WRITTEN QUESTION E-0262/04 by Graham Watson (ELDR) to the Commission. Sewage treatment plants.
Date: 2004-02-03
Institutions: European Parliament, Provisional data
Subjects: Ireland, approval, building materials, import restriction, machinery, wastewater, water treatment

3.4.2004

EN

Official Journal of the European Union

C 84 E/189

(2004/C 84 E/0229)

WRITTEN QUESTION E-0262/04

by Graham Watson (ELDR) to the Commission

(3 February 2004)

Subject: Sewage treatment plants

In the sewage treatment sector, companies wishing to sell equipment to the Republic of Ireland require
approval of their products by the Irish Board of Agreement. Would the Commission agree that the cost of
obtaining such approval is a barrier to trade?

Answer given by Mr Bolkestein on behalf of the Commission

(9 March 2004)

The Honourable Member did not specify which type of sewage treatment equipment has to be approved
by the Irish Board of Agreement. Therefore, it is difficult to assess whether the equipment falls within the
scope of Directive 98/37/EC of
the Council of 22 June 1998 relating to
machinery (1) or within the scope of any other Community Directive ensuring the free movement of the
relevant equipment. It is also difficult to assess whether the equipment is covered by Article 4 (2) of
Council Directive 89/106/CEE of 21 December 1988, on construction products (2). If so, the approval
scheme should be examined in the light of the relevant directive. Approval by the Irish Board of
Agreement of products relating to pertinent requirements already regulated at Community level is not
allowed.

the Parliament and of

If, however, such equipment would fall outside the scope of the relevant directive(s) or if the pertinent
requirements are not regulated in the relevant directive(s), the requirement to submit these products for
approval to the Irish Board of Agreement should be assessed in the light of Articles 28 to 30 of the EC
Treaty. Article 28 of the EC Treaty prohibits measures having an effect equivalent to quantitative import
restrictions, and covers all commercial rules enacted by the Member States which are capable of hindering,
directly or indirectly, actually or potentially,
intra-Community trade. However, these trade restrictions
could be justified under Article 30 of the EC Treaty or under the mandatory requirements accepted by the
Court of Justice, if these restrictions are necessary and proportionate to achieve the legitimate objectives of
public interest set out in Article 30 or accepted by the Court of Justice.

(1) OJ L 207, 23.7.1998.
(2) OJ L 40, 11.2.1989.

(2004/C 84 E/0230)

WRITTEN QUESTION P-0263/04

by Matti Wuori (Verts/ALE) to the Commission

(29 January 2004)

Subject: Safety at Sosnovyi Bor nuclear power station

Sosnovyi Bor nuclear power station is located on the southern coast of the Gulf of Finland, some 200 km
from Helsinki. The four reactors at the power station, which was built in 1973, are of the same RBMK
type as the reactor involved in the Chernobyl disaster.

In 2003 the operating permit for the power station’s oldest reactor expired. Russia’s Nuclear Energy
Ministry, Minatom, wanted the power station to be allowed to operate for another 15 years, no less.
Apparently Russia’s radiation safety authorities have granted the oldest reactor a five-year extension of its
permit.