WRITTEN QUESTION P-2082/02 by Jonas Sjöstedt (GUE/NGL) to the Commission. Restrictions on the use of cadmium — case C-314/99.
Date: 2002-07-08
Institutions: European Parliament, Provisional data
Subjects: Austria, Sweden, cadmium, case-law (EU), dangerous substance, derogation from EU law, environmental protection, market approval

5.12.2002

EN

Official Journal of the European Communities

C 301 E/259

(2002/C 301 E/278)

WRITTEN QUESTION E-2032/02

by Giovanni Pittella (PSE) and Massimo Carraro (PSE) to the Commission

Subject: Research funding

(9 July 2002)

Formal adoption of the Sixth Framework Programme for Research and Technological Development took
place recently.

In accordance with the views expressed by Parliament, fundamental research is to be given a central role
and thus to be allocated sufficient resources to be able to produce the innovations that will then be applied
in industrial activities.

It is not by chance that the countries which have understood the importance of fundamental research,
namely the United States and Japan, are now leading the field in this area.

However, the current Italian Government has decided to go against both the policy pursued by its
predecessor and the current trend in the other EU Member States by cutting funding for fundamental
research, thus seriously jeopardising the development of research in general.

What means does the Commission intend to suggest the Member States use to raise the profile of and
develop fundamental research, with a view to preventing decisions such as those taken by the Italian
Government from widening the gap the gap already existing between the European Union and the United
States and Japan?

Answer given by Mr Busquin on behalf of the Commission

(1 August 2002)

The Sixth Framework Programme for Research and Technological Development will support activities, that
cover the full spectrum from basic to applied research, with all instruments at its disposal. Among them,
the new instruments of Networks of Excellence and Integrated Projects appear particularly suitable for
addressing fundamental research topics in accordance with their objectives. Furthermore, a series of other
means, such as coordination actions, support to research infrastructures and Marie Curie fellowships, are
set to help the movement of ideas and researchers that habitually foster fundamental research.

The Commission is currently preparing a communication about the relationship and synergies between
research, education and innovation in Europe. A particular focus will be on the essential role of the
universities in the economy and in the creation of a knowledge-based society. In this context, particular
attention will be paid to fundamental research and its contribution to excellence.

The Commission follows closely the situation in Member States in the area of research and development
and is content to note any efforts that help in the creation of a European Research Area. Among others, it
aims to assist the Member States to achieve the goal of committing as much as possible on research
towards the goal of 3 % of their gross domestic product (GDP), financed mainly by private means, by the
year 2010 (as decided by the Barcelona European Council in March 2002).

(2002/C 301 E/279)

WRITTEN QUESTION P-2082/02

by Jonas Sjöstedt (GUE/NGL) to the Commission

Subject: Restrictions on the use of cadmium (cid:1) case C-314/99

(8 July 2002)

On 18 June 2001, the Court of Justice passed judgment in case C-314/99 (the Kingdom of the Netherlands
the Annex to Commission Directive
versus the Commission). The judgment

‘annuls Section 3 of

C 301 E/260

Official Journal of the European Communities

EN

5.12.2002

1999/51/EC (1) of 26 May 1999 adapting to technical progress for the fifth time Annex I to Council
Directive 76/769/EEC (2) on the approximation of the laws, regulations, and administrative provisions of
the Member States relating to restrictions on the marketing and use of certain dangerous substances and
preparations (tin, PCP and cadmium).’

The case concerned the Swedish and Austrian exemptions from the use of cadmium and its compounds as
colourants, stabilisers and for surface treatment (cadmium plating).

What will happen now to the Swedish and Austrian exemptions in this area? How does the Commission
intend to deal with this matter subsequently?

(1) OJ L 142, 5.6.1999, p. 22.
(2) OJ L 262, 27.9.1976, p. 201.

Answer given by Mr Liikanen on behalf of the Commission

(2 August 2002)

The Act of Accession applicable to Austria and Sweden authorised these States to maintain existing
restrictions on the use of cadmium and its compounds going beyond those laid down in the Annex to
Council Directive 76/769/EEC, of 27 July 1976, as amended by Council Directive 91/338/EEC of
18 June 1991 (1), until 31 December 1998.

That derogation was granted in order to allow for the completion of an on-going Community-wide risk
assessment on that substance, which would in turn allow the Commission to propose appropriate risk
reduction measures in the framework of Directive 76/769/EEC. As the risk assessment had not been
completed at the end of 1998, that derogation has been extended for a further period of four years by
Commission Directive 1999/51/EC.

The Kingdom of the Netherlands brought an action for annulment of Section 3 of the Annex to
Commission Directive 1999/51/EC. Sweden was granted leave to intervene in support of the Commission.
The Netherlands Government suggested that, were the contested provision to be annulled, the Court
should limit the temporal effects of such annulment. The Court decided, however,
‘although important
grounds of legal certainty, …, can justify the Court using its power … to decide to maintain the effects of
the acts which have been declared void, the existence of such grounds has non been made clear in the
present case. Accordingly, the Court considers that there is no need to apply that provision in this case’.

Following the annulment by the Court of Justice of Section 3 of the Annex to that Directive, Austria and
Sweden are obliged to amend their national provisions in order to bring them into line with Directive
76/769, as amended by Directive 91/338/EEC.

The Commission is currently reviewing the cadmium-related provisions of Directive 76/769/EEC in the
light of relevant risk assessments.

(1) OJ L 186, 10.9.1991.

(2002/C 301 E/280)

WRITTEN QUESTION P-2090/02

by Ioannis Averoff (PPE-DE) to the Commission

(10 July 2002)

Subject: Construction of a hydroelectric power plant at Rona, district of Anilios, Metsovo, by the firm

Lakmos Energiaki AE

In its answer to my question P-1521/02 (1), the Commission informed me that the Greek authorities had
confirmed that a limited capacity hydroelectric power plant was to be built at Anilios and that a decision
had been taken to approve the environmental criteria. I would also submit the following, additional
information for the Commission’s attention.