WRITTEN QUESTION E-0885/02 by Marjo Matikainen-Kallström (PPE-DE) to the Commission. Definition of waste and by-products.
Date: 2002-04-03
Institutions: European Parliament, Provisional data
Subjects: Court of Justice of the European Union, environmental protection, interpretation of the law, waste disposal, waste management, waste recycling

26.9.2002

EN

Official Journal of the European Communities

C 229 E/155

Accord’. Only weeks after signing this, the Algerian State has refused to issue visas to a technical
committee of the EU (under the EIDHR programme) to oversee civil society representation in Algeria.

What is the Commission’s opinion on the fact that this has happened?

Does it intend to propose that the EU Association Agreement be rescinded unless visas are granted to EU
officials to oversee the fulfilment of this Agreement?

Answer given by Mr Patten On behalf of the Commission

(23 April 2002)

The Commission confirms that a team of its officials accompanied by a consultant had intended to visit
Algeria this February for the purposes of the European Initiative for Democracy and Human Rights
(EIDHR). This was to be a programming mission for title B7-7 of the budget, which finances the EIDHR.
Another mission, which did not concern human rights, was also planned.

Because the two teams were to visit Algeria for the purposes of aid or cooperation programmes, Algeria’s
mission to the European Communities asked for more time to prepare for them. The country’s embassy in
Belgium gave this as the reason for not issuing the visas requested by the Commission officials.

Further contacts between the Commission and Algeria’s mission to the European Communities helped
clarify the purpose of the mission to programme activities in support of democratisation and human
rights. It was agreed that the Commission delegation would visit Algiers in the latter half of April. The
Algerian authorities have given assurances that visas will be issued in good time.

The Commission therefore considers the matter closed.

(2002/C 229 E/179)

WRITTEN QUESTION E-0885/02

by Marjo Matikainen-Kallström (PPE-DE) to the Commission

(3 April 2002)

Subject: Definition of waste and by-products

In the EU framework Directive on waste (Directive 91/156/EEC) (1) waste is defined as any substance or
object which its owner has discarded, intends to discard, or is required to discard. The problem with the
definition is that it does not allow for processes from which two products are obtained. Ferrochromium
scrap, for example, a by-product of steelmaking, is sold to other quarters to be used in, among other
things, earthwork and road building. According to the EU definition ferrochromium scrap is waste, and
those who produce it have to pay both waste tax and the value added tax arising from the sale of the
product. Companies which develop and commercially exploit their processes to utilise by-products, saving
natural materials in so doing, are thus forced into an economically unfortunate situation.

What steps will the Commission take to change the concept of waste so as to distinguish more clearly
between final disposal and utilisation?

(1) OJ L 78, 26.3.1991, p. 32.

C 229 E/156

Official Journal of the European Communities

EN

26.9.2002

Answer given by Mrs Wallström on behalf of the Commission

(14 May 2002)

Article 1(a) of Council Directive 75/442/EEC on waste, as amended (1) defines waste as essentially meaning
any substance or object which the holder discards or intends or is required to discard. The definition has
been interpreted by the Court of Justice so as to mean that, following the environmental protection
principles enshrined in Article 174(2) of the EC Treaty, the concept of waste may not be interpreted
restrictively (2). In relation to ferrochromium scrap referred to by the Honourable Member, a request for a
preliminary ruling is currently pending before the Court that may lead to further clarification on the status
of scrap metal materials in relation to the Directive (3).

The Sixth Environmental Action Programme of the Community calls for clarification of the legislative
distinction between waste and non-waste (4). Within the context of the Programme, the Commission will
take steps to undertake a review on how best to achieve this task.

(1) OJ L 194, 25.7.1975, as amended by Council Directive 91/156/EEC of 18 March 1991 (OJ L 78, 26.3.1991) and

Commission Decision 96/350/EC of 24 May 1996 (OJ L 135, 6.6.1996).

(2) Cases C-418/97 and C-419/97 ARCO Chemie Nederland and Epon [2000] ECR I-4475, at paragraphs 39-40 of

judgment.

(3) Case C-444/00 The Queen on the application of Mayer Parry Recycling Ltd.
(4) Article 8(2)(iv) of draft Decision of
the Council

the Parliament and of

Environmental Action Programme (PE-CONS 3618/02).

laying down the Sixth Community

(2002/C 229 E/180)

WRITTEN QUESTION P-0891/02

by Emmanouil Bakopoulos (GUE/NGL) to the Council

Subject: Regular meetings between Mr Prodi and Mr Schröder

(27 March 2002)

Following the meeting between the Commission President, Mr Prodi, and the German Chancellor,
Mr Schröder, in Barcelona, it was decided that the Commission and the German Government would meet
regularly prior to each summit. It is reported that the first such encounter will take place in Berlin before
the next summit.

Will this be followed by similar meetings with leaders of other countries or will this initiative be restricted
to Germany and possibly other larger countries?

Reply

(27 June 2002)

The Council would ask the Honourable Member to put his question directly to the Commission.

(2002/C 229 E/181)

WRITTEN QUESTION E-0897/02

by Stavros Xarchakos (PPE-DE) to the Commission

Subject: Pupils dropping out of compulsory education

(5 April 2002)

According to Greek press reports, 150 000 children have abandoned their lower secondary school
education in recent years in Greece, while 10 000 children drop out of compulsory education annually.
These findings regarding school drop-out rates came from the Greek Educational Institute’s ‘Registry of
Lower Secondary School Pupils entering the Employment Market’. According to these findings, the largest