WRITTEN QUESTION E-2247/01 by José Ribeiro e Castro (UEN) to the Council. Status of Hong Kong.
Date: 2001-07-26
Institutions: European Parliament, Provisional data
Subjects: China, EU relations, Hong Kong, Macao, political status

C 81 E/140

Official Journal of the European Communities

EN

4.4.2002

the requirements under Article 4 of

the Directive in relation to safeguarding
operators fulfil
environmental protection and human health and arrange periodic inspections under Article 13 to
ensure that this is the case. Furthermore, Member States must also ensure that such operators do not
mix different categories of hazardous waste as prescribed by Article 2(2) of Council Directive 91/689/
EEC of 12 December 1991 on hazardous waste (4).

(cid:129) It follows from the Shipment Regulation, Council Regulation (EEC) No 259/93 of 1 February 1993 on
the supervision and control of shipments of waste within, into and out of the Community, that a
shipment may only be effected if, within a period of 30 days after acknowledgement of receipt of
notification of shipment, none of the competent authorities involved have raised objections on any of
the grounds
the Regulation. According to the fifth indent of
Article 7(4)(a), the countries of destination and dispatch may object to a waste shipment which is
destined for (cid:145)sham-recovery(cid:146). Specifically,
this means that either countries may refuse to permit
shipment if they consider that the ratio of recoverable and non-recoverable waste, the estimated value
of the materials to be recovered or the costs of recovery or disposal of the non-recoverable fraction do
not justify the recovery under economic and environmental considerations.

specified in Article 7(4)(a) of

(cid:129) It is primarily up to the authority of destination to check whether the information provided by the
notifier regarding the intended recovery operation is correct, and if this is not the case, to object to
the shipment.

The Commission is therefore of the opinion that, in this instance, the Shipment Regulation and the Waste
Framework Directive provide a sufficient legal framework to enable the competent authorities to ensure
that appropriate environmental protection steps are to be taken in respect of the shipment involved.

According to the Court of Justice(cid:146)s ruling in the (cid:145)Dusseldorp(cid:146) case C-203/96 the principles of proximity
and self-sufficiency as laid down in the Shipment Regulation and the Waste Framework Directive may not
apply in respect of shipments of waste destined for recovery operations.

It follows from the above description that the Commission is of the opinion that the procedures laid down
in the Shipment Regulation ensure sufficient supervision and control of waste shipments for recovery
within the Community.

(1) The complaint is recorded under the number 98/4317.
(2) Press release IP 99/812 of 29 October 1999.
(3) OJ L 194, 25.7.1975.
(4) OJ L 377, 31.12.1991.

(2002/C 81 E/165)

WRITTEN QUESTION E-2247/01

by JosØ Ribeiro e Castro (UEN) to the Council

(26 July 2001)

Subject: Status of Hong Kong

Press reports indicate that the Hong Kong Administration may be about to adopt a law empowering the
Government of the People(cid:146)s Republic of China to dismiss the territory(cid:146)s leader, which would mean that
Hong Kong risks losing its statutory autonomy and flies in the face of the undertakings given at the time
of the changeover only a few years ago.

These developments apparently come in the wake of negotiations between the Beijing Government and the
Hong Kong authorities, and according to the press, are causing great concern and have lead to widespread
protests. The new law is scheduled for next Wednesday, 18 July.

4.4.2002

EN

Official Journal of the European Communities

C 81 E/141

Is the Council aware of these facts and can it confirm or disprove them? Is it aware of any similar
developments in Macau? What impact will these developments, if confirmed, have on EU relations with
China?

Reply

(29 November 2001)

The Council is aware of the press reports to which the Honourable Member refers. It has, however, no
reason to believe that the authorities in Beijing or in Hong Kong currently intend to promote legislation
that would undermine the Joint Declaration or Basic Law, to which the EU remains firmly attached. The
same holds true, moreover, for Macau. The Council will, however, continue to monitor developments.

(2002/C 81 E/166)

WRITTEN QUESTION P-2248/01

by Alexandros Alavanos (GUE/NGL) to the Commission

Subject: Uncontrolled waste tips on the Aegean islands

(18 July 2001)

According to newspaper reports, over 150 000 tonnes of waste are dumped annually in the 250
uncontrolled waste tips in the Aegean islands, and urban sewage often ends up in the sea: this has an
adverse effect on the environment, public health and tourism. Article 3 of Directive 91/271/EEC (1) on
waste-water treatment states that: (cid:145)Member States shall ensure that all agglomerations are provided with
collecting systems for urban waste water, at the latest by 31 December 2000 for those with a population
equivalent (p.e.) of more than 15 000 (cid:133)(cid:146).

What reasons does Greece give for failing to comply with the provisions of Directive 91/271/EEC? What
action does the Commission intend to take to ensure that the hygienic waste burial sites already planned
and approved will operate as soon as possible?

(1) OJ L 135, 30.5.1991, p. 40.

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

(4 October 2001)

From the perspective of Community legislation on waste management, it is important to underline that
Council Directive 75/442/EEC of 15 July 1975 on waste as amended (1) stipulates a number of obligations
for Member States in connection with the management of waste disposal. Specifically, Article 4 requires
Member States to take the necessary measures to ensure that waste is recovered or disposed of without
endangering human health and without using processes or methods which could harm the environment.
Member States are required under that provision to take the necessary measures to prohibit
the
abandonment, dumping or uncontrolled disposal of waste. In addition, Article 8 requires Member States to
ensure that any holders of waste has it handled by a private or public waste collector or recovers or
disposes it himself in accordance with the directive. Furthermore, Article 9 requires that waste disposal
operators must obtain a permit from the relevant national authority. In addition to Council Directive 75/
442/EEC, Member States must comply with the provisions set out in Council Directive 1999/31/EC of
26 April 1999 on the landfill of waste (2) and Council Directive 91/689/EEC of 12 December 1991 on
hazardous waste (3).

With regard to urban waste water, the Council Directive 91/271/EEC of 21 May 1991 on urban waste
water treatment (4) covers mainly the collection, treatment and discharge of urban waste water and waste
water from certain industries. The mentioned Article 3 of the Directive shall ensure the equipment of
agglomerations p.e. with collecting systems within a certain time. However the Directive lays down certain