Day 063 - 07 Dec 94 - Page 11


     
     1   MR. MORRIS:  If we could just read it to ourselves?
     2
     3   MR. JUSTICE BELL:  Yes.  What the court held was that the City
     4        Authority did not have the power to make the decision.
     5        That is how I read it.  It is a very short and informal
     6        report.
     7
     8   MR. MORRIS:  Yes.  It says that the "Swedish Environmental
     9        Protection Act cannot be stretched to covering dumping
    10        solid substances into water, lake or other areas".
    11
    12   MR. JUSTICE BELL:  Yes, I have read that "and therefore, cannot
    13        be applied to cover this situation".
    14
    15   MR. MORRIS:  It does appear, Mr. Van Erp, that the concerns were
    16        that a lot of environment/index.html">litter was being disposed of far and wide,
    17        but that they ruled the Council cannot stretch their
    18        authority to cover that in terms of McDonald's.  Is that
    19        how it reads to you, as you are familiar with this kind of
    20        thing?
    21        A.  I do not think that would have anything to do with
    22        generate more energy, disposing of packaging.
    23
    24   Q.   I think we have all read it and people can draw their own
    25        conclusions.  If we just go to page 718; on 718 -- I cannot
    26        read this chart, the actual text of the chart, that we have
    27        copied -- the top of the chart says how "no lids on",
    28        something, the third the smallest column.  Underneath it
    29        says:  "Austria and Germany have tested serving drinks
    30        without lids very successfully".  Does it say "no lid on
    31        drinks", yes?
    32        A.  The first one looks like "unwrapped straws" and
    33        "unwrapped cutlery" to me, the text under the -----
    34
    35   Q.   The reason that Austria and Germany have removed lids on
    36        drinks -- have they still removed lids on drinks, Austria
    37        and Germany?
    38        A.  Partially, yes.  It depends a little bit on in-store
    39        usage.  In general, you do not use a lid unless people ask
    40        for it, and if kids ask for a drink you generally put a lid
    41        on it as well.
    42
    43   Q.   But is there some part of the German environmental laws, is
    44        it, to ---
    45        A.  No.
    46
    47   Q.   -- because of the material that is used in the lids?
    48        A.  No.
    49
    50   Q.   That is all I have on this document then.  One thing that 
    51        it is helpful while we have this document out, on pages 729 
    52        and 728:  We have got some post-industrial/post-consumer 
    53        content on page 728.  On page 729 we have what you might
    54        call at the top of the page an explanation of the
    55        difference between post-industrial and/or pre-consumer
    56        against post-consumer.  If you just read that to yourself,
    57        the one on page 729 at the top of the page.
    58        A.  Yes.
    59
    60   Q.   I believe this particular Newsletter, if we go back to 725,

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