WRITTEN QUESTION E-3866/02 by Pasqualina Napoletano (PSE) to the Commission. Appointments to the European Monitoring Centre for Drugs and Drug Addiction.
Date: 2003-01-10
Institutions: European Parliament, Provisional data
Subjects: European Monitoring Centre for Drugs and Drug Addiction, appointment of staff, competence of the Member States, operation of the Institutions, scientific committee (EU)

18.9.2003

EN

Official Journal of the European Union

C 222 E/119

Some ecological and local residents’ groups have already expressed their concern at this method of dealing
with the fuel collected, since the furnaces used to manufacture the bricks are producing large columns of
strong-smelling and probably toxic smoke which could affect neighbouring communities if it is not
properly treated.

Can the Commission guarantee that activities linked to processing fuel from the Prestige are being carried
out in accordance with the rules laid down by Community legislation for such cases?

What action will the Commission take to guarantee that waste from the Prestige is managed properly, in a
way which will not pose fresh risks to the environment in the form of atmospheric pollution, or any threat
to the health of people living nearby?

Answer given by Mrs Wallström on behalf of the Commission

(11 February 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 key
obligations for Member States in connection with the management of waste, which includes materials that
have been spilled, lost or have undergone other mishap (2) such as the fuel oil from the Prestige oil tanker.

Specifically, Article 4 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. In particular, this must be done without risk to water, air, soil and
plants and animals, without causing a nuisance through noise or odours and without adversely affecting
the countryside or places of special interest. In addition, Member States are specifically required under that
provision to take the necessary measures to prohibit the abandonment, dumping or uncontrolled disposal
of waste. Furthermore, Articles 9 and 10 specify that waste disposal and recovery operators must obtain a
permit from the relevant national competent authority. In addition to Directive 75/442/EEC, Member
States must also comply with the provisions set out in Council Directive 1999/31/EC of 26 April 1999 on
the landfill of waste (3) and Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (4)
which includes discarded heavy fuel oil (5). Individual Member States are responsible for implementing
these Community obligations.

The Commission is not aware of grounds to suggest that methods used to deal with the fuel oil from the
Prestige in Galicia are in contravention of Community rules. However, if the Honourable Member or any
other person has any grounds to consider that specific Community obligations have been infringed, it is
open to them to file a formal complaint with the Commission. Under Article 211 EC, the Commission has
the duty to ensure that the provisions of the European Community Treaty and the measures taken by its
institutions are applied.

(1) OJ L 194, 25.7.1975, as amended by Council Directive 91/156/EEC (cid:1) OJ L 78, 26.3.1991 and Commission

Decision 96/350/EC (cid:1) OJ L 135, 6.6.1996.

(2) See entry Q4 of Annex I to Directive 75/442/EEC, as amended.
(3) OJ L 182, 16.7.1999.
(4) OJ L 377, 31.12.1991.
(5) See hazardous waste entry ‘13 07 01* fuel oil and diesel’ in Commission Decision 2000/532/EC of 3 May 2000 (cid:1)
OJ L 226, 6.9.2000 (cid:1) as amended by Commission Decision 2001/119/EC of 22 January 2001 (cid:1) OJ L 47,
16.2.2001 (cid:1) which provides a consolidated Community list of wastes.

(2003/C 222 E/139)

WRITTEN QUESTION E-3866/02

by Pasqualina Napoletano (PSE) to the Commission

(10 January 2003)

Subject: Appointments to the European Monitoring Centre for Drugs and Drug Addiction

On 12 April 2002 Dr Carlo Perucci, then a member of the EMCDDA Scientific Committee, was informed
by the Italian Ministry of Labour and Social Affairs that he was being relieved of his duties as of April
2002.

C 222 E/120

Official Journal of the European Union

EN

18.9.2003

Nevertheless Dr Perucci continued to be summoned regularly to meetings of the Scientific Committee until
November 2002.

In December 2002 he was considered as no longer holding office and was replaced seven months before
the end of his term of office,

In view of the fact that the term of office of members of the EMCDDA Scientific Committee is three years
and can be renewed, does the Commission not consider that the early termination of Dr Perucci’s
appointment constitutes an infringement of that principle?

Answer given by Mr Vitorino on behalf of the Commission

(10 February 2003)

Under Article 10 of Council Regulation (EEC) No 302/93 of 8 February 1993 on the establishment of a
European Monitoring Centre for Drugs and Drug Addiction, the Scientific Committee of that Centre
consists of one representative from each Member State appointed for a three-year period.

Since the Member States appoint the members of the Scientific Committee, they may also relieve them of
their duties.

The Commission cannot legally intervene in the composition of the Scientific Committee or in the
appointment of Member States’ representatives.

(2003/C 222 E/140)

WRITTEN QUESTION E-3887/02

by Theodorus Bouwman (Verts/ALE), Bartho Pronk (PPE-DE)
and Stephen Hughes (PSE) to the Commission

Subject: Protection against exposure to asbestos

(13 January 2003)

1.
Given that the amended Directive 83/477/EEC, when adopted by the Council, will bring about
substantial improvements in the protection of workers against asbestos-related risks, but that it falls short
in protecting the wider environment and preventing exposure to asbestos outside the immediate
workplace, is the Commission prepared to consider what initiatives could be taken at European level to
minimise exposure to asbestos affecting those living and working around sites and buildings containing
asbestos and the environment as a whole?

2.
Is the Commission prepared to take appropriate steps in order to establish whether national registers
of sites and buildings containing asbestos would be a useful instrument (a) in determining the extent of the
problem of potential asbestos contamination, and (b) in connection with precautionary measures to be
taken in the event of disasters?

3.
Has the Commission taken note of the fact that there are strong indications that asbestos-polluted
waste originating from the Netherlands has been ‘illegally’ dumped in Belgium? If so, what measures can
the Commission take to end this practice?

Answer given by Mrs Wallström on behalf of the Commission

(12 March 2003)

The proposal for a Directive (1) amending Council Directive of 19 September 1983 on the protection
1.
of workers from the risks related to exposure to asbestos at work (2) contains provisions to prevent the
spread of asbestos dust at the workplace. Obviously, such measures also help prevent asbestos being
released into the environment, thus boosting the protection of people working and living in the vicinity.