WRITTEN QUESTION E-1361/00

by Ria Oomen-Ruijten (PPE-DE) to the Commission

(4 May 2000)

Subject: Waste incineration in another Member State

The Netherlands province of Limburg does not have its own waste incineration facility. Waste from Limburg is currently being transported large distances

for processing elsewhere in the Netherlands. At present Dutch rules impose tight restrictions on the cross-border incineration of waste (in this case the incineration of industrial waste from Limburg in Eschweiler-Weisweiler in Germany). Exporting waste with a view to re-use is permitted, provided the degree to which it is re-used is equivalent to, or greater than, the degree in the Netherlands.

Is the Commission aware of the study of the legal aspects of cross-border waste processing which has been carried out by the University of Maastricht on behalf of the Chamber of Commerce of the Southern Netherlands?

If so, what is the Commission's response to the conclusions of this study?

Can the Commission indicate how Dutch policy on restrictions on imports and exports of waste intended for removal or for processing relates to the European regulation on the supervision and control of shipments of waste within, into and out of the European Community (Regulation (EEC) No 259/93(1)), in the light of decisions of the European Court of Justice (for examples cases C-2/90 and C-203/96)?

(1) OJ L 30, 6.2.1993, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(9 June 2000)

Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the Community makes a distinction between shipments of wastes for recovery and shipments of wastes for disposal. The Commission considers incineration with energy recovery a recovery operation (R1) pursuant to Annex II B of Council Directive 75/442/EEC of 15 July 1975 on waste(1), as amended. Incineration without energy recovery is considered a disposal operation (D10) pursuant to Annex II A of the same Directive. As regards shipments of wastes for disposal, Article 4(3)(a)(i) of Regulation (EEC) No 259/93 allows Member States to prohibit generally or partially or to object systematically to shipments of waste in order to implement the principles of proximity, priority for recovery and self-sufficiency. In the absence of such general rules, Member States may object to shipments of waste for disposal in individual cases on the basis of the objections outlined in Article 4(3)(b). Insofar as waste shipments for recovery within the Community are concerned, Member States may object to such shipment on a case-by-case basis only, and only on the limited grounds for objections enumerated in Article 7 (4) of Regulation (EEC) No 259/93.

The Commission has received several complaints concerning the implementation of Regulation (EEC) No 259/93 by the Dutch authorities. These are the subject of infringement proceedings against the Netherlands and the Commission is currently assessing the Dutch reply to its letter of formal notice. The Commission is aware of the study mentioned by the Honourable Member. It is under examination in the context of the infringement proceedings.

(1) OJ L 194, 25.7.1975.