WRITTEN QUESTION E-0947/98

by Cristiana Muscardini (NI) to the Commission

(30 March 1998)

Subject: Community directives on waste

The incorporation of Community directives in national legislation should be confined to faithful transposition of the definitions and provisions contained in the texts. Legislative Decree No 22 of 5 February 1997, which transposes Directives 91/156/EEC(1), 91/689/EEC(2) and 94/62/EC(3) introduces into Italian legislation interpretations of the definitions contained in the EU directives. Can the Commission say:

1. whether it knows the details of Decree No 22;

2. if so, whether it considers that a Member State is allowed to interpret definitions unequivocally, thereby altering the uniformity of their application;

3. whether it considers that in order to completely reorganize national rules on waste Directives 89/429(4)and 89/369(5) on reducing air pollution from municipal waste incineration plants or Directive 94/67 on the incineration of hazardous waste should also be transposed;

4. what it thinks about the incongruity of Article 17 of the Italian decree, which refers to decontaminating and reclaiming polluted sites, an issue which is not mentioned at all in the directives which are being transposed;

5. it does not consider that contaminated sites - because of their very nature - should be dealt with in ad hoc legislation covering all aspects of the problem - the involvement of all sectors of the environment (water, air, soil, flora and fauna) and public health?

Answer given by Mrs Bjerregaard on behalf of the Commission

(30 April 1998)

Decree 22/1997 is known to the Commission, and is the subject of infringement proceedings.

Interpretation of Community law must be the same in all Member States. Directives cannot be interpreted in different ways in the different Member States. The Court of justice ensures the consistent and uniform interpretation of Community law.

The choice of the appropriate instruments in order to implement Community directives in national law is a prerogative of the Member States, within the limits set by the EC Treaty. Council Directive 89/429/EEC of 21 June 1989 on the reduction of air pollution from existing municipal waste-incineration plants and Council Directive 89/369/EEC of 8 June 1989 on the prevention of air pollution from new municipal waste incineration plants, appear to have been implemented in Italy by means of Decree No 503 of 19 November 1997. As for Council Directive 94/67/EC on the incineration of hazardous waste, an infringement procedure is open against Italy for lack of communication of the transposition measures.

Concerning Article 17 of Decree 22/1997, at present there is no Community legislation on "reclamation of contaminated sites". Member States may adopt the legislation they deem appropriate, on condition that the EC Treaty is respected. This kind of legislative action appears appropriate, in the light of the huge environmental impact of contaminated sites. The choice of the form of this legislation (autonomous legislation or included in the context of waste legislation) is also a full prerogative of the Member States. In conclusion, Article 17 of Decree 22/1997 does not include elements which are relevant for Community legislation, since the matter it regulates falls within the competence of the Member States.

(1) OJ L 78, 26.3.1991, p. 32.

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

(3) OJ L 365, 31.12.1994, p. 10.

(4) OJ L 203, 15.7.1989, p. 50.

(5) OJ L 163, 14.6.1989, p. 32.