WRITTEN QUESTION E-2772/01 by Jonas Sjöstedt (GUE/NGL) to the Commission. Tax-free trade and EU diplomats.
Date: 2001-10-09
Institutions: European Parliament, Provisional data
Subjects: European official, derogation from EU law, diplomatic profession, duty-free sale, personal effects

C 160 E/40

Official Journal of the European Communities

EN

4.7.2002

nuclear waste is bought and sold it will fall under the internal market and hence the EC legislation. This
has not yet been tested. Since the disposal of waste itself falls within the sphere of the individual
governments, the Commission cannot direct any country to accept waste.

Does the Commission consider that the question of whether freedom of movement should apply to
nuclear waste in the internal market is still open? Could the Commission imagine intervening in this
matter despite its political sensitiveness?

Answer given by Mrs de Palacio on behalf of the Commission

(29 January 2002)

The different kinds of radioactive waste are categorised in accordance with their activity and lifetime. With
regard to short-lived low-level waste, the most abundant type, there does not seem to be much advantage
in having storage facilities common to several Member States since such facilities are available nationally
and joint operations would involve a major increase in transport. They might be a useful option in the
case of high-level waste, but there is no consensus on the matter in the Member States.

The movement of radioactive waste is subject to the rules of the internal market and to Council Directive
92/3/Euratom of 3 February 1992 on the supervision and control of shipments of radioactive waste
between Member States and into and out of the Community (1). The safety rules for the transport of
radioactive materials laid down by the International Atomic Energy Agency and transposed into national
law also apply. The movement of radioactive waste is, in addition, subject to the International Convention
on the safety of spent fuel management and the safety of radioactive waste management, currently being
ratified by the Community and the Member States.

The Commission has always called upon the Member States for solidarity with regard to the long-term
storage of radioactive waste and has encouraged Community self-sufficiency in it (cf Fourth Report from
the Commission on the present situation and prospects for radioactive waste management in the European
Union (2)). Member States producing large amounts of radioactive waste should be able to store it on their
own territory. They are also free to promote regional solutions on their own initiative. However, it is
unlikely that the Community will be able to force a Member State to accept waste produced in another
Member State.

(1) OJ L 35, 12.2.1992.
(2) COM(98) 799 final.

(2002/C 160 E/045)

WRITTEN QUESTION E-2772/01

by Jonas Sjöstedt (GUE/NGL) to the Commission

(9 October 2001)

Subject: Tax-free trade and EU diplomats

The decision to abolish tax-free sales in the EU has taken in 1991. During its accession negotiations
Finland asked for tax-free ferry traffic until 2005. It did not get it, but did get an exemption for Åland.
Åland’s exemption from VAT and excise duties applies indefinitely under Finland’s accession treaty. Seven
out of 15 Member States obtained exemptions to allow tax-free sales to continue, but not Sweden.

4.7.2002

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Official Journal of the European Communities

C 160 E/41

Another exemption is that ‘EU diplomats’ (i.e. those working at the various Commission offices) retain the
right to buy 60 litres of alcohol and 20 000 cigarettes a year tax free even after 1 July 1999. The
Commissioners are also entitled to buy alcohol tax free, but according to Commissioner Erkki Liikanen
they had promised each other (!) not to make use of this right. Have there been any changes here, or does
the exemption for EU diplomats to buy 60 litres of alcohol a year tax free still apply, and does the
Commission’s promise to each other still hold?

Answer given by Mr Bolkestein on behalf of the Commission

(15 November 2001)

it has only been
Since duty-free sales for intra-Community travellers were abolished on 1 July 1999,
possible to sell duty-free goods to travellers going to third countries. Where an aircraft or a ferry makes an
intermediate call or stopover in a third country or a territory outside the fiscal territory of the Community,
in order for passengers to embark or disembark, it will be treated as going to or coming from a third
country (1).

The Ålands islands are considered to be outside the fiscal territory of the Community. This status which
was granted upon request by Finland during the accession negotiations is justified by the particular status
the Åland islands hold under the Finnish constitution.

As regards tax-free purchases by members of the Commission and officials of the Community institutions,
the Commission would refer the Honourable Member to its reply to written questions E-4021/98 by
Mrs Boogerd-Quaak (2) and E-1996/99 by Mr Ebner (3) which remain valid.

(1) See Commission notice concerning the VAT and excise rules to be applied from 1 July 1999 by suppliers of goods
sold on board ferries and aircraft or in airports to passengers travelling within the European Union (OJ C 99,
10.4.1999).

(2) OJ C 341, 29.11.1999.
(3) OJ C 219 E, 1.8.2000.

(2002/C 160 E/046)

WRITTEN QUESTION E-2811/01

by Bill Miller (PSE) to the Commission

(10 October 2001)

Subject: Artists’ recorded performance remuneration

Can the Commission confirm that as part of the agreement reached between the EU and the accession
countries in the lead-up to enlargement, there is an aquis which will permit artists to recover the
appropriate remuneration whenever a recording they have performed on is broadcast or played in public?

If not, which countries have not agreed and why?

Answer given by Mr Verheugen on behalf of the Commission

(20 November 2001)

All accession countries are obliged to comply with the legal
framework on intellectual property in
Community law (the acquis communautaire). Council Directive 92/100/EEC of 19 November 1992 on
rental right and lending right and on certain rights related to copyright in the field of intellectual
property (1) recognises the right of performers and of phonogram producers to obtain an equitable
remuneration each time a phonogram, which has been published for commercial purposes, is broadcast or