WRITTEN QUESTION E-1455/00 by Béatrice Patrie (PSE) to the Commission. Directive on food supplements announced in the White Paper on food safety.
Date: 2000-05-10
Institutions: European Parliament, Provisional data
Subjects: European social policy, food supplement

C 46 E/194

Official Journal of the European Communities

EN

13.2.2001

However, only firms whose headquarters are situated in Italy can be incorporated into this register as
vehicle owners, with the result that every foreign leasing firm is excluded.

1.

Is the Commission aware of this state of affairs?

If so, what measures does it plan to take to deal with this breach of the principle of the free

2.
movement of goods and services?

3. What justification would the Commission give for not taking such measures?

Answer given by Mr Bolkestein on behalf of the Commission

(5 June 2000)

The Honourable Member has raised the question of the extent to which the Commission could take action
against Italian legislation which requires a leasing company from Austria to have its headquarters in Italy
in order to register its leasing vehicles in that Member State. The company intends to sign a leasing
contract with an Italian company which it has bought.

The question must be examined in relation to the free movement of services (Articles 49 et seq. (ex Article
59) of the EC Treaty), but not in relation to the free movement of goods (Articles 28 et seq. (ex Article 30)
of the EC Treaty). In the case in question it seems that a leasing contract involves providing a user with a
vehicle which he then, in all cases, returns to the leasing company at the end of the contract. The Court of
Justice has already, on several occasions, recognised the applicability of Article 49 of the EC Treaty to cases
such as this (1).

Where registration of a vehicle is subject to the condition of the leasing company having its registered
office in that Member State, that company is deprived of the right to offer its services in a Member State
other than that in which it is based.

A restriction of this kind would be justifiable only if the national measure were based on an express
derogation in Community law, such as Article 46 (ex Article 56) of the EC Treaty, or if it were based on a
compelling reason in the public interest in accordance with the principle of proportionality. Conditions of
registration must therefore be seen in the context of road safety, but also in terms of payment of
registration taxes.

With regard to all these questions, the Court of Justice has been called upon to give a verdict on a
preliminary ruling by the Vienna Commercial Court of 10 November 1999 ((cid:145)Cura Anlagen(cid:146) case,
C-451/99) concerning the interpretation of Article 49 of the EC Treaty. The case involves the same type
of constraints encountered by a German leasing company wishing to offer its leasing services in Austria.
Depending on the Court ruling, which will probably not be pronounced before 2001, the Commission
may re-examine the possibility of taking initiatives concerning this problem.

(1)

(cid:145)Aro Lease(cid:146), C-190/95, ruling of 17.7.1997; (cid:145)Lease Plan(cid:146), C 390/96, ruling of 7.5.1998.

(2001/C 46 E/231)

WRITTEN QUESTION E-1455/00

by BØatrice Patrie (PSE) to the Commission

(10 May 2000)

Subject: Directive on food supplements announced in the White Paper on food safety

In paragraph 105 of its White Paper on food safety published on 12 January 2000 (COM(1999) 719 final),
the Commission announced that it would be submitting to the Council and the Parliament a directive on
food supplements. It set itself a deadline of March 2000.

This planned directive forms part of the development of a Community nutritional policy, and nutrition is
to be one of the priorities of the French Presidency of the European Union. To date, the directive has not
been adopted by the Commission.

13.2.2001

EN

Official Journal of the European Communities

C 46 E/195

Does the Commission intend shortly to adopt this text and submit it to the Community legislative
authorities?

Will the Commission be following the advice of the scientific committees concerning maximum levels of
nutrients which may be taken daily?

Is the Commission back-pedalling under pressure from pharmaceutical companies opposed to this
directive?

Answer given by Mr Byrne on behalf of the Commission

(22 June 2000)

The Commission has adopted on 8 May 2000 the proposal for a Parliament and Council directive on food
supplements (1) and will transmit it to the Parliament and the Council imminently.

The proposal foresees the adoption of maximum levels of nutrients on the basis of a number of criteria.
One of those is upper safe levels of vitamins and minerals established by scientific risk assessment based
on generally acceptable scientific data. The Commission has asked the scientific committee for food (SCF)
for advice on such levels for vitamins and minerals. As always the Commission will give its full attention
to the advice of the SCF.

(1) COM(2000) 222 final.

(2001/C 46 E/232)

WRITTEN QUESTION E-1461/00

by Jonas Sj(cid:246)stedt (GUE/NGL) to the Commission

Subject: Conflicts of interest within the Commission

(10 May 2000)

After the Commission(cid:146)s refusal to approve the merger between Volvo and Scania, people in Sweden have
been asking whether it is proper that the Commissioner concerned had sat on the board of a competitor.
Does the Commission consider that the Commissioner responsible could be suspected of bias in such
circumstances? Has the Commission a set of principles to govern potential conflicts of interest within its
ranks?

Answer given by Mr Prodi on behalf of the Commission

(5 June 2000)

The Code of Conduct for Commissioners lays down rules with which they must comply during their term
of office and for one year after they have ceased to hold office. It requires all Commissioners to make a
declaration relating to former and current outside activities in which they have engaged, financial interests
and assets and, if appropriate, the activities of their spouses.

As regards former activities, the declaration must relate to activities engaged in over the last ten years.

The Commissioner with special responsibility for competition stated in his declaration of former activities
that he had sat on the board of various firms, including Fiat from 1988 to 1993.

The declarations were scrutinised under the authority of the President and with due regard for Members(cid:146)
areas of responsibility and were made public.