WRITTEN QUESTION E-1967/02 by Chris Davies (ELDR) to the Commission. Ozone-Depleting Substances Regulation (EC) 2037/2000.
Date: 2002-07-08
Institutions: European Parliament, Provisional data
Subjects: EU Member State, application of EU law, chemical product, exchange of information, household electrical appliance, stratospheric pollutant, waste management

C 28 E/160

Official Journal of the European Union

EN

6.2.2003

Answer given by Mrs Wallström on behalf of the Commission

(13 September 2002)

The Commission recognises that there is a risk to human health and the environment from the inadequate
storage or disposal of obsolete and banned pesticides and is very committed to supporting and promoting
the environmentally sound disposal of all such existing stocks.

Existing Community legislation concerning hazardous waste is in place to ensure that these stockpiles of
pesticides are disposed of in an adequate manner. Central and Eastern European candidate countries are
now in the process of adopting the acquis that will establish in their territories the legal framework for the
environmentally sound disposal of these obsolete pesticides. This includes provisions such as the obligation
to set a management plan for hazardous wastes, permitting and collection requirements and record
keeping obligations among others.

the Commission addresses the issue of stored pesticides when
The Food and Veterinary Office of
conducting inspections in Candidate Countries. In addition,
in preparing proposals to amend existing
Community legislation on pesticides use and on the setting of maximum residue levels for pesticides in
food and feed, the Commission is analysing what measures, if any, may be necessary to manage the risks
posed by such stocks to consumers.

Although there may indeed be very large quantities of obsolete pesticides in Central and Eastern Europe,
requests for Community financial assistance for the destruction of obsolete pesticides have been very
limited. None of the candidate countries has so far during the accession negotiations raised the destruction
of obsolete pesticides as an issue. In fact, it is the Accession Countries who have to take the initiative.

Nevertheless, when the need is expressed, the Commission can apply several instruments to promote and
fund the disposal of this type of waste in these countries. Just to give an example, through the PHARE
funding channel,
transport and
destruction of 1 130 tonnes of obsolete pesticides in Romania. From countries of the new independent
states (NIS) no explicit requests for funding projects related to the problem of obsolete pesticides has
reached the Commission.

the Commission intends to co-finance the collection, repackaging,

As most of the Central and Eastern European countries, all but two (Estonia and Cyprus) of the Candidate
Countries have signed the Stockholm Convention on Persistent Organic Pollutants (POPs). The Convention
obliges the Parties to identify stockpiles consisting of substances listed in the Annexes of the Convention,
most of which are pesticides. The Parties are also obliged to manage the stockpiles, upon becoming waste,
in an environmentally sound manner. Developed countries will provide technical and financial assistance
for developing country parties and parties with economies in transition to assist them to implement their
obligation under the Convention.

Within this context (cid:1) and in the general framework of supporting developing countries to integrate the
environmental dimension in their development process (cid:1) the Community provides financial assistance and
expertise to developing countries for the implementation of the Stockholm Convention on POPs.

(2003/C 28 E/184)

WRITTEN QUESTION E-1967/02

by Chris Davies (ELDR) to the Commission

(8 July 2002)

Subject: Ozone-Depleting Substances Regulation (EC) 2037/2000

Which Member States have informed the Commission that they are now complying with the requirements
of Regulation (EC) 2037/2000 (1) insofar as they relate to the removal of CFCs both from the coolant
circuits and from the insulating material used in refrigerators, and which have not done so?

6.2.2003

EN

Official Journal of the European Union

C 28 E/161

What enforcement action is being taken against those Member States which have failed to comply with the
terms of the regulation?

Given that allegations have been made by some manufacturers that France (and some other Member
States) has not the same problem of ‘fridge mountains’ as experienced in Britain for the simple reason that
it has ignored the requirement to remove CFCs from refrigerator insulating material, can the Commission
indicate what procedures have been followed by France since 1 January to ensure compliance with the
regulation?

What action to remove CFCs from both coolant circuits and insulating material has been taken since
1 January by Greece, Ireland, Portugal, Finland, Spain and Belgium?

Can the Commission confirm that
refrigerators but also to both small and large commercial refrigeration equipment?

the requirements of

the regulation relate not only to domestic

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

Answer given by Mrs Wallström on behalf of the Commission

(4 September 2002)

The Commission would like to refer the Honourable Member to its reply given to his written question
E-0255/02 (1) that provided information available to the Commission on the status in individual Member
States as regards the implementation of Regulation (EC) No 2037/2000 of the Parliament and of the
Council (2) on substances that deplete the ozone layer (1) which covers the extraction and disposal of
ozone-depleting substances in domestic refrigerators and freezers.

The Commission sent a Survey Form to the Member States asking for information on the recovery and
destruction of chlorofluorocarbons (CFCs) from discarded domestic refrigerators in February 2001 and
again in February 2002. Four Member States (cid:1) Greece, France, Ireland and Portugal (cid:1) have still to
respond. For eleven other Member States that have replied the situation is as follows: seven Member States
(Denmark, Germany, Italy, Luxembourg, Netherlands, Austria and Sweden) have comprehensive systems in
place for the recovery of controlled substances both from the coolant circuits and from the insulating foam
used in domestic refrigerators and freezers. On the basis of the information provided three other Member
States (Belgium, Spain and Finland) indicated that recovery systems are partially in place. The United
Kingdom has systems in place for the recovery of controlled substances from the coolant circuits in used
domestic refrigerators and freezers and is now taking steps to ensure that in the near future there will be
facilities available for the recovery of controlled substances from the insulating foam.

Under Article 16(6) of the Regulation, Member States have an obligation to report to the Commission by
31 December 2001 on the systems established to promote the recovery of used controlled substances and
this includes those systems related to the recovery of controlled substances from domestic refrigerators and
freezers. To date the information on the recovery of controlled substances has been requested by the
Commission through a survey.

Given the incomplete results, the Commission is taking the appropriate legal steps to ensure that all
Member States comply fully with Regulation (EC) No 2037/2000.

The Commission’s view is that recovery of controlled substances in both small and large commercial
refrigeration equipment is required under Regulation (EC) No 2037/00.

(1) OJ C 172 E, 18.7.2002, p. 168.
(2) OJ L 244, 24.9.2000.