WRITTEN QUESTION E-2168/02 by Laura González Álvarez (GUE/NGL) to the Commission. Application of Directive 1999/30/EC by the Spanish authorities.
Date: 2002-07-18
Institutions: European Parliament, Provisional data
Subjects: Spain, action for failure to fulfil an obligation, air quality, dangerous substance, environmental law, infringement procedure (EU), national implementing measure

C 28 E/194

Official Journal of the European Union

EN

6.2.2003

How does the Commission assess this situation? Will the Commission take any initiative with a view to
banning the use of encircling nets to catch bonito in Cantabrian waters?

Answer given by Mr Fischler on behalf of the Commission

(22 August 2002)

The Commission is aware of the activities of the Belize-registered vessel ‘Albatros II’ fishing for albacore
tuna in the International Commission for the Conservation of Atlantic Tunas’ (ICCAT) Convention Area.

Spanish authorities have informed the Commission of the sighting of the vessel ‘Albatros II’ on the high
seas. The vessel was fishing in contravention of ICCAT conservation measures notably using driftnets. The
Commission have asked ICCAT Secretariat to circulate this information amongst all Contracting Parities of
the Convention.

Furthermore, the Commission has been informed by the Scottish Sea Fishery Protection Agency (SFPA) of
the attempt of ‘Albatros II’ to land her catches in the port of Lochinver (Scotland) last 26 July 2002. SFPA
permitted the port call of the ‘Albatros II’ for refuelling but denied permission to land its albacore tuna.
SFPA passed the information regarding the vessel’s departure with the fish still on board to the Irish
authorities.

The Commission is aware that the enforcement of the driftnet ban is encountering problems in some areas.
the Commission is committed to a strict enforcement of the current ban and, whenever
However,
infringements of Community law are discovered, proper action will be taken against the Member States
concerned.

Encircling gears are usually quite selective because the catch is visible before the nets are handed in. In the
absence of scientific advice recommending a ban on encircling gears for tuna fisheries, the Commission
has no intention to take any action to prohibit the use of encircling gear targeting albacore tuna.

(2003/C 28 E/222)

WRITTEN QUESTION E-2168/02

by Laura González Álvarez (GUE/NGL) to the Commission

(18 July 2002)

Subject: Application of Directive 1999/30/EC by the Spanish authorities

The Spanish Government was condemned by the Luxembourg Court for failing adequately to transpose
Directive 96/62/EC (1) on air quality. The deadline for transposition into national law of Directive 1999/
30/EC (2),
laying down limit values for various pollutants in line with the current state of scientific
knowledge, expired on 19 July 2001. The Spanish Government, in keeping with its standard practice,
failed to meet the deadlines. The initial data available are alarming. The Madrid Council has acknowledged
that average levels of NO2 pollution reached 63 mg/m3 in 2001, a level which exceeded the limit values
set and affected a city of almost 3 million inhabitants. Areas around many of Spain’s thermal power
stations have levels of various pollutants which far exceed the limit values laid down in this Directive.

What measures will the Commission take in view of this worrying situation? What information does it
have on the subject?

(1) OJ L 296, 21.11.1996, p. 55.
(2) OJ L 163, 29.6.1999, p. 41.

6.2.2003

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Official Journal of the European Union

C 28 E/195

Answer given by Mrs Wallström on behalf of the Commission

(11 September 2002)

the Spanish authorities comply with the
The Commission has taken various steps to ensure that
Community environment directives relating to air. In this respect, it has instituted various infringement
proceedings in accordance with Article 226 of the EC Treaty.

(the Air Quality Framework Directive),

With regard to Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and
management
infringement
proceedings against Spain, as part of which it brought an infringement action before the Court of Justice
of the European Communities. The Court gave a ruling in its judgment of 13 September 2001 in Case
C-417/99, in which it indicated that by failing to adopt within the prescribed period the laws, regulations
and administrative provisions necessary to designate the competent authorities and bodies referred to in
the first paragraph of Article 3 of Council Directive 96/62/EC, Spain had failed to fulfil its obligations
under that Directive.

the Commission instituted initial

Following this ruling, the Spanish authorities adopted the Resolution of 23 January 2002 of the Ministry
of the Environment’s Technical Secretariat General, containing a list of the competent authorities and
bodies responsible for implementing Directive 96/62/EC, in accordance with Article 3 thereof, at central
administration and autonomous community level. The Resolution was published on 1 February 2002 in
the official State gazette.

The Commission recently instituted new infringement proceedings for failure to transpose other provisions
of Directive 96/62/EC, as part of which it has just sent a reasoned opinion to the Spanish Government.

With regard to Council Directive 1999/30/EC of 22 April 1999 relating to limit values for sulphur
dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air (first daughter
directive), the Commission has instituted infringement proceedings for failure to communicate the national
measures transposing the Directive into Spanish law. The deadline for transposition was 19 July 2001. As
part of these proceedings, the Commission recently decided to bring an infringement action against Spain
before the Court of Justice.

The Commission hopes the aforementioned initiatives will help resolve any specific problems, such as
those the Honourable Member refers to in her written question.

(2003/C 28 E/223)

WRITTEN QUESTION E-2170/02

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

Subject: Timetable for clarifying the definition of waste

(18 July 2002)

In her reply to written question E-0885/02 (1), Commissioner Margot Wallström states that the Sixth
Environmental Action Programme calls for clarification of the legislative distinction between waste and
non-waste. Within the context of the Programme, she says, the Commission will take steps to undertake a
review on how best to achieve this task.

The definition of waste ought to be clarified as soon as possible, so that enterprises which put by-products
from their processes to good use are no longer disadvantaged by the existing economically undesirable
situation. UNICE (the Union of Industrial and Employers’ Confederations of Europe) is among those who
have noted this problem and taken an initiative with regard to it.

When will the Commission take steps to clarify the definition of waste?

(1) OJ C 229 E, 26.9.2002, p. 155.