WRITTEN QUESTION E-2134/03 by Margrietus van den Berg (PSE) to the Council. Deployment of an EU force in Congo.
Date: 2003-06-26
Institutions: European Parliament, Provisional data
Subjects: Democratic Republic of the Congo, UN Security Council, UNO, military intervention, multinational force

C 51 E/204

Official Journal of the European Union

EN

26.2.2004

(cid:1) secondly, from 1 March 2001, waste subject to mechanical and biological treatment may be
landfilled at existing sites until 15 July 2009 at the latest, or even beyond that date in certain
cases, only if the organic content of dry residue of the original substance is no more than 18 % by
mass, expressed as TOC, and the biodegradability of the dry residue of the original substance is
no more than 5 mg/g, expressed as aerobic activity (AT4), or 20 l/kg, expressed as the gas
formation rate in the fermentation test (GB21);

(cid:1) complies with the reduction targets laid down in Article 5(2) of the Landfill Directive, having

regard to the Community principle of proportionality.

(cid:1) With question 2 (b), the national court wants to know whether, under the Community principle of
proportionality, there is a wide or a narrow margin of discretion in assessing the impact of overlaying
waste that has not been treated prior to landfill with waste that has been pre-treated by thermal or
mechanical and biological processes. Moreover, the court asks whether the principle of proportionality
permits hazards caused by waste pre-treated by mechanical processes alone to be offset by other
safeguards.

According to the Commission, the questions have to be answered as follows:

(cid:1) Article 5(1) and (2) of Directive 1999/31/EC on the landfill of waste have to be interpreted in a way
as to allow a national provision, such as the German Regulation on the Environmentally Sound
Deposit of Municipal Waste of 20 February 2001, to lay down limit values regarding the quantity of
biodegradable municipal waste and waste that can be disposed as such destined for landfill, even if
these limit values may only be achieved by means of mechanic-biological treatments or incineration,
and if they lead to the fact that, depending on the type of waste concerned, no more biodegradable
waste of the said category may be landfilled from 2001, or 2005, onwards.

(cid:1) A national provision such as the one in question goes beyond the requirements of the Directive and is
hence a stricter protection measure according to Article 176 of the EC Treaty. The Community
principle of proportionality does not apply to such a measure.

The Commission is not aware of the possibility under German legislation to continue accepting waste that
does not fulfil the acceptance criteria for a period of three years after 2005. If such a possibility were to be
given, Germany would have to notify the Commission of this change and of the measures taken to ensure
that the targets set in Article 5(2) of Council Directive 1999/31/EC, in particular the target for the year
2006, are achieved.

(2004/C 51 E/225)

WRITTEN QUESTION E-2134/03

by Margrietus van den Berg (PSE) to the Council

(26 June 2003)

Subject: Deployment of an EU force in Congo

Endorsing the Council’s decision of 5 June 2003 concerning Congo, a number of
international
organisations have pointed out that the mandate is too limited (geographically) and too short (expiring
on 1 September).

Will the Council draw the attention of the United Nations Secretary-General and the Security Council to
the desirability of a fresh mandate in respect of these two points?

Reply

(13 October 2003)

The UNSC in its Resolution 1484 (2003) authorised the deployment until 1 September 2003 of an Interim
Emergency Multinational Force in Bunia. It was stressed that this force is to be deployed on a strictly

26.2.2004

EN

Official Journal of the European Union

C 51 E/205

temporary basis to allow the UNSG to reinforce the presence of the United Nations Organisation Mission
in the Democratic Republic of the Congo (MONUC) in Bunia. Answering to this call from the UNSC, the
Council of the EU on 5 June 2003 decided to conduct a EU military operation in the DRC, named
Artemis, in accordance with the mandate set out in UNSCR 1484(2003).

The mandate, limited geographically and in time, is thus designed to stabilise the situation in Bunia until
the UNSG can deploy a reinforced UN presence to Bunia by mid-August 2003. The discussion of such a
deployment of a reinforced MONUC, both in terms of manpower and mandate, is taking place in the
UNSC for the moment with the active support of EU Member States sitting in the SC. MONUC’s mandate
already covers the whole of the DRC.

(2004/C 51 E/226)

WRITTEN QUESTION P-2137/03

by Marco Cappato (NI) to the Council

(19 June 2003)

Subject: Declaration by Umberto Bossi, the Italian Minister for Institutional Reform, on immigration policy

On 16 June 2003, Umberto Bossi, the Italian minister for Institutional Reform, publicly stated that ‘Illegal
immigrants should be thrown out, full stop. Only people with employment contracts should be allowed in.
Out with the rest. There comes a time when one has to use force. The navy and Guardia di Finanza should
line up to defend our shores and use the gun.’ On the same occasion, Mr Bossi specified that ‘After the
second or third warning, that should be it … bang. No more mincing words. Just shoot whoever they are.
Otherwise we will never see the end of it.’

In view of the principles underlying the European common immigration and asylum policy, let alone the
rights and fundamental freedoms laid down in Articles 6 and 7 of the Treaty on European Union, does the
Council not feel, especially in consideration of Italy’s Presidency of the EU, that the Italian Government
should be asked to clarify whether the statements on immigration policy made by one of its members
represent that government’s position?

Reply

(13 October 2003)

It is not for the Council to express a view on public statements made by a member of the government of a
Member State.

(2004/C 51 E/227)

WRITTEN QUESTION P-2142/03

by Adriana Poli Bortone (UEN) to the Commission

Subject: Accident at the Ilva Taranto plant (Italy)

(20 June 2003)

A few days ago, two young men aged 24 and 27 died following an accident at the Ilva Taranto plant
(Puglia, Italy).

Can the Commission state whether it intends to carry out an inquiry into the causes of this tragic event at
this plant belonging to the Riva group, with a view, notably, to ascertaining what workplace safety
measures were in place there?