WRITTEN QUESTION E-1816/00 by Mauro Nobilia (UEN) to the Commission. Recovery of sums paid out under Article 29 of Law No 427/1993 on unadulterated 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.