WRITTEN QUESTION No. 3147/97 by Kirsten JENSEN to the Commission. The transport agreement between the EU and Switzerland
C 134/96 EN Official Journal of the European Communities 30. 4. 98 Answer given by Mrs Bjerregaard on behalf of the Commission (24 October 1997) The definition of waste contained in Directive 75/442/EEC as amended by Directive 91/156/EEC on waste (1) reads áwaste means any substance or object in the categories set out in Annex I which the holder discards or intends or is required to discardí. Annex I enumerates 16 categories of waste. However, category Q16 reads áany materials, substances or products which are not contained in the above categoriesí. The European waste catalogue (Commission Decision 94/3/EC of 20 December 1993 establishing a list of wastes pursuant to Article 1a of Council Directive 75/442/EEC on waste (2)) is based on Annex I to Directive 75/442/EEC and it is also an indicative list of waste. Therefore, for the purpose of classifying an object as waste, neither Annex I to Directive 75/442/EEC nor the European waste catalogue are decisive, as they are purely indicative. What matters is the intention, the action or the obligation to discard the object. The Honourable Member describes as áwrong application of the Directiveí the inclusion in the waste definition of substances which do not pollute the environment. The above described definition of waste is fully independent from the ability of a substance to pollute the environment. This applies fully to biomasses, as long as the definition of waste is fulfilled. Therefore waste-containing biomass is to be considered as waste according to Community legislation, and be subject to the corresponding obligations. The Commission does not see any contradiction in defining biomasses as waste provided the holder of such biomasses discards them, or has the intention or the obligation to discard them. (1) OJ L 78, 26. 3. 1991. (2) OJ L 5, 7. 1. 1994. (98/C 134/123) WRITTEN QUESTION E-3147/97 by Kirsten Jensen (PSE) to the Commission (13 October 1997) Subject: The transport agreement between the EU and Switzerland In recent years there have been negotiations for a transport agreement between the EU and Switzerland concerning transit road haulage traffic. The EU has objected to the levy Switzerland wishes to impose on transit traffic. As precisely this type of charge is recommended in the Green Paper átowards fair and efficient pricing in transportí, why does the Commission not support Switzerland on this matter? Answer given by Mr Kinnock on behalf of the Commission (18 November 1997) The Commission would refer the Honourable Member to its answer to Written Question P-3073/97 by Mrs Riis Jorgensen (1). (1) OJ C 117, 16. 4. 1998, p. 147