WRITTEN QUESTION P-2720/01 by Niels Busk (ELDR) to the Commission. Production levy in France.
Date: 2001-09-26
Institutions: European Parliament, Provisional data
Subjects: CCT duties, EU control, EU law - national law, France, World Trade Organisation, beef, import tax, quasi-fiscal charge

18.4.2002

EN

Official Journal of the European Communities

C 93 E/179

Should the Commission be informed that Community law is being breached in the specific case, it would
not hesitate, as the guardian of the EC Treaty, to take all necessary measures,
including infringement
procedures under Article 226 (ex Article 169) of the EC Treaty,
in order to ensure the observance of
relevant Community law.

(1) OJ L 175, 5.7.1985.
(2) OJ L 73, 14.3.1997.

(2002/C 93 E/213)

WRITTEN QUESTION P-2720/01

by Niels Busk (ELDR) to the Commission

(26 September 2001)

Subject: Production levy in France

According to the ‘Journal Officiel de la République Française’ of 24 December 1995, Interbev (the national
meat office), in addition to the fixed production levy on animals for slaughter, is also imposing a levy of
0 084 FFR on imported beef (French beef being covered by the production levy at the slaughterhouse).

Does the Commission consider it to be compatible with Community law for beef produced in other EU
countries to be subject to an extra production levy not levied on nationally produced meat, when a levy
has already been charged in the country of origin?

Does the Commission consider it to be compatible with the GATT agreement
from non-
Community countries to be subject to a production levy over and above the internationally determined
import duties, etc.?

for beef

Answer given by Mr Fischler on behalf of the Commission

(6 November 2001)

The Commission is aware of the French legislation cited by the Honourable Member. It has contacted the
French authorities in this connection to obtain details of the planned levy. Since a parafiscal charge
apparently intended to finance the inter-branch organisation Interbev is involved, the matter is currently
being considered in the light of the agricultural rules on State aid. The Commission’s standing practice is to
regard a charge that is also levied on products imported from other Member States as having an effect
equivalent to a customs duty or as being discriminatory in accordance with the case law of the Court of
Justice.

Since the matter is currently under examination, the Commission cannot express an opinion at this stage
as to the exact nature of the charge or any effects it might have on competition or indeed on intra- and
extra-Community trade. The Commission will inform the Honourable Member of its conclusions in due
course.

As regards the levying of a charge on products from non-member countries, the Commission does not
have sufficient grounds to believe that the measures are in conflict with the Community’s commitments
under the GATT/WTO rules, and in particular under Articles II and III of GATT 1994.

(2002/C 93 E/214)

WRITTEN QUESTION P-2723/01

by Jean-Louis Bernié (EDD) to the Commission

(26 September 2001)

Subject: Natura 2000 B Habitats Directive B France B rescission by court decision of the forwarding of
lists of areas in France B consultation of local people and taking account of their opinions

In France, the Council of State rescinded by a judgment of 27 September 1999 (case no 194648) the first
notification decisions by means of which the Minister of
the Environment had forwarded to the
Commission lists relating to 534 areas eligible for inclusion in the Natura 2000 network (decisions of
16 October, 3 December and 9 December 1997).