WRITTEN QUESTION No. 1818/98 by Sir Jack STEWART-CLARK to the Commission. Export of incapacitants from the UK to EU Member States
Date: 1998-05-29
Institutions: European Parliament, STEWART-CLARK
Subjects: United Kingdom, chemical weapon, export, free movement of goods, national law, public health, public safety, trade restriction

22.2.1999

EN

Official Journal of the European Communities

C 50/97

Answer given by Mr Oreja on behalf of the Commission

(23 July 1998)

Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovak Republic and
Slovenia, the countries of Central and Eastern Europe, have asked to participate in the Raphael Programme in
1999, the only Community cultural programme that will still be in operation at that date.

The Commission has presented a proposal relating to the (cid:145)First European Community framework programme in
support of culture (2000-2004)(cid:146) (1).

In 1999, the Commission will launch preparatory measures for the programme, the terms of which it is currently
drawing up. Here, the conditions under which the countries of central and eastern Europe can participate will be
examined very closely.

(1) COM(98) 266 final.

(1999/C 50/140)

WRITTEN QUESTION P-1818/98

by Sir Jack Stewart-Clark (PPE) to the Commission

Subject: Export of incapacitants from the UK to EU Member States

(29 May 1998)

A company in my East Sussex constituency is a manufacturer of incapacitants for the police and security markets
world-wide. The cost of sending a sample of an incapacitant spray to potential customers in EU Member States is
£180. In addition to these exceedingly high costs there appears to be no common classification system for such
products in the EU. In some countries incapacitant sprays are categorized as incapacitants, in others as a ballistic
firearm.

1. What measures exist at European level which are applicable in all Member States for a clear classification of
incapacitants?

2. What
incapacitants across national borders in the EU?

legislative framework exists at European level for courier companies engaged to transport

Are there any measures in place which could help to reduce the high costs of exporting samples of

3.
incapacitants to other Member States? If not, what action will the Commission take on this matter?

Answer given by Mr Monti on behalf of the Commission

(15 July 1998)

1. and 2.
courier companies at Community level.

Currently, there are no specific rules relating to incapacitants, their classification or their transport by

3.
In the absence of harmonised rules at Community level, Member States are free to adopt legislation, for
example concerning the classification of the products mentioned, in order to protect legitimate interests, such as
public safety and health. However, obstacles to intra-Community trade which arise as a result of such national
legislation are only acceptable if they are compatible with the EC Treaty, in particular the provisions on the free
movement of goods in Articles 30 to 36. This means that any national measures which regulate the production and
marketing of incapacitants or might result in a high cost of exporting sample incapacitants might be considered as
measures having equivalent effect falling within Article 30 EC Treaty if they restrict trade. Such measures could
however be justified under Article 36 if they are necessary for the protection of the health and safety of for
example the users of the incapacitants and proportionate in that it is not possible to achieve the same objective
with other measures which are less restrictive to trade.