WRITTEN QUESTION E-2359/01 by Cristiana Muscardini (UEN) to the Commission. Polieco polythene waste recycling syndicate.
Date: 2001-08-06
Institutions: European Parliament, Provisional data
Subjects: Italy, application of EU law, competition law, complaint to the Commission, cooperative, plastics, plastics industry, waste management, waste recycling

16.5.2002

EN

Official Journal of the European Communities

C 115 E/63

This refers more specifically to transactions in which a card number (generally the number on the card) is
given by the consumer to the contracting partner as a guarantee, for example when hiring a car. The
amount is left blank, as a guarantee. In order to ensure that the customer is not charged any additional fees
without his consent, provision is made for the transaction to be cancelled, which is an important
guarantee for the consumer.

Having carried out a study on the application of this Recommendation, the Commission is currently
considering whether it would be appropriate to make provision for more binding measures in this field.

In addition, the Italian legislation transposing Council Directive 93/13/EEC on unfair terms in consumer
contracts (2) could apply if the contract between the business and the consumer contained unfair terms.

Moreover, practices such as those reported by the Honourable Member could fall within the area of good
faith in the performance of contracts or within unfair commercial practices, which is covered mainly by
national legislation.

Given the importance of looking into these questions in greater detail, the Commission recently adopted a
Green Paper on EU Consumer Protection (3).

(1) OJ L 208, 2.8.1997.
(2) OJ L 95, 21.4.1993.
(3) COM(2001) 531 final.

(2002/C 115 E/067)

WRITTEN QUESTION E-2359/01

by Cristiana Muscardini (UEN) to the Commission

(6 August 2001)

Subject: Polieco polythene waste recycling syndicate

Under Article 48 of Legislative Decree 22/97 Italy has set up a syndicate, with legal force, to recycle
polythene waste. Article 48(9) stipulates that waste of this type has to be handed over to the syndicate. The
regulations governing Polieco, the syndicate incorporated under the above article, require producers of
polythene raw materials and processors of polythene products to pay a contribution in proportion to the
volume of goods released on to the market. From the outset, however, this legislation and Polieco’s
activities have given rise to serious doubts and great perplexity, and most polythene producers have
chosen to not to join the syndicate because the body of rules governing it is incoherent and difficult to
enforce. Despite this fact, the Italian Parliament has introduced a system of penalties both for failure to join
the syndicate and for failure to pay the contributions, adding to the totalitarian and monopolistic nature of
the syndicate (1).

Recent Community legal practice in environmental matters (2) clearly specifies that waste recycling
syndicates cannot constitute a monopoly, companies must be allowed to choose from the different
recycling systems, and a fee cannot be charged when no service is provided in return. The fact that these
principles do not appear to have been observed in the Italian legislation setting up the Polieco syndicate
manifestly infringes the EC Treaty (3).

The Commission:

1.

Is it aware of this situation?

2. Does it not believe that a national law contrary to Community law should be repealed with retroactive

effect (4)?

C 115 E/64

Official Journal of the European Communities

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16.5.2002

3. What steps it will take to make the Italian Government amend Article 48 of Legislative Decree 22/97?

4. Does it not believe that a preliminary investigation into Polieco needs to be opened for abuse of a

dominant position?

(1) Law 93/01.
(2) Decisions C(2001)1106 of 20 April 2001 (DSD case) and C(2001)1611 of 15 June 2001 (Eco-Emballages case).
(3) Articles 29, 30, and 82, and Regulation (EEC) No 259/93.
(4) Cf. the judgment handed down by the Court of Justice on 12 July 1973 in Case 70/72.

(2002/C 115 E/068)

WRITTEN QUESTION E-2362/01

by Amalia Sartori (PPE-DE), Stefano Zappalà (PPE-DE),
Raffaele Lombardo (PPE-DE), Mario Mauro (PPE-DE), Renato Brunetta (PPE-DE)
and Mario Mantovani (PPE-DE) to the Commission

(6 August 2001)

Subject: Recycling of polythene waste

Under Article 48 of Legislative Decree 22/97 Italy has set up a syndicate, with legal force, to recycle
polythene waste. Article 48(9) stipulates that any business which generates polythene waste for operational
reasons has to hand over its stocks to the syndicate.

The regulations governing Polieco, the syndicate incorporated under the above article, require producers of
polythene raw materials and processors of polythene products to pay a contribution in proportion to the
volume of goods released on to the market.

From the outset, however, this legislation and Polieco’s activities have given rise to serious doubts and
great perplexity. Since the law, the syndicate’s articles of incorporation, and its regulations constitute an
incoherent and virtually unenforceable body of rules, most polythene producers have decided to not to
join.

Despite this fact, the Italian Parliament has taken steps in Law 93/01 to introduce a system of penalties
both for failure to join the syndicate provided for in Article 48 of Legislative Decree 22/97 and for failure
to pay the contributions, adding even more to the totalitarian and monopolistic nature of the polythene
waste recycling syndicate.

Recent Community legal practice in environmental matters (Commission decisions C(2001)1006 of
20 April 2001 (DSD case) and C(2001)1611 of 15 June 2001 (Eco-Emballages case)) clearly specifies that
waste recycling syndicates cannot constitute a monopoly, companies must be allowed to choose from the
different recycling systems, and a fee cannot be charged when no service is provided in return. The fact
that these principles do not appear to have been observed in the legislation setting up the Polieco
syndicate manifestly infringes the EC Treaty (Articles 29, 30, and 82) and Regulation (EEC) No 259/93 (1).

Given that a law contrary to Community law must be repealed with retroactive effect (cf. the judgment
handed down by the Court of Justice on 12 July 1973 in Case 70/72), can the Commission say:

1. what steps it will take and what measures it will require the Italian Government to take with a view to

amending Article 48 of Legislative Decree 22/97?

2. whether it can ask Italy to open a preliminary investigation into Polieco for abuse of a dominant

position?

(1) OJ L 30, 6.2.1993, p. 1.