WRITTEN QUESTION No. 2466/98 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

29.4.1999

EN

Official Journal of the European Communities

C 118/65

As of 24 June 1998, authorization had been granted for the shipment of at least 7 000 tonnes of waste from
Italy for disposal in Germany. Further applications for authorization by 3 R Servizi S.p.A have been
notified. The competent authorities of the relevant Land consider that, under Community law, they are
unable to prevent these imports.

Under the Land of Hesse(cid:146)s legislation on waste, in order to dispose of this Italian waste HIM requires
official exemption from the provisions of the Land(cid:146)s refuse management plan. Recently, however, the
requirement to obtain such exemption has been dropped, as the authorizing authority considers that it is
incompatible with Community law.

Does the requirement to obtain authorization for the shipment of waste for disposal pursuant to Articles
4(2)(a) and 5 (1) of the Regulation on waste shipments affect the right of the Member State of destination
to require the consignee of the waste to obtain exemption from the provisions of the waste management
plan? If so, how?

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

(1999/C 118/079)

WRITTEN QUESTION E-2465/98

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.

Under Article 4(3)(a)(i) of the Regulation on shipments of waste, (cid:145)Member States may take measures in
accordance with the Treaty to prohibit generally or partially or to object systematically to shipments of
waste(cid:146). Does this clause also permit the imposing of a general ban on shipments of waste for disposal? If
so, what conditions are imposed?

In this connection, what significance can be attached to the fact that the Regulation is based on Article
130s of the EC Treaty and the Member States are therefore empowered, pursuant to Article 130t of the
Treaty, to take more stringent protective measures?

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

(1999/C 118/080)

WRITTEN QUESTION E-2466/98

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).