WRITTEN QUESTION E-2477/02 by Chris Davies (ELDR) to the Commission. Implementation of legislation.
Date: 2002-09-06
Institutions: European Parliament, Provisional data
Subjects: European Commission, application of EU law, environmental law, infringement procedure (EU), metal waste, national implementing measure, waste management

C 110 E/56

Official Journal of the European Union

EN

8.5.2003

Although the Parliament has no formal role in the formulation of trade policy under the existing Treaties,
it is in accordance with the Framework Agreement of 5 July 2000, regularly briefed on trade policy issues
and consulted on key questions. Furthermore, in keeping with the Commission’s desire to keep Members
fully abreast of developments in the trade policy area, the initial requests to other WTO Members for
improved market access on services have recently been made available to the Committee on Industry,
External Trade, Research and Energy. Given their restricted status, special arrangements have been worked
out with the Parliament to secure the appropriate treatment of these documents.

For the reasons clearly explained in the recent reply by the Member of the Commission responsible for
Trade to an open letter from non-governmental organisations (NGOs) regarding the services negotiations
(cid:1) also available on the Commission’s (DG Trade’s) web site (cid:1), that although the Commission intends to
be as transparent as possible with all stakeholders,
it has no intention of making the initial requests
available to the general public.

(1) http://europa.eu.int/comm/trade/wto_overview/index_en.htm.

(2003/C 110 E/059)

WRITTEN QUESTION E-2477/02

by Chris Davies (ELDR) to the Commission

(6 September 2002)

Subject: Implementation of legislation

The Commission recently confirmed that not one single Member State had informed it by the due date
that the End-of-Life Vehicle Directive 2000/53/EC (1) had been transposed into national legislation, and that
letters were accordingly being sent to every Member State about this matter.

On what other occasions has the Commission been forced to initiat infringement proceedings against
every single Member State?

Given that the failure of any Member State to comply with the requirements of the End-of-Life Vehicles
Directive in accordance with the legislative timetable makes the entire EU legislative process look like a
complete farce,
is it the intention of the Commission to enter this issue on the agenda of the next
Environment Council (or of any other Council)? If not, why not?

Why has the Commission indicated, when answering my previous questions about this matter, that,
despite the comprehensive failure of Member States to comply with the legislative timetable, it is not
proposing to seek to enhance its enforcement procedures?

(1) OJ L 269, 21.10.2000, p. 34.

Answer given by Mrs Wallström on behalf of the Commission

(25 October 2002)

The Commission has already had occasion to institute infringement proceedings against all the Member
States for failure to communicate the national measures transposing other directives. It would refer the
Honourable Member to the reports on monitoring the application of Community law which it sends to
Parliament each year (1), and in particular Annex IV thereof.

The EC Treaty provides the Commission with the competences necessary to ensure that Community law is
properly observed by Member States. To this end, the EC Treaty lays down fundamental rules for
infringement procedures against Member States (Articles 226 and 228 in particular). A number of
substantial and procedural requirements have been developed by the jurisprudence of the European Court
of Justice.

8.5.2003

EN

Official Journal of the European Union

C 110 E/57

Whenever Member States fail to communicate transposition measures for Community legislation in time,
the Commission automatically institutes
the
Commission used these competences by promptly sending Member States a letter of formal notice for
non-communication of transposition measures.

In the case in question,

infringement proceedings.

Five Member States have now sent the Commission their measures transposing Directive 2000/53/EC of
the European Parliament and of the Council of 18 September 2000 on end-of life vehicles (2). Two other
Member States have either transmitted draft legislation informing the Commission that they are on the
point of adopting it or indicated that the transposition will be completed in the coming weeks. Reasoned
opinions have been sent to those Member States that have not yet communicated transposition measures.

The Commission assures the Honourable Member that, as for all Community legislation, it will continue
using its powers in order to ensure that Member States fulfil their obligations under Directive 2000/53/EC.
Should certain Member States persist in not implementing Directive 2000/53/EC, the Commission will
take all necessary measures, including those provided for in Articles 226 and 228 of the EC Treaty, in
order to rectify this situation.

The Commission continuously aims to improve the overall effectiveness of its enforcement procedures.
However, this may only be done within the framework of the fundamental rules as set out in the EC
Treaty and as developed in the jurisprudence of the Court of Justice.

(1) 18th Annual Report on monitoring the application of Community law (2000) (COM(2001) 309 final) available on

the Commission’s Europa site:
http://europa.eu.int/comm/secretariat_general/sgb/infringements/18report_2000_en.htm19th Annual Report on
monitoring the application of Community law (2001)
(COM(2002) 324 final) available on the Commission’s
Europa site: http://europa.eu.int/comm/secretariat_general/sgb/infringements/19report_2001_en.htm.

(2) OJ L 269, 21.10.2000.

(2003/C 110 E/060)

WRITTEN QUESTION E-2481/02

by Chris Davies (ELDR) to the Commission

(6 September 2002)

Subject: Tuna stocks

Is the Commission aware of the recent report by the Worldwide Fund for Nature (WWF) in which it is
alleged that wild bluefin tuna are being fished out in of the Mediterranean Sea, and, potentially, in the
Atlantic as well, because of the activities of organisations based in Spain, Italy, France, Greece and Turkey
which are catching the tuna for fattening in offshore cages?

The WWF report alleges that some of these organisations are receiving EU funds to promote aquaculture
but that they do actually nothing to breed or rear fish in captivity.

The report also alleges that Spain is exceeding its allocated quota of Atlantic Tuna catch and failing to
report the actual amount.

Does the Commission accept the accuracy of the concerns expressed by WWF, and what action is it
taking, or does it intend to take, to ensure that fishing of Atlantic Tuna takes place only at sustainable
levels so as to ensure the long-term survival of stocks?

Answer given by Mr Fischler on behalf of the Commission

(18 October 2002)

The Commission is well aware of the WWF’s report. Fattening tuna in cages is a practice that has
expanded in the Mediterranean in recent years.