WRITTEN QUESTION P-3077/03 by Torben Lund (PSE) to the Commission. Failure to implement Directive 2000/53/EC on end-of-life vehicles.
Date: 2003-10-14
Institutions: European Parliament, Provisional data
Subjects: environmental protection, national implementing measure, vehicle, waste, waste management, waste recycling

C 78 E/460

Official Journal of the European Union

EN

27.3.2004

(2004/C 78 E/0486)

WRITTEN QUESTION P-3077/03

by Torben Lund (PSE) to the Commission

(14 October 2003)

Subject: Failure to implement Directive 2000/53/EC on end-of-life vehicles

A number of Member States are, in far too many cases, too slow to implement EU legislation. It also
happens that EU directives are not implemented properly. This may be due to problems of interpretation
but may also happen in some cases in order to safeguard national interests. The result is often that efforts
to improve the environment are undermined and innovative companies that have adapted to the new
market circumstances are not provided with the conditions they were told to expect.

This being so, will the Commission provide a progress report on implementation of Directive 2000/53/
EC (1)
in the Member States and comment on implementation of the Directive’s provisions on the
dismantling of oil filters and possible ways of preventing the leakage of residues? Does it consider that the
latter provision has been implemented in such a way as to eliminate technical barriers and that companies
from other Member States that have developed the technology (e.g. oil filter bungs) to prevent oil leakages,
etc. are guaranteed genuine free market access?

Has it instituted proceedings against those Member States that have not implemented the Directive
properly and, if so, which ones? When are these countries expected to have implemented the Directive
properly? Is it planning to take further measures to ensure implementation of this Directive and, if so,
what measures?

(1) OJ L 269, 21.10.2000, p. 34.

Answer given by Mrs Wallström on behalf of the Commission

(12 November 2003)

In line with Article 9 of Directive of the Parliament and of the Council of 18 September 2000 on end-of-
life vehicles, the Commission will publish a report on the implementation of this Directive within nine
months of receiving the implementation reports from the Member States. Pursuant to Article 9(1) of the
Directive, the first implementation report to be submitted by the Member States will cover the period of
three years from 21 April 2002.

Article 6 (1) of the Directive requires Member States to take the necessary measures to ensure that all end-
of life vehicles are treated in accordance with the minimum treatment requirements set out in Annex I of
the Directive. Annex I requires, among others, the removal, separate collection and storage of oil. It should
be noted that the Directive addresses the dismantling of oil filters primarily of end-of life vehicles.
As regards waste reused parts of vehicles removed when passenger cars are repaired, Article 5 (1) of the
Directive provides only that Member States shall set up systems for collection as far as technically feasible.

Up to now, twelve Member States (Belgium, Denmark, Germany, Spain, France, Italy, Luxembourg, the
Netherlands, Austria, Portugal, Finland and Sweden) have officially communicated their transposition
measures to the Commission. However,
in the cases of Belgium, France and Finland these measures
represent an incomplete transposition. Therefore the Commission, pursuant to Article 226 of the EC
the national
Treaty, has brought an action before the Court of
transposition measures or for communication of incomplete measures against Belgium (C-2003/345),
Greece (C-2003/246), France (C-2003/331), Ireland (the Commission decision to apply to the Court is
presently being executed), Finland (C-2003/292) and United Kingdom (C-2003/277). Pursuant to Article 10
of the EC Treaty, Member States are expected to take the necessary measures to comply with all the
obligations laid down in the Directive.

Justice for non-communication of

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Official Journal of the European Union

C 78 E/461

The Commission is currently assessing the communicated national transposition measures, including the
transposition of the requirements of Articles 5, 6 and Annex I on their conformity with the Directive.
Therefore, at this moment the Commission has no clear overview of the specificities of the collection and
dismantling systems set up in each Member State. In case of incorrect implementation, the Commission
will address this with the Member State concerned, in line with the powers conferred to it by the EC Treaty.

The Commission regularly discusses the implementation issues related to this Directive with the Member
State experts during the Technical Adaptation Committee meetings established on the basis of Article 18
of Council Directive 75/442/EEC of 15 July 1975 on waste (1).

(1) OJ L 194, 25.7.1975.

(2004/C 78 E/0487)

WRITTEN QUESTION E-3086/03

by Bruno Gollnisch (NI) to the Commission

(20 October 2003)

Subject: Tobacco trade / France

The sharp increases in taxes on manufactured tobacco products in France have transformed the country
within a few months from a place of transit for contraband cigarettes to a place of destination for such
contraband.

Moreover, authorised traders, especially those working in border areas, are having to face competition
from neighbouring countries, where French customers purchase in some cases in excess of their personal
needs. However, these 34 000 tobacconists represent an irreplaceable network of local businesses,
in
particular in rural areas.

Investigations have shown that the trafficking in such products is based essentially in Eastern European
countries, including some future EU Member States. The ease with which contraband products can move
around the EU illustrates the adverse (cid:1) and indeed criminal (cid:1) effects of the absence of checks at internal
borders.

With the prospect of EU enlargement in only a few months:

(cid:1) What does the Commission intend to do to ensure that effective and efficient checks are carried out at

the EU’s external borders?

(cid:1) What action does it intend to take to tackle the unfair competition to which French tobacconists are

subjected, especially in border areas?

Answer given by Mr Bolkestein on behalf of the Commission

(5 December 2003)

Firstly,
it should be noted that the abolition of systematic customs controls at the European Union’s
internal borders has enabled the customs and excise authorities to focus their attention on the EU’s
external borders. The combating of cigarette trafficking is an important priority not only because it is a
source of unfair competition with legitimate trade but also for budgetary reasons both at EU and Member
State level.

lies with the
Responsibility for combating cigarette trafficking at both individual and collective level
Member States. However, where this illegal
the
interests,
trade affects the Community’s financial
Community and the Member States share responsibility (Article 280 of the EC Treaty). The Commission,
through the European Anti-Fraud Office (OLAF), plays an active role in coordinating action by Member
States. OLAF has established a network of operational contacts in the Member States and the candidate and
accession countries to ensure a rapid response in combating cigarette trafficking and the sources of such
trafficking. OLAF also has a specialised department providing follow up for the Member States and
candidate countries.