WRITTEN QUESTION E-2233/01 by Karl-Heinz Florenz (PPE-DE) to the Commission. Enforcement of European waste directives in Germany in respect of the disposal of used radiator and brake fluid.
Date: 2001-07-26
Institutions: European Parliament, Provisional data
Subjects: EC Directive, EU control, European Commission, Germany, national implementing measure, vehicle parts, waste management

18.4.2002

EN

Official Journal of the European Communities

C 93 E/83

(2002/C 93 E/101)

WRITTEN QUESTION P-2229/01

by José Ribeiro e Castro (UEN) to the Commission

(18 July 2001)

Subject: Status of Hong Kong

According to press reports, the Hong Kong authorities may be about to pass a law which will empower
the Government of the People’s Republic of China to dismiss the territory’s leader. This would put Hong
Kong at risk of losing the autonomy which it enjoys by law and is contrary to the undertakings given at
the tie of the transition just a few years ago.

This state of affairs is apparently the outcome of negotiations between the Government of Peking and the
Hong Kong authorities and (again according to the press) is giving rise to serious concern and to protests
at grassroots level. The new law is due to be adopted on Wednesday, 18 July 2001.

Is the Commission aware of these reports and is it able to confirm or deny them? And is it aware of
anything similar in the case of Macau? If the reports are true, what effect could they have on relations
between China and the EU?

Answer given by Mr Patten on behalf of the Commission

(6 September 2001)

The European Commission was aware of the press reports referred to and is aware that the Hong Kong
authorities passed a law on 19th July, known as the Chief Executive Election Ordinance (Ordinance No. 21
of 2001).

The Commission took note of the reassurances given by the Hong Kong authorities that this new
provision is in line with the Basic Law. It has also noted the views of the Hong Kong Law Society and the
Hong Kong Bar Association.

The European Commission remains fully committed to supporting the Sino-UK Joint Declaration, the ‘One
Country, Two Systems’ principle and the Basic Law of Hong Kong.

The Commission will continue to monitor developments in the Hong Kong Special Administrative Region
very closely in keeping with its commitment
to support Hong Kong’s high degree of autonomy,
particularly with regard to constitutional arrangements as set out in the Basic Law.

The Commission is not aware of any similar proposal in relation to Macao.

(2002/C 93 E/102)

WRITTEN QUESTION E-2233/01

by Karl-Heinz Florenz (PPE-DE) to the Commission

(26 July 2001)

Subject: Enforcement of European waste directives in Germany in respect of the disposal of used radiator

and brake fluid

It is conservatively estimated that between 100 000 and 400 000 tonnes of used radiator and brake fluid
arise for disposal from used vehicles in Germany every year. Only about 5000 tonnes of used radiator fluid
are sent
the
Environment or the Ministries of the Environment in the Länder.

for disposal. No definite figures can be obtained from either the Federal Ministry of

C 93 E/84

Official Journal of the European Communities

EN

18.4.2002

Do the reports to be drawn up by Germany and forwarded to the Commission on the measures to
1.
implement the EU waste directives give any indication of the quantities of used radiator and brake fluid,
and of the actual quantities legally disposed of?

2. Would the failure to provide such information not mean that EU waste legislation, with particular
reference to Article 4 of Directive 91/689/EEC on hazardous waste, was not being properly implemented
by Germany in the absence of any monitoring of garages and service stations? If it does, what does the
Commission intend to do to remedy the situation?

Are there any figures from other Member States?

Answer given by Mrs Wallström on behalf of the Commission

(25 October 2001)

Article 4(1) of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (1) requires
producers to be subjected to adequate periodical inspections by competent authorities. Article 4(2) of the
same Directive requires producers to keep records including information on waste quantities, types,
treatment operations, means of transport. Such records are to be made available to competent authorities
upon request.

There are no requirements in Directive 91/689/EEC providing that Member States have to communicate
such detailed information to the Commission. By Commission Decision 97/622/EC of 27 May 1997
concerning questionnaires for Member States reports on the implementation of certain Directives in the
waste sector (2), the Commission adopted the questionnaire for Member States reporting under Directive
91/692/EEC. This questionnaire does not require Member States to provide information on quantities of
used radiator and brake fluids which arise, nor on their disposal.

The Commission is currently investigating a complaint whether Germany adequately controls the disposal
of used radiator fluids and in conjunction with this issue if used radiator fluids are disposed of in
accordance with Council Directive 75/442/EEC of 15 July 1975 on waste (3) and Directive 91/689/EEC on
hazardous waste.

The Commission does not have figures relating to generation and disposal of used radiator and brake fluids
in other Member States.

The Commission draws the attention of the Honourable Member to the fact that Directive 2000/53/EC of
the Parliament and of the Council of 18 September 2000, on end of life vehicles (4), to be implemented by
the Member States by 21 April 2002, provides for the compulsory removal and separate collection of
these fluids (Article 6(3) and Annex I).

(1) OJ L 377, 31.12.1991.
(2) OJ L 256, 19.9.1997.
(3) OJ L 194, 25.7.1975.
(4) OJ L 269, 21.10.2000.

(2002/C 93 E/103)

WRITTEN QUESTION E-2236/01

by Glenys Kinnock (PSE) to the Commission

(26 July 2001)

Subject: Burma

Given the growing HIV/AIDS catastrophe in Burma, does the Commission have any plans to provide
additional funds to alleviate this crisis?

Is the Commission aware that there would be widespread dismay and consternation if any decision was
taken to channel EC funds through the line ministries of the military junta in Rangoon?