WRITTEN QUESTION E-1705/00

by Jonas Sjöstedt (GUE/NGL) to the Commission

(29 May 2000)

Subject: Imports of alcohol into Sweden

Sweden and the Commission are currently negotiating a possible extension to the exemption relating to imports of alcohol into Sweden.

The temperance movement, IOGT-NTO, in Sweden claims that Article 28(1) of Directive 77/388/EEC(1) in essence says that the Commission is to report to the Council on the operation of the exemption rules and submit a proposal for a final system. This system must in principle be the same as the arrangements which are to apply within the EU, i.e. taxation only in the country of origin of the goods. Once the Council has examined the report and found that the conditions are in place for a changeover to the final system, the Council must decide unanimously, on a proposal from the Commission and after consulting the European Parliament, on the rules which will apply to the final system. It is also said that the transitional rules will be extended automatically until the date on which the final system enters into force. According to IOGT-NTO, the agreement concluded in 1996 (paragraph 3 of Article 1 of Directive 96/99/EC(2)) states that Sweden is entitled to continue to apply the current restrictions on quantity until 30 June 2000, subject to a review such as that referred to in Article 28(1) of Directive 77/388/EEC.

Does the Council share the IOGT-NTO's interpretation?

(1) OJ L 145, 13.6.1977, p. 1.

(2) OJ L 8, 11.1.1997, p. 12.

Answer given by Mr Bolkestein on behalf of the Commission

(20 July 2000)

The Commission put forward a proposal on 22 May 2000 to authorise Sweden to continue to apply quantitative restrictions from 1 July 2000 until the end of 2003 for products subject to excise duties brought into Sweden from other Member States(1). This proposal, which also provided for the gradual liberalisation of the restrictions during that period, was adopted by the Council on 30 June 2000(2). The new provision adopted no longer contains a review mechanism similar to that mentioned by the Honourable Member and contained in the previous version of the Directive. Therefore, the discussion on the exact meaning of this review mechanism has become irrelevant.

As to this review mechanism, the Commission has always taken the view that the derogation granted to Sweden expired on 30 June 2000 unless the Commission proposed, and the Council adopted by unanimity, a further extension, as the restrictions derogate to the basic principle laid down in Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding movement and monitoring of such products(3) that goods acquired by a private person and transported by them are subject to excises in the Member State of purchase. This view is in accordance with the well-established principle of Community law that any derogation contained in a directive must be interpreted restrictively.

The Honourable Member is requested to submit the last part of the question directly to the Council.

(1) COM(2000) 295 final of 22.05.2000.

(2) Council Directive 2000/44 of 30 June 2000 amending Council Directive 92/12/EEC of 25 February 1992 as regards temporary quantitative restrictions for products subject to excise duties brought into Sweden from other Member States.

(3) OJ L 76, 23.3.1992.