WRITTEN QUESTION E-0641/01 by Francesco Speroni (TDI) to the Commission. Milk brand names.
Date: 2001-03-06
Institutions: European Parliament, Provisional data
Subjects: Italy, designation of origin, infringement of EU law, labelling, milk, product designation

13.11.2001

EN

Official Journal of the European Communities

C 318 E/91

is able to eliminate competition, this firm is dominant. This automatically implies that once dominant
a company cannot fulfil all four conditions for exemption under Article 81(3) and individual exemption of
its agreements is thus not possible. This is why, for instance, dominant companies should in general refrain
from imposing non-compete obligations or applying loyalty rebates.

The described application of the Community competition rules is in agreement with the fundamental
principle of non-discrimination as it treats equally firms who are in a similar situation; it treats equally
those that are equal. However, the rules make a justified difference in treatment between companies that
are not in a similar position. To treat differently those that are not equal does not conflict with the
principle of non-discrimination. The rules are stricter for those with market power than for those without
and the rules are strictest for dominant companies. Articles 81 and 82 (ex Article 86) of the EC Treaty
make it clear that dominant companies can not engage in certain practices open to non-dominant
companies because they are not in a similar market position.

(2001/C 318 E/094)

WRITTEN QUESTION E-0640/01

by Robert Sturdy (PPE-DE) to the Commission

Subject: Environmental impact of Low Frequency Active Sonar

(6 March 2001)

It has been alleged in Germany that sound waves from Low Frequency Active Sonar (LFAS) both above
and below water cause harm to cetaceans in the EU(cid:146)s seas. The German government has been testing LFAS
systems for military purposes.

Is the European Commission, in one of its many environmental research capacities, considering this issue
and studying the effects of LFAS on the marine environment?

Answer given by Mr Busquin on behalf of the Commission

(4 May 2001)

Although the specific programme on (cid:145)Energy, environment and sustainable development (cid:129) Key action 3:
Sustainable marine ecosystems(cid:146) in no way precludes taking proposals for research on the impact of Low
Frequency Active Sonar (LFAS) systems on cetaceans into consideration, the Commission has received no
applications for funding research on this subject in response to the invitations to submit proposals
published for this programme to date.

(2001/C 318 E/095)

WRITTEN QUESTION E-0641/01

by Francesco Speroni (TDI) to the Commission

(6 March 2001)

Subject: Milk brand names

In Italy cartons of milk are marketed using the names of specific geographical areas (for example, Busto
Arsizio milk or Brianza milk) without there being any connection between the area mentioned on the
packaging and the area in which the milk is actually produced, which may be different.

Can the Commission say whether or not such commercial practices are in breach of the regulations in
force in this area?

C 318 E/92

Official Journal of the European Communities

EN

13.11.2001

Answer given by M. Byrne on behalf of the Commission

(22 May 2001)

The milk brand names to which the Honourable Member refers are not registered as (cid:145)Protected
designations of origin(cid:146) or (cid:145)Protected geographical indications(cid:146) within the meaning of Council Regulation
(EEC) No 2081/92 of 14 July 1992 on the protection of geographical
indications and designations of
origin for agricultural products and foodstuffs (1).

Article 2 of Directive 2000/13/EC of the European Parliament and of the Council on the approximation of
the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (2)
provides that the labelling and methods used must not be such as could mislead the purchaser ((cid:133)) as to
the characteristics of the foodstuff and, in particular ((cid:133)) the origin or provenance (of that foodstuff).

A name or indication in the labelling referring to a specific region would therefore be admissible only if
the foodstuff was actually produced in that region.

The Commission will contact the Italian authorities to obtain further information so that it can look into
the case reported by the Honourable Member.

(1) OJ L 208, 24.7.1992.
(2) OJ L 109, 6.5.2000.

(2001/C 318 E/096)

WRITTEN QUESTION E-0645/01

by Alexander de Roo (Verts/ALE), Mar(cid:237)a Sornosa Mart(cid:237)nez (PSE)
and Laura GonzÆlez `lvarez (GUE/NGL) to the Commission

Subject: Spanish National Hydrological Plan and EU law

(6 March 2001)

Has the Spanish Government informed the European Commission officially of their recently proposed
National Hydrological Plan (NHP)?

Is the European Commission aware that according to Birdlife International
(see www.seo.org/es/
conservation.html) this NHP cuts through no fewer than 109 areas which are protected by the EU
Habitats and Birds Directives? Is the European Commission aware that this NHP threatens the existence of
the Iberian lynx and dozens of other fauna and flora species?

In the Ebro river delta alone 30 protected areas are under threat.

According to Article 6 of
these Directives such plans as NHP are allowed only when the Spanish
Government proves that there are no alternatives. Has the Spanish Government proved this to the
European Commission?

Are there not at least two alternatives for this NHP:

1. Using existing water resources much more rationally and installing drip-irrigation installations for

agriculture (like in Israel) instead of flooding the whole agricultural land;

2. Desalinisation of water from the Mediterranean Sea is cheaper than the NHP according to studies from
the government of Aragon (see General submissions and considerations concerning the National
Hydrological Plan)?

Will the European Commission point out to the Spanish Government that this NHP violates the EU
Habitats and Birds Directives?