WRITTEN QUESTION E-2170/01 by Jonas Sjöstedt (GUE/NGL) to the Commission. Ban on Kinder Eggs.
Date: 2001-07-19
Institutions: European Parliament, Provisional data
Subjects: EU law - national law, Portugal, confectionery product, consumer protection, free movement of goods, market approval, product safety, single market

C 40 E/206

Official Journal of the European Communities

EN

14.2.2002

(2002/C 40 E/220)

WRITTEN QUESTION E-2161/01

by Jorge HernÆndez Mollar (PPE-DE) to the Commission

Subject: European support for dried fruit producers

(19 July 2001)

The dried fruit sector in the Spanish province of Malaga will lose more than ESP one billion per year if the
European Union decides not to provide it with aid for improving infrastructures and modernisation.

In the province of Malaga, almond production is located in outlying, inaccessible areas, where other crops
cannot be grown. Furthermore, the land is arid, with the result that per hectare production is barely one
quarter of what a similar parcel of land would produce in California, making it clearly impossible to
compete.

Does the Commission agree that it should continue its previous approach as regards aid to the dried fruit
sector, to prevent a catastrophe befalling this single-crop economy, which represents the sole livelihood for
so many families, such as those in the province of Malaga?

Answer given by Mr Fischler on behalf of the Commission

(6 September 2001)

The following conclusions regarding the nuts sector are drawn from the Council meeting on agriculture of
23 July 2001:

The Council held a wide-ranging discussion on the situation in the nuts sector.

The Council noted that the Commission had begun an in-depth analysis of all aspects relating to the
future of this sector. The analysis would focus in particular on the economic, social and environmental
aspects of nut production.

The Council called on the Commission to submit the conclusions of that analysis and any appropriate
proposals to it as soon as possible.

The analysis referred to in those conclusions will cover inter alia the difficulties affecting almond producers
in outlying, inaccessible areas.

(2002/C 40 E/221)

WRITTEN QUESTION E-2170/01

by Jonas Sj(cid:246)stedt (GUE/NGL) to the Commission

(19 July 2001)

Subject: Ban on Kinder Eggs

Kinder Eggs have been a controversial product and have caused several serious accidents as result of
children swallowing the plastic toys they contain.

Portugal last year passed legislation prohibiting Kinder Eggs after a number of children were hurt. Sweden(cid:146)s
National Consumer Protection Agency has also proposed that they be prohibited.

Can a Member State ban Kinder Eggs whilst they are still permitted in other Member States?

14.2.2002

EN

Official Journal of the European Communities

C 40 E/207

Answer given by Mr Liikanen on behalf of the Commission

(3 October 2001)

Concerning the potential risks of the products in question, the Commission would refer the Honourable
Member to the Commission replies to Written Questions E-2479/97 by Mr Whitehead (1), E-3085/97 by
Mr ApolinÆrio (2), E-3813-97 by Mr Graenitz (3), E-2630/00 by Mr Moreira da Silva (4), E-2631/00 by
Mrs Damiªo (4) and E-2632/00 by Mr Lage (4), and to the result of Petition No 280/99 on the subject of
toys contained in foodstuff.

The products in question are not specifically covered by Council Directive 88/378/EEC of 3 May 1988 on
the safety of toys (5), although Council Directive 92/59/EEC of 29 June 1992 on General Product Safety (6)
is applicable in relation to possible risks.

According to the case law of the Court of Justice, in the absence of harmonisation of legislation, national
measures restricting the imports of certain products, including also those applying to all products without
distinction, are prohibited by article 28 (ex Article 30) of the EC Treaty unless they can be justified by a
public-interest objective taking precedence over the free movement of goods and are proportionate to that
objective. This implies that the principle of mutual recognition must be complied with.

Any measures related to the products in question should therefore be examined in the light of the
assessment of the risks posed and the principles mentioned above.

As legislation passed last year in Portugal failed to comply with the principle of mutual recognition, the
Commission initiated infringement proceedings against that Member State. As a result, Portugal is not
enforcing that legislation and has notified draft legislation intended to put it in line with Community law.
The Commission, which has also had the occasion to examine similar measures proposed by Greece, has
considered, on the basis of the justifications presented to it, that they were not proportional to the declared
objectives.

(1) OJ C 82, 17.3.1998.
(2) OJ C 102, 3.4.1998.
(3) OJ C 196, 22.6.1998.
(4) OJ C 136 E, 8.5.2001.
(5) OJ L 187, 16.7.1988.
(6) OJ L 228, 11.8.1992.

(2002/C 40 E/222)

WRITTEN QUESTION P-2173/01

by Helena Torres Marques (PSE) to the Commission

Subject: The internal market and the euro area credit card system

(12 July 2001)

The commission charged for the use of credit cards continues to operate on a country-by-country basis.

When is the Commission going to propose legislation designed to create a single market in this field,
thereby enabling businesses which establish contracts with credit card issuers (VISA, Mastercard, etc.) to do
so where it is most advantageous for them and not compulsorily in their own country, as is currently the
case?

As an example, an Accord group hotel in France has agreed a rate of less than 1 % with VISA, whereas in
Portugal the rate is 5 %. How does the internal market function in this area?

What we are concerned with here is the full range of goods and services which are paid for by credit card
and the major impact which this matter has on the inflation rate, consumers(cid:146) purchasing power and, in
particular, the profits of SMEs.