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17. 7.

98 EN Official Journal of the European Communities C 223/43

The Commission does not intend to propose any harmonisation of Member States’ social security systems.

(1) Commission recommendation of 21 December 1993 on the taxation of certain items of income received by non-residents in a Member State
other than that in which they are resident (OJ L 39, 10.2.1994).
(2) Council Regulation (EC) No 118/97 of 2 December 1996 amending and updating Regulation (EEC) No 1408/71 on the application of social
security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and
Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 − OJ L 28, 30.1.1997.
(3) See, for example, Case 161/97 Van Munster [1994] ECR 466.

(98/C 223/47) WRITTEN QUESTION E-4031/97


by Bryan Cassidy (PPE) to the Commission
(14 January 1998)

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

Does the Commission agree that these UK regulations are a burden on small businesses throughout the EU who
wish to trade in the UK market, because of their complexity and bureaucracy?

Answer given by Mrs Bjerregaard on behalf of the Commission


(23 February 1998)

As the Honourable Member is aware, the third paragraph of Article 189 of the EC Treaty provides that a directive
is binding as to the results to be achieved but leaves to the national authorities the choice of form and methods of
implementation. Therefore, provided that the Member State fully complies with all the requirements of the
Directive, it has an element of discretion as to the form and method by which it transposes the Parliament and
Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (1) into national law.

(1) OJ L 365, 31.12.1994.

(98/C 223/48) WRITTEN QUESTION E-4032/97


by Bryan Cassidy (PPE) to the Commission
(14 January 1998)

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

Can the Commission confirm if, following the consultation period allowed for other Member States to comment
on UK proposals to implement Directive 94/62/EC (1) before they were enacted into UK law, the UK acted on the
comments made by Member States in respect of barriers to free trade, and amended their proposals?

(1) OJ L 365, 31.12.1994, p. 10.

Answer given by Mrs Bjerregaard on behalf of the Commission


(24 February 1998)

Given the confidentiality of the notification procedure the Commission is unable to give full details about the
comments received. However, the Commission is able to confirm that it received comments on the United
Kingdom’s proposals from other Member States and following this consultation procedure amendments were
made to the United Kingdom’s proposals.