WRITTEN QUESTION E-2195/02 by Marjo Matikainen-Kallström (PPE-DE) to the Commission. Clarification of the definition of waste.
Date: 2002-07-19
Institutions: European Parliament, Provisional data
Subjects: EU programme, competence of the Member States, environmental law, environmental policy, environmental tax, interpretation of the law, natural resources, tax system, waste, waste management

C 28 E/196

Official Journal of the European Union

EN

6.2.2003

(2003/C 28 E/224)

WRITTEN QUESTION E-2195/02

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

Subject: Clarification of the definition of waste

(19 July 2002)

In my written question E-0885/02 (1) I asked the Commission to clarify the definition of waste, so as to
enable firms whose processes result in the creation of by-products to be freed from double taxation. In her
reply, Commissioner Wallström referred to the request for a preliminary ruling on ferrochromium scrap
currently pending before the Court of Justice.

The request for a preliminary ruling currently before the Court of Justice will hopefully lead to the
clarification of the position of scrap metal materials in the directive and thus to a more appropriate
situation with regard to such materials. However, the request for a preliminary ruling relates to scrap and
not to the waste products to which my question referred, and thus does not simplify the current situation
of firms whose processes create waste products.

How does the Commission propose to resolve the problems related to the creation of waste products so
that such products are not taxed twice?

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

Joint answer
to Written Questions E-2170/02 and E-2195/02
given by Mrs Wallström on behalf of the Commission

(5 September 2002)

the Parliament and of

The Decision of
laying down the Sixth Environmental Action
Programme (EAP), as adopted by Council on 11 June 2002 (1), establishes as one of its priority actions
concerning the sustainable use and management of natural resources and wastes clarification of the
distinction between waste and non-waste (2).

the Council

The definition of waste is set out in Article 1a) of Council Directive 75/442/EEC of 15 July 1975 on
waste (3) as amended and constitutes a fundamental component of Community legislation on waste
management. Within the framework of the 6th EAP, the Commission will take steps in the early stages of
the Programme to undertake a review on how best to achieve the task of clarifying the distinction. This
will be done with a view to considering ways, if proven necessary and appropriate, of building upon the
parameters that already exist in both Community legislation and jurisprudence of the European Court of
Justice relating to the definition.

The decision concerning the imposition of a waste tax is a matter exclusively within the competence of
individual Member States. Member States are not required under Community legislation to impose a waste
tax. Therefore, it is for individual Member States, as appropriate, and not the Community to address the
question of double taxation as posed by the Honourable Member.

(1) 2435th Council Meeting (cid:1) Fisheries (cid:1) Luxembourg, 11 June 2002 (C/02/172).
(2) See Article 8(2)(iv) of the adopted Decision.
(3) OJ L 194, 25.7.1975.

(2003/C 28 E/225)

WRITTEN QUESTION E-2176/02

by Kathleen Van Brempt (PSE) to the Commission

(18 July 2002)

Subject: Directives (cid:1) deadlines (cid:1) transposition into national legislation (cid:1) situation in Belgium

More and more national legislation is being enacted by Europe. In the case of directives, the Member States
are required to transpose the provisions into their national legislation by certain deadlines.