European Parliament resolution on implementation of Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) (2000/2112(INI))
Date: 2001-01-17
Institutions: Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: action for failure to fulfil an obligation, application of EU law, approximation of laws, chemical product, decontamination, waste disposal, waste management

18.9.2001

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Wednesday 17 January 2001

(e) within the scope of the Common Agricultural Policy:

(cid:25) incentives for farmers to undertake practices which benefit the environment within the agri-envir-

onment programme (Regulation (EC) No 1257/1999) (1),

(cid:25) payments to farmers using farm practices which are compatible with the protection of the envir-
onment within the scope of the Less Favoured Areas provisions (Regulation (EC) No 950/
1997) (2),

(cid:25) incentives for farmers to recreate forest habitats within the afforestation of farmland and forest

improvement (Regulation (EC) No 1257/1999),

(cid:25) environmental conditions may be attached to subsidies within the product support regimes;

Calls on the Commission to ensure effective implementation and enforcement of Community envir-
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onmental legislation in the context of all projects, irrespective of whether they require Community or
national subsidies in the Member States;

Calls on the European Investment Bank to prepare environmental impact assessment reports on

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projects in the applicant countries prior to their approval and to make these available to the public;

Calls on the Commission to publish an annual report on the effects of the Common Agricultural

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Policy on habitats and species throughout the European Union;

Instructs its President to forward this resolution to the Council and the Commission and to the

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governments and parliaments of the Member States.

(1) OJ L 160, 26.6.1999, p. 80.
(2) OJ L 142, 2.6.1997, p. 1.

4. PCBs/PCTs (procedure without debate)

A5-0379/2000

European Parliament resolution on implementation of Directive 96/59/EC on the disposal of poly-
chlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) (2000/2112(INI))

The European Parliament,

(cid:25) having regard to Council Directive 96/59/EC on the disposal of polychlorinated biphenyls and poly-

chlorinated terphenyls (PCB/PCT) (1),

(cid:25) having regard to Council Directive 76/403/EEC on the disposal of polychlorinated biphenyls and poly-
chlorinated terphenyls (2), which was the first approximation of laws and regulations of the Member
States,

(cid:25) having regard to the Commission proposal for a Council Directive on the disposal of polychlorinated
biphenyls and polychlorinated terphenyls (3), which was presented to take into account technical pro-
gress and to replace the first Directive approved in 1976,

(cid:25) having regard to the amended proposal for a Council Directive on the disposal of polychlorinated

biphenyls and polychlorinated terphenyls (PCB/PCT) (4), which modified the legal basis,

(1) OJ L 243, 24.9.1996, p. 31.
(2) OJ L 108, 26.4.1976, p. 41.
(3) OJ C 319, 12.12.1988, p. 57.
(4) OJ C 299, 20.11.1991, p. 9.

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(cid:25) having regard to Rule 47(2) and to Rule 163 of its Rules of Procedure,

(cid:25) having regard to the report of the Committee on the Environment, Public Health and Consumer Policy

(A5-0379/2000),

A. whereas there are still quantities of PCBs in store, but the size of these stocks is not exactly known;

whereas the Member States should notify the Commission of the size of the stocks,

Recommends that the immediate priority should be to implement the existing legislation rather than

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to redraft and reform the Directive;

Considers that Member States have largely failed to achieve the aim agreed in Directive 96/59/EC of

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reducing PCB pollution and preventing danger to public health and the environment;

Considers that, with the notable exception of Finland and Netherlands, the implementation of the

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Directive has been extremely unsatisfactory;

4.
Notes that recent events such as the dioxin in chickens crisis in Belgium have demonstrated the
devastating effects, both on health and on economic sectors, of contamination by a relatively small quan-
tity of PCB;

5.
Notes that reports have shown that the amount of PCB in equipment excluded from the scope of the
inventory required by Article 4 of Directive 96/59/EC, particularly quantities under 5 dm3, contribute sig-
nificantly to PCB pollution;

6.
Deplores the fact that many Member States have not yet completed the inventories of equipment
containing PCB required by Article 4 of Directive 96/59/EC; considers that the accuracy and completeness
of these inventories are essential to monitor and control the adequate disposal of PCB-containing equip-
ment, and thus to meet the aims of the Directive;

7.
Deplores the fact that the poor implementation of Directive 96/59/EC is mainly due to the failure to
draw up an inventory of existing PCBs particularly as such an inventory is an essential prerequisite of their
disposal; criticises the fact that no analysis foresaw these difficulties; notes that, for the purposes of imple-
menting this Directive, some Member States have resorted to financial incentives to encourage the declara-
tion of PCBs by economic operators and hence the drawing up of inventories; accordingly asks the Com-
mission to carry out an urgent revision of Directive 96/59/EC and in so doing to make provision for the
use of such incentives, particularly for SMEs;

Calls on the Member States to notify the Commission of the size of the stocks of PCBs, and to make

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this information public;

Calls on the Member States to carry out proper inspections in order to complement and improve the

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existing notification systems;

10.
Calls on the Member States to develop collection systems and disposal outlines, if necessary with
appropriate incentives, for equipment containing PCBs but not subject to the inventories referred to in
Article 4 of Directive 96/59/EC; considers that for electrical equipment, this question could be addressed
within the framework of the electronic waste directive;

Considers that the Commission has been slow to censure Member States for non-compliance and
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that it should put in place better monitoring procedures and ensure that Member States promptly provide
all information required by the Directive in a format that allows direct comparisons and quantitative jud-
gements to be made;

Considers that the Commission should set a clear deadline for the full implementation of the Direc-

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tive and also for a review with the aim of developing existing measures;

Considers that the Commission should consider imposing financial penalties on Member States for

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non-compliance;

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Calls on the Commission to develop and promote exchanges of information between Member States
so as to facilitate the compilation of the inventories referred to in Article 4 of Directive 96/59/EC and the
development of solutions for the collection and disposal of PCB-containing equipment falling outside the
scope of the inventory required by Article 11 of Directive 96/59/EC;

Considers that the Commission should submit without any further delay a proposal to amend

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Directive 75/439/EEC on the disposal of waste oils;

Considers that the Commission should invite Member States to introduce financial incentives in

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particular for individuals and SMEs to dispose of stocks of PCBs or equipment containing PCBs;

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Considers that the implementation of the PCB directive and the elimination of PCBs should be a test
case for how the Union can develop efficient policies to tackle other highly toxic substances more effec-
tively;

Instructs its President to forward this resolution to the Commission and Council and to the govern-

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ments and parliaments of the Member States.

5. Financial support to Guinea-Bissau in the fisheries sector *

A5-0367/2000

Draft Council decision setting the terms for financial support to Guinea-Bissau in the fisheries
sector (8263/2000 2 C5-0361/2000 2 1998/0355(CNS))

The draft was amended as follows:

COUNCIL
DRAFT

AMENDMENTS
BY PARLIAMENT

(Amendment 1)
Sole article, introduction

The terms for granting financial support to Guinea-Bissau up
to a maximum of € 6 500 000 for a maximum period of one
year, for the restoration of facilities supporting fishing activities,
shall be as follows:

The terms for granting financial support to Guinea-Bissau up
to a maximum of € 6 500 000 for the restoration of facilities
supporting fishing activities, shall be as follows:

(Amendment 2)
Sole article (b)

(b) on the basis of the presentation of a programme of activ-
ities by the Government of Guinea-Bissau, the Commission
shall make available to the Government of Guinea-Bissau,
through the bank accounts notified by the Ministry of
Fishing, an amount corresponding to 50 % of the cost of
the planned activities.

(b) on the basis of the presentation of a programme of activ-
ities by the Government of Guinea-Bissau, the Commission
shall make available to the Government of Guinea-Bissau,
through the bank accounts notified by the Ministry of
Fishing, before 31 May 2001, an amount corresponding
to 50 % of the cost of the planned activities.

(Amendment 3)
Sole article (c)

(c) The Commission will pay the balance of the funds, after
acceptance of a detailed report which the Government of
Guinea-Bissau shall send to the European Commission

(c) The Commission will pay the balance of the funds, after
acceptance of a detailed report which the Government of
Guinea-Bissau shall send to the European Commission