WRITTEN QUESTION P-1989/00 by Giovanni Procacci (ELDR) to the Commission. Recovery of sums paid under Article 29a of Law 427/93 on non-recycled polyethylene.
Date: 2000-06-09
Institutions: European Parliament, Provisional data
Subjects: Italy, infringement of EU law, plastics, restriction on competition, tax

C 72 E/124

Official Journal of the European Communities

EN

6.3.2001

The Commission has no information about the technical reasons regarding the wastage of almonds during
the manufacturing of (cid:145)turron(cid:146), nor estimates regarding this wastage. Therefore, the Commission believes
that the quantity of almonds indicated on the label of (cid:145)turron(cid:146) should be more or less the same as the
quantity actually contained in the product, unless specific technical considerations justify the application of
the derogations provided for by Directive 1999/10/EC.

(1) OJ L 109, 6.5.2000.

(2001/C 72 E/156)

WRITTEN QUESTION E-1816/00

by Mauro Nobilia (UEN) to the Commission

(9 June 2000)

Subject: Recovery of sums paid out under Article 29 of Law No 427/1993 on unadulterated polyethylene

By virtue of Decree-Law No 331 of 1993, converted into Law No 427/1993, the Italian Government
introduced a levy of 10 % on unadulterated polyethylene. However, there were serious doubts about the
legitimacy of this law from the outset. At Community level the Commission instituted twofold infringe-
ment proceedings (94/4232 pursuant to Article 199 of the EEC Treaty) on the grounds of a blatant
distortion of the Community market caused by the difference in the tax base for Italian goods (the value of
the raw materials) and for Community goods (the value of the manufactured product) and by the existence
of State aid in the event of the tax revenue being used.

Italy was able to avoid losing the case on the grounds that the tax was of a temporary nature, the fact that
it did not use the revenue and that it undertook to eliminate the difference in the tax base. In the
meantime, the adoption of Legislative Decree No 22/1997 abolished the tax, but without solving the
problem of the destination of the sums paid up to that moment and unused because of the veto imposed
by the Commission.

The Italian Ministry for the Treasury, when the matter was referred to it, pointed out that because of
administrative obstacles caused by the Commission(cid:146)s veto, the revenue already entered in the accounts for
the previous years could not be earmarked for the intended purpose (immediate full refunds payable to
those who had paid the sums, or to the consortium Polieco, set up pursuant to Article 48 of Legislative
Decree No 22/1997, the logical recipient of the funds by virtue of the institutional duties conferred on it,
namely the recovery and recycling of polyethylene waste).

Since a law which conflicts with Community law must be repealed retroactively (cf. CJEC 12/7/1973, case
70/72) can the Commission say:

1. what steps it intends to take and what others it will ask the Italian State to take with a view to

recovering the sums paid out pursuant to Article 29 of Law No 427/1993?

2. whether it does not consider it appropriate to make provision for compensation, even if only indirect,
for agricultural producers, the only sector actually adversely affected by the tax on polyethylene
(cf. CJEC 7/2/1993, case 39/72)?

(2001/C 72 E/157)

WRITTEN QUESTION P-1989/00

by Giovanni Procacci (ELDR) to the Commission

(9 June 2000)

Subject: Recovery of sums paid under Article 29a of Law 427/93 on non-recycled polyethylene

Italy introduced a 10 % charge on non-recycled polyethylene by means of decree-law No 331 of 1993,
later incorporated in law No 427/93.

6.3.2001

EN

Official Journal of the European Communities

C 72 E/125

The Commission subsequently launched an infringement procedure (94/4232) on two counts: distortion of
the common market by establishing a different tax base for national as opposed to Community purposes,
and the question of State aid in the event of the proceeds of the charge being reutilised.

Meanwhile, the Italian Government(cid:146)s adoption of legislative decree no. 22/1997 on waste abolished the
charge, but did not solve the problem of what to do with the sums that had already been paid but had not
been used because of the Commission(cid:146)s intervention.

In view of the fact that any legislation that infringes Community law must be repealed with retrospective
effect:

1. Could the Commission state whether it can take measures directly, and if so which, and whether it
intends to urge Italy to take measures, and if so which, with a view to recovering the sums paid?

2. Does the Commission consider that

it would be appropriate to provide compensation,

if only

indirectly, for farmers, the only sector really affected by the charge on polyethylene?

Joint answer
to Written Questions E-1816/00 and P-1989/00
given by Mr Bolkestein on behalf of the Commission

(13 July 2000)

The Commission confirms that the infringement proceedings initiated against Italy under Article 226
(formerly Article 169) of the EC Treaty for having introduced a special 10 % levy on the price of
unadulterated polyethylene have been shelved following the repeal of the law concerned.

The Court of Justice has consistently ruled that charges levied in breach of Community law must be
the repayment of sums wrongly collected is governed by the procedures and
refunded. However,
law, which may not be stricter than those applied in cases not involving
arrangements of national
Community law or make repayment excessively difficult or indeed impossible.

in accordance with the well-established case-law of the Court of

Similarly,
Justice, Community law
demands that the Member State responsible for imposing charges incompatible with that law compensate
those concerned for the injury caused by its action. Action for damages is likewise subject to the rules of
substance and procedure of national law.

The Commission will be contacting the Italian authorities to take stock of the situation.

(2001/C 72 E/158)

WRITTEN QUESTION P-1827/00

by Raimon Obiols i Germ(cid:224) (PSE) to the Council

(5 June 2000)

Subject: Algeria-EU Association agreement

After a prolonged period, the negotiations between the EU and Algeria aimed at concluding an association
agreement have entered a new phase. A new round of contacts has been launched both at a technical level,
by the Commission, and at a political level, by the Council. On 12 May, a meeting at ministerial level was
held by the Community (cid:145)troika(cid:146) in Lisbon chaired by the President-in-Office of the Council, Mr Jaime
Gama, in order to consider the state of Euro-Algerian relations. The meeting was preceded by a meeting at
diplomatic level.

The talks were meant to provide a new impetus to the political dialogue between the EU and Algeria, and
keep up the pace of negotiations, culminating in the conclusion of an association agreement satisfactory to
both parties.