WRITTEN QUESTION E-1772/99 by Herbert Bösch (PSE) to the Commission. Proceedings pending before ECJ concerning Austrian drinks tax (C-437/97).
Date: 1999-10-11
Institutions: European Parliament, Provisional data
Subjects: Austria, EU law - national law, beverage, infringement procedure (EU), tax system

20.6.2000

EN

Official Journal of the European Communities

C 170 E/97

The Commission is carrying out a thorough examination of the problem and will keep the Honourable
Member informed of its conclusions.

The Commission regrets the delay in replying to the letter referred to by the Honourable Member. The
body in question has recently received a letter on this subject.

(2000/C 170 E/112)

WRITTEN QUESTION E-1769/99

by Jan Andersson (PSE) to the Commission

(11 October 1999)

Subject: Introduction of a common EU-wide bottle recycling system

Drinks packaging currently contributes to the serious waste management problems faced by the majority
of Member States. Certain countries have introduced systems for recycling bottles but in some cases find it
difficult to collect sufficient quantities to make such systems economical. One possible solution might be
to introduce a common, EU-wide system, which would help to ensure that bottles are collected in
sufficient quantities and alleviate the growing problem posed by large volumes of household waste.

Is the Commission planning to introduce a common EU-wide system for recycling glass bottles?

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(17 November 1999)

The encouragement of reuse systems of packaging in the Member States is one of the measures foreseen
by Parliament and Council Directive 94/0062/EC of 20 December 1994 on packaging and packaging
waste (1) in order to prevent or reduce the environmental impact of packaging waste provided that the
packaging can be reused in an environmentally sound manner in conformity with the Treaty.

Several Member States have established reuse systems or reinforced their traditional old systems, such as
Denmark, Germany, The Netherlands, Austria, Finland, and Sweden. Currently, reuse rates of up to 90 %
have been achieved for beverages packaging in some of these Member States.

However, the setting up of a European system for reuse is a rather complex issue where several aspects
(standardisation, transport distances) play a role. This makes it difficult to harmonise the existing reuse
systems, which have been historically developed along different lines. Moreover, the need to ensure a high
level of environmental protection needs to be combined with internal market rules.

The Commission will however take advantage of the revision process of the Directive 94/0062/EC, which
should start before the end of this year, to further improve the reuse systems of packaging in the Member
States.

(1) OJ L 365, 31.12.1994.

(2000/C 170 E/113)

WRITTEN QUESTION E-1772/99

by Herbert B(cid:246)sch (PSE) to the Commission

(11 October 1999)

Subject: Proceedings pending before ECJ concerning Austrian drinks tax (C-437/97)

A drinks tax is levied throughout Austria on all drinks,
in the form of a local tax. EU Commission
representatives had always confirmed that the Austrian drinks tax complied with the requirements of EU

C 170 E/98

Official Journal of the European Communities

EN

20.6.2000

law. It was for that reason that no substantive provisions relating to it were written into the Accession
Treaty. But a complaint has now been brought before the European Court of Justice alleging that the
drinks tax does not conform to EU law. That is confirmed in the Advocate General(cid:146)s opinion of 1 July
1999.

The Commission is asked the following questions:

1.

Is the Commission in possession of documentation relating to scrutiny of the Austrian tax system, in
particular the drinks tax, for compatibility with Community law?

2. What position did the Commission adopt in the years 1991 and 1992 in relation to the German

drinks tax?

3.

For what reasons did the Commission change its position between the early nineties and the
proceedings now pending before the ECJ?

Answer given by Mr Bolkestein on behalf of the Commission

(1 December 1999)

1. and 3.
There has been no change in the Commission(cid:146)s position in this matter. The Commission first
addressed the matter in early 1998 when it requested a preliminary ruling in C-437/97. At the same time
it initiated proceedings under Article 226 of the EC Treaty (ex-Article 169) because it believed the Austrian
tax to breach Community law. This procedure has now reached the stage of the reasoned opinion.

Neither in 1991, 1992 nor indeed at any other time has the Commission had to adopt an official

2.
position on the compatibility of Germany(cid:146)s drinks tax with Community law.

(2000/C 170 E/114)

WRITTEN QUESTION E-1777/99

by Brian Simpson (PSE) to the Commission

(11 October 1999)

Subject: The welfare of pigs

Article 6 of Council Directive 91/630 (1) laying down minimum standards for the protection of pigs
requires the Commission, by 1 October 1997, to submit to the Council a report, drawn up on the basis of
an opinion from the Scientific Veterinary Committee, on intensive pig-rearing systems. Article 6 stipulates
that the Commission(cid:146)s report shall be accompanied by appropriate proposals which take account of the
report(cid:146)s conclusions.

On 30 September 1997 the Scientific Veterinary Committee published its opinion which, amongst other
things, condemned the use of sow stalls, i.e. stalls so narrow that the sow cannot even turn round.

Will the Commission state when it intends to submit the report required by Article 6 of 91/0630/EEC?
Moreover, will the Commission(cid:146)s proposals take account of the Scientific Veterinary Committee(cid:146)s conclu-
sion that (cid:145)No individual pen should be used which does not allow the sow to turn around easily(cid:146)?

(1) OJ L 340, 11.12.1991, p. 33.

Answer given by Mr Byrne on behalf of the Commission

(12 November 1999)

Council Directive 91/0630/EEC of 19 November 1991 laying down minimum standards for the protection
of pigs, provides for a report from the Commission on different aspects concerning the keeping of pigs in
intensive rearing systems with particular regard to the welfare of sows reared in varying degrees of
confinement and in groups.