WRITTEN QUESTION E-3093/98

by Miguel Arias Cañete (PPE) to the Commission

(16 October 1998)

Subject: Italian duties on the import of olive oil into Italy

The Italian parliament has recently adopted Law 313/98, Article 4(1) of which stipulates that olive oil imported into Italy (including Community oils) shall be subject to checks by the Italian customs, the corresponding cost being charged to the importers.

This measure indirectly amounts to the application of a duty on the import of Community products, which will evidently tend to discourage imports of olive oil from other Community countries, as well as representing an infringement of the free movement of goods.

Given that the measure in question came into force on 30 August 1998, what urgent action will the Commission take to protect the free movement of goods in this specific case and to suspend the Italian provision which is at the root of this violation of the free movement of goods?

Answer given by Mr Fischler on behalf of the Commission

(12 November 1998)

The attention of the Commission was drawn to discussions in the Italian Parliament concerning the bill on the labelling of olive oil. When it read the bill, it considered that it fell within the scope of Council Directive 88/182/EEC of 22 March 1988 amending Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical standards and regulations(1) and consolidated by the "technical standards" Directive 98/34/EC(2), and so required of the Italian Government its formal prior notification. That was done on 4 May 1998. Under Article 9(1) of the Directive, that notification postponed adoption for a period of three months, which expired on 5 August 1998.

After the Italian notification of the bill had been sent to the other 14 Member States pursuant to Article 8 of the Directive on 4 August, two Member States submitted a detailed opinion pursuant to Article 9(2) of the Directive, so postponing adoption for a period of three months, which expired on 5 November 1998. On 23 July the Commission notified Italy under Article 9(3) of the Directive that it intended to legislate on this matter. That Article extended the period of postponement to 12 months, which will expire on 4 May 1999.

The Commission has warned Italy on a number of occasions that approval of the law, without regard for the periods of postponement arising from its notification and implementation of the procedure under the Directive, would constitute an infringement, so making the law unenforceable, as the Court of Justice had held on 30 April 1996 in CIA v Securitel. A notice to that effect appears regularly at the end of the list of notifications received by the Commission published periodically in the Official Journal (3). The unenforceability of the law also extends to the provision to which the Honourable Member makes specific reference.

Nevertheless, the law was promulgated and published. Accordingly, the Commission decided to open urgent infringement proceedings against Italy with regard to the violation of the µtechnical standards¢ Directive. That Decision was adopted on 30 September 1998 and a press statement was issued at the same time. The letter giving formal notice and requesting a reply within 15 days was communicated on 8 October.

(1) OJ C 81, 26.3.1988.

(2) OJ L 204, 21.7.1998.

(3) OJ C 177, 10.6.1998.