WRITTEN QUESTION E-2468/98

by Hiltrud Breyer (V) to the Commission

(30 July 1998)

Subject: Continued imports of Italian waste for disposal in Biebesheim in Germany

Since 1997 the authorities in Darmstadt have, on a number of occasions, granted the Italian firm 3 R Servizi S.p.A. authorization, pursuant to Articles 4 (2)(a) and 5(1) of the Regulation on shipments of waste (EEC) 259/93(1) to ship Italian waste for disposal at the special waste incineration facility in Biebesheim. The waste is imported by the firm Hessische Industriemüll GmbH (HIM).

Up to 24 June 1998 authorization had been granted to import shipments of at least 7 000 tonnes of waste from Italy for disposal in Germany. 3 R Servizi S.p.A. has announced its intention of submitting further applications. The competent Land authorities feel unable, on grounds of European law, to forbid these waste imports.

Is the competent authority of the State of destination entitled to object on the grounds of self-sufficiency, pursuant to Article 4(3)(b)(i) of the Regulation, only if the relevant waste disposal facility is being used to capacity or if it is required for the disposal of waste in that State? To what extent is this objection possible if, even though the plant is not being used to capacity with local waste, the authority wants to restrict waste tourism in accordance with Article 5 of Directive 75/442/EEC(2) on waste or to reduce local pollution of the environment?

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

(2) OJ L 194, 25.7.1975, p. 39.

Joint answer

to Written Questions P-2385/98, E-2465/98, E-2466/98, E-2467/98 and E-2468/98 given by Mrs Bjerregaard on behalf of the Commission

(23 September 1998)

The Commission assumes that the shipment of waste in question is a shipment of hazardous wastes for disposal. Such shipments are covered by Council Regulation (EEC) 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community, of which Article 4(3a.i) stipulates: "Member States may take measures in accordance with the Treaty to prohibit generally or partially or to object systematically to shipments of waste". This provision thus offers a possibility to Member States to generally and systematically object to shipments for disposal; however, it in no way imposes any obligation on them to object to shipments for disposal. Article 130t of the EC Treaty is not of relevance here, since more than a total ban is not imaginable.

The objection against shipments may not be in contradiction to the general provisions of the Treaty; however, the indication that other installations are more adequate does not appear to contradict with these general provisions. A shipment may also be objected to in order to reduce the transport risk. Furthermore, it is not a precondition for the objection to a shipment that the waste management plan which was set up, expressly excludes the disposal of waste from other Member States.

How a Member State organizes itself in its internal waste management structure does not fall under the scope of Community law. Therefore, the relationship between two authorities inside a Member State is to be decided according to the national law of that Member State.