WRITTEN QUESTION P-2405/00 by Diana Wallis (ELDR) to the Council. Draft common position on Copyright Directive (COM(97) 628).
Date: 2000-07-11
Institutions: European Parliament, Provisional data
Subjects: common position, copyright

C 103 E/146

Official Journal of the European Communities

EN

3.4.2001

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(14 September 2000)

The Commission was informed about the draft law in question by the Italian representatives in the
committee set up by Article 18 of Directive 75/442/EEC on waste, during the meeting of this committee
on 16 June 2000.

Article 20 of Directive 75/442/EEC establishes that Member States shall communicate to the Commission
law which they adopt in the field covered by this directive.
the texts of the provisions of national
Therefore, based on this directive, there is no obligation to notify draft laws. However, such an obligation
may exist if the draft law contains technical specifications falling under the scope of Directive 98/34/EC of
the Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of
information in the field of technical standards and regulations (1).

The Commission is responsible for ensuring that Community law is properly applied. On the basis of
Article 211 (ex-Article 155) of the EC Treaty, (cid:145)in order to ensure the proper functioning and development
of the common market, the Commission shall ensure that the provisions of this Treaty and the measures
taken by the institutions pursuant thereto are applied(cid:146). On the basis of Article 226 (ex-Article 169) of the
EC Treaty (cid:145)if the Commission considers that a Member State has failed to fulfil an obligation under this
Treaty, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity
to submit its observations. If the State concerned does not comply with the opinion within the period laid
down by the Commission, the latter may bring the matter before the Court of Justice.(cid:146)

The interpretation of Community law is ensured by the Court of Justice. Should the Commission be of the
opinion that the interpretation of Community law in a Member State does not conform to its content, it
might make use of the possibilities which are available under Article 226 of the EC Treaty.

(1) OJ L 204, 21.7.1998.

(2001/C 103 E/163)

WRITTEN QUESTION P-2404/00

by Sylvia-Yvonne Kaufmann (GUE/NGL) to the Council

Subject: Death of refugees at the EU(cid:146)s external borders

(11 July 2000)

In 1999 and the first six months of the year 2000, how many refugees were found dead at the EU(cid:146)s
external borders and how many were found injured? (Please break down by month, refugees(cid:146) origin, place
where found (country, region), type of injury).

Reply

(7 November 2000)

The Council does not have the information sought by the Honourable Member.

(2001/C 103 E/164)

WRITTEN QUESTION P-2405/00

by Diana Wallis (ELDR) to the Council

(11 July 2000)

Subject: Draft common position on Copyright Directive (COM(97) 628)

The draft Common Position on the Copyright Directive (COM(97) 628) (1) contains a Commission and
Council Declaration on Recital 23 which is technology specific, referring only to (cid:145)proxy caching(cid:146).

3.4.2001

EN

Official Journal of the European Communities

C 103 E/147

By (cid:145)proxy caching(cid:146), does the Council mean network caching in general, or are the Council and the
Commission deliberately excluding all other forms of caching from the scope of the Declaration?

If it is the intention of the Declaration to refer to network caching in general, can the Council ensure that
the Common Position text reflects this?

(1) OJ C 108, 7.4.1998, p. 6.

Reply

(10 November 2000)

The Council has not yet adopted its common position concerning the Directive of
the European
Parliament and of the Council on the harmonisation of certain aspects of copyright and related rights in
the information society, to which the question refers. Consequently, the Council cannot comment at this
stage on any statements which it might decide to enter in the minutes of the meeting at which it will
adopt its common position.

(2001/C 103 E/165)

WRITTEN QUESTION E-2413/00

by Laura GonzÆlez `lvarez (GUE/NGL) to the Commission

Subject: Landfill for waste from the city of Logroæo (Spain)

(18 July 2000)

Some years ago, the landfill for waste from the city of Logroæo was redesigned using European funds. This
landfill is currently a source of leachates, which are contaminating the waters of the Ebro aquifer.

Is the Commission aware of this situation? What measures can it take so as to be able to assess whether
the competent authorities are fulfilling their obligations in this case and ascertain whether Directive 75/
442/EEC (1) on waste, as amended by Directive 91/156/EEC (2), is being enforced correctly?

(1) OJ L 194, 25.7.1975, p. 39.
(2) OJ L 78, 26.3.1991, p. 32.

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(14 September 2000)

The Commission is unaware of the facts mentioned by the Honourable Member with regard to the
possible pollution of the waters of the Ebro aquifer caused by the landfill for waste from the city of
Logroæo.

Waste treatment is currently regulated by Council Directive 75/442/EEC of 15 July 1975 on waste (1), as
amended by Council Directive 91/156/EEC of 18 March 1991 (2).

Article 4 of the aforementioned Directive says that Member States shall take the necessary measures to
ensure that waste is disposed of without endangering human health and without harming the environ-
ment, and in particular without risk to water, air, soil and plants and animals, without causing a nuisance
through noise or odours, and without adversely affecting the countryside or places of special interest.