WRITTEN QUESTION E-0934/00

by Elisabeth Schroedter (Verts/ALE) to the Commission

(29 March 2000)

Subject: Commission's responsibility for monitoring the cross-border shipment of large quantities of hazardous waste from Hungary into EU Member States

In its answer of 11 January 2000 to my question about the shipment of 14 000 tonnes of waste containing PCBs (E-2824/99)(1) the Commission said that Article 4 of Regulation 259/93(2) implements the Basle Convention in so far as it weighs up the objective of proximity in waste disposal against the need to dispose of waste in an environmentally acceptable manner.

It has now been revealed that some of this waste has been brought to Saxony-Anhalt (Germany), and has thus been transported through Austria and/or the Czech Republic.

In the light of the above:

1. How can the Commission judge in this case the rightness of the decision that, on balance, the principle of proximity should not prevail and that such long transport routes were thus acceptable, if it has no information about opportunities of environmentally friendly disposal of the waste at a nearer destination?

2. What responsibility does the Commission consider is imposed upon it by its role of monitoring the proper implementation of Regulation 259/93 in the Member States?

3. Does the Commission consider that, in a case where doubts might exist as to whether the regulation has been complied with, it should obtain all the necessary information from the authorities responsible in the Member States for authorising the cross-border shipment of hazardous waste, so as to check that the regulation is correctly implemented?

(a) If so, will it carry out such checks in the case of PCB waste from Gare (Hungary), and has it already taken steps in that direction?

(b) If not, why does it not consider such checks necessary?

4. Has the Commission yet received further information about the Gare case?

(a) If so, what?

(b) If not, why has it not yet received the information which it said in its reply to Question E-2824/99 that it was still awaiting?

(1) OJ C 280 E, 3.10.2000, p. 139.

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

Answer given by Mrs Wallström on behalf of the Commission

(15 May 2000)

As outlined in the answer to the the Honourable Member's Written Question E-2824/99(1), the Commission as such does not exercise any direct control functions with regard to specific waste shipments under Council Regulation (EEC) 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the Community. The supervision and control procedures established by the Regulation and directly applicable in the Member States, are applied by the authorities designated by the Member States according to Article 36 of the Regulation. It is up to them to request Hungary to provide the information required by Article 19 (3) of the Regulation and, more generally, to determine on the basis of the facts of a specific case in question, whether to authorise a given waste shipment or not.

The Commission notes the information provided by the Honourable Member, that the waste shipment in question was apparently shipped to Germany for final disposal. It has so far not had any indications, that in authorising the shipment the German authorities would have acted in violation of Community legislation, and, more specifically, in breach of Council Regulation (EEC) 259/93.

The Commission will request the German authorities for further information, following which it will determine whether further action on its part is necessary.

(1) OJ C 280 E, 3.10.2000, p. 139.