Local view for "http://purl.org/linkedpolitics/eu/plenary/2001-11-13-Speech-2-288"
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"en.20011113.11.2-288"2
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". – Denmark notified the Commission in March 2001 of a draft regulation intended to prohibit the import, sale and use of three greenhouse gases – HFC, PFC and SF6 – and products containing them as from 2006, except in the case of certain products and applications for which a different timetable was laid down.
This notification, pursuant to Directive 98/34/EC, allows the Commission and other Member States to carry out a prior examination of a measure which might create obstacles to the free movement of goods in the internal market. Several Member States have reacted to the Danish proposal. The Commission for its part has sent the Danish authorities a letter whose effect was to postpone the possibility of adopting the proposal until 6 September 2001. Denmark must reply to the Commission and inform it of the action it intends to take on the proposal.
The position expressed by the Commission can be summarised as follows. Firstly, the Commission recognises the legitimacy of the objective of the Danish proposal. The text is aimed at combating greenhouse warming and at contributing towards a 21% reduction of six industrial gases to which Denmark committed itself at the Environment Council in June 1998.
The European Union, for its part, undertook under the Kyoto Protocol to reduce by 8% the emissions of the six industrial gases in question produced by all its Member States. In the light of information already provided by Denmark, however, the Commission considers that the proposal is disproportionate to the objective pursued and does not appear, therefore, to comply with the rules of the internal market.
The Commission notes that there are technical measures for monitoring these emissions and that those measures create fewer distortions of intra-Community trade than a total prohibition. Moreover, the Commission is not convinced that safe alternative measures which are technically compatible with the systems currently used exist in all cases or will be in existence within deadlines laid down by the Danish proposal. If Denmark does not respond to the Commission's request the latter, as the guardian of the Treaties, may, whilst the proposal has been adopted, initiate infringement proceedings under Article 226 of the EC Treaty."@en1
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