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Select Committee on European Legislation First Report
SHIPMENT OF WASTE TO NON-OECD COUNTRIES |
13.1 We considered the proposal on 21 February and expressed concern about the reasons for the delay between the circulation of the proposal by the Council Secretariat on 30 June 1995 and the Explanatory Memorandum which we did not receive until 9 February 1996. We asked to be kept informed on any significant changes on the proposal and also to be informed of the outcome of the discussion on the legal base.
The Explanatory Memorandum
13.2 We have been told that at the Environment Council on 25 June there was unanimous agreement for a joint legal base for the proposed Regulation (Article 113 and 130s[28]). The Commission, however, maintains its view that Article 113 alone is appropriate. In his Supplementary Explanatory Memorandum of 30 August, the Parliamentary Under-Secretary of State at the Department of Environment (Mr Clappison) also revises the financial implications of the Commission proposal. In February we were told that the UK trade was believed to be minimal. We have now been told by the Parliamentary Under-Secretary that UK trade with those countries who have indicated they do not wish to receive "green list" waste amounts to some £20 million. He does not, however, consider that this should affect the Government's view that those countries which do not wish to receive "green list" waste should not have waste sent to them.
13.3 We understand that the proposal is still under discussion and that it may come to decision before the end of the year.
Conclusion
13.4 There has been a long-standing difference of view between the Council and the Commission on the legal base for certain measures which deal with trade, but which have some environmental implication. In the Chernobyl case[29] the European Court of Justice considered Article 113 to be an adequate legal base. However, the Court decided in another case[30] that Article 130s should be the legal base. That case concerned the legal base for Council Regulation 259/93, which dealt with the supervision and control of shipment of waste within, into and out of the Community. It therefore covered a slightly wider area than the rules for shipments to certain non-OECD countries of certain types of waste, but it could be considered to be part of that general legal framework. A joint legal base therefore seems to be appropriate, but we understand that the Commission may challenge the Council's Resolution. 13.5 We have considered the Community arrangements for the shipment of waste on a number of occasions. In the light of the further information, we maintain our view that the proposal raises questions of legal and political importance, but now make no recommendation for its further consideration.
27. (16307) 8179/95; see HC 51-x (1995-96), paragraph 3 (21 February 1996). Back 28. Which would involve the co-operation procedure and qualified majority voting. Under Article 113 alone the European Parliament is not involved. Back |
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| © Parliamentary copyright 1996 | Prepared 12th November 1996 |