WRITTEN QUESTION No. 2308/98 by Nikitas KAKLAMANIS to the Commission. Transposition of the Community Directive on the incinceration of waste
Date: 1998-07-22
Institutions: European Parliament, KAKLAMANIS
Subjects: EC Directive, Greece, air quality, dangerous substance, environmental protection, national implementing measure, public health, waste incineration

29.4.1999

EN

Official Journal of the European Communities

C 118/57

(1999/C 118/068)

WRITTEN QUESTION E-2308/98

by Nikitas Kaklamanis (UPE) to the Commission

(22 July 1998)

Subject: Transposition of the Community Directive on the incinceration of waste

Has Greece transposed into its national legislation the Community Directive on the incineration of waste, a
matter directly affecting the protection of both the environment and of public health? If not, what action
does the Commission intend to take, and what might be the financial penalties imposed on Greece for this
failure?

Answer given by Mrs Bjerregaard on behalf of the Commission

(30 September 1998)

Article 18(1) of Council Directive 94/67/EC of 16 December 1994 on the incineration of hazardous
waste (1) requires Member States to bring into force the laws, regulations and administrative provisions
necessary to comply with the Directive before 31 December 1996 and to inform the Commission thereof
forthwith.

Not having received any national implementing measures transposing the Directive into Greek law, the
Commission sent the Greek authorities a letter of formal notice and a reasoned opinion on 19 February
1998. The Greek authorities did not reply. On 24 June 1998 the Commission decided to bring the matter
before the Court of Justice in accordance with Article 169 of the EC Treaty.

It now falls to the Court of Justice to recognise that the Member State has failed to fulfil its obligations.
Article 171 of the EC Treaty requires the Member State to take the necessary measures to comply with the
Court(cid:146)s judgment, failing which the Commission may bring the case before the Court and propose the
amount of the penalty to be paid by the Member State, which the Court alone has the power to establish in
its judgment (2). In its communication of 28 February 1997, the Commission established the method of
calculating the penalty payment provided for in Article 171 of the Treaty (3).

(1) OJ L 365, 31.12.1994.
(2) Memorandum on applying Article 171 of the EC Treaty, OJ C 242, 21.8.1996.
(3)

97/C 63/02, OJ L 63, 28.2.1997.

(1999/C 118/069)

WRITTEN QUESTION E-2310/98

by Nikitas Kaklamanis (UPE) to the Commission

Subject: Waste management programmes in Greece

(22 July 1998)

Has Greece complied with Community requirements for waste management programmes? If not, what
action does the Commission intend to take and what might be the probable financial penalties for Greece
of such non-compliance, as this is a problem directly affecting the health of its population and the effective
protection of its natural environment?

Answer given by Mrs Bjerregaard on behalf of the Commission

(22 October 1998)

Directive 75/442/EEC on waste (1), as amended by Directive 91/156/EEC (2), requires national authorities
to draw up waste management plans (Article 7). These must relate to the type, quantity and origin of waste
to be recovered or disposed of, general technical requirements, any special arrangements for particular
wastes and suitable disposal sites or installations.