopting it or indicated that the transposition will be completed in the coming weeks. Reasoned opinions have been sent to those Member States that have not yet communicated transposition measures.

The Commission assures the Honourable Member that, as for all Community legislation, it will continue using its powers in order to ensure that Member States fulfil their obligations under Directive 2000/53/EC. Should certain Member States persist in not implementing Directive 2000/53/EC, the Commission will take all necessary measures, including those provided for in Articles 226 and 228 of the EC Treaty, in order to rectify this situation.

The Commission continuously aims to improve the overall effectiveness of its enforcement procedures. However, this may only be done within the framework of the fundamental rules as set out in the EC Treaty and as developed in the jurisprudence of the Court of Justice.

(1) 18th Annual Report on monitoring the application of Community law (2000) (COM(2001) 309 final) available on the Commission's Europa site:http://europa.eu.int/comm/secretariat_general/sgb/infringements/18report_2000_en.htm19th Annual Report on monitoring the application of Community law (2001) (COM(2002) 324 final) available on the Commission's Europa site: http://europa.eu.int/comm/secretariat_general/sgb/infringements/19report_2001_en.htm.

(2) OJ L 269, 21.10.2000.