WRITTEN QUESTION E-3356/02 by Christopher Heaton-Harris (PPE-DE) to the Commission. The Commission's Green paper and Follow-up Communication on Consumer Protection.
Date: 2002-11-27
Institutions: European Parliament, Provisional data
Subjects: EU publication, consumer protection, drafting of EU law, governance, impact study

18.9.2003

EN

Official Journal of the European Union

C 222 E/61

Answer given by Mr Fischler on behalf of the Commission

(6 December 2002)

Council Regulation (EC) No 2561/2001 of 17 December 2001 aiming to promote the conversion of
fishing vessels and of fishermen that were dependent on the fishing agreement with Morocco refers to
Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down detailed rules and
arrangements regarding Community structural assistance in the fisheries sector (1).

Under Regulation (EC) No 2561/2001 it is up to the authorities designated by the Member States to take
action (consonant with Regulations (EC) No 1263/1999 (2) and (EC) No 2792/1999 (3) to select projects
and grant Community aid for them.

At the beginning of the year the Commission paid out an advance of some EUR 37 000 000 and agreed
with the Spanish authorities on regular review of implementation of the measure.

Under Article 87 of the EC Treaty the Spanish authorities referred to the Commission for its approval their
provisions on national co-financing to accompany the Community aid. These were approved in July and
they then began to adopt decisions on submission and approval of projects co-financed under the specific
Morocco scheme introduced by Regulation (EC) No 2561/2001.

The Commission will take stock of the situation with the Spanish authorities at the next meeting of the
monitoring committee on 11 December. A visit by Commission officials to the areas concerned will
follow.

(1) OJ L 337, 30.12.1999.
(2) Council Regulation (EC) No 1263/1999 of 21 June 1999 on the Financial Instrument for Fisheries Guidance (cid:1)

OJ L 161, 26.6.1999.

(3) Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down detailed rules and arrangements

regarding Community structural assistance in the fisheries (cid:1) OJ L 337, 30.12.1999.

(2003/C 222 E/067)

WRITTEN QUESTION E-3356/02

by Christopher Heaton-Harris (PPE-DE) to the Commission

(27 November 2002)

Subject: The Commission’s Green paper and Follow-up Communication on Consumer Protection

On 7 December 2001, Commissioner Byrne made the statement that the Green Paper on Consumer
Protection is designed to form part of the Better Regulation initiative and suggested that the success of the
Green Paper is ‘a test case for the governance and better regulation ideas’.

Subsequently, on 5 June 2002, the Commission adopted a Communication on Impact Assessment as part
of the Better Regulation Package, which defined impact assessment as ‘an integral part of the process of
designing policy proposals and making decision-makers and the public aware of the likely impacts’.

In view of Commissioner Byrne’s statement, could the Commission please confirm that its approach to the
Green Paper and Follow-up Communication on EU Consumer Protection is consistent with the principles
set out in the Commission’s Communication on Impact Assessment?

Answer given by Mr Byrne on behalf of the Commission

(17 December 2002)

its approach in the Green Paper (1) and follow-up
The Commission is pleased to confirm that
Communication (2) is consistent with the principles set out in the Communication on impact assessment
and indeed remains in the vanguard of work on better regulation. The follow-up Communication
committed the Commission to producing an impact assessment report to complement a future proposal

C 222 E/62

Official Journal of the European Union

EN

18.9.2003

for a framework directive on fair commercial practices. The Commission’s work programme for 2003
confirms that an extended impact assessment report will be delivered with a proposal
in the second
quarter of 2003. The Member of the Commission responsible for Health and Consumer Protection also
presented the conclusions of surveys and a study on impact assessment to the Competitiveness Council of
14 November 2002. This study, which will form the basis of the impact assessment that will accompany
the proposal, will be made available on the website of Directorate General Health and Consumer
Protection.

(1) COM(2001) 531 final.
(2) COM(2002) 289 final.

(2003/C 222 E/068)

WRITTEN QUESTION E-3357/02

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

(27 November 2002)

Subject: Daily transit of bin lorries through Macastre (Valencia (cid:1) Spain)

Over a hundred lorries laden with refuse pass through the streets of Macastre every day, heading for the
Dos Aguas tip and causing major problems to the local population, since the refuse is not hermetically
sealed on board the heavy lorries which transport it. Hence there are serious problems of smells, spillage,
noise, etc.

The people of Macastre would not be suffering from these problems if the authorities responsible for
collecting and transporting refuse within the Valencian Metropolitan Area for the Dos Aguas tip were
applying the relevant Community legislation correctly.

One of the purposes of Directives 75/442/EEC (1) and 91/156/EEC (2) on waste is to protect human and
environmental health from the prejudicial effects of collecting, transporting, treating and storing waste.

What steps can the Commission take to guarantee that Community legislation is applied in the above
instance?

(1) OJ L 194, 25.7.1975, p. 39.
(2) OJ L 78, 26.3.1991, p. 32.

Answer given by Mrs Wallström on behalf of the Commission

(16 January 2003)

From the perspective of Community legislation on waste management, it is important to underline that
Council Directive 75/442/EEC of 15 July 1975 on waste as amended (1) stipulates a number of obligations
for Member States in connection with the management of waste, including in relation to the collection and
transportation of waste.

Specifically, Article 4 of the Directive requires Member States to take the necessary measures to ensure that
waste is recovered or disposed of without endangering human health and without using processes or
methods which could harm the environment,
including without causing a nuisance through noise or
odours. Member States are also required under that provision to take the necessary measures to prohibit
the abandonment, dumping or uncontrolled disposal of waste. In addition, Article 8 requires Member
States to ensure that any holders of waste has it handled by a private or public waste collector or recovers
or disposes it himself in accordance with the Directive. Article 12 stipulates that undertakings carrying out
the collection and transport of waste must be registered with competent authorities, where not subject to
authorisation. Finally, Member States are required under Article 13 to carry out periodic inspections of
undertakings engaged in the collection and transportation of waste, with a view to ensuring that the
requirements set out in the Directive are adhered to.