WRITTEN QUESTION P-2855/03 by Christopher Huhne (ELDR) to the Commission. Biocidal Products Directive.
Date: 2003-09-18
Institutions: European Parliament, Provisional data
Subjects: algae, barley, environmental protection, fodder, marketing, microorganism, plant health legislation, public health

27.3.2004

EN

Official Journal of the European Union

C 78 E/179

(2004/C 78 E/0185)

WRITTEN QUESTION E-2850/03

by Stavros Xarchakos (PPE-DE) to the Commission

(26 September 2003)

Subject: Unsatisfactory performance by building and holiday home cooperatives in Greece

Very strong dissatisfaction is being expressed in Greece by members of building and holiday home
cooperatives who maintain that, having paid annual and lump sum contributions over long periods, they
have not yet obtained building plots. One example of
this is the Medical Staff Summer Property
Cooperative situated in Athens (Odos Rizari 17), founded in 1965 and officially recognised in 1968 by the
Greek Social Affairs Ministry. It has 3090 members. However, after a period of over 35 years its members
(doctors and medical staff) maintain that they have not yet obtained building plots despite payment of
their annual contributions to the cooperative, together with additional lump sum payments amounting to
hundreds of thousands of drachmae each (at early 1980s prices).

What view does the Commission take of the fact that nationals of an EU Member State have for 35 years
or more been paying contributions and subscriptions to a building cooperative without yet obtaining from
it the building plots to which they are entitled? What legal measures can be taken to protect the interests
of the thousands of members of this and other cooperatives which have been collecting subscriptions for
years (or, as claimed by the members of this particular association, for decades) without any building plots
having yet been obtained?

Answer given by Mr Byrne on behalf of the Commission

(11 November 2003)

There is no relevant European legislation covering the situation described by the Honourable Member. The
provisions of Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts
relating to the purchase of the right to use immovable properties on a timeshare basis do not apply to
cooperatives. Timeshare amounts to buying a right to spend a set period of time once a year in a holiday
property for three years or longer. The purchase of a plot in a building or holiday home cooperative does
not limit the enjoyment of this plot to a set annual period of time.

The Commission has no jurisdiction to deal with private matters, such as those raised in the question
asked by the Honourable Member, which, on the basis of the information provided, appears to be a
contractual matter solely for the national authorities concerned.

(2004/C 78 E/0186)

WRITTEN QUESTION P-2855/03

by Christopher Huhne (ELDR) to the Commission

(18 September 2003)

Subject: Biocidal Products Directive

Was it the Commission’s intention in proposing and agreeing the Biocidal Products Directive BPD 98/8/
EC (1) to ban the production of natural products that have been used for many years such as barley straw
matting for clearing algae from domestic ponds? Does the Commission agree with the interpretation of the
UK Health and Safety Executive that barley straw must be covered by the Directive, and that it must
therefore undergo a full analysis of its active ingredients before it can be reintroduced to the market?

C 78 E/180

Official Journal of the European Union

EN

27.3.2004

Is the Commission aware that blue and green algae, which can be toxic, are also controlled by the use of
barley straw by many if not all water utilities? If this product is no longer available, what alternative means
would the Commission propose for controlling toxic algae? Is the Commission aware of the side-effects of
chemical solutions to the control of algae? Will the Commission propose to make any amendments or
exemptions to the directive in light of these problems?

(1) OJ L 123, 24.4.1998, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(14 October 2003)

The Commission would like to inform the Honourable Member that the intention of Directive 98/8/EC of
16 February 1998 concerning the placing of biocidal products on the market, as proposed by the
Commission and adopted by the Parliament and the Council is to guarantee a high level of protection of
human health and the environment from unintentional adverse effects of biocidal products by ensuring
that only sufficiently effective products with no unacceptable effects on target organisms, humans, animals,
or the environment are placed on the market.

The particular question about the treatment of Barley straw in the framework of Directive 98/8/EC has
been brought to the attention of the Commission directly by the company concerned. The Commission is
currently investigating the matter in close co-operation with the competent authorities of all Member
States.

There are a number of rather complicated issues of technical and legal nature at stake. The definition of
‘biocidal product’ and ‘active substance’ in Directive 98/8/EC as adopted by the Parliament and the Council
does not exclude that products and materials of natural origin would be covered by the provisions of the
Directive, as long as the action they exert against harmful organisms is by chemical or biological means.
With the initial information provided not being fully conclusive, further clarification will be necessary
before a final position can be taken, also in order to avoid unwanted effects on non-target organisms.

A great number of other active substances have been notified under Commission Regulation (EC) No 1896/
2000 of 7 September 2000 on the first phase of the programme referred to in Article 16(2) of Directive
98/8/EC of the Parliament and of the Council on biocidal products (1) that could be used for the control of
algae. In line with the provisions of Article 16(2) of the Directive, these will be rigorously assessed with
regard to their risks to human health and the environment in the course of the review programme for
existing active substances. Only substances for which the risks are deemed to be acceptable (including side-
effects on non-target organisms) will be eligible for use in biocidal products to control algae.

(1) OJ L 228, 8.9.2000.

(2004/C 78 E/0187)

WRITTEN QUESTION E-2858/03

by Pierre Jonckheer (Verts/ALE) to the Commission

(26 September 2003)

Subject: Opencast mining in the north of León (Valle de Laciana district, Spain)

Further to the information provided in questions E-1431/03 and E-1432/03 (1) on the Fonfría opencast
mine belonging to Minero Siderúrgica Ponferrada S.A., I would observe: The area is also home to wolves