WRITTEN QUESTION E-2288/00 by Hiltrud Breyer (Verts/ALE) to the Commission. Construction products Directive 89/106/EEC.
Date: 2000-07-11
Institutions: European Parliament, Provisional data
Subjects: Germany, building materials, competence of the Member States, national implementing measure, product safety

3.4.2001

EN

Official Journal of the European Communities

C 103 E/109

abolition of fiscal frontiers, lays down that where the taxable supply of goods or of services is effected by a
trader established abroad, Member States may adopt arrangements whereby tax is payable by another
person, including a tax representative.

The Directive does not lay down the conditions or procedures required for designating the representative.
As tax harmonisation stands at present, a Member State is therefore free to determine the conditions and
procedure which will enable it to obtain guarantees that the tax obligations of a trader not established in
its territory will be fulfilled.

in certain Member States, the tax representative must receive authorisation from the
Consequently,
administration or lodge security, whereas in others the formalities for appointing the tax representative
are simpler. In any event, while the case raised by the Honourable Member does not raise problems of
conformity with the VAT Directives, there is a question of conformity with the principle of the freedom to
provide services set out in Article 49 (ex Article 59) of the EC Treaty.

Under this principle, a tax representative established in a Member State and conducting his or her activity
there must be able occasionally to provide services in another Member State without being obliged to
become established there. An obligation of this kind would in fact negate this very principle and constitute
discrimination which could not be justified on grounds of public policy, public health or public security as
provided for in Article 46 (former Article 56) of the EC Treaty, to which Article 55 (former Article 66) of
the EC Treaty refers. In the light of the information provided, the Commission is not able to take a
definitive position on the case set out by the Honourable Member and requests him to pass on the relevant
documents so that they can be examined.

More generally, and in order to encourage the development of trade within the single market, the
Commission put a proposal for a new VAT directive (3) to the Council in 1998 with the aim of ending
the possibility of imposing on traders in other Member States the designation of a representative liable for
the tax.

(1) OJ L 145, 13.6.1977.
(2) OJ L 376, 31.12.1991.
(3) OJ C 409, 30.12.1998.

(2001/C 103 E/120)

WRITTEN QUESTION E-2288/00

by Hiltrud Breyer (Verts/ALE) to the Commission

Subject: Construction products Directive 89/106/EEC

(11 July 2000)

The Federal Republic of Germany has not correctly transposed construction products Directive 89/106/
EEC (1) of 21 December 1988 into national law as it applies to fundamental characteristics (viz. hygiene,
health, preventive aspects of environmental protection).

The following give particular cause for concern in this connection:

(cid:129) the release of toxic gases or other substances from construction materials, and

(cid:129) the presence of hazardous particles or gases in the air

in relation to the long-term use of premises for human occupation and their impact on human health. It
has moreover been determined that any systematic assessment of construction-product induced emissions/
immissions is completely absent.

Is the Commission aware that none of these aspects has been transposed into the corresponding

1.
German land construction regulations in a legally effective manner?

2. What action will the Commission take to rectify this irregularity?

3. Will the Commission consider bringing Treaty-violation proceedings in accordance with Article 226
against the Federal Republic?

(1) OJ L 40, 11.2.1989, p. 12.

C 103 E/110

Official Journal of the European Communities

EN

3.4.2001

Answer given by Mr Liikanen on behalf of the Commission

(8 September 2000)

Germany notified its legal texts transposing Council Directive 89/106/EEC to the Commission between
1993 and 1995, under the references 94/4/D, 94/123/D, 95/379/D and 95/380/D. Aside from observa-
tions relating to the absence of a mutual recognition clause, which was subsequently rectified,
the
Commission found the transpositions to be in accordance with the provisions of the Directive.

In this context, it has to be recalled that the main objective of Directive 89/106/EEC is the establishment
and functioning of the internal market for construction products through the approximation of the laws,
regulations and administrative provisions of the Member States relating to such products. However, in
accordance with the principle of subsidiarity, the Directive foresees that responsibility for the safety of
buildings and civil engineering works remains within the competence of the Member States. It follows that
the decision to regulate or not for any of the essential requirements of the Directive (for example, that
relating to health, hygiene and the environment, which covers the release of toxic substances) is a matter
for the Member States themselves.

The Commission is aware that the Germany has transposed the relevant European legislation relating to
dangerous substances, in particular Council Directive 76/769/EEC of 27 July 1976 on the approximation
of the laws, regulations and administrative provisions of the Member States relating to restrictions on the
marketing and use of certain dangerous substances and preparations (1), as amended. However,
the
question of whether to go beyond these obligations and to regulate for a systematic assessment of
emissions caused by construction products is a matter for the German authorities rather than the
Commission.

For the above reasons, the Commission does not currently propose to initiate any measures against
Germany in respect of the application of the essential requirements of Directive 89/106/EEC.

(1) OJ L 262, 27.9.1976.

(2001/C 103 E/121)

WRITTEN QUESTION E-2293/00

by James Nicholson (PPE-DE) to the Council

(11 July 2000)

Subject: Humanitarian aid to South Sudan

Will the Council make a statement on its decision to end humanitarian aid to South Sudan and advise of
what representations it has made regarding alleged human rights abuses by the Sudan Government?

Reply

(9 November 2000)

The Honourable Member(cid:146)s attention is drawn to the fact that the Council has never taken a decision to end
humanitarian aid to South Sudan. However, in a declaration by the Presidency on 8 March 2000 the
European Union expressed its grave concern at the conditions imposed by the SPLM/SRRA on NGOs
working in southern Sudan, leading to the withdrawal of many of those organisations. It urged the SPLM/
SRRA to consider resuming negotiations with the NGOs as soon as possible with the objective of creating
conditions to enable the NGOs to carry out humanitarian operations unhindered and in accordance with
international humanitarian law.

As regards the human rights situation in Sudan, the European Union has in recent years regularly raised
the question within the Commission on Human Rights in Geneva and in other relevant United Nations
bodies and, since 1999, directly with the Sudanese authorities in the framework of the renewed EU-Sudan
dialogue. In particular, the renewed EU-Sudan dialogue meetings held to date have made it possible to
discuss frankly and constructively numerous topics relating to human rights in Sudan.