WRITTEN QUESTION E-2401/00 by Monica Frassoni (Verts/ALE) to the Commission. Transposal of the Community Directive on waste in Italy.
Date: 2000-07-18
Institutions: European Parliament, Provisional data
Subjects: Italy, application of EU law, waste management

3.4.2001

EN

Official Journal of the European Communities

C 103 E/145

Will the Commission send an official to Ginostra to report on the serious problems faced by the island(cid:146)s
inhabitants with regard to the transport and distribution of food?

(1) OJ L 175, 19.7.1993, p. 1.
(2) OJ L 21, 27.1.1996, p. 42.

Answer given by Mr Byrne on behalf of the Commission

(29 September 2000)

The Commission appreciates that the transport of food to regions suffering from special geographical
constraints or affected by supply difficulties presents particular challenges. It is however very difficult to
know from the question posed by the honourable Member what element contained in Community
legislation is difficult to implement when transporting goods to the isle of Ginostra. The Commission
believes that the present legislation, as contained in Council Directive 93/43/EEC of 14 June 1993, on the
hygiene of foodstuffs, is of a very general nature and its implementation should therefore be generally
applicable. Commission Directive 96/3/Euratom, ECSC, EC of 26 January 1996 granting a derogation from
certain provisions of Council Directive 93/43/EEC on the hygiene of foodstuffs as regards the transport of
bulk liquid oils and fats by sea, covers the very particular situation of bulk transport of oils and fats in
containers that are also used for the transport of other goods. It would be useful for the Commission to
receive more precise information on what point these Community rules pose particular problems.

The Commission is very much concerned about the difficulties and constraints linked to the geographical
situation of certain areas and although it is believed that the present Community food hygiene legislation is
adequate, it is impossible to foresee every situation in Community legislation. Proposals have therefore
been prepared to leave, as a matter of subsidiarity, more room to the Member States to evaluate on the
spot the situation of areas with particular geographical constraints, and to adapt the rules where necessary
so as to fit the particular situation. This flexibility must in no way compromise food safety.

In view of the above, it does not seem necessary to send, as suggested by the Honourable Member, a
Commission expert on the spot.

(2001/C 103 E/162)

WRITTEN QUESTION E-2401/00

by Monica Frassoni (Verts/ALE) to the Commission

(18 July 2000)

Subject: Transposal of the Community Directive on waste in Italy

The Italian Parliament is currently discussing a bill amending decree 27/97 concerning waste. This draft
law includes rules interpreting the concept of (cid:145)disposal(cid:146) laid down in the Community definition of waste
included in Directive 75/442/EEC (1).

1.

2.

Is the Commission aware of this bill?

Is there any requirement for the Italian Parliament to notify the Commission of this bill?

3.
Given that Community law prohibits a Member States from adopting internal rules laying down
criteria for the interpretation for a directive, what measures will it take to ensure uniform application of
Directive 75/442/EEC throughout Community territory?

(1) OJ L 194, 25.7.1975, p. 39.

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).