WRITTEN QUESTION E-1412/01 by Evelyne Gebhardt (PSE), Heinz Kindermann (PSE) and Willi Görlach (PSE) to the Commission. Free trade in the plant protection sector, EU Directive 91/414/EEC.
Date: 2001-05-14
Institutions: European Parliament, Provisional data
Subjects: competition, data protection, exchange of information, monopoly, multinational enterprise, plant health product, small and medium-sized enterprises

20.12.2001

EN

Official Journal of the European Communities

C 364 E/105

the level of allocated financial resources) as part of the solution for either the immediate crisis or in the
longer term recovery. The Commission is aware of decisions, already taken or, being considered by,
Programme Monitoring Committees of current Structural Fund programmes to (cid:145)fast-track(cid:146) projects related
to tourism, promotion or marketing schemes, business support and other relevant schemes, to assist the
worst hit regions to overcome the difficulties they face.

(1) OJ L 160, 26.6.1999.

(2001/C 364 E/115)

WRITTEN QUESTION E-1412/01

by Evelyne Gebhardt (PSE), Heinz Kindermann (PSE)
and Willi G(cid:246)rlach (PSE) to the Commission

(14 May 2001)

Subject: Free trade in the plant protection sector, EU Directive 91/414/EEC

Small and medium-sized producers in the plant protection sector take the view that Directive 91/414/
EEC (1), and in particular Article 13(3)(d) thereof, consolidates the monopoly position of multinational firms
instead of promoting free trade, and argue that small and medium-sized producers do not have the
financial resources to fund the studies required to obtain renewed authorisation from the EU authorities
for existing active substances. As few firms can afford to fund such studies, they claim, this requirement
clearly places small and medium-sized producers at a competitive disadvantage.

Does the Commission endorse that view?

In the United States, by contrast, multinational companies are obliged by law to share newly completed
studies on existing active substances with their smaller competitors, subject to their paying an appropriate
share of the costs (the (cid:145)data compensation system(cid:146)).

Is it true that the situation described above arose because of the lack of legislation in the Member States on
fair access to data?

Would it be possible to consider solving such problems by means of a pan-European system to ensure fair
access to data within the framework of Directive 91/414/EEC? Would the Commission be prepared to take
action to achieve that end?

(1) OJ L 230, 19.8.1991, p. 1.

Answer given by Mr Byrne on behalf of the Commission

(23 July 2001)

Article 13, paragraphs 3 and 4, of Council Directive 91/414/EEC of 15 July 1991 concerning the placing
of plant protection products on the market contains the rules on data protection. These rules have to be
applied by Member States when granting authorizations for plant protection products.

The rules, adopted by Council in 1991, intend to strike a balance between the interest of research-based
companies and the smaller companies. The research-based companies have to invest a large amount of
money in order to present a dossier meeting the strict requirements of the Directive. The fact that smaller
companies can enter the market after the expiry of the data protection period aims to ensure that no
unlimited monopoly positions are created and that plant protection products are available at competitive
prices for users. Nevertheless, the Commission recognises the concerns expressed by smaller companies
and will consider what measures might be introduced to encourage their involvement in the market and
the development of innovative products in a forthcoming review of Directive 91/414/EEC planned for
2002.

C 364 E/106

Official Journal of the European Communities

EN

20.12.2001

The Commission is aware that the current rules are complicated to apply for Member States and are also
contested by the smaller companies. An intra-industry attempt to reach agreement between the two main
industry groupings on developing a single industry position was unsuccessful after several years of
negotiation.

The Commission will also examine the need to amend the provisions on data protection in the
forthcoming review.

(2001/C 364 E/116)

WRITTEN QUESTION E-1416/01

by Manuel PØrez `lvarez (PPE-DE) to the Commission

Subject: Equal opportunities for men and women

(14 May 2001)

The Third European Study on Working Conditions, which relates to the year 2000, does not paint a picture
the efforts being made to achieve equal
which could be described as satisfactory in the case of
opportunities for men and women.

The European Foundation considers that sex discrimination is still prevalent and that it adversely affects
working women.

This discrimination is particularly at the upper end of the job spectrum.

Is the Commission intending to devise or implement further programmes designed to promote genuine
equality of a kind which has manifestly not been achieved in occupations in which senior positions are
habitually occupied by men?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(13 July 2001)

The Honourable Member refers to the third European survey carried out by the European Foundation for
the Improvement of Living and Working Conditions in 2000.

Indeed, the results of this survey clearly show the need for a full debate on the quality of work in Europe,
in the current climate of increased competition and changing employment patterns, including the gender
equality aspects.

With regard to whether the Commission intends to pursue its efforts to promote gender equality in
occupations where the senior positions are usually held by men, the Commission would like to reassure
the Honourable Member of the on-going nature of work in this area through the Community framework
Strategy on gender equality (2001-2005) and the related programme. This programme envisages five areas
of intervention, namely gender equality in economic, social and civil life, as well as equal participation and
representation, and gender stereotyping. For the year 2001-2002 the priority theme for projects and
activities is equal pay, followed by reconciliation between family and work, women in decision-making and
gender stereotyping. Moreover, through the fourth pillar of its guidelines which expressly deals with the
issue of equal opportunities for women and men,
the European Employment Strategy has given
a significant
It is with the use of those tools and the political
commitment of Heads of Government as set out in the recent conclusions of the Stockholm European
Council that the objectives of the Community in respect of gender equality will be visibly promoted.

impetus to attain gender equality.