WRITTEN QUESTION P-0409/01 by Robert Sturdy (PPE-DE) to the Commission. Approval of state aid to combat classical swine fever.
Date: 2001-02-08
Institutions: European Parliament, Provisional data
Subjects: State aid, United Kingdom, aid to agriculture, animal plague, farmer

C 235 E/200

Official Journal of the European Communities

EN

21.8.2001

(2001/C 235 E/234)

WRITTEN QUESTION E-0406/01

by Camilo Nogueira RomÆn (Verts/ALE) to the Commission

Subject: Environmental impact of opencast slate mining

(15 February 2001)

In the municipalities of Valdeorras (Ourense/Orense, Galicia) and A Cabreira (Le(cid:243)n), opencast slate mining
is practised on a scale that has a major impact in both production and marketing terms. This mining
amounts to what can only be called an ecological crime, since the waste is discharged directly on to the
mountainside, with no attempt whatever at ecological recovery. In the municipality of Carballeda, the
existence of the waste could lead to the disappearance of the landscape now crowned by the wood known
as (cid:145)O Teixadal(cid:146), a grove of yew-trees unique in Europe. In the locality of Casaio, the authorities are now
permitting slate mining within 100 metres of people(cid:146)s houses, allowing the quarry owners to take over
their neighbours(cid:146) irrigation terrains.

Is the Commission investigating whether this mining is in contravention of Council Directive 85/337/
EEC (1) as regards the environmental impact assessment requirement attaching to such projects?

(1) OJ L 175, 5.7.1985, p. 40.

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

(3 April 2001)

The Commission had not been aware of the facts mentioned by the Honourable Member.

Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and
private projects on the environment, as amended by Council Directive 97/11/EC of 3 March 1997 (1), only
applies to projects and not to facilities for which an authorisation has already been granted and which are
therefore already in operation

On the basis solely of the information provided by the Honourable Member, the Commission is not able to
determine whether the instance mentioned by the Honourable Member involves a project within the
meaning of Directive 85/337/EEC referred to above.

Since it is impossible to identify the Community law that might apply in this instance, the Commission
cannot state any views concerning any infringement of Community environmental law.

However, the Commission does not rule out the possibility of investigating the problem raised by the
Honourable Member, assuming that that Member were able to provide it with information enabling it to
presume that there was an infringement of Community law.

(1) OJ L 73, 14.3.1997.

(2001/C 235 E/235)

WRITTEN QUESTION P-0409/01

by Robert Sturdy (PPE-DE) to the Commission

Subject: Approval of state aid to combat classical swine fever

(8 February 2001)

The European Commission is aware of the recent outbreaks of classical swine fever in the Eastern Region
of the United Kingdom. Rules governing the legality of state aid designed to compensate producers with an
outbreak on the farm and those in the exclusion zone seem to be fairly clear.

21.8.2001

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Official Journal of the European Communities

C 235 E/201

In the United Kingdom we also have farmers who rear pigs by contract for primary producers/owners.
These contract rearers have been denied any form of compensation from the UK Government because they
have not had to forfeit their own (cid:145)property(cid:146). However, the pigs under their care have been slaughtered and
their source of income has completely dried up (cid:129) rendering them as economically hard-hit as primary
producers by this epidemic.

If the UK Government were to submit a plan for some degree of financial assistance to be made available
to contract pig rearers, would this financial assistance be legal under EU state aid rules? If so, to what
degree?

Answer given by Mr Fischler on behalf of the Commission

(8 March 2001)

Point 11.4 of the Community Guidelines for State aids in the agriculture sector (1) concerning aids designed
to compensate farmers for the losses incurred in the case of animal diseases does not on principle exclude
the type of beneficiaries described by the Honourable Member. The actual possibility to authorise State aids
in their favour as well as the scope and extent of such aids could however only be determined after
examining the specific nature of the contractual relation existing between the owner of the pigs and the
contract rearers.

(1) OJ C 232, 12.8.2000.

(2001/C 235 E/236)

WRITTEN QUESTION E-0413/01

by Philip Bushill-Matthews (PPE-DE) to the Commission

(15 February 2001)

Subject: European Packaging Directive

Following the recent ruling in the British High Court that a plastic flowerpot is deemed to be packaging
and therefore falls under the European Packaging Directive, can the Commission confirm that
the
definition of packaging falls within the powers and responsibilities of the Member States?

Does it agree that different definitions adopted by different Member States are likely to cause confusion
within the single market?

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

(30 March 2001)

The definition of packaging is included in the Parliament and Council Directive 94/62/EC of 20 December
1994 on packaging and packaging waste (1). Since then, the Directive has been implemented into national
laws according to the procedure specified in the Directive, including the transposition of the definitions of
packaging.

Accordingly, the interpretation of this definition, as applied at national level, falls within the powers and
responsibilities of the Member States, taking into account the relevant Community jurisprudence on the
subject.

The Commission may neither interfere with the ruling of national courts nor provide a definitive
interpretation of the Community legislation. The definition of packaging, as stated in the Directive 94/
62/EC, may only be determined ultimately by the Court of Justice.