WRITTEN QUESTION P-2977/01

by Werner Langen (PPE-DE) to the Commission

(19 October 2001)

Subject: Deliveries of Sekt (German sparkling wine) to Greece and Italy

A German Sekt producer intending to deliver 2900 boxes of Sekt to Italy and 1000 boxes to Greece was informed by the Association of German Sekt Producers and the Chamber of Industry and Commerce that such a transaction would be covered throughout Europe by the simplified customs procedure, requiring the firm to be in possession of only the AAD (accompanying administrative document) and the T2. This was also confirmed by German customs. However, the Greek authorities caused tremendous difficulties for the intended customer by demanding he produce alcohol retail licences and various import licences.

With reference to unspecified EU regulations, the Sekt producer was informed that if the customer did not comply with the required procedures, the goods would not be released for sale in Greece. The consignment to Italy was also obstructed by demands for additional licences. The authorities demanding the additional licences are known to the author of this question.

Can the Commission answer the following:

- What documentation, forms and/or licences are required to carry out such a transaction?

- Are the Greek and Italian authorities' requirements contrary to internal market rules and simply an attempt to protect their markets?

- What options are open to the Commission for taking action against any possibly unlawful conduct by the Greek and Italian authorities, and what measures does it intend to take, if appropriate?

As the stipulated deadline for delivery of the goods in question is 1 November 2001, I would ask the Commission to respond as promptly as possible to this question.

Answer given by Mr Bolkestein on behalf of the Commission

(30 November 2001)

In response to the Honourable Member's question, the Commission can provide the following information:

- Where the movement of goods under excise duty suspension arrangements takes place between two tax warehouses situated in two different Member States, the products are accompanied by an accompanying administrative document (AAD), provided for by Article 18 of Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duties and on the holding, movement and monitoring of such products;(1) if the products are to transit a country of the European Free Trade Association (EFTA) they must be accompanied by an internal Community transit document.

However, if the transaction involves products for which excise duties have already been paid in a Member State, the excise duties must be guaranteed and paid in the Member State of destination of the products and be accompanied by a simplified accompanying document under Article 7 of Directive 92/12/EEC.

- Under current Community legislation concerning the movement of products subject to excise duties, no other documentation is required. However, the national legislation of each Member State may lay down special provisions relating to retail sale and the use of commercial premises.

Community legislation in the agricultural field provides that wines and wine products covered by Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine(2) may only be put into circulation within the Community if they are accompanied by an officially checked document. This accompanying document is provided for in Commission Regulation (EC) No 884/201 of 24 April 2001 laying down detailed rules of application concerning the documents accompanying the carriage of wine products and the records to be kept in the wine sector(3), and is used to guarantee the authenticity of the products transported and their origin and quality.

- Where there is a breach of Community legislation, recourse should be had to the relevant procedures provided for by the EC Treaty.

(1) OJ L 76, 23.3.1992.

(2) OJ L 179, 14.7.1999.

(3) OJ L 128, 10.5.2001.