WRITTEN QUESTION E-3545/03 by Alexander de Roo (Verts/ALE), Karl-Heinz Florenz (PPE-DE) and Chris Davies (ELDR) to the Commission. Transposition of the directive on waste electrical and electronic equipment (WEEE) in France.
Date: 2003-11-28
Institutions: European Parliament, Provisional data
Subjects: France, electrical equipment, electronic equipment, electronic waste, environmental protection, national implementing measure, waste management, waste recycling

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27.3.2004

In view of the Israeli revelations, the German authorities have apparently already begun their own
investigations of Humana Milchunion and the consumers its supplies.

The Commission:

(cid:1) What information does it have as to the continued presence of this product on the European market?

(cid:1) What measures has it taken or will it take to alert consumers to the possible risks they may be
running, with particular reference to Jewish communities in which consumption of products of this
kind is standard practice?

(cid:1) What contact has it established with the Israeli Government and the companies in question?

Answer given by Mr Byrne on behalf of the Commission

(16 January 2004)

The Commission has received information from the German food authorities that the product concerned
was exported only to Israel.
the Commission contacted the Israeli authorities via the
Commission Delegation in order to obtain from them information regarding possible redistribution of the
product from Israel to Member States.

In addition,

On the basis of this information the Commission has no indication that the product concerned was ever
present on the Community market.

Even though the product concerned was not distributed in the Union, the Commission informed the
Member States of this issue, thus allowing them to take the appropriate measures to inform consumers if
necessary.

(2004/C 78 E/0300)

WRITTEN QUESTION E-3545/03

by Alexander de Roo (Verts/ALE), Karl-Heinz Florenz (PPE-DE) and Chris Davies (ELDR) to the
Commission

(28 November 2003)

Subject: Transposition of the directive on waste electrical and electronic equipment (WEEE) in France

France is the first EU country that has prepared an ‘official’ draft of the WEEE transposition. An English
translation has been provided by the Ministry of Ecology and Sustainable Development. The intention is to
have a final text in December.

Unfortunately this draft deviates from the WEEE Directive (2002/96/EC (1)) in many aspects, most notably
on the individual producer responsibility for future products. Instead a collective responsibility is proposed.

Please compare the WEEE directive Article 8.2:
‘For products put on the market later than 13 August
2005, each producer shall be responsible for financing the operations referred to in paragraph 1 relating to
the waste from his own products’with this wording of Article 15 of the French draft decree: ‘The producers
having put the household electric and electronic equipments on the market during the current year assure
the financing of the obligations which fall to them the same year in conformance with Articles 21-25 of
the present decree for the household electric and electronic equipments. These obligations are distributed
between the producers by type of equipments such as listed in the order mentioned in the 1st article, in
proportion to the household electric and electronic equipments launched on the market during the current
year.’ This is a very similar formulation as for historical waste in the WEEE directive (Article 8.3).

The French draft gives companies the possibility of setting up their own recycling operations, but a
possibility for a certain recycling set-up is NOT a legal producer responsibility. Apart from the drawbacks
of collective responsibility, a situation would occur where companies would not have to make reservations
and guarantees for products sold in France, but would need to make reservations and give guarantees for

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products sold in other countries (e.g. Germany) where an individual producer responsibility has been
introduced according to the directive. This would distort the common market. Another major deviation is
a requirement for a mandatory fixed visible fee (Article 16), whereas the WEEE directive (Article 8.3) says it
should be possible for producers to decide if they want to show the cost.

Is the European Commission prepared to point out to the French Government that they are on the wrong
track?

Is the Commission aware that there is a significant risk that other Member States will be tempted to follow
the French example?

(1) OJ L 37, 13.2.2003, p. 24.

Answer given by Mrs Wallström on behalf of the Commission

(13 January 2004)

to Article 17 of Directive 2002/96/EC (1) Member States shall bring into force the laws,
Pursuant
regulations and administrative provisions necessary to comply with the directive by 14 August 2004. They
shall immediately inform the Commission thereof.

Since France has not yet notified the Commission of any national measures transposing this Directive, the
Commission is presently not in a position to evaluate them.

With a view to ensuring the correct application of the Directive the Commission regularly discusses
implementation issues with Member States in the framework of the Committee referred to in Article 7 of
the Directive. In case of incorrect implementation of the Directive, the Commission will, of course, address
this with the Member State concerned, in line with the powers conferred to it by the EC Treaty.

(1) Directive 2002/96/EC of the Parliament and of the Council of 27 January 2003 on waste electrical and electronic

equipment, OJ L 37, 13.2.2003.

(2004/C 78 E/0301)

WRITTEN QUESTION E-3556/03

by Rosa Miguélez Ramos (PSE) to the Commission

(1 December 2003)

Subject: Projects co-funded by the ERDF in Lobios in Ourense, Spain

The ERDF provides funding for the Prisma/SP1.E76 and Miliaria/SP1.E6 projects through the Galicia-
Northern Portugal subprogramme of
the
Autonomous Government of Galicia, is aiming to fully restore the deserted village of Outeiro, situated in
the municipality of Lobios in Ourense. The restoration will be carried out by young people with various
problems and the village is intended to become a rural tourist attraction in the future.

the Community initiative Interreg III. With both projects,

However, local people are unhappy about the lack of information from the authorities responsible and
have also expressed astonishment at the opaque way in which Community funds are managed.

Can the Commission provide detailed information about these two projects co-funded by the European
Community?

Answer given by Mr Barnier on behalf of the Commission

(9 January 2004)

The Commission can confirm that under the Interreg IIIA Community Initiative Spain/Portugal the ERDF is
supporting the programmes in question.