WRITTEN QUESTION No. 3384/98 by Fernando FERNÁNDEZ MARTÍN to the Commission. Shutdown of waste incineration plants in the Canary Islands
21. 5. 1999 EN Official Journal of the European Communities C 142/127 Turning to the second part of the question, the current position is that in Case C-106/96 the Court of Justice ruled that it was necessary to have a legal basis accompanied by secondary legislation for items to be entered in the Community budget. (1) As a consequence of this ruling, the Commission verified what budget headings existed without a legal basis; these included item B-3 2020, Sport in Europe. An exception was made and the payment of commitments planned for 1998 to organisations that had taken part in an expression of interest procedure was authorised, as the organisations had legitimate expecta- tions. This included Sport for the Disabled. In line with the agreement reached with the budgetary authority (at the tripartite budget meeting on 17 July 1998), it will no longer be possible to enter headings considered to be lacking a legal basis in the Community budget. This includes sport, which means that the Commission will be unable to organise the Sport for the Disabled programme. Nevertheless, since sport is viewed as a means of obtaining broader goals, sport can also be taken into consideration in Community programmes dealing with education, young people, social integration or health which may benefit the disabled. (1) United Kingdom, supported by Denmark, Germany and the Council v the Commission, supported by Parliament. Judgment given on 12 May 1998. (1999/C 142/160) WRITTEN QUESTION P-3384/98 by Fernando Fernández Martín (PPE) to the Commission Subject: Shutdown of waste incineration plants in the Canary Islands (9 November 1998) Community provisions on solid waste incineration plants establish a series of requirements and conditions including maximum emission levels for polluting gases. The European Commission has notified the Kingdom of Spain that it should close three waste incineration plants on the island of La Palma (Canary Islands), two in the municipality of Mazo and one in the municipality of Barlovento. Despite the amount of time that has passed since the Commission notification, a simple visual inspection of the affected areas shows that there has been no change in the situation and that the competent authorities, i. e. the autonomous government of the Canaries and the La Palma Island Council have not adopted any measures to remedy the situation. What measures does the Commission intend to take and when will it initiate infringement proceedings? Answer given by Mrs Bjerregaard on behalf of the Commission (8 December 1998) The Commission has initiated infringement proceedings against Spain under Article 169 of the EC Treaty in the matter raised by the Honourable Member. As part of this procedure it has addressed a reasoned opinion to that Member State. The reply to the reasoned opinion by Spain has just been received by the Commission and is now being examined. Should the Commission feel that the response from the Spanish authorities to the reasoned opinion is insufficient it may decide to bring the matter before the Court of Justice in order to establish whether Spain has failed to fulfil its obligations