EN Official Journal of the European Union CE 78/785

(2004/C 78 E/0836)

WRITTEN QUESTION P-3180/03

by Mario Borghezio (NI) to the Commission

(20 October 2003)

Subject: Protection by the EU of its floriculture sector

European floriculture has for some time witnessed unfair competition from products from countries outside the EU, where production entails the exploitation of child workers.

These products currently circulate freely within the European Union because they are not subject to any restrictions or specific phytosanitary checks.

Does the Commission not feel that control measures should be adopted urgently at all levels owing to the potential threat of these products carrying viruses and diseases?

Will it first ascertain whether or not child labour is being used in floricultural production outside the EU?

What financial measures has the Commission taken to foster and support the cultivation and promotion of European floricultural products?

Does it have any plans to impose import duties on the products in question?

Does it not consider that it would be appropriate to introduce a quality mark (PGI) for the various local products?

Answer given by Mr Fischler on behalf of the Commission

(14 January 2004)

The Union has a plant health regime based on Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1). This includes a list of organisms of which introduction into the Community is to be banned, and a list of plants and plant products that are to be subject to specific plant health checks when introduced into the Community. Consequently the country of origin and the Member States have to take appropriate measures as laid down in the Directive in order to prevent the introduction into or spread of harmful organisms within the Community.

Following continued interceptions by Member States of organisms harmful to floriculture products on imports, the plant health regime was significantly strengthened by Commission Directives 2002/36/EC of 29 April 2002 (2) and 2002/89/EC of 28 November 2002 (3) in order to ensure more effective protection.

On the question of control measures that might be adopted owing to the potential threat of viruses and diseases carried on imported products, it must be noted that once products have been legally imported into the Union Member States cannot introduce measures that restrict intra-Community trade unless they can show that these are non-discriminatory, proportionate and aimed at protecting the life and health of humans or plant or animal life.

Promotion of core labour standards, including prohibition and elimination of child labour, and of social development is a priority for the Commission as part of the strategy to harness globalisation in support of sustainable development. In trade policy the Commission promotes effective application of core labour standards through positive instruments and an incentive-based approach. Examples of this are the Union's Generalised System of Preferences (GSP), which allows for countries to receive additional preferences if they adhere to core labour standard principles, and the Cotonou Agreement between the Community and the 77 African, Caribbean and Pacific (ACP) States, which includes a specific provision on trade and labour standards. The Union is firmly opposed to any sanctions-based approach or any protectionism on labour right grounds. Nonetheless, if necessary the GSP can be temporarily withdrawn in respect of certain products if child labour, as defined in the relevant International Labour Organisation (ILO) Conventions, is being used (Article 26 of Council Regulation (EC) No 2501/2001 (4)).

The more general issue of combating the use of child labour also falls within the scope of the enhanced relations between the Commission and the ILO. A renewed exchange of letters was signed by the two institutions on 14 May 2001. This agreement also covers the worldwide promotion of core labour standards. Community support for ILO programmes and activities on combating child labour in developing countries will be included in the ‘Strategic Partnership between the Commission and the International Labour Organisation in the field of development cooperation’, a comprehensive strategy on child labour and education in the ACP States that is about to be launched. At this stage no specific consideration has been given to the floriculture sector. The ILO has developed some sector-specific activities in promotion of core labour standards in agriculture and related sectors including, through codes of conduct and capacity building, initiatives for workers' and employers' organisations on these issues.

To encourage and support the sector the Commission launched three campaigns (1997 to 2000) promoting flowers and live plants on the Union market. The budget for these was EUR 45 million.

Since 2000 the Commission has had an internal market promotion policy for agricultural products, including floriculture, under which programmes can be proposed twice a year by the sector. The relevant provisions are Regulation (EC) No 2826/2000 (5) and Regulation (EC) No 94/2002 (6), the latter amended by Regulation (EC) No 305/2002 (7), which contains the guidelines on floriculture promotion. The Community finances 50 % of the cost of these programmes.

So far seven programmes for the sector have been approved, in Austria, Belgium, Denmark, Italy, the Netherlands and Sweden.

The duty on imports of products of Chapter 6 of the Combined Nomenclature (Live trees and other plants; bulbs, roots and the like, cut flowers and ornamental foliage) ranges from 4 % to 12 %.

Some duty reductions can be granted under bilateral preferential agreements or as tariff concessions (Generalised System of Preferences).

Full particulars of the customs duties on imports into the Union of goods originating outside it can be found on the TARIC website, which is updated daily and can be found at (http://europa.eu.int/comm/ taxation_customs/dds/en/tarhome.htm).

Regulation (EC) No 2796/00 brought flowers and ornamental plants within the scope of Regulation (EEC) No 2081/92 (8). Thus it is possible for the names of these products to be registered at Community level (on request by the Member State and provided the product meets the requirements stipulated in the latter Regulation) as either a protected geographical indication (PGI) or protected designation of origin (PDO).

(1) OJ L 169, 10.7.2000; last amended by Commission Directive 2003/116/EC of 4 December 2003, OJ L 321, 6.12.2003.

(2) OJ L 116, 3.5.2002.

(3) OJ L 355, 30.12.2002.

(4) Council Regulation (EC) No 2501/2001 of 10 December 2001 applying a scheme of generalised tariff preferences for the period from 1 January 2002 to 31 December 2004 — Statements on a Council Regulation applying a scheme of generalised tariff preferences for the period from 1 January 2002 to 31 December 2004, OJ L 346, 31.12.2001.

(5) Council Regulation (EC) No 2826/2000 of 19 December 2000 on information and promotion actions for agricultural products on the internal market, OJ L 328, 21.12.2000.

(6) Commission Regulation (EC) No 94/2002 laying down detailed rules for applying Council Regulation (EC) No 2826/2000 on information and promotion actions for agricultural products on the internal market, OJ L 17, 19.1.2002.

(7) Commission Regulation (EC) No 305/2002 of 18 February 2002, OJ L 47, 19.2.2002.

(8) Council Regulation (EEC) No 2081/92 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, OJ L 208, 24.7.1992.