WRITTEN QUESTION E-0005/02 by Chris Davies (ELDR) to the Commission. Interpretation of EC Regulation No 2037/2000 on substances that deplete the ozone layer.
Date: 2002-01-17
Institutions: European Parliament, Provisional data
Subjects: EC Regulation, United Kingdom, chemical product, dangerous substance, environmental protection, household electrical appliance, interpretation of the law, ozone

18.7.2002

EN

Official Journal of the European Communities

C 172 E/121

Can the Commission look into the nature of the subsidy resulting from the increase in the airport
modernisation tax?

What will the impact be on the modernisation of Greece’s remaining airports?

(1) OJ C 261 E, 18.9.2001, p. 93.

Answer given by Mrs de Palacio on behalf of the Commission

(26 February 2002)

Decisions on the construction, improvement or further development of airport infrastructure as well as the
allocation of public funds among airports of a Member State, fall under the responsibility of the authorities
of that Member State. The Commission may however examine the issue in view of possible distortions of
competition in case this is requested by the specific situation. As already indicated in reply to the previous
question mentioned by the Honourable Member, decisions on the level and structure of airport charges fall
under the responsibility of the local and national authorities concerned.

However, the general principles of Community law apply to measures in this field and require,
particular, that charges are set in a non-discriminatory manner.

in

On the basis of the available information, the Commission is not in the position to assess the implication
of the arrangements regarding the airport Eleftherios Venizelos for their possible distortive effect in
relation to other Greek airports. No complaint has been addressed to the Commission in this respect.
However, if the Commission would at any given time come to the conclusion that it would be necessary to
take up the issue with the Greek authorities, it will not hesitate to do so.

(2002/C 172 E/125)

WRITTEN QUESTION E-0005/02

by Chris Davies (ELDR) to the Commission

(17 January 2002)

Subject: Interpretation of EC Regulation No 2037/2000 on substances that deplete the ozone layer

With regard to EC Regulation No 2037/2000 (1) ‘Substances that deplete the ozone layer’, the British
Minister for Environment, Michael Meacher MP, stated in the House of Commons on 11 December 2001
that the interpretation of the extraction of chlorofluorocarbons from cooling equipment and foam in
refrigerators was queried by the British Government to the Commission before October 2000, and that
they ‘did not receive an answer for 18 months, until June 2001’, therefore necessary action was not put in
place in the UK until this time.

Will the Commission state what,
regarding this matter from the time of its first drafting to its final approval?

in its view, communication took place with the UK Government

(1) OJ L 244, 29.9.2000, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(7 March 2002)

Regulation (EC) No 2037/00 of the Parliament and of the Council of 29 June 2000 on substances that
deplete the ozone Layer entered into force on 1 October 2000. Article 16(1) required controlled substances
such as chlorofluorocarbons (CFCs) to be recovered for destruction from domestic refrigerators and

C 172 E/122

Official Journal of the European Communities

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18.7.2002

freezers from 1 January 2002. As CFCs are very destructive to the ozone layer, and since the foam
contains approximately 75 % of the CFCs and the cooling system only 25 %, Article 16(3) required CFCs to
be recovered from products such as foam if practicable from 1 October 2000.

The United Kingdom questioned, very soon after the regulation came into force, the practicality of
extracting CFCs from foam insulation in refrigeration as the answer influenced the United Kingdom’s
implementation of this regulation in two key areas.
If recovery of CFCs from foam was considered
practical, the United Kingdom would be required to not only establish recycling and recovery facilities
from 1 January 2002 but also to ban the considerable United Kingdom export trade, from 1 October
2000, of used refrigerators containing CFCs in the foam. Article 11 specifically bans exports from the
Community of products containing CFCs as the Montreal Protocol, an international treaty on ozone layer
protection, strongly discourages exports that would increase the dependency of developing countries on
old technology.

The subject of recovery of CFCs from refrigeration equipment was discussed at
the Management
Committee Meeting on 4 October 2000, meeting for the first time under Article 18 of the regulation just 4
days after Regulation (EC) No 2037/2000 came into force. The Management Committee was chaired by
the Commission. The Minutes of the Meeting, approved by all the Member States including the United
Kingdom, recorded that the Committee agreed that foam-containing CFC was classified as a ‘product’ and
therefore Article 16(3) was applicable. Article 16(3) calls for recovery of CFC from foam, if practicable.
Several Member State representatives stated that recovery from foam had been practicable for many years
and cited commercial recycling facilities in operation where the United Kingdom could ship used
refrigerators for recycling if necessary.

The Commission held a further meeting with the United Kingdom and other Member States, at the request
of a representative of the United Kingdom government, on 24 January 2001 in Brussels to discuss the ban
on the export of refrigerators containing CFCs. At this meeting, the United Kingdom continued to question
the practicality of recovering CFCs from the foam of used refrigerators, despite continued assurances from
other Member States that they had commercial facilities in place. The Commission therefore agreed to
undertake a survey of Member States to determine Community commercial, refrigerator recycling activities.
The survey results reported to Member State representatives at the next Management Committee Meeting
on 13-14 March 2001 confirmed commercial recycling activities for recovery of CFCs from foam and
cooling systems were operating in a number of Member States including Italy, Germany, Denmark and
Sweden.

The United Kingdom government was therefore first informed on 4 October 2000 that it was practical to
recover CFCs from both the cooling system and foam in used refrigerators. The Commission notes that the
United Kingdom government has recently put in place procedures to promote compliance with this aspect
of the regulation.

(2002/C 172 E/126)

WRITTEN QUESTION E-0008/02

by Monica Frassoni (Verts/ALE) to the Commission

(17 January 2002)

Subject: Mine prospecting permits in Sardinia and environmental impact assessments

On 15 November 2001 the Sardinia Autonomous Region issued yet another permit (see my previous
question of 19 March 2001) for mine prospecting activities (bentonite) covering an area of 670 ha. in the
area of special archaeological value of Is Bangius (Gonnesa commune, Cagliari) to the Argilliti srl company.

This prospecting permit was issued without an environmental impact assessment having been carried out,
as required under Annex I, point 19 of Directive 97/11/EC (1) and the resulting Italian legislation
(Article 1(1)(u) of the Presidential Decree of 11 February 1998), and this case, like so many previous cases,