WRITTEN QUESTION No. 1735/98 by Sören WIBE to the Council. Who decides how the Treaty evolves?
18. 1. 1999 EN Official Journal of the European Communities C 13/75 In addition, under the terms of Article 37 of the Euratom Treaty, the Commission must in due course receive general data on the plan for the proposed facility and, prior to any discharge authorisations being granted by the national authority, issue its opinion on whether the implementation of such a plan is liable to result in the radioactive contamination of the water, soil or airspace of another Member State. Finally the operation of such a facility must meet the basic safety standards as set out in Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation (2). (1) OJ L 175, 5. 7. 1985. (2) OJ L 159, 29. 6. 1996. (1999/C 13/108) WRITTEN QUESTION E-1735/98 by Sören Wibe (PSE) to the Council (8 June 1998) Subject: Who decides how the Treaty evolves? It is a well-known fact that Germanyís Federal Court and Denmarkís Supreme Court have examined EC legislation to ascertain whether it is compatible with the respective national constitutions and the powers transferred to the EC. The official line is that Member Statesí national parliaments, and hence their citizens, decide how the Treaty evolves. However, it is the European Council that makes the relevant proposals, which means that it wields influence, not to say holds power, over the Treaty. If a national court rules that a European Union treaty is incompatible with national law, whose views take precedence, those of the EU or those of the national court? Reply (24 September 1998) It is not for the Council to discuss the possible implications of the case-law of national courts. The Council notes that neither of the Courts referred to by the Honourable Member has declared Community legislation to be incompatible with national constitutions. It recalls that, in ratifying the Treaties establishing the European Communities and the European Union, Member States have committed themselves to respect those Treaties. (1999/C 13/109) WRITTEN QUESTION E-1742/98 by Phillip Whitehead (PSE) to the Commission (5 June 1998) Subject: Asbestos Is the Commission currently undertaking a full consideration of health and safety concerns surrounding white asbestos? Answer given by Mr Flynn on behalf of the Commission (17 July 1998) Yes. Commission policy regarding the protection of health and safety against risks from white or chrysotile asbestos comprises public health, workplace, internal market and environmental components, and takes fully into account health and safety aspects of chrysotile asbestos. In this context, the Honourable Member is asked to refer to the answer given by the Commission to written question P-1451/98 by Mr Skinner on the same subject (1)