WRITTEN QUESTION P-3556/02

by Dorette Corbey (PSE) to the Commission

(5 December 2002)

Subject: Environmental agreements

The Commission recently published a communication on the subject of environmental agreements(1). The Commission acknowledges the contribution of environmental agreements to the realisation of environmental policy objectives.

The Netherlands has some experience of environmental agreements. A successful example is the Packaging Agreement. As a result of this agreement, and with the help of a proactive stance by business, the Netherlands is well on the way to fulfilling the objectives of the European packaging directive (94/62/EC)(2) rapidly and in a cost-effective manner. Despite the proven success of the packaging agreement, the Commission has decided to bring an action against the Netherlands in the Court of Justice for improper implementation of the packaging directive.

Does the Commission consider it contradictory to be promoting the conclusion of voluntary agreements at European level while putting obstacles in their way at national level? If so, what action does the Commission intend to take to eliminate this contradiction?

Does the Commission share my opinion that it must give priority in its task of ensuring that European legislation is correctly implemented to cases in which the objectives of the legislation in question are not being fulfilled?

(1) Commission Communication, Environmental Agreements at Community Level Within the Framework of the Action Plan on the Simplification and Improvement of the Regulatory Environment (COM(2002) 412 fin. of 17 July 2002.

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

Answer given by Mrs Wallström on behalf of the Commission

(27 January 2003)

The Commission would like to inform the Honourable Member that the environmental agreement on packaging concluded between the Dutch authorities and the private sector that the Commission has on record has expired. In addition, the measures communicated by the Netherlands to the Commission regarding the transposition of Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste(1) do not provide for the formal setting up of collection, recycling and recovery systems for this waste stream as required by its Article 7(1).

There is no contradiction between the fact that legal action is taken against the Netherlands and the content of the recent Communication from the Commission on Environmental Agreements at Community Level within the Framework of the Action Plan on the Simplification and Improvement of the Regulatory Environment(2). The Communication sets out the criteria and modalities for the acknowledgement of such agreements at Community level. It does not promote the use of this instrument as a means to fulfil legal obligations, neither at Community nor at Member State level. Furthermore, Directive 94/62/EC was adopted prior to the Communication and the latter does not modify or substitute the existing obligations under this Directive. The Commission would like to point out, however, that it does not exclude that the attainment of the objectives of Directive 94/62/EC may involve voluntary agreements.

As regards the implementation of Community legislation by the Member States, the Commission attaches great importance to the attainment by the Member States of the objectives set by Community legislation. However, the Commission would like to refer the Honourable Member to case law of the Court of Justice in this respect(3). The Court has ruled that a Directive must be implemented in the national legal order by means of provisions which are capable of creating a situation which is sufficiently precise, clear and open to permit individuals to be aware of and enforce their rights. The fact that a practice is consistent with the protection afforded under a Directive does not justify failure to implement that Directive in such a way. In order to secure full implementation of Directives in law and not only in fact, Member States must establish a specific legal framework in the area in question.

(1) OJ L 365, 31.12.1994.

(2) COM(2002) 412 final.

(3) See Case C-131/88 Commission v Germany [1991] ECR I-825, at paragraph 8 of the judgement.