WRITTEN QUESTION No. 2349/96 by Bernd LANGE to the Commission. Implementation of EU environment directives
Date: 1996-08-08
Institutions: European Parliament, LANGE
Subjects: Germany, application of EU law, directive (EU), environmental protection, national implementing measure, restriction on competition













EUR-Lex - 91996E2349 - EN






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91996E2349

WRITTEN QUESTION No. 2349/96 by Bernd LANGE to the Commission. Implementation of EU environment directives  


Official Journal C 011 , 13/01/1997 P. 0084 





WRITTEN QUESTION P-2349/96 by Bernd Lange (PSE) to the Commission (8 August 1996)Subject: Implementation of EU environment directivesIn the Federal Republic of Germany it is increasingly being claimed - especially by business organizations and farming associations - that German industry suffers competitive disadvantages because EU environment directives are implemented very promptly and fully in the Federal Republic.1. What is the Commission's view on the state of implementation of Community environment legislation in the Federal Republic compared with other Member States?2. What are its views on the distortion of competition if EU environment directives are implemented in one Member State much earlier than in another?3. Does it consider German industry suffers competitive disadvantages as a result of the late implementation of EU environment directives in other Member States?4. Can it quantify such competitive disadvantages?Answer given by Mrs Bjerregaard on behalf of the Commission (20 September 1996)1. The implementation of Community law in Member States is the subject of the annual report on monitoring the application of Community law. According to the last report ((COM(96) 600 final. )), in contrast to the assumption of the Honourable Member, Germany is not taking the lead in promptly implementing Community environmental legislation.2. It cannot be ruled out that in specific circumstances a Member State may have a competitive advantage in not implementing in due time a directive related to the environment. Therefore the Commission as guardian of the Treaty has to ensure that Community legislation is applied by Member States. In case a Member State does not fulfil its obligation to implement Community law in time the Commission may take action before the European Court of Justice which may confirm an infringement.However, it should be underlined in this context that differences in implementation are often due to the fact that directives related to the protection of the environment set up minimum standards. Member States then have the option to go beyond this level of protection. As far as directives are based on Article 130 s of the EC Treaty (environment) Member States may apply Article 130 t. This allows Member States under specific conditions to adopt stricter measures. These measures may also have an impact on competition.3/4. The Commission does not have pertinent information on this issue. Furthermore, in a view of what has been said above, the Commission does not assume that German industry suffers specific disadvantages due to late implementation of environmental directives by other Member States.