WRITTEN QUESTION E-0721/02 by Jules Maaten (ELDR) to the Commission. Tobacco duty on medicinal herbal cigarettes.
Date: 2002-03-14
Institutions: European Parliament, Provisional data
Subjects: Netherlands, competence of the Member States, excise duty, health policy, medical plant, national law, tax exemption, tobacco

14.11.2002

EN

Official Journal of the European Communities

C 277 E/81

As part of its examination of this complaint, the Commission has contacted the Spanish authorities for
their comments about the application of Community environment law which could apply in the case in
the point.

No reply has yet been received from the Spanish authorities. The complainant recently sent new
information which is being analysed by the Commission and will be compared with the reply from the
Spanish authorities once it is received.

In any case, in its role as guardian of the Treaties and with the powers at its disposal, the Commission will
take the necessary measures to ensure that Community law is complied with in the case in point.

With regard to any Community co-funding for the work planned on the two sites, the Commission has
requested further information from the Spanish authorities and will inform the Honourable Members once
it has been received.

(2002/C 277 E/086)

WRITTEN QUESTION E-0713/02

by Fernando Fernández Martín (PPE-DE) to the Commission

(14 March 2002)

Subject: Respect for human rights

In keeping with the spirit of the 1995 Barcelona Declaration, respect for human rights and fundamental
freedoms should play a key role in Euro-Mediterranean relations.

Unfortunately, in the case of Algeria, murder (with the conflict claiming some 200 lives every month), the
disappearance of individuals presumably kidnapped by the security forces or armed gangs, the fact that
liberties, such as the right to hold
human rights violations go unpunished, and restrictions on civil
meetings and the right of expression, are the order of the day.

What is the Commission’s view of the current situation in the Mediterranean Basin in general, and Algeria
in particular?

Does the Commission intend to incorporate a human rights control and monitoring mechanism in this
and the other Association Agreements with Mediterranean states?

Answer given by Mr Patten on behalf of the Commission

(3 April 2002)

The Commission would refer the Honourable Member to its answer to written E-0602/02 by Mrs Ferrer (1).

(1) OJ C 229 E, 26.9.2002.

(2002/C 277 E/087)

WRITTEN QUESTION E-0721/02

by Jules Maaten (ELDR) to the Commission

(14 March 2002)

Subject: Tobacco duty on medicinal herbal cigarettes

With regard to the Commission’s answers in 1997 to the questions by Doeke Eisma (E-0480/97 (1) and
E-2484/97 (2), the court in Leeuwarden has in the meantime handed down a ruling.

C 277 E/82

Official Journal of the European Communities

EN

14.11.2002

1.

Has the Commission noted that ruling?

If so, and having regard also to the Commission inquiries into the situation in the various Member

2.
States, has the Commission now formed a judgment on this matter?

(1) OJ C 319, 18.10.1997, p. 88.
(2) OJ C 82, 17.3.1998, p. 90.

Answer given by Mr Bolkestein on behalf of the Commission

(23 April 2002)

The Commission has noted the ruling of the court in Leeuwarden of 16 April 1999 (nr 1059/96,

1.
year 1994-1995).

The application of Article 7 paragraph 2 of Council Directive 95/59/EC of 27 November 1995 on
2.
taxes other than turnover taxes which affect the consumption of manufactured tobacco (1) to medicinal
herbal cigarettes has been discussed in the Excise Committee. The conclusion reached was that such
products should be subject to excise duty unless a national health authority or equivalent official body in a
Member State decides, by reference to a list of pharmaceutical products, that a certain product is used
exclusively for medical purposes. According to the information available to the Commission, Denmark is
the only Member State exempting such products from excise duty.

(1) OJ L 291, 6.12.1995, as last amended by Council Directive 2002/10/EC of 12 February 2002, OJ L 46, 16.2.2002.

(2002/C 277 E/088)

WRITTEN QUESTION E-0762/02

by Stavros Xarchakos (PPE-DE) to the Commission

(18 March 2002)

Subject: The Internet and mobile telephones, interfaces for drug trafficking

According to the report by the UN International Commission for Drug Control for 2001, in 2000 Interpol
uncovered more than 1 000 websites on the Internet offering drugs for sale. Furthermore, according to the
UK authorities, hundreds of websites have been discovered selling drugs ranging from cannabis to heroin
and cocaine in the UK, while instructions for making drugs are freely available on the Internet from
chemical laboratories in the USA. The UN report describes the Internet and mobile telephones as the basic
interfaces for drug trafficking. On the Internet in particular, there are special private chat rooms where
drug dealers make contact and organise the sale of drugs to addicts.

Is the Commission aware of this situation? What measures will it take to put an end to the activities of
drug traffickers over the Internet? Does Europol have any details of the activities of such traffickers in
Greece?

Answer given by Mr Vitorino on behalf of the Commission

(27 May 2002)

The Commission is aware of the findings contained in the annual report on 2001 of the International
Narcotics Control Board, and in particular the challenges that the misuse of new technologies are putting
to the fight against drugs.

The Commission recalls that the current framework for Union action in the field of drugs is provided by
the Union Drugs Strategy 2000-2004 (1) and the Union Action Plan on Drugs 2000-2004 (2).