WRITTEN QUESTION No. 2468/98 by Hiltrud BREYER to the Commission. Continued imports of Italian waste for disposal in Biebesheim in Germany
Date: 1998-07-30
Institutions: BREYER, European Parliament
Subjects: Germany, Italy, competence of the Member States, dangerous substance, environmental monitoring, export of waste, public health, waste disposal, waste incineration, waste management

C 118/66

Official Journal of the European Communities

EN

29.4.1999

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 it permissible under European law for the Land of Hessen or the competent authority of destination to
prohibit an import of waste from another Member State by invoking the principle of proximity if a waste
disposal plant is available closer to the importer guaranteeing at least the same level of protection of health
and the environment? Which takes precedence: the principle of self-sufficiency in waste disposal or the
principle of proximity? Is the competent authority of destination entitled to turn down applications for
shipments of waste for disposal on the grounds of reducing the transport risk?

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

(1999/C 118/081)

WRITTEN QUESTION E-2467/98

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 Industriem(cid:252)ll 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 it permissible, under the Regulation, for the competent authority of the State of destination to exclude in
its entirety from its waste management plan the disposal of waste generated in other Member States,
provided this is in conformity with Articles 5 and 7 of Directive 75/442/EEC? Can the competent authority
of destination object, pursuant to Article 4(3)(b)(iii) of the Regulation, if the regional waste management
plan does not permit the import of waste from other countries?

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

(1999/C 118/082)

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 Industriem(cid:252)ll 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.