WRITTEN QUESTION P-2960/00 by Carlos Bautista Ojeda (Verts/ALE) to the Commission. Variations in fuel prices in Europe.
Date: 2000-09-12
Institutions: European Parliament, Provisional data
Subjects: aid to agriculture, discriminatory price, eligibility criteria, motor fuel

3.4.2001

EN

Official Journal of the European Communities

C 103 E/233

(2001/C 103 E/272)

WRITTEN QUESTION P-2952/00

by Neil MacCormick (Verts/ALE) to the Commission

(12 September 2000)

Subject: Climate change levy

The United Kingdom Finance Act 2000 establishes a (cid:145)climate change levy(cid:146) and empowers the Government
to implement this levy.

Will the Commission scrutinise this provision to ascertain whether the levy in question is a tax in the
sense of the term relevant in and under the Treaties?

If so, will it ascertain whether it is in substance and effect a value added tax?

As such, is this not an illegal tax under Article 33 of the Sixth EC Directive on Value Added Tax, and will
the Commission therefore undertake enforcement proceedings to prevent its being levied by the UK
Government?

Answer given by Mr Bolkestein on behalf of the Commission

(6 October 2000)

Article 33 of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of
the Member States relating to turnover taxes (cid:129) Common system of value added tax: uniform basis of
assessment allows the Member States, on certain conditions, to maintain or introduce taxes, duties or
charges other than VAT, provided they cannot be characterised as turnover taxes (1).

In a series of judgments the Court of Justice has established criteria for assessing whether a levy can be
characterised as such a tax. In one of the most recent judgments the Court considered it necessary to
examine whether a levy jeopardised the working of the common system of VAT by affecting the
movement of goods and services in a manner comparable to VAT, a manner it defined in the following
terms: general application to transactions involving goods or services; taxation in proportion to the price
of the transaction; collection at every stage of the production and distribution process; deduction at each
stage of the tax due on purchases from that due on sales.

On the basis of the information available to it, the Commission feels that the levy cited by the Honourable
Member cannot be characterised as a turnover tax of the kind prohibited by Article 33 of the Sixth
Directive.

(1) OJ L 145, 13.6.1977.

(2001/C 103 E/273)

WRITTEN QUESTION P-2960/00

by Carlos Bautista Ojeda (Verts/ALE) to the Commission

(12 September 2000)

Subject: Variations in fuel prices in Europe

When the Commission is stipulating what subsidies European farmers are to receive, does it take account
of variations in fuel prices?

Does the Commission view fuel prices as a significant factor in the total production costs for agricultural
and fisheries products?

C 103 E/234

Official Journal of the European Communities

EN

3.4.2001

If so, how does the cost of diesel influence the amounts granted as subsidies? What method of calculation
is used?

If not, does the Commission plan to take this factor into consideration in the next round of COM reforms?

Answer given by Mr Fischler on behalf of the Commission

(4 October 2000)

Changing the amount of direct aid granted to Community producers is a decision for the Council, on a
proposal from the Commission. The amount of these aids was recently fixed as part of the Berlin
agreements on Agenda 2000 and Parliament played the important role assigned to it by the Treaties in
these negotiations.

The Commission is fully aware of the influence of fuel prices on the final production costs of agriculture
and fishery products.

The Commission does not believe that current fuel prices justify renegotiation of the Berlin agreements or
the increase in direct aids that would result. It is following with interest the discussions taking place in a
great many Member States and will ensure that any accords reached conform to Community rules.

Changes in producers(cid:146) income has always been one of the criteria considered by the Commission when
drawing up its proposals. If it transpires that this change in our economic circumstances is structural
rather than cyclical, the increase in the cost of fuel will then be one of the factors taken into account.

(2001/C 103 E/274)

WRITTEN QUESTION P-2971/00

by Charles Tannock (PPE-DE) to the Commission

(13 September 2000)

Subject: Powers of the Commission in connection with the protection of dogs

Following the undertaking given by Commissioner Byrne at the sitting of 6 September that he would
consider the matter and in the light of the attempt to set up a pet-passport scheme at European level, does
the Commission believe that it has the power to intervene with the German Government regarding the
proposed slaughter of large numbers of dogs,
it accepts that the German Government has been
insufficiently rigorous in discriminating between dogs which are genuinely dangerous and those that are
not? If not, will it indicate the legal basis on which it believes that the Commission(cid:146)s powers regarding pet-
passports is based.

if

Answer given by Mr Byrne on behalf of the Commission

(13 October 2000)

The Commission informs the Honourable Member that it has submitted a proposal for a Regulation (1) to
the Council with a view, among other things, to introducing a Community passport for pet animals
moving with their owners within the Community. However, these passports are intended for veterinary
purposes and should be regarded more as health cards. They should serve to limit the spread of diseases
affecting public and animal health.

Consequently, compliance of the German regulations with Community law can only be assessed on the
basis of Articles 28 and 30 (ex Articles 30 and 36) of the EC Treaty, since the Commission takes the view
that, in accordance with the principle of subsidiarity, it is for the Member States to adopt appropriate
measures to protect the life of humans, provided such measures comply with the rules of the EC Treaty.