WRITTEN QUESTION E-3221/00 by Glyn Ford (PSE) to the Council. Tobacco directive derogation.
Date: 2000-10-20
Institutions: European Parliament, Provisional data
Subjects: Greece, United Kingdom, derogation from EU law, infringement of EU law, market approval, tobacco industry

19.6.2001

EN

Official Journal of the European Communities

C 174 E/25

3. Does the Commission consider that the financing of the studio theme park with funds generated from

public fees constitutes unauthorised financial aid under Article 87(1) of the EEC Treaty?

4. What does the Commission understand by the (cid:145)public-service broadcasting remit(cid:146)?

5. How does the Commission intend to monitor, in accordance with the public-service broadcasting
remit,
funding
supervision system involving a body whose task is to establish the financial needs of broadcasting
corporations?

the ZDF studio theme park under the current

the operation and utilisation of

6. How will the Commission ensure that, with a view to transparent public accounting, no funds
generating from public fees will be used as state aid for the planning, development and utilisation of
the ZDF studio theme park?

Answer given by Mr Monti on behalf of the Commission

(14 December 2000)

1. and 2.
The Commission has not reached any conclusion regarding the planned development of a
studio theme park by Zweites Deutsches Fernsehen (the ZDF). Until now the Commission has dealt only
with complaints received regarding the ZDF plan. It originally informed the applicants that the information
at its disposal did not indicate that state aid would be used to develop the studio theme park. The
applicants have since supplied further information, which is currently being examined.

3. and 5.
The Commission has not found that the studio theme park is being financed with funds from
public licence fees. Consequently, it has not concluded that the financing is in breach of Article 87(1) of
the EC Treaty. For this reason there is no cause to consider monitoring the operation or utilisation of the
studio theme park.

The definition of (cid:145)public-service broadcasting remit(cid:146) is a matter for the Member States, not for the

4.
Commission.

6.
In principle, Commission Directive 2000/52/EC of 26 July 2000 amending Directive 80/723/EEC on
the transparency of financial relations between Member States and public undertakings (1) also applies to
the broadcasting sector. However, the requirement to keep separate accounts applies solely where a
company conducts different activities and not in the case where activities are conducted by different legal
persons.

Where it is necessary to examine a complaint concerning the infringement of state aid rules, it is the
Commission(cid:146)s practice to request information from the Member State concerned. There is normally no
reason to doubt the accuracy of this information.

(1) OJ L 193, 29.7.2000.

(2001/C 174 E/025)

WRITTEN QUESTION E-3221/00

by Glyn Ford (PSE) to the Council

(20 October 2000)

Subject: Tobacco directive derogation

The common position on the EU Directive on Tobacco will ban the manufacture in and export from the
EU of cigarettes of above 10 mg of tar from 1 January 2004 in 14 out of the 15 Member States. It will,
however, include a derogation for Greece that will allow manufacture, distribution and export of cigarettes
above this level until 2007. Is this not a clear breach of single market and competition legislation which
will discriminate against other EU manufacturers, particularly in the UK, who would be affected by a
similar social economic impact?

C 174 E/26

Official Journal of the European Communities

EN

19.6.2001

Reply

(26 February 2001)

The common position adopted by the Council on 31 July 2000 (1) provides that, as from 1 January 2004,
the yield of cigarettes released for free circulation, marketed or manufactured in the Member States shall
not be greater than 10 mg per cigarette for tar.

As you have pointed out, the common position includes a temporary derogation for Greece with regard to
the maximum tar yield of cigarettes manufactured and marketed within its territory. As a result, it will not
be possible for cigarettes manufactured in Greece with tar yields over 10 mg to be marketed outside
Greece.

As the Honourable Member is aware, this directive is intended to promote the elimination of those
differences between the Member States(cid:146) laws, regulations and administrative provisions on the manufac-
ture, presentation and sale of tobacco products which impede the functioning of the internal market.

As a consequence of the case law of the Court of Justice, Community legislation should be applied
uniformly in all the Member States. However, a derogation is possible when, as in this case, the derogation
is objectively justified and limited in time.

(1) OJ C 300, 20.10.2000, p. 49.

(2001/C 174 E/026)

WRITTEN QUESTION E-3223/00

by Robert Evans (PSE) to the Commission

(17 October 2000)

Subject: Transport of animals and compliance with Council Directive 91/628/EEC

The Commission recently published a report on a mission to France in November 1999 concerning
staging points for the long-distance transport of animals. The report stated that 40 % of the vehicles from
another Member State which were due to stop at a French staging point failed to do so. The Commission
also visited a port at which a ferry arrived carrying livestock vehicles from another Member State. The
Commission found numerous irregularities in the vehicles(cid:146) route plans. They also found that, out of seven
vehicles whose route plans indicated they would rest the animals at a particular place, only three in fact
did so.

Could the Commission ascertain:

1.

2.

the Member State from which the vehicles came in both of the above incidents, and

the steps which are being taken to persuade France and the other Member States to enforce EU law on
the need for:

(a)

(b)

route plans to include all the information required by Council Directive 91/628/EEC (1) and

transporters to comply with their route plans and give animals the rest periods required by the
Directive?

(1) OJ L 340, 11.12.1991, p. 17.

Answer given by Mr Byrne on behalf of the Commission

(16 January 2001)

During the mission of the Commission(cid:146)s Food and Veterinary Office (FVO) to France in November 1999,
the findings at the French port and staging point, to which the Honourable Member refers, concerned
transporters whose journeys originated in Ireland.