Europe – Parliament favours tougher controls on waste shipments

A new European Regulation aiming to control waste shipments should enter into force by the beginning of 2007 at the latest. EIS reports that the final version of the report on this draft Regulation, presented by Johannes Blokland (IND/DEM, Netherlands) and adopted by the European Parliament on October 25, includes a series of compromise amendments negotiated with the Council that should enable the new legislation to be waved through quickly. There remains one problem, albeit a sizeable one: the legal basis, on which the Council and Parliament are at odds with the European Commission. The Council will therefore need to settle this point unanimously.



With the exception of the Greens/EFA, EUL/NGL and UEN groups, the leading political groups in Parliament agreed on compromise amendments accepted by the Council in order to wrap up the second reading of the proposal. The new Regulation should therefore enter into force 12 months after its publication in the Official Journal, i.e. most probably by the beginning of 2007.



Opening the debate that preceded the vote, the report‘‘s author sought to draw attention to the magnitude of the growing problem of illegal exports of waste, notably to developing countries. The new Regulation aims to bring some order to this traffic and integrate into EU law standards drawn up by the OECD in 2001, and through the Basel Convention, reviewed in 1998. It will notably introduce clearer rules on notification and controls, and should encourage member states to cooperate more (amendment 111) in hunting down fraudsters.



The rapporteur, who called for greater surveillance of exports of ships for dismantling, welcomed the Council‘‘s stated intention to increase EU capacity in this area. The new Regulation does not, however, contain specific provisions in this regard, referring instead to the current efforts of the International Maritime Organisation, the Basel Convention and other agencies to introduce binding global standards (amendment 103). By contrast, MEPs strengthened proposed provisions guaranteeing public access to the decision-making process and legal redress in accordance with the Aarhus Convention. Facilities receiving waste will need to be registered appropriately (amendment 106), and information on shipment notifications should be made public (amendments 104 and 109).



In order to encourage local recycling of household waste, the authorities in reception states may object to shipments of mixed municipal waste from private households (amendment 107).



Disputed legal basis.



The European Commission originally proposed a double legal basis for its draft Regulation, which would thus be founded both on environment policy (Article 175 of the EC Treaty) and commercial policy (Article 133). Parliament opted in first reading for the environment and this opinion was subsequently endorsed by the Council (*). Many MEPs reaffirmed their conviction on this point, with the exception of Maria del Pilar Ayuso Gonzalez (EPP-ED, Spain), who, speaking on behalf of her group, expressed a preference for the Commission‘‘s original stance. Dorette Corbey (PES, Netherlands), Marios Matsakis (ALDE, Cyprus), Jonas Sjöstedt (EUL/NGL, Sweden) and Irena Belohorska (Independent, Slovakia) all insisted by contrast that the primary objective is to protect the environment, not trade in waste. In view of the Commission‘‘s persistent opposition, the Council will need to settle this point unanimously. MEPs nevertheless appear confident that this last barrier to the Regulation‘‘s entry into force will be overcome. The rapporteur had a warning for those who might be tempted to lodge an appeal with the Court of Justice. Recent case-law suggests that the Court itself gives priority to the environment where two legal bases compete.<