WRITTEN QUESTION E-1441/03 by Caroline Jackson (PPE-DE) to the Commission. Tyres: application of the Landfill Directive 1999/31/EC.
Date: 2003-04-24
Institutions: European Parliament, Provisional data
Subjects: EU law - national law, Poland, Spain, application of EU law, pneumatic tyre, waste management

27.3.2004

EN

Official Journal of the European Union

C 78 E/715

In 2001, the Commission launched a specific call for TSE research with the objective of filling gaps in the
European TSE research effort. The contents of the call were based on an analysis of all of the research
ongoing in TSEs in Europe at that time. This analysis was performed by the Commission with the help of
independent expert scientists from all Member States. The vast majority of gaps are now being addressed
by projects funded under this call. These include projects investigating the various aspects relating to
bovine spongiform encephalopathy (BSE) in small ruminants.

The areas which were not well addressed in the call related to the relative lack of co-ordination in the
European TSE research effort. This lack of co-ordination can be best addressed by a successful Network of
Excellence, hence a Network is the favoured instrument in Priority V. Nevertheless, the opportunity
remains for an Integrated Project, dedicated to TSE research, to be funded by this Priority, should it be
highly rated by the independent experts who will evaluate all proposals.

Finally, it should also be noted that regarding ‘the incidence of BSE in the various Member States’, the
following website (http://europa.eu.int/comm/food/fs/bse/index_en.html) gives details on the BSE testing
programmes in Member States as provided by Directorate General Health and Consumer Protection (DG
SANCO). The Union is testing all adult bovine animals (above 30 months, with the exception of certain
animals destroyed under the over-thirty-months-scheme (OTMS) in the United Kingdom) at slaughter or
death and the testing programme ensures that all clinical cases are detected and reported. It should,
however, also be noted that if an infected animal dies or is slaughtered before reaching the clinical phase it
may not be detected, due to the limited capacity of the tests to detect pre-clinical cases.

(2004/C 78 E/0763)

WRITTEN QUESTION E-1441/03

by Caroline Jackson (PPE-DE) to the Commission

Subject: Tyres: application of the Landfill Directive 1999/31/EC

(24 April 2003)

The Landfill Directive 1999/31/EC (1) introduces a ban on whole used tyres in landfill starting from July
2003, with a ban on shredded used tyres in landfill starting in July 2006.

1.
In 2001, 74 % of used tyres in Spain were still going to landfill. Can the Commission give an
assurance that it will pursue the Spanish authorities if they fail to meet their obligation under this directive
by the due dates, with particular reference to the July 2003 deadline? What action has the Commission
taken to emphasise to the Spanish Government the importance of meeting the deadline?

In 2001, 69 % of used tyres in Poland went to landfill. Can the Commission state whether the Polish
2.
Government has negotiated a derogation from the relevant part of the directive, or will the deadlines apply
unaltered from the date of accession to the EU?

(1) OJ L 182, 16.7.1999, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(27 May 2003)

Pursuant to Article 5(3)(d) of Directive 1999/31/EC whole used tyres will be banned from landfills as of
16 July 2003 and shredded used tyres as of 16 July 2006.

The Commission is aware that for some Member States the implementation of the ban is a significant
challenge. Most Member States have set up or are setting up systems for the collection of tyres, in order to
divert them from landfills.

C 78 E/716

Official Journal of the European Union

EN

27.3.2004

The Commission has the task of ensuring the correct application of Community law, in the light of the
powers conferred on it by the EC Treaty. As the guardian of the Treaty, it does not hesitate to take all
necessary measures, including infringement procedures under Article 226 of the EC Treaty, in order to
ensure the observance of Community law.

Poland has not requested a transition period with regard to the ban of landfilling used tyres. Thus, Poland
will have to implement the ban by the date of accession.

(2004/C 78 E/0764)

WRITTEN QUESTION P-1450/03

by María Sornosa Martínez (PSE) to the Commission

(16 April 2003)

Subject: Need for urgent intervention (cid:1) plan to extend the port of Altea (Spain)

For more than a year now, numerous complaints and parliamentary questions have been submitted to the
Commission concerning the plan to extend the port of Altea (Spain) with a view to creating a yachting
facility and its implications for the coastline of Alicante province, which is already under severe pressure
from development projects.

The author of this question is grateful for the Commission’s joint reply to her questions P-0769/03 and
E-0775/03 (1), in which it states that it is awaiting information from the Spanish authorities. However, the
project to expand the port has now passed through the various procedures laid down in law, and the work
could soon be completed.

Does the Commission not consider the information provided by the complainants and detailed in the
university reports cited in the above-mentioned questions to be sufficient justification for calling on the
Spanish government to suspend the project until the Commission has completed its investigations?

Does the Commission not believe that the matter calls for urgent intervention on its part, in view of the
potential environment impact of the completion of this project?

Does the Commission not believe that, as a matter of priority, action must be taken to prevent any further
deterioration of the coastline of Alicante province, in view of the present condition of its irreplaceable
posidonia meadows?

(1) OJ C 268 E, 7.11.2003, p. 132.

Answer given by Mrs Wallström on behalf of the Commission

(23 May 2003)

The Commission is not empowered to enjoin Member States to suspend a project which is the subject of
an enquiry. However, within the framework of the procedural rules it must observe, the Commission has
promptly taken all steps to ensure that Community law is complied with in this case.

Correspondence has been exchanged between the Commission and the Spanish authorities and the project
was also discussed at a bilateral meeting in Madrid at the beginning of April this year. The Commission is
now examining the Spanish authorities’ reply. A decision will shortly be adopted on the appropriate action
to be taken.

It should also be noted that the Commission is making every effort to ensure the conservation of the
posidonia meadows as a priority habitat of Community importance, protected under Council Directive 92/
43/EEC (1) of 21 May 1992 on the conservation of natural habitats and of wild flora and fauna.

(1) OJ L 206, 22.7.1992.