91997E4033

WRITTEN QUESTION E-4033/97 by Bryan Cassidy (PPE) to the Commission (14 January 1998)

Subject: Producer responsibility obligations (packaging waste) regulations, UK 1996

Is the Commission aware that the provisions of the UK regulations make it a criminal offence not to comply with the regulations for every company subject to them in the UK and that, therefore, if the UK does not reach Directive 94/62/EC's ((OJ L 365, 31.12.1994, p. 10. )) targets, then every company in the UK subject to these regulations is separately liable?

Joint answer to Written Questions E-4033/97 and E-4035/97 given by Mrs Bjerregaard on behalf of the Commission (24 February 1998)

While directives are binding on Member States, they can choose the form and methods of implementation. In addition, Article 5 of the EC Treaty requires Member States to take all appropriate measures to ensure the fulfilment of the obligations arising out of the EC Treaty. Thus the imposition of sanctions for non-compliance is largely a matter for national authorities to determine. In this regard it is useful to refer to the Court of justice's judgement in case C-58/95. In this case the Court held that Article 5 and the third paragraph of Article 189 of the EC Treaty must be interpreted as not precluding a Member State from imposing criminal penalties to ensure compliance with waste directives, provided that those penalties are analogous to those applicable to infringements of national law of a similar nature and importance and are, in any event, effective, proportionate and dissuasive.