WRITTEN QUESTION P-1557/02

by Eija-Riitta Korhola (PPE-DE) to the Commission

(31 May 2002)

Subject: Exploitation of slag from the steel industry

The Northern Finland environmental permit issuing authority is complying with the EU's waste directive by classifying slag produced as a side-product by the steel industry under the heading of waste. This non-hazardous product, which may basically be regarded as environmentally friendly or indeed as a fertiliser, is used as a foundation material in road-building and also in the foundations of buildings. Classifying it as waste does not help its exploitation in any way, and makes it more difficult in many respects.

The EU's hierarchy of waste starts from the premise that the avoidance of waste should be promoted; now the waste directive is being interpreted in such a way that its end result is the opposite.

Does the Commission consider that the directive is being interpreted in Finland correctly and in accordance with sustainable development?

Does the Commission consider that it should change its practice when issuing its guidelines to local authorities, or should make these guidelines more precise, so that natural side-branches of industry can be exploited for the purpose of avoiding the occurrence of waste and making its exploitation more efficient?

Answer given by Mrs Wallström on behalf of the Commission

(26 June 2002)

Council Directive 75/442/EEC of 15 July 1975 on waste(1) as amended, aims to protect human health and environment against harmful effects caused by the collection, transport, treatment, storage and tipping of waste. The definition of waste is fixed in Article 1(a) of the directive: waste shall mean any substance or object in the categories set out in Annex I which the holder discards or intends or is required to discard.

Slag generated as a production residue from the steel industry is waste for the purposes of Directive 75/442/EEC. According to the jurisprudence of the European Court of Justice, certain circumstances may constitute evidence that the holder has discarded the substance or intends to do so. That will be the case, in particular, where the substance used is a production residue, that is to say a product not in itself sought for a subsequent use(2). In addition, Annex I of the Directive specifically includes the following category of waste: Q8 Residues of industrial processes (e.g. slags, still bottoms, etc.). Moreover, unprocessed slag from the iron and steel industry is included as an entry in the consolidated lists of wastes at Community level(3) as well as in the green list of waste annexed to the Waste Shipment Regulation (EEC) No 259/93(4). The Commission has therefore no reason to consider from the information supplied by the Honourable Member that the Directive is being interpreted incorrectly or not in accordance with the principle of sustainable development in Finland.

Article 3 of Directive 75/442/EEC requires that Member States take appropriate measures to encourage firstly the prevention or reduction of waste production and its harmfulness, and secondly the recovery of waste by means of recycling, re-use or reclamation or any other process with a view to extracting secondary raw materials or the use of waste as a source of energy.

The classification of slag from the steel industry as waste does not prevent this material to be managed in the more sustainable way. The principal goal of the Community waste legislation is to ensure that all substances and objects that are discarded, intended or required to be discarded, are recovered or disposed of without endangering human health or using processes that could harm the environment(5). In this context, as recognised by the Court of Justice, notwithstanding that a particular waste may not pose any threat to health and the environment by virtue of its composition, the way that it is managed may well represent a potential source of harm to, and pollution of, the environment(6).

In order to encourage the sustainable management of waste, such as those referred to by the Honourable Member, Member States have the possibility in Article 11(b) of the Directive to exempt establishments or undertakings that carry out waste recovery operations from permitting requirements, subject to certain conditions, requiring them simply to be registered with the competent authorities. This provision thus gives Member States means of facilitating the recovery of waste materials by reducing the administrative requirements to the minimum level compatible with the Directive's environmental protection objectives. Furthermore, the green list entry of steel industry slag in the Waste Shipment Regulation (EEC) No 259/93 means that minimal controls are required at Community level with respect to the transboundary movement of this waste. Therefore, the Commission does not see any reason

to change the current position at Community level with regard to the aspects of waste avoidance and exploitation of waste, both of which are duly promoted and facilitated under the terms of Community environmental legislation.

(1) OJ L 194, 25.7.1975, as amended by Council Directive 91/156/EEC of 18 March 1991 (OJ L 78, 26.3.1991) and Commission Decision 96/350/EC (OJ L 135, 6.6.1996).

(2) See Cases C-418/97 and 419/97 ARCO Chemie Nederland Ltd [2000] ECR I-4475 (especially paragraphs 83-88 of judgment) and Case C-9/00 Palin Granit Oy, judgment of 18.4.2002 (not yet reported) at paragraph 32 of judgment.

(3) Entry 10 02 02 unprocessed slag of Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/404/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EC on hazardous waste (OJ L 226, 6.9.2000) as amended by Commission Decision 2001/118/EC (OJ L 47, 16.2.2001), Commission Decision 2001/119/EC (OJ L 47, 16.2.2001) and Council Decision 2001/573/EC (OJ L 203, 28.7.2001).

(4) Entry GC 070 ex 261900 Slags arising from the manufacture of iron and carbon steel (including low alloy steel) excluding those slags which have been specifically produced to meet both national and relevant international requirements and standards (this entry covers the use of such slags as a source of titanium dioxide and vanadium) in Annex II of 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 European Community (OJ L 30, 6.2.1993).

(5) See in particular Articles 4 and 8 of Directive 75/442/EEC.

(6) Case C-9/00 Palin Granit Oy, supra. at paragraphs 47-49 of judgment.