You are on page 1of 2

C 223/2 EN Official Journal of the European Communities 17. 7.

98

Only 9% (5 000 tonnes) of waste oil are legally collected and reclaimed. Owing to the geographical structure of
the Member State, the large number of islands involved and its mountainous terrain, collection is difficult and
costly. Other oils are collected by small illegal collectors who sell the untreated waste for use as fuel. At the
moment this illegal collection is unsupervised and because of a long transitional period, it does not seem to us
that any legal collection system can be set up for several years yet. The above-mentioned information was
assembled following a study carried out by the Greek Chamber of Commerce and Industry, and another, paid for
by the Commission, on the management of waste oils throughout the Member States.

In view of that information and of this written question the Commission will open a file (‘case detected as a
matter of course’) on the basis of which it will contact the Greek authorities in order to ask for information on the
actual implementation in Greece of Directive 75/439/EEC, as amended by Directive 87/101/EEC. When it
receives a reply from Greece the Commission shall not fail to invoke the powers conferred upon it by Article 169
of the EC Treaty, if appropriate.

In addition the Commission has decided to introduce an infringement procedure against most of the
Member States, including Greece, since these have not passed on any management plans for wastes, dangerous
wastes (including waste oils) and waste packaging.

In conjunction with the above-mentioned file and the infringement procedure concerning the dangerous-waste
plans, the Commission will take any action needed in order to ensure the proper application, in Greece, of
Community law relating to the management of waste oils.

(1) COM(97) 23 final.

(98/C 223/02) WRITTEN QUESTION E-3450/97


by Allan Macartney (ARE) to the Commission
(31 October 1997)

Subject: Cross-border claims in the event of receivership

What measures have been put in place to allow creditors to claim moneys due in the event of a debtor’s
bankruptcy, where the business concerned is based in another Member State?

Given the progression of the Single Market, are there mechanisms which allow for ease of claims which are
within the European Union but cross Member State jurisdictions?

If not, is positive action planned in the near future?

Answer given by Mr Monti on behalf of the Commission


(6 January 1998)

The Commission would like to inform the Honourable Member that measures to allow creditors to intervene in
bankruptcy proceedings are provided in the 1995 Convention on insolvency proceedings, signed by all Member
States except the United Kingdom. Under the terms of this Convention, creditors with habitual residence,
domicile or registered office in one Member State will have the right to lodge written claims during the
insolvency proceedings opened in another Member State.

The rules provide that, as soon as insolvency proceedings are opened in a Member State, the court or the
liquidator appointed by it shall immediately inform known creditors. The information will include time limits,
penalties in regard to time limits, and the body or authority empowered to accept the lodgement of claims. The
notice will indicate whether creditors whose claims are preferential or secured need to lodge their claims.
17. 7. 98 EN Official Journal of the European Communities C 223/3

Creditors will send copies of supporting documents, indicating the nature of the claim, the date on which it arose
and its amount, as well as whether are claimed preference, security or a reservation of title are claimed and what
assets are covered by the guarantee invoked. The claim may be lodged in the official language of the state of
domicile or habitual residence. In this event, the lodgement of his claim will bear the heading ‘lodgement of
claim’ in the official language of the state where proceedings are opened. In addition, the creditor may be
required to provide a translation.

These rights will only be available to creditors in cross-border claims from the date the Convention enters into
force. Under Article 49.3 of the Convention, ratification by national parliaments of all states having signed the
Convention is required. At present, the fact that the United Kingdom has not signed prevents the Convention
from entering into force.

In order to solve this situation, the Commission plans to examine all options to progress in this field and, in
particular, whether a legislative proposal is necessary to enforce the measures contained in the 1995 Convention.

(98/C 223/03) WRITTEN QUESTION E-3477/97


by Marie-Paule Kestelijn-Sierens (ELDR) to the Commission
(31 October 1997)

Subject: Law on the establishment of pharmacists

In Belgium pharmaceutical practices are subject to a law on establishment, with the number of practices
permitted in each local authority area being restricted on the basis of its population. In other words the freedom of
establishment is limited.

Does the Belgian law on the establishment of pharmacists contravene the provisions on the right of establishment
set out in Chapter 2 (Articles 52-58) of the Treaty establishing the European Community? Does the Commission
have any plans for legislation which would seek to eliminate the restrictions arising from this law?

Answer given by Mr Monti on behalf of the Commission


(6 January 1998)

Rules similar to the Belgian legislation mentioned by the Honourable Member exist in the large majority of
Member States.

In this connection the Commission would draw the Honourable Member’s attention to the second recital to
Directive 85/432/EEC of 16 September 1985 concerning the coordination of provisions laid down by law,
regulation or administrative action in respect of certain activities in the field of pharmacy (1). The recital states
that ‘this Directive does not ensure coordination of all conditions of access to and pursuit of activities in the field
of pharmacy; ... in particular, the geographical distribution of pharmacies and the monopoly of the supply of
medicinal products continue to be matters for the Member States’.

In the absence of any Community harmonising or coordinating legislation, Member States are alone competent
to adopt rules on the subject, provided those rules are compatible with Community law.

The Commission considers in this respect that, as long as they apply in a non-discriminatory manner and are
proportionate to the objective sought, national measures such as those referred to are not contrary to the principle
of freedom of establishment as set forth in Article 52 of the EC Treaty.

The Commission accordingly does not intend to present any proposals aimed at harmonising or coordinating the
national laws concerned.

(1) OJ L 253, 24.9.1985, p. 34.