WRITTEN QUESTION No. 2171/98 by Hiltrud BREYER to the Council. Castor shipments in breach of EU law
C 96/50 Official Journal of the European Communities EN 8. 4. 1999 2. Can views stated by the Commission in proceedings currently under way (Case C388/95) on the same subject be considered as an element of substantive law although the Court of Justice has not given a ruling on them? 3. Is the Commission aware that its current position is contributing largely to accentuating the north-south divide in the Union, in particular as regards budgetary problems in the farming sector, and this immediately prior to the reform of the COM in the wine sector? (1) OJ C 31, 5. 2. 1999, p. 65. (2) OJ L 84, 27. 3. 1987, p. 59. (3) OJ C 108, 7. 4. 1998, p. 138. Answer given by Mr Fischler on behalf of the Commission (27 July 1998) 1. The Commission considers, that in certain cases, the national provisions making compulsory bottling of the wines of quality produced in a given region (quality wine psr) in region of production conform with milking EC and it is precisely this position which it defends before the Court of Justice. The position of the Commission in a current contentious procedure is not obviously an element of positive 2. duty. It is only the interpretation of the Commission of the positive duty in force. 3. The Commission considers that there is not North-South cleavage in this matter. (1999/C 96/071) WRITTEN QUESTION E-2171/98 by Hiltrud Breyer (V) to the Council (10 July 1998) Subject: Castor shipments in breach of EU law Can the Council say what action it will take following the violation by Member States of EU legislation on radiation protection, namely Council Directives 92/3/Euratom (1) of 3 February 1992 and 96/29/Euratom (2) of 13 May 1996, in the case of the Castor shipments? (1) OJ L 35, 12. 2. 1992, p. 24. (2) OJ L 159, 29. 6. 1996, p. 1. Reply (19 October 1998) Article 21 of Council Directive 92/3/Euratom on the supervision and control of shipments of radioactive waste between Member States and into and out of the Community (1) and Article 55 of Council Directive 96/29/ Euratom laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation (2) stipulate that Member States are forthwith to inform the Commission of the laws, regulations and administrative provisions which they have adopted to comply with those Directives. It is therefore for the Commission to ensure that Member States comply with the provisions laid down in those Directives. (1) OJ L 35, 12. 2. 1992, p. 24. (2) OJ L 159, 29. 6. 1996, p. 1