WRITTEN QUESTION No. 2356/96 by José POMÉS RUIZ to the Commission. French neoprotectionist practices in the seed and plant sector which are hindering the entry of Spanish companies on to the French market
Date: 1996-08-27
Institutions: European Parliament, POMES RUIZ
Subjects: France, Spain, agricultural product nomenclature, marketing, protectionism, seed, single market, trade restriction













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91996E2356

WRITTEN QUESTION No. 2356/96 by José POMÉS RUIZ to the Commission. French neoprotectionist practices in the seed and plant sector which are hindering the entry of Spanish companies on to the French market  


Official Journal C 011 , 13/01/1997 P. 0086 





WRITTEN QUESTION E-2356/96 by José Pomés Ruiz (PPE) to the Commission (27 August 1996)Subject: French neoprotectionist practices in the seed and plant sector which are hindering the entry of Spanish companies on to the French marketThere is a Community list of all seed varieties marketable in the European Union. This enables European companies, including French companies, to market their seed varieties and mixtures in Spain subject only to the condition that they are registered on the European list (a compilation of national catalogues).The French authorities continue to require varieties marketed in France to be registered in their national catalogue, which is clearly illegal in the light of Council Directive 70/457/EEC ((OJ L 225, 12.10.1970, p. 1. )) of 29 September 1970 which provides for the creation of a single European list valid for all the Member States.French distributors trading with Spanish companies must be entered on a special register, entailing an annual payment of FF 3185, something which is not required if they only market seeds and mixtures of other French companies.In addition, a special annual levy per kg. of imported seed must be paid. In order to pay this levy, French clients must complete and send to the GNIS ('Groupement national interprofessionnel de semences et de plantes') a periodic declaration of their imports.Is the Commission aware of the restrictive practices imposed on Spanish companies by French companies which market seeds and plants? Would it be possible to abolish immediately the red tape and levies which are hindering free trade in our products on Community soil?Answer given by Mr Fischler on behalf of the Commission (24 September 1996)The Commission has been informed recently that for seeds in the form of mixtures to be marketed in France the following is required:1. The mixtures of varieties of grasses for green spaces must be composed of seeds from varieties registered in the French catalogue.2. The Groupement national interprofessionnel de semences et plantes (GNIS) levies a parafiscal tax on the first sale of seed mixtures. It also levies a tax in the case of non mixed seed.3. Operators introducing seed in France are bound to register themselves at a cost of 3 185 FF per year.The Commission takes note that the Honourable Member has referred in his written question to the requirement described in 1. above extending it from mixtures of seeds to all seed varieties. The requirement stated in 3. is also covered by the written question, albeit limiting it to French operators in their transactions with Spanish firms. Furthermore, the Honourable Member alleges that an annual tax per kilogramme of seed introduced in France is levied.The Commission is looking into the above matters in order to establish whether such requirements are compatible with Community law. The Commission will seek the observations of the French authorities on this matter and its conclusions will be made available to the Honourable Member in due course.