WRITTEN QUESTION E-2094/00 by Gianfranco Dell'Alba (TDI) to the Commission. Community rules on plant protection products.
Date: 2000-06-28
Institutions: European Parliament, Provisional data
Subjects: dominant position, exchange of information, intra-EU trade, pesticide, plant health product

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the other transport modes as regards the treatment of the disabled, it acknowledges that progress can still
be made in this area.

It is thus contemplating proposals for laws in such a way as to guarantee certain rights to that category of
air passenger, such as: free assistance in getting from the aircraft to the airport; particular attention to cases
where passengers are not allowed to board, delayed or cancelled flights; reimbursing all of the costs arising
from the loss of or damage to wheelchairs, it thus suggests that the authorities responsible for air safety
should give some thought to defining the objective rules on the matter of freedom to board in order fully
to reassure disabled passengers that, where their ticket has been confirmed in full knowledge of their
disability, they may make their journey as planned.

In parallel to this, since the law cannot cover everything and voluntary action may often produce better
results, the Commission is encouraging the airlines and airports to develop user-service charters which
contain, among other things, the development and blanket application of good practices regarding the
treatment of disabled passengers.

All these initiatives obviously require highly detailed preparation and the Commission intends to conduct
the appropriate consultations. Contacts have already been made to that effect with the European
organisations representing disabled passengers.

As regards the air transport projects funded by the Community, the specialist funds such as the cohesion
fund or the budgetary heading relating to trans-European networks are used extensively in extending and
improving airport infrastructure. Although that does not specifically concern disabled-passenger accessi-
bility, these projects must obviously be in line with the laws applying in that area.

As for research, within the fifth framework programme, the programme entitled (cid:145)quality of life and
management of living resources(cid:146), and the action line (cid:145)Research relating to persons with disabilities(cid:146) enable
relevant research projects to be submitted. In addition work on information society technologies addresses
access to Information technology (IT) networks, products and services by people with special needs,
including elderly and disabled people. Though not directly addressing air transport, the results may support
elderly and disabled people indirectly, for example by providing information on access to local transport
systems (the Turtle project).

(1) COM(2000) 365 final.

(2001/C 103 E/063)

WRITTEN QUESTION E-2094/00

by Gianfranco Dell(cid:146)Alba (TDI) to the Commission

(28 June 2000)

Subject: Community rules on plant protection products

Articles 84 and 85 of the Treaty of Rome establishing the European Economic Community explicitly
prohibit abuse of dominant positions, which could have a negative impact on product prices and on the
free movement of goods and encourage practices liable to prevent other operators from entering or staying
on the market.

However, this is precisely the effect produced by Article 13 of Council Directive 91/414 (1) of 15 July
1991 concerning the placing of plant protection products on the market. The article in question gives data
holders who also produce active substances the right to deny access to that data to formulating companies,
notably small and medium-sized firms; as a result, the competent authorities of the Member States may
cancel authorisations to manufacture and sell plant protection products.

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In the light of this, can the Commission say:

(cid:129) what, if any, measures can be taken to safeguard European small and medium-sized firms in the event
that, upon completion of the review process, data holders deny applicant companies access to data on
active substances included in Annex I, or demand an exorbitant sum of money for such access;

(cid:129) what could be considered a fair, reasonable payment for the use of data, sustainable by small and

medium-sized firms, in accordance with their market share;

(cid:129) whether it would not perhaps be advisable to amend Directive 91/414, completely eliminating the
entire data protection mechanism with regard to existing active substances, in view of the investments
made to include such substances in Annex I (cid:129) one element of manufacturing costs (cid:129) investments
which could be recouped by adjusting selling prices;

(cid:129) what impact Directive 98/8/EC (2), concerning the placing of biocidal products on the market and very
similar to Directive 91/414, would have on small and medium-sized firms involved in the formulation
of such products.

(1) OJ L 230, 19.8.1991, p. 1.
(2) OJ L 123, 24.4.1998, p. 1.

Answer given by Mr Byrne on behalf of the Commission

(19 September 2000)

Council Directive 91/414/EEC of 15 July 1991 on the placing of plant protection products on the market
provides for detailed, but very complex, rules on data protection. These provisions have to be applied by
Member States when they grant authorisations for plant protection products at national level. The rules for
data protection have to serve two interests: those of the research-based companies which invest consider-
able resources in the development of active substances and have a legitimate expectation of a return on
their investment and those of the smaller companies which apply for authorisations after the period of
data protection has expired. Whereas the research-based companies ensure innovation, the presence of
smaller companies in the marketplace ensures that prices remain reasonable for users.

The Commission is currently developing a guidance document on the interpretation of the rules on data
protection. This document is not yet finalised, partly because of the contentiousness of the issues involved.
Discussions are being held with the Member States as well as with trade associations representing the
major and the smaller companies with a view to reaching an agreement on the subject.

Council Directive 91/414/EEC does not provide for an obligatory system of data sharing.

As indicated in its white paper on food safety (1), the Commission intends to make a proposal for an
amendment of Directive 91/414/EEC by mid-2002. Such an amendment could take the issue of data
protection and sharing into account. However, the Commission recognises that any proposal to amend the
provisions on data protection or data sharing would again be very contentious and would engender
considerable discussion, mainly because industry and Member States are divided on the subject.

Regarding Directive 98/8/EC of the Parliament and of the Council of 16 February 1998 concerning the
placing of biocidal products on the market, the provisions on data protection are very similar to those
contained in Directive 91/414/EEC and therefore also their impact on small and medium-sized enterprises
involved in the formulation of biocidal products will be very similar, even if the biocides Directive contains
provisions that allow Member States to take action under certain circumstances.

Directive 98/8/EC does not provide for a general obligatory system of data sharing. However Article 13(2)
provides that Member States should encourage the holders of former authorisations and applicants to co-
operate and they shall take all reasonable steps to reach agreement on the sharing of information, so as to
avoid, if possible, the duplication of testing on vertebrate animals.

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If it is not possible for applicants and holders of former authorisations of the same product to reach an
agreement on the sharing of data, Member States may introduce national measures obliging applicants and
holders of former authorisations located within their territory to share the data with a view to avoiding
duplication of testing on vertebrate animals as well as to determine both the procedure for utilising
information, and the reasonable balance of the interests of the parties concerned.

Besides, it follows from the above explanation that the Directives 91/414/EEC and 98/8/EC cannot be
considered as encouraging abuses of dominant positions within the meaning of Article 82 (ex Article 86)
of the EC Treaty.

(1) COM(1999) 719 final.

(2001/C 103 E/064)

WRITTEN QUESTION E-2103/00

by Daniel Hannan (PPE-DE) to the Commission

(30 June 2000)

Subject: Parliamentary dependants

Further to the Commission answer to my Written Question E-1215/00 (1), will the Commission identify
those persons who sit in the United Kingdom Parliament and receive (a) pensions and (b) grants from the
European Union, for instance peers who receive a pension after retirement from the civil service in
Brussels or MPs who are directors of companies which receive financial support from the EU budget?

(1) OJ C 53 E, 20.2.2001.

Answer given by Mr Kinnock on behalf of the Commission

(7 September 2000)

The Commission(cid:146)s answer to the Honourable Member(cid:146)s written question E-1215/00 (1) contains the
relevant information as far as ex-Members of the Commission of British nationality who currently benefit
from a Community pension are concerned.

As far as Commission officials are concerned, the payment of a pension after retirement does not prevent
them (while respecting Articles 16 and 17 of the Staff Regulations) taking up another position.

Grade A1 and A2 officials who were retired in the interests of the service by decision of the appointing
authority (Article 50 of the Staff Regulations) receive a monthly indemnity for a fixed period. Article 50
provides that income received from any new employment, during the period in which the former official
benefits from that allowance, shall be deducted from that allowance, if the income and the allowance
together exceed the total remuneration last received by the official.

At 10 July 2000 eight such former Commission officials of British nationality are receiving this allowance,
The information relating to income from professional sources supplied to the Commission does not, at
present, necessitate a review of any of these indemnities.

No persons in the UK Parliament receive (cid:145)grants(cid:146)
the
Commission(cid:146)s knowledge, Lord Williamson the former Secretary General of the Commission, is the only
former Commission official in either House of Parliament and, naturally, he receives the retirement pension
to which he is entitled.

from the European Union. To the best of