WRITTEN QUESTION No. 2466/98 by Hiltrud BREYER to the Commission. Continued imports of Italian waste for disposal in Biebesheim in Germany
29. 4. 1999 EN Official Journal of the European Communities C 118/65 As of 24 June 1998, authorization had been granted for the shipment of at least 7 000 tonnes of waste from Italy for disposal in Germany. Further applications for authorization by 3 R Servizi S. p. A have been notified. The competent authorities of the relevant Land consider that, under Community law, they are unable to prevent these imports. Under the Land of Hesseís legislation on waste, in order to dispose of this Italian waste HIM requires official exemption from the provisions of the Landís refuse management plan. Recently, however, the requirement to obtain such exemption has been dropped, as the authorizing authority considers that it is incompatible with Community law. Does the requirement to obtain authorization for the shipment of waste for disposal pursuant to Articles 4(2)(a) and 5 (1) of the Regulation on waste shipments affect the right of the Member State of destination to require the consignee of the waste to obtain exemption from the provisions of the waste management plan? If so, how? (1) OJ L 30, 6. 2. 1993, p. 1. (1999/C 118/079) WRITTEN QUESTION E-2465/98 by Hiltrud Breyer (V) to the Commission (30 July 1998) Subject: Continued imports of Italian waste for disposal in Biebesheim in Germany Since 1997 the authorities in Darmstadt have, on a number of occasions, granted the Italian firm 3 R Servizi S. p. A. authorization, pursuant to Articles 4 (2)(a) and 5(1) of the Regulation on shipments of waste (EEC) 259/93 (1) to ship Italian waste for disposal at the special waste incineration facility in Biebesheim. The waste is imported by the firm Hessische Industriemüll GmbH (HIM). Up to 24 June 1998 authorization had been granted to import shipments of at least 7 000 tonnes of waste from Italy for disposal in Germany. 3 R Servizi S. p. A. has announced its intention of submitting further applications. The competent Land authorities feel unable, on grounds of European law, to forbid these waste imports. Under Article 4(3)(a)(i) of the Regulation on shipments of waste, Member States may take measures in accordance with the Treaty to prohibit generally or partially or to object systematically to shipments of wasteí. Does this clause also permit the imposing of a general ban on shipments of waste for disposal? If so, what conditions are imposed? In this connection, what significance can be attached to the fact that the Regulation is based on Article 130s of the EC Treaty and the Member States are therefore empowered, pursuant to Article 130t of the Treaty, to take more stringent protective measures? (1) OJ L 30, 6. 2. 1993, p. 1. (1999/C 118/080) WRITTEN QUESTION E-2466/98 by Hiltrud Breyer (V) to the Commission (30 July 1998) Subject: Continued imports of Italian waste for disposal in Biebesheim in Germany Since 1997 the authorities in Darmstadt have, on a number of occasions, granted the Italian firm 3 R Servizi S. p. A. authorization, pursuant to Articles 4 (2)(a) and 5(1) of the Regulation on shipments of waste (EEC) 259/93 (1) to ship Italian waste for disposal at the special waste incineration facility in Biebesheim. The waste is imported by the firm Hessische Industriemüll GmbH (HIM)