WRITTEN QUESTION E-2935/03 by Monica Frassoni (Verts/ALE)and Guido Sacconi (PSE) to the Commission. Inclusion of waste among the energy sources coming under the arrangements applying to renewable energy sources.
Date: 2003-10-06
Institutions: European Parliament, Provisional data
Subjects: State aid, application of EU law, biodegradability, bioenergy, electrical energy, energy production, renewable energy, single market, waste management

27.3.2004

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Official Journal of the European Union

C 78 E/191

unusually frequent and have affected an unusually wide area. Enormous damage has also been caused both
to the natural environment and the economy. It was only by deploying large numbers of personnel, and
thanks to the help of numerous volunteers, that the fires were able to be brought under control.
Discussions on the possibility of promoting the use of voluntary fire services date back to 1996.

To what extent is expansion of voluntary fire services, such as already exist in the South Tyrol, Austria and
Germany, planned? Is such expansion also supported in Mediterranean countries?

Answer given by Mrs Wallström on behalf of the Commission

(30 October 2003)

The Commission fully agrees with the Honourable Member regarding the role and the importance of
volunteers and non-governmental organisations (NGOs) involved in the field of civil protection.

It appreciates the great work done by voluntary fire-fighters during the summer facing the overwhelming
fires, especially in the southern Member States.

Already in 2002 a Union project on the role of non-governmental volunteers in the field of civil
protection was finalised. This was conducted within the framework of
the civil protection action
programme (1). (Its results can be accessed on the website of the civil protection unit within Directorate
General Environment: http://europa.eu.int/comm/environment/civil/).

The project aimed at
identifying the civil protection structure in the Member States and how the
competent authorities could best benefit from NGOs or volunteers experience while including them in the
civil protection system.

In the present action programme the Commission foresees for next year an activity to raise the awareness
for volunteering in civil protection, obviously including the sector of volunteer fire fighting.

Finally, the Commission is open to any kind of initiative in this field, taking duly into account the principle
of subsidiarity.

(1) Council Decision 1999/847/EC of 9 December 1999 establishing a Community action programme in the field of

civil protection, OJ L 327, 21.12.1999.

(2004/C 78 E/0198)

WRITTEN QUESTION E-2935/03

by Monica Frassoni (Verts/ALE)
and Guido Sacconi (PSE) to the Commission

(6 October 2003)

Subject: Inclusion of waste among the energy sources coming under the arrangements applying to

renewable energy sources

Article 2(a) of Directive 2001/77/EC (1) on the promotion of electricity produced from renewable energy
sources in the internal electricity market states that the term ‘renewable energy sources’ covers, among
other things, ‘biomass’. Article 2(b) defines biomass as ‘the biodegradable fraction of products, waste and
residues from agriculture (including vegetal and animal substances), forestry and related industries, as well
as the biodegradable fraction of industrial and municipal waste’.

Article 15 (inclusion of waste among the energy sources coming under the arrangements applying to
renewable energy sources) of the draft Presidential Decree incorporating into national law Directive 2001/
77/EC on the promotion of electricity produced from renewable energy sources in the internal electricity
market, which is currently in the process of being adopted in Italy, provides that waste, including the non-
biodegradable fraction, will come under the arrangements applying to renewable energy sources.

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Official Journal of the European Union

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27.3.2004

Although the final deadline for the directive’s incorporation into national law is 27 October 2003, in its
Inter-Environnement Wallonie ruling the Court of Justice confirmed that during the period between the
adoption of a directive and the deadline for its transposition Member States must refrain from taking any
measures liable to undermine the directive’s objectives.

Given the above, can the Commission confirm:

1.

that Directive 2001/77/EC applies solely to the biodegradable fraction of waste?

2.

3.

4.

5.

that, in particular, the incentive system established therein applies solely to the biodegradable fraction
of waste?

that national transposition measures which include the non-biodegradable fraction of waste among
renewable energy sources for the purposes of Directive 2001/77/EC (as regards at least some of its
provisions such as, in this instance, eligibility for the incentives laid down for renewable sources) are
contrary to the directive’s provisions?

that national arrangements seeking to make the non-biodegradable fraction of waste eligible for
support under the scheme set up by the national authorities in accordance with Directive 2001/77/EC
are, in addition to being contrary to the directive’s provisions, in breach of the Treaty, with particular
reference to Articles 87 and 88 thereof?

that also covers the non-
that national arrangements involving non-differentiated support
biodegradable fraction) for the incineration of waste on the basis of the principles laid down in
Directive 2001/77/EC are not compatible with the Community waste management strategy set out in
the Commission communication of 30 July 1996 (2), on which Directive 2001/77/EC is based?

(i.e.

(1) OJ L 283, 27.10.2001, p. 33.
(2) COM(96) 399 final.

Answer given by Mrs de Palacio on behalf of the Commission

(20 November 2003)

The Commission confirms that the non-biodegradable fraction of waste is not regarded as a renewable
energy source according to the definition in Article 2(b) in Directive 2001/77/EC of the Parliament and of
the Council of 27 September 2001 on the promotion of electricity produced from renewable energy
sources in the internal electricity market (1).

The Directive has as a main purpose to promote an increase in the contribution of renewable energy
sources to electricity production. However, the Directive does not establish a renewable energy support
system. The Commission shall present not later than October 2005 a report on the different support
systems existing in Member States and this report, if necessary, will be accompanied by a proposal for a
Community framework with regard to support schemes, such as green certificates, for electricity produced
from renewable energy sources.

Concerning its provisions on the eligibility for the incentives laid down for renewable sources of energy,
Directive 2001/77/EC simply indicates that support should be granted ‘without prejudice to Article 87 and
88 of the Treaty’. National legislation that includes non-biodegradable waste amongst renewable sources of
energy must therefore be in line with the Community State aid rules on environmental matters, which are
laid down in the Community guidelines on State aid for environmental protection (2).

It is clear that the specific provisions of the guidelines concerning aid to renewable sources of energy
(points E.1.3 and E.3.3 of the environmental guidelines) can only apply if these renewable sources are
defined in accordance with Article 2 of Directive 2001/77/EC (see point 6 and footnote 7 of
the
environmental guidelines). These provisions are therefore not applicable to aid for the production of
electricity from non-biodegradable waste. However, this type of aid could be in line with the provisions of
the environmental guidelines applicable to operating aid to promote waste management (Point E.3.1 of the
guidelines).

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The objective of Directive 2001/77/EC has to be seen together with the waste management principles laid
down in the Community waste strategy. National arrangements involving non-differentiated support
(i.e. that also covers the non-biodegradable fraction) for the incineration of waste need to demonstrate that
they do not run counter the principle of waste prevention and do not hinder waste re-use and recycling.

The Commission will carefully analyse the laws, regulations and administrative provisions which will be
brought into force by Member States to comply with Directive 2001/77/EC.

(1)

‘Biomass’ shall mean the biodegradable fraction of products, waste and residues from agriculture (including vegetal
and animal substances), forestry and related industries, as well as the biodegradable fraction of industrial and
municipal waste.
(2) OJ C 37, 3.2.2001.

(2004/C 78 E/0199)

WRITTEN QUESTION E-2943/03

by Erik Meijer (GUE/NGL) to the Commission

(8 October 2003)

Subject: European taxpayers’ contribution to promoting and maintaining bullfighting and other local

traditions involving cruelty to animals

1.
Is it possible that monies granted from the EU structural or cohesion funds to strengthen regional
economies can be used to support the breeding of bulls especially for bullfighting or that some funds from
the common agricultural policy can be allocated to providing an affordable range of feedingstuffs for bulls
that are not bred for meat production but are specifically selected and even registered from birth for
bullfighting?

Has the Commission an overview of the amounts from the regional

2.
funds and the common
agricultural policy, in particular the special premium for bull calves, which might have been used over the
period 1993-2002 to promote and maintain bullfighting? If so, what were the absolute amounts and the
relative percentages?

Is the Commission aware of other cases,

3.
in addition to bullfighting in Spain, Portugal and the
southern coast of France, in which EU funds are made available to maintain local cultural traditions that
are considered repugnant and criminal offences involving cruelty to animals by citizens elsewhere in
Europe, such as bullfighting, cockfighting and rodeos?

4. What means does the Commission have within the current rules for ensuring that no EU funds are
used for such controversial purposes, irrespective of whether or not legislation and public opinion in the
Member States concerned permits such activities as cultural traditions?

5.
If the means referred to in paragraph 4 are inadequate, is the Commission prepared to take steps to
introduce further measures to require beneficiaries of EU funds to give a prior guarantee that no monies
whatsoever will be used for the preparation, advertising or organisation of fighting involving animals and
that, if such an assurance is not provided, the subsidies concerned will be withheld?

Answer given by Mr Fischler on behalf of the Commission

(19 November 2003)

As a general rule, the Commission would like to point out that there is no specific Community legislation
on the issue raised by the Honourable Member. Areas covered by Community legislation only concern
animal welfare on the farm, slaughter of animals, conditions for transporting them and animals used in the
laboratory. As the issue remains with the Member States competence, the Commission underlines that
there is no all-embracing definition of animal cruelty currently accepted for all purposes by the Member
States.