WRITTEN QUESTION P-2977/01 by Werner Langen (PPE-DE) to the Commission. Deliveries of Sekt (German sparkling wine) to Greece and Italy.
Date: 2001-10-19
Institutions: European Parliament, Provisional data
Subjects: EU law, Germany, Greece, Italy, customs document, customs regulations, delivery, market approval, sparkling wine

C 115 E/206

Official Journal of the European Communities

EN

16.5.2002

(2002/C 115 E/217)

WRITTEN QUESTION P-2976/01

by Winfried Menrad (PPE-DE) to the Commission

(19 October 2001)

Subject:

‘Workers’ chambers’ in Austria, Luxembourg and two German Länder

Austria, Luxembourg and two German Länder (Saarland and Bremen) have what are known as ‘workers’
chambers’. In practice, this amounts to legally enshrined workers’ participation in decision-making.

Can the Commission answer the following:

0 Are such ‘workers’ chambers’ consistent with EU law?

0 Is it consistent with EU law for certain European countries to require businesses to be members of

chambers of industry and commerce or chambers of handicrafts?

0 Does EU law take a different view of compulsory membership of ‘workers’ chambers’ compared with

compulsory membership of chambers of commerce?

Answer given by Ms Diamantopoulou on behalf of the Commission

(14 November 2001)

As Community law contains no provisions on this matter, the obligation to join trade organisations that is
imposed on enterprises and workers in certain Member States is a question for which these Member States
have sole responsibility.

(2002/C 115 E/218)

WRITTEN QUESTION P-2977/01

by Werner Langen (PPE-DE) to the Commission

(19 October 2001)

Subject: Deliveries of Sekt (German sparkling wine) to Greece and Italy

A German Sekt producer intending to deliver 2900 boxes of Sekt to Italy and 1000 boxes to Greece was
informed by the Association of German Sekt Producers and the Chamber of Industry and Commerce that
such a transaction would be covered throughout Europe by the simplified customs procedure, requiring
the firm to be in possession of only the AAD (accompanying administrative document) and the T2. This
was also confirmed by German customs. However, the Greek authorities caused tremendous difficulties for
the intended customer by demanding he produce alcohol retail licences and various import licences.

With reference to unspecified EU regulations, the Sekt producer was informed that if the customer did not
the goods would not be released for sale in Greece. The
comply with the required procedures,
consignment to Italy was also obstructed by demands for additional licences. The authorities demanding
the additional licences are known to the author of this question.

Can the Commission answer the following:

0 What documentation, forms and/or licences are required to carry out such a transaction?

0 Are the Greek and Italian authorities’ requirements contrary to internal market rules and simply an

attempt to protect their markets?

16.5.2002

EN

Official Journal of the European Communities

C 115 E/207

0 What options are open to the Commission for taking action against any possibly unlawful conduct by

the Greek and Italian authorities, and what measures does it intend to take, if appropriate?

As the stipulated deadline for delivery of the goods in question is 1 November 2001, I would ask the
Commission to respond as promptly as possible to this question.

Answer given by Mr Bolkestein on behalf of the Commission

(30 November 2001)

In response to the Honourable Member’s question, the Commission can provide the following information:

0 Where the movement of goods under excise duty suspension arrangements takes place between two
the products are accompanied by an
tax warehouses situated in two different Member States,
(AAD), provided for by Article 18 of Council Directive
accompanying administrative document
92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duties and
on the holding, movement and monitoring of such products; (1) if the products are to transit a country
of the European Free Trade Association (EFTA) they must be accompanied by an internal Community
transit document.

However, if the transaction involves products for which excise duties have already been paid in a
Member State, the excise duties must be guaranteed and paid in the Member State of destination of
the products and be accompanied by a simplified accompanying document under Article 7 of
Directive 92/12/EEC.

0 Under current Community legislation concerning the movement of products subject to excise duties,
no other documentation is required. However, the national legislation of each Member State may lay
down special provisions relating to retail sale and the use of commercial premises.

Community legislation in the agricultural field provides that wines and wine products covered by
Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market
in wine (2) may only be put into circulation within the Community if they are accompanied by an
officially checked document. This accompanying document is provided for in Commission Regulation
(EC) No 884/201 of 24 April 2001 laying down detailed rules of application concerning the
documents accompanying the carriage of wine products and the records to be kept in the wine
sector (3), and is used to guarantee the authenticity of the products transported and their origin and
quality.

0 Where there is a breach of Community legislation, recourse should be had to the relevant procedures

provided for by the EC Treaty.

(1) OJ L 76, 23.3.1992.
(2) OJ L 179, 14.7.1999.
(3) OJ L 128, 10.5.2001.

(2002/C 115 E/219)

WRITTEN QUESTION E-2979/01

by Winfried Menrad (PPE-DE) to the Commission

(26 October 2001)

Subject: Thresholds for the application of the Directive on the European Works Council

In paragraph 2(v) of the resolution which it adopted on 4 September 2001 (A5-0282/2001), the European
Parliament called for a reduction in the thresholds for companies to be included within the scope of the
Directive from 1000 to 500 employees for the company as a whole and from 150 to 100 employees per
establishment in at least two Member States.