WRITTEN QUESTION E-2163/01 by Jorge Hernández Mollar (PPE-DE) to the Commission. Use of pedestrian streets and public transport to reduce urban noise.
Date: 2001-07-19
Institutions: European Parliament, Provisional data
Subjects: EU environmental policy, means of public conveyance, noise protection, pedestrian zone, public awareness campaign, town planning

C 81 E/122

Official Journal of the European Communities

EN

4.4.2002

Answer given by Mrs de Palacio on behalf of the Commission

(6 September 2001)

The Commission shares the concerns expressed by the Honourable Member regarding the existing
inequalities in the current extent of liberalisation in the energy sector. In response to these concerns,
during its meeting of 20 June 2001, the Commission underlined that the most effective and appropriate
method of redressing the market opening imbalance, and distortions of competition that result, is the rapid
adoption by the Council and the Parliament of the March 2001 proposals to complete the liberalisation of
Community energy markets (1).

As regards differences in the current extent of liberalisation in the energy sector, the Commission considers
that
the
these should be addressed by the rapid adoption by the Council and the Parliament of
Commission(cid:146)s March 2001 proposals to further liberalise energy markets (all non-domestic electricity open
to competition by 1 January 2003, non domestic gas open to competition by 1 January 2004 and all
customers (including domestic) open to competition by 1 January 2005 (2).

The Commission agrees that to address distortions of competition and inequalities in the short term before
adoption of the further liberalisation proposals it will:

(cid:129) monitor Member States to ensure timely and proper implementation of the existing electricity and gas

liberalisation Directives

(cid:129) and ensure that the EC Treaty(cid:146)s competition rules are applied fully in the energy sector. In particular,
the Commission will continue to apply the rules of the Treaties on restrictive business practices and
abuse of a dominant market position against restrictions and distortions in supply competition and
against discrimination in network access, to scrutinise any State aid granted to electricity and gas
companies (including State aid in the nuclear sector) and to apply competition rules against limitations
on consumers(cid:146) right to choose a supplier. Examples of such cases treated by the Commission in the
last two years are the interventions against joint selling (e.g. GFU and EDF/CNR), reinforcements of
dominant positions through mergers (e.g. VEBA/VIAG, EDF/EnBW), privileged network access (e.g.
Danish/German and French/UK interconnectors), stranded costs schemes and locking-in of key
customers (Gas Natural/Endesa).

If adoption of the proposals to further liberalise energy markets were delayed, the Commission would
consider adopting itself Decisions or Directives, on the basis of Article 86 of the EC Treaty, and notably its
third paragraph,
levels of
liberalisation. Such an approach, whereby the Commission adopted Directives addressed to the Member
States based on Article 86(3) of the EC Treaty, was previously used in the telecommunications sector.

to address possible distortions of competition resulting from different

(1) COM(2001) 125 final.
(2)

IP/01/356.

(2002/C 81 E/144)

WRITTEN QUESTION E-2163/01

by Jorge HernÆndez Mollar (PPE-DE) to the Commission

(19 July 2001)

Subject: Use of pedestrian streets and public transport to reduce urban noise

At a recent meeting in Malaga of the working party responsible for drawing up the background paper for
the Urbal programme on the urban environment in the EU, emphasis was placed on the need to combat
urban noise, which represents the main threat to the environmental standards to which European citizens
are entitled.

The essential recommendations for combating urban noise made by these experts included the need to
improve public transport and increase the number of pedestrian streets in city centres.

4.4.2002

EN

Official Journal of the European Communities

C 81 E/123

Will the Commission promote an information campaign in support of these two recommendations, which
are essential to provide urban dwellers in the Community with a high-quality environment, so that local
authorities in the Community will encourage the introduction of these two measures, which experts
believe would improve the situation considerably?

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

(12 October 2001)

At this time the Commission does not intend to go further on the specific question of noise awareness
raising in Spain than already universally foreseen in the proposed directive about noise assessment and
management, which is currently at second reading. The major emphasis is on strategic noise mapping and
the consequent action plans to be undertaken by competent authorities, rather than on limit setting.

The Commission(cid:146)s activities on the topic can be found at the following URL: www.europa.eu.int/comm/
environment/noise/home.htm.

(2002/C 81 E/145)

WRITTEN QUESTION E-2167/01

by Mar(cid:237)a Sornosa Mart(cid:237)nez (PSE) to the Commission

(19 July 2001)

Subject: Processing of plastics at the PoligÆs plant (Valencia region)

PoligÆs, a plant recently opened in the locality of Ribesalbes (Castell(cid:243)n province, Spain) and dedicated to
obtaining electricity from incinerating plastics, has commenced test operations in the face of large-scale
opposition from residents in the locality and the surrounding area and from ecological movements.
Members of the public have complained about specific aspects concerning which the Commission was
informed in an earlier question submitted by the author of the present question on 2 July 2001.

Special attention should be paid to the erroneous position promoted by the Valencian regional government
in its impact statement concerning the plastics to be used for processing at this plant. These plastics (which
consist of packaging from the chemical/ceramic industry) should, under Community and Spanish law, be
considered dangerous waste on the grounds that
that nature.
Nonetheless, both the company and the regional government consider them to be non-dangerous waste,
solely on the grounds that they are washed prior to incineration.

they have contained other waste of

Does the Commission consider that the mere fact of washing plastics is sufficient for them no longer to be
considered dangerous, despite having contained toxic substances?

Do any provisions exist in Community law which might permit determination of whether this system is
compatible with the protection of health and the right to safety?

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

(19 October 2001)

Under Community legislation in force, for a waste to be considered hazardous it has to have one or more
of the properties listed in Annex III of Council Directive 91/689/EEC of 12 December 1991 on hazardous
waste (1). Packaging containing dangerous substances is considered hazardous if it continues to contain
dangerous residues, or has dangerous substances in the composition of its matrix, in quantities that would
render them hazardous by displaying one or more of the hazardous properties in Annex III.