WRITTEN QUESTION E-4139/97 by Angela Sierra González (GUE/NGL) to the Commission (21 January 1998)

Subject: Waste on islands

According to information recently made available by the authorities of the autonomous government, the Canary Islands currently generates approximately 1 million tonnes of waste each year. This makes the islands a major waste producer, bearing in mind also the considerable flow of visitors to the islands as a result of the heavy tourism they attract.

Recently, the Commission's DG XI published a manual on codes of practice for waste management on islands, dealing with the specific waste management problems encountered in island regions.

One of the most effective ways of helping island regions reduce the quantity of waste could be the waste generation prevention programme which the European Commission has identified as a focal point for its Community strategy for waste management. In the case of island regions, this programme could be implemented in line with the principle of 'preventing the introduction of waste', bearing in mind that the vast majority of products which subsequently become waste have their origin outside the islands and are imports.

The introduction of measures to restrict import into the islands of excess packaging or non-returnable containers could help improve waste management. This would prevent the creation of waste and the serious social, environmental and economic problems it produces.

Although this measure might be in breach of the principle of the free movement of goods within the European Union, account must be taken, as it is in other cases (incentives for transport or supplies, for example) of the special nature of the island regions, particularly the outermost ones, which are remote from waste producing centres.

Will the Commission adopt a waste management strategy for islands which restricts the import of products with excess packaging and non-returnable containers, while also limiting their production in the islands?

Is it possible for the Spanish or Canary Island authorities to introduce rules restricting the import of goods with excess packaging or non-returnable containers?

Does the Commission believe that the specific nature of the island and outermost regions justifies the adoption of measures to restrict the import of these products into the islands, so as to prevent a serious environmental problem from occurring?

Answer given by Mrs Bjerregaard on behalf of the Commission (13 March 1998)

The Honourable Member refers to a waste management strategy for islands which restricts the production and the import of products with excess packaging and non-returnable containers. The Commission draws the attention of the Honourable Member to Directive 94/62/EC on packaging and packaging waste ((OJ L 365, 31.12.1994. )), which was to be transposed into national legislation by 1 July 1996. One of the main aims of this Directive is to prevent or reduce any impact of packaging and packaging waste on the environment. Therefore, in order to tackle the problems caused by the waste arising, national and local authorities should focus primarily on means to avoid the generation of waste. To this end, Member States shall ensure that preventive measures are implemented (Article 4 of the Directive). In addition, Member States may encourage re-use systems of packaging, which can be reused in an environmentally sound manner, in conformity with the EC Treaty (Article 5 of the Directive). The choice of the specific instruments to promote preventive measures and to encourage reuse systems lies with the Member States, provided they are in conformity with the EC Treaty.

A first possibility to limit the generation of packaging waste to be disposed of consists of the implementation of deposit-return systems. Such systems have been recognized by the Court of justice to be legitimate under Community law.

As regards mandatory measures on returnable packaging, they are in principle possible, although certain specifications of such systems might be in conflict with the principles of the free circulation of goods. Such measures must be non-discriminatory (thus apply to both domestically produced and imported products) and proportionate to the objective. The Commission assures the Honourable Member that, in assessing the proportionality of these measures (which are to be notified to the Commission under Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations ((OJ L 109, 26.4.1983. )) and Directive 94/62/EC1), it will take full account of the specific problems incurred by islands in managing their waste (including distance from the mainland, lack of space, risk of groundwater contamination, and dependence of the economy on tourism).

The Commission fully recognizes the great problems of waste generation in islands, particularly in highly touristic locations and for this reason has started a specific programme 'waste management on islands' and published a manual on 'codes of practice for waste management on islands'. The aim is to provide decision makers with a practical tool containing suggestions and relevant examples which can help setting the framework for the development of local or national initiatives.