WRITTEN QUESTION No. 1662/98 by Alexandros ALAVANOS to the Commission. Proceedings against Greece for non-compliance in the prefecture of Chania with directives concerning waste disposal
Date: 1998-05-29
Institutions: ALAVANOS, European Parliament
Subjects: EC Directive, Greece, dangerous substance, environmental protection, infringement of EU law, public health, waste disposal, waste management

22.2.1999

EN

Official Journal of the European Communities

C 50/67

What is the Commission(cid:146)s opinion on the compatibility of this legislation with the rules on competition?

Does it consider that this legislation is compatible with the Single Market?

Answer given by Mr Monti on behalf of the Commission

(20 July 1998)

The Decree of 18 January 1998 established a new system of licences to open shops in Italy. It replaces Italian Law
No 426 of 11 June 1971, which was the subject of the Court of Justice judgment delivered on 17 October 1995 in
connection with the reference for a preliminary ruling in Dip/Lidl (Cases C-140/94, C-141/94 and C-142/94). The
Court ruled that the competition and single-market rules did not apply to Italian legislation in this instance.

The Decree, which introduces a more liberal system for opening shops than the previous legislation, contains no
new elements which might alter the analysis of Community law given by the Court in the above-mentioned
judgment. Consequently, the fact that some applications to open shops must be resubmitted falls within the scope
of the domestic rules of the Member State concerned.

(1999/C 50/096)

WRITTEN QUESTION E-1662/98

by Alexandros Alavanos (GUE/NGL) to the Commission

(29 May 1998)

Subject: Proceedings against Greece for non-compliance in the prefecture of Chania with directives concerning

waste disposal

Pursuant to Article 171 of the Treaty, the Commission has asked the Court of Justice to fine the Hellenic Republic
ECU 24 600 per day for failure to comply with its obligations under Directives 75/442/EEC (1) and 78/319/
EEC (2) concerning the disposal of solid toxic wastes in the Chania area.

Is the Commission aware of any proposals or measures formulated by the Greek authorities with a view to
complying with the above directives, particularly as regards the disposal of solid toxic wastes in the Chania area?

(1) OJ L 194, 25.7.1975, p. 39.
(2) OJ L 84, 31.3.1978, p. 43.

Answer given by Mrs Bjerregaard on behalf of the Commission

(23 July 1998)

In its judgement of 7 April 1992, the Court of Justice held that by failing to take the necessary measures to ensure
that, in the Chania district, waste and toxic and dangerous waste is disposed of without endangering human health
and without harming the environment, and by failing to draw up for that district plans or programmes for the
disposal of waste and toxic and dangerous waste, Greece had failed to fulfil its obligations under Articles 4 and 6
of Council Directive 75/442/EEC of 15 July 1975 on waste and Articles 6 and 12 of Council Directive 78/319/
EEC of 20 March 1978 on toxic and dangerous waste.

The Commission, noting that Greece had still not taken the necessary measures to comply with the Court(cid:146)s
judgment, instituted further proceedings before the Court on 17 November 1997, on the basis of Article 171 of the
EC Treaty. The case is now pending before the Court of Justice. By letter of 10 March 1998, the Greek authorities
sent the Commission a study which they had carried out with a view to drawing up waste management plans for
the Chania region. The Commission is now examining the Greek notification.