WRITTEN QUESTION E-4056/03 by Elspeth Attwooll (ELDR) to the Commission. Implementation of the environmental acquis.
Date: 2004-01-13
Institutions: European Parliament, Provisional data
Subjects: Community acquis, Scotland, United Kingdom, application of EU law, environmental law

3.4.2004

EN

Official Journal of the European Union

C 84 E/747

In order to support market development and to trigger the transition towards a ‘sustainable and green
Europe’ in terms of energy, the Union has set itself ambitious targets:

(cid:1) An overall target of increasing the share of renewable energy in the total gross inland consumption

from 6 % (late nineties) to 12 % in 2010.

(cid:1) A target of 22 % of electricity consumption in 2010 to be generated by renewable energy, adopted in

2003 including national targets.

(cid:1) A specific target of 5,75 % of consumption of motor vehicle fuel in 2010 to be of biomass origin,
adopted in 2002 with an obligation by Member States to set individual targets in 2004 for their
gradual phasing in bio-fuels towards 2010.

The Commission will present to the Council and to the Parliament a complete report on the situation in
the different Member States as far as green electricity is concerned, before summer 2004.

This penetration of renewable energies, requiring additional and reinforced policy action, could contribute
to an annual saving of about 190 million tonnes of carbon dioxide (CO2) by 2010 (compared to the trend
rate of increase in renewable energy, 1995-2000), around half of what is needed to fulfil the Kyoto target.

There is an important potential for renewable energy sources in the heating sector, especially in the
biomass area and a lack of a quantified target in this sector for Scotland. Electricity produced from
renewable energy sources, mainly hydro, now make up around 13 % of supply in Scotland and the Scottish
Executive has set up a target of 18 % by 2010 under the framework of the ‘Renewables Obligation Order’.
The Executive is currently considering a target of 40 % of electricity production from renewables for 2020.

(2004/C 84 E/0842)

WRITTEN QUESTION E-4056/03

by Elspeth Attwooll (ELDR) to the Commission

(13 January 2004)

Subject: Implementation of the environmental acquis

In its Fourth Annual Survey on the implementation and enforcement of Community environment law, the
Commission’s scoreboard on implementation of the acquis demonstrates that the UK was particularly weak
in adopting national measures to transpose directives within the appropriate deadlines. Can the
Commission provide a comparative analysis in relation to both the UK and the rest of the EU on the
success or failure of the Scottish Executive specifically to implement the environmental acquis in those
areas over which it has competence?

Furthermore, given that the Fourth Annual Survey has highlighted continued problems with regard to
implementation of the environmental acquis across the EU, what action is the Commission taking to
improve implementation levels, and how successful is such action so far? What additional powers would
the Commission like to have to enforce legislation?

Answer given by Mrs Wallström on behalf of the Commission

(17 February 2004)

The record of the United Kingdom in transposing Community environmental legislation is not significantly
different than for the other Member States. The Honourable Member probably refers to the table and the
graph on page 44 of the Fourth Annual Survey, according to which there were 21 cases for non-
communication open against the United Kingdom in comparison with 97 for all Member States (i.e. 21,6 %
of all cases for the United Kingdom) by 31 December 2002.

C 84 E/748

Official Journal of the European Union

EN

3.4.2004

According to the latest figures for 31 December 2003, the picture is rather different. There are currently
only five infringement cases for non-communication open against the United Kingdom in comparison with
79 for all Member States (i.e. 6,3 % of all cases for the United Kingdom, which puts it within the average
for all Member States). An important factor in this change in statistics is the recent judgment of the
European Court of Justice in Case C-30/01, according to which there is no requirement to transpose some
internal market directives with ancillary environmental objectives into the legislation for the territory of
Gibraltar. As a consequence, an investigation of several non-communication cases against the United
Kingdom could have been terminated.

It is not possible to say to what extent the transposition difficulties are caused by the Scottish Executive.
The Commission investigates
regional
infringements by the Member States,
distribution. It is for the Member States to decide on means for transposing the directives, as well as on
the number of national legislative acts involved in transposition.

irrespective of

their

legislation,

environmental

The Commission is undertaking numerous steps to support better implementation and enforcement of
in accordance with Commission Communication (1) of
Community
11 December 2002 on the better monitoring of the application of community law. This is done not only
through complaint and infringement procedures, but also through a number of proactive measures, ‘inter
alia’ through package meetings with the Member State authorities, through the provision of the best
examples in implementation, through the dissemination of guidelines on implementation, by publishing
reports on implementation (like the Fourth Annual Survey),
through early warning about the new
Community directives following their adoption and prior to the expiry of the transposition deadline.

The Honourable Member is also concerned whether additional powers are needed by the Commission for
the enforcement of Community environmental legislation. It is the Commission’s view that its powers
established by the EC Treaty to monitor and enforce compliance with Community environmental
legislation are adequate.

(1) COM(2002) 725 final.

(2004/C 84 E/0843)

WRITTEN QUESTION E-4066/03

by Juan Naranjo Escobar (PPE-DE) to the Commission

(14 January 2004)

Subject: Biometric passports

Among the measures included by the Commission for 2004 in its work programme (1) is a proposal for a
regulation to define the characteristics of the information system for visas.

Meanwhile, as of 5 January 2004 all citizens of certain countries wishing to enter the US have to pass
through a scanner identifying a set of biometric characteristics which are used to exercise checks on their
stay there. The US will start issuing biometric passports from next year.

Biometric technology offers a number of different options: it can be applied to the face, the hands, and
even the eyes. The technologies concerned are, however, still very expensive, and cannot at present be
considered completely reliable.

is the Commission’s time-frame for the EU-wide introduction of passports using biometric

What
technology? Does it consider their introduction to be viable in the medium term?

(1) COM(2003) 645 final.