Opinion of the Economic and Social Committee on the 'Proposal for a Council Directive amending Council Directive 92/12/EEC of 25 February 1992 as regards temporary quantitative restrictions for products subject to excise duties brought into Sweden from other Member States'
Date: 2000-07-12
Institutions: European Economic and Social Committee
Subjects: EU Member State, Sweden, alcoholic beverage, excise duty, import, originating product

19.9.2000

EN

Official Journal of the European Communities

C 268/3

Opinion of the Economic and Social Committee on the ‘Proposal for a Council Directive
amending Council Directive 92/12/EEC of 25 February 1992 as regards temporary quantitative
restrictions for products subject to excise duties brought into Sweden from other Member States’

(2000/C 268/02)

On 26 May 2000 the Council decided to consult the Economic and Social Committee, under Article 93
of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for the Single Market, Production and Consumption, which was responsible for preparing
the Committee’s work on the subject, adopted its opinion on 7 June 2000. The rapporteur was
Mr Wilkinson.

At its 374th plenary session (meeting of 12 July 2000), the Economic and Social Committee adopted the
following opinion by 97 votes to one with four abstentions.

1.

Introduction

1.1.
One of the fundamental principles of the Internal
Market is that citizens have the right to transport any goods
bought for their own use and tax and duty paid in any Member
State throughout the European Union without paying further
VAT and excise duty. This includes goods that are subject to
excise duty, such as alcohol and tobacco. There is no limit on
quantity provided that the goods are for personal use and are
transported by the citizen concerned.

1.2.
In 1996 a temporary derogation was given to Den-
mark, Finland and Sweden in Directive 96/99/EC to allow
them to apply restrictions on the quantities of alcohol and
tobacco brought onto their territory from another Member
State. For Finland and Denmark this derogation will expire at
the end of 2003; for Sweden the expiry date is 30 June 2000,
but this date is subject to a review mechanism.

1.3.
The Swedish Government has now requested an exten-
sion of the derogation to the end of 2003. The request is based
on the need for time to adapt Swedish alcohol policy but
includes a commitment to increase the quantitative limits
progressively.

2. Comments

As in the recent Opinion concerning beer imports into
2.1.
Finland (1), the Committee regrets any extension of the period
during which consumers are denied some of the benefits of

(1) OJ C 204, 18.7.2000.

the Internal Market. Here also it is clear that the need to
seek further derogation is essentially caused by significant
differences in consumer prices for the products concerned.
While differing standards of living and other factors undoubt-
edly affect prices, it is clear that by far the greatest factor is the
high excise duty rates applied in Sweden. In saying this, the
Committee notes that the Swedish alcohol policy can claim at
least some credit for the relatively low incidence of alcohol
related illnesses in Sweden.

2.2.
As the Committee commented and recognised in the
case of Finland, it is for the Swedish Government to set its
own excise rates. However, the Committee appreciates that
this proposal will avoid the need for any further derogations
by conducting education and information programmes and by
tackling the high rates of excise duty.

2.3.
The Committee shares concerns over public health,
cited by the Swedish Government as the reason to continue to
restrict the free movement of goods. However, all the evidence
is that while high prices may reduce overall consumption, they
do not deter heavy drinkers. Moreover, they lead to increased
smuggling and illegal production.
It supports the Com-
mission’s comment in the explanatory memorandum that
alcohol abuse should be combated by preventative and edu-
cational measures and by focusing on problem drinkers
rather than by relying on general measures that penalise all
consumers.

2.4.
The new alcohol programme that the Swedish govern-
ment must now introduce might provide useful examples for
other Member States when they consider, possibly in the
framework of the proposed EU policy on this, how to reduce
their problems of alcohol abuse.

C 268/4

EN

Official Journal of the European Communities

19.9.2000

3. Conclusions

The Committee supports

rec-
3.1.
ommendation that the derogation should be extended to allow
more time for the Swedish Government to make necessary
changes to its alcohol policy. It particularly welcomes the clear

the Commission’s

Brussels, 12 July 2000.

programme, agreed by the Swedish Government, for a phased
increase in the amounts that Swedish consumers may bring
into their country from other Member States.

3.2.
It also welcomes the clear decision that the basic
Internal Market freedom for the movement of goods will apply
in full from the end of 2003.

The President

of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI

Opinion of the Economic and Social Committee on the ‘Proposal for a Directive of the European
Parliament and of the Council amending Council Directive 95/50/EC on uniform procedures for
checks on the transport of dangerous goods by road’

(2000/C 268/03)

On 23 March 2000 the Council decided to consult the Economic and Social Committee, under Article 71
of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for
preparing the Committee’s work on the subject, adopted its opinion on 8 June 2000. The rapporteur was
Mr Ghigonis.

At its 374th plenary session on 12 and 13 July (meeting of 12 July 2000) the Committee adopted the
following opinion by 111 votes to 0, with 2 abstentions.

1. Commission proposal

2. General comments

The proposal for amendment of Directive 95/50/EC

1.1.
has two objectives:

— Firstly, amending Annex I to Directive 95/50/EC to bring
it into line with Directive 94/55/EC (1). The most recent
change to that Directive, aligning it with the ADR
agreement, dates from 21 May 1999 (2).

— Secondly, introducing a so-called ‘committee’ procedure
similar to the one laid down in Article 9 of Directive
94/55/EC.

(1) Council Directive 94/55/EC of 21 November 1994 on the
approximation of the laws of the Member States with regard to
the transport of dangerous goods by road (OJ L 319, 12.12.1994,
p. 7) — ESC Opinion: OJ C 195, 18.7.1994, p. 15.

(2) Commission Directive 1999/47/EC of 21 May 1999 adapting for
the second time to technical progress Council Directive 94/55/EC
on the approximation of the laws of the Member States with
regard to the transport of dangerous goods by road (OJ L 169,
5.7.1999, p. 1).

2.1.
First and foremost, the Economic and Social Com-
mittee is aware of the importance of compliance with strict
rules on the transport of dangerous goods by road, given
that any accident or incident can lead to extremely serious
consequences.

The Economic and Social Committee endorses the

2.2.
terms of the Commission proposal.

2.3.
The ESC stresses the importance of introducing the
committee procedure. With a view to the restructuring of the
ADR, expected for 1 July 2001, and bearing in mind the scale
of the adaptations to that agreement, it is essential to set up
this regulatory committee to ensure the proper functioning of
Directive 95/50/EC in future.