WRITTEN QUESTION No. 4039/98 by Antonios TRAKATELLIS Infringement of Community law and more efficient operation of the market in Greece
Date: 1999-01-13
Institutions: European Parliament, TRAKATELLIS
Subjects: European Commission, Greece, consumer information, distributor, exchange of information, foodstuff, infringement of EU law, infringement procedure (EU), preparation for market, product designation

C 289/118

Official Journal of the European Communities

EN

11.10.1999

(1999/C 289/155)

WRITTEN QUESTION E-4039/98

by Antonios Trakatellis (PPE) to the Commission

(13 January 1999)

Subject: Infringement of Community law and more efficient operation of the market in Greece

As the Commission indicated in reply to my written question (P-2344/98 of 5 August 1998) (1), Greek Law No
2538/97 prohibiting the use of ingredients from different areas in certain food products (dairy products, olive
oil, packaged fruit juices, honey and packaged meat products) is an infringement of Articles 30 et seq. of the EC
Treaty. The Commission accordingly launched infringement proceedings requesting further information. One
year after its adoption, the law in question is still applicable, causing uncertainty and creating major anomalies
in the production and marketing sectors.

Since the Greek authorities now recognise the infringement, having provided written assurances in July to the
Commission ‘that the measure at issue... would have to be repealed following an amendment tabled by the
national parliament’ (as indicated by the Commission in reply to my question) how is to possible that no action
has been taken to date by the relevant authorities?

Can the Commission remain inactive in view of this infringement and why does it not investigate the extent to
which the Greek authorities are complying with the assurances they have given concerning the repeal of this
law, which provides for checks, sanctions and penalties, causing severe disruption of the market?

What steps will the Commission take to bring an immediate end to the current climate of uncertainty on the
Greek market because of this law and what action will it take to ensure definitively the efficient functioning of
the market and facilitate business planning in Greece?

(1) OJ C 13, 18.1.1999, p. 157.

Answer given by Mr Bangemann on behalf of the Commission

(24 February 1999)

The Greek authorities have indicated, by letter of 9 November 1998, that they are taking steps to adopt
legislation repealing the offending provisions of Law 2538/97. The adoption of the legislation in question
should be completed in the course of 1999. Furthermore, in the light of the abovementioned draft legislation,
the administration will meanwhile refrain from applying the relevant provisions of Law 2538/97.

On 30 January 1999 the Commission sent a new letter to the Greek authorities asking them (i) to give details of
the timetable envisaged for the adoption of the legislation, and (ii) to indicate whether an administrative
circular has been published for the attention of the official control authorities and the economic operators
stipulating that the offending provisions of Law 2538/97 are no longer applicable.

(1999/C 289/156)

WRITTEN QUESTION E-4040/98

by Antonios Trakatellis (PPE) to the Commission

(13 January 1999)

Subject: Infringement of Community law by Greek legislation concerning the labelling of foodstuffs

Greek Law No 2538/97 contains a number of provisions regarding certain food products (dairy products, olive
oil, packaged fruit juices, honey and packaged meat products) regarding compulsory labelling, creating a
major burden for the food production and marketing sectors and generating a disproportionate volume of
bureaucracy. At the same time, it is hampering intra-Community trade. The law in question also provides for
monitoring procedures, administrative penalties and fines, together with criminal sanctions for infringement
of its provisions.