WRITTEN QUESTION P-1660/99

by Massimo Carraro (PSE) to the Commission

(14 September 1999)

Subject: Council Directive 92/0081/EEC of 19 October 1992 on the harmonisation of the structures of excise duties on mineral oils

Law No 448 of 1998 adopted by the Italian Parliament provides for a reduction in the cost of fuel oil and liquefied petroleum gases used in administrative districts in certain parts of the country where, because of

the special geographical or climatic conditions, or other factors, such as the absence of a gas supply, particular use is made of such fuels. The law in question will, therefore, help reduce the cost of living for families resident in such areas.

At the sitting of 15 July 1999 of the Chamber of Deputies, Luigi Oliveri MP, called on the Undersecretary of State for Finance, Ferdinando de Franciscis MP to explain the delay in the issuing of a decree implementing Law No 448 of 1998, which had already been adopted by the Italian Council of Ministers on 9 March 1999. The Undersecretary of State asserted that under Directive 92/0081/EEC(1) it was necessary to obtain authorisation from the European Union in order to implement a reduction in the cost of fuel oil and liquefied petroleum gases. The authorisation must therefore be obtained before the relevant implementing regulation can be issued.

Since 3 December 1998, when the request for authorisation was forwarded by the Finance Ministry to the Community authorities, the European Union has been unable to provide a response, despite the fact that Italy has provided Commission officials with all the information required in order for a decision to be reached.

Can the Commission explain why there has been such a serious delay in granting authorisation or what reasons there may be for refusing to grant authorisation? When will a decision be taken?

(1) OJ L 316, 31.10.1992, p. 12.

Answer given by Mr Bolkestein on behalf of the Commission

(11 October 1999)

The Italian government requested authorisation to introduce reductions in excise duty for the products described by the Honourable Member in certain special geographical regions under Article 8(4) of Council Directive 92/0081/EEC of 19 October 1992 on the harmonisation of the structures of excise duties on mineral oils. Under this Article, the Council, acting unanimously on a proposal from the Commission, may authorise any Member State to introduce exemptions or reductions in excise duty on mineral oils for specific policy considerations.

The Italian authorities informed the Commission of their intention to introduce this measure on 3 December 1998. However, this notification did not contain sufficient information for the Commission to process the application and prepare a proposal. An exchange of letters took place during February and March 1999 until at the Commission's suggestion, a meeting was held in Rome. During this meeting the Commission outlined the information required to take the application forward.

Following the meeting, by an exchange of letters the Italian government was able to clarify the request and on 29 June 1999, the Commission had sufficient information to take the request forward. Accordingly the initial request and subsequent explanatory letters were registered by the Commission on that date.

Under the terms of Article 8(4) of Directive 92/0081/EEC, the Commission has to inform all Member States of the proposed measure within one month. Letters to that effect were issued by the Commission on 28 July 1999. The same Article allows two months for any Member State, or the Commission to ask for the matter to be further considered by the Council.

There have been a few days delay recently because of the appointment of the new Commission. The Honourable Member can be assured that the new Commission will deal with the request from the Italian government at the first opportunity.

Subject to agreement by the Commission, there will be no delay in submitting the necessary proposal to the Council.