Article 4
This Decision is addressed to the United Kingdom. Done at Brussels, 23 July 2003. For the Commission Mario Monti Member of the Commission (1) OJ C 283, 20.11.2002, p. 7. (2) According to the information submitted by the United Kingdom, each time the recycling capacity increased in the United Kingdom, the price of mixed waste paper and magazines increased. The supply responds very slowly to the increasing demand, and causes upward pressure on prices. (3) According to the United Kingdom, since the process related to the award of financial support rather than the procurement of a work, supply or service, there could be no publication in the Official Journal. The structure of the process was however inspired by the Community procurement rules. (4) In the region where UPM-Kymmene is located, there is an abundance of low cost landfills, therefore local authorities have not been motivated to invest in the collection of waste materials for recycling. (5) According to the United Kingdom, it is estimated that the demand for newsprint of the scale created by the development of this facility will allow around 596 Kt of other materials (steel, aluminium, glass, newsprint, plastic) to be recycled per year. (6) OJ C 37, 3.2.2001, p. 3. (7) OJ C 74, 10.3.1998, p. 9. (8) Similar projects have already been approved by the Commission on the basis of the multisectoral framework, but not under the current environmental guidelines (for example, Hamburger AG (C 72/01), Commission decision 9 April 2002 (not yet published); Kartogroup (N 184/2000), Commission decision 18 July 2001 (http://europa.eu.int/comm/ secretariat_general/sgb/state_aids/ industrie/n184-00.pdf). (9) Multisectoral framework on regional aid for large investment projects (OJ C 107, 7.4.1998, p. 7). (10) OJ L 83, 27.3.1999, p. 1. (11) Council directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999, p. 1). (12) Footnote 6 of the environmental guidelines. (13) Case C-209/98 Entreprenørforeningens Affalds/Miljøsektion (FFAD) v Københavns Kommune [2000] ECR I-3743, paragraphs 75 and 76. (14) Case C-172/00 Ferring Arzneimittel GmbH v Eurim-Pharm Arzneimittel [2002] ECR I-6891. (15) University of Manchester Institute of Science and Technology. (16) In particular, if benefits are made due to the sale of assets, this will be reported to the United Kingdom, and deducted by the United Kingdom from the support provided. (17) represents business secrets omitted from the text. (18) Case 30/59, Gezamenlijke Steenkoolmijnen in Limburg v High Authority of the ECSC [1961] ECR, p. 1. (19) Directive 1999/31/EC. See footnote 11. (20) Services of General Interest, Communication from the Commission (OJ C 17, 19.1.2001, p. 4, points 9 to 11). (21) Services of General Interest, Communication from the Commission (OJ C 17, 19.1.2001, p. 4, point 14). (22) See also, mutatis mutandis, Case C-205/99 Analir [2001] ECR I-1271. (23) http://www.cepi.org/files/ Recycling.stats2002-153648A.pdf - The Confederation of European Paper Industries (CEPI) is a non-profit-making organisation, representing 19 member countries (13 European Union Member States plus Norway and Switzerland with four Associate Members (Hungary, the Czech and Slovak Republics and Poland) and through its member countries, some 1000 pulp, paper and board-producing companies across Europe, from small and medium-sized enterprises to multinationals. (24) Case C-387/92 Banco Exterior de Espana v Ayuntamiento de Valencia [1994] ECR I-877, paragraph 15. (25) Case T-55/99 CETM v Commission [2000] ECR II-3207, paragraph 86. (26) Council directive 1999/31/EC. See footnote 11. (27) Directive 94/62/EC of the European Parliament and Council of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10). (28) According to the president of the British Recovered Paper Association, Ron Humphries, "recovered paper exports will have to grow if the UK is to cope with increased levels of the material" (see website http://www.letsrecycle.com/paper/ news.jsp?story= 2142). (29) The use of pretreated household waste implies that the investment falls within the scope of Directive 2000/76/EC of the European Parliament and of the Council of 4.12.2000 on the incineration of waste (OJ L 332, 28.12.2000, p. 91). (30) UK Waste Management Licensing Regulation 1994, S.I. Nr. 1056. (31) The nitrogen content is estimated at 3920 mg/kg, the phosphorus at 228,2 mg/kg. (32) The concentration of cadmium is estimated at 1,54 mg/kg, thus the cadium: phosphorus ratio is more than 100 times higher than the corresponding average ratio for urban sewage sludge produced in the UK. (33) The combustion process allows the hazardous substances in the sludge, such as cadmium (1,54 mg/kg), mercury (0,7 mg/kg) and lead (12,3 mg/kg) to be separated and treated in accordance with the Community provisions on waste. Without combustion, most of these substances would end up spread on land without a clear agronomic benefit. (34) IPPC reference document on Best Available Techniques in the pulp and paper industry, European Commission, see website http://eippcb.jrb.es. (35) About 150 K tonnes/year of forest residues and around 175 K tonnes/year of pretreated household waste. (36) The reference rate for the UK at the moment of the assessment is 5,42 %. (37) In real terms, i.e. taking into account general inflation. (38) See footnote 9. (39) Exchange rate on 18 July 2003. (40) Paragraph 18(a) of the environmental aid guidelines.