WRITTEN QUESTION P-1117/02 by Dana Scallon (PPE-DE) to the Commission. Grocers' sales of younger leeks under Regulation (EC) No 2396/2001.
Date: 2002-04-15
Institutions: European Parliament, Provisional data
Subjects: application of EU law, cultivation techniques, leaf vegetable, marketing standard, pesticide, plant health treatment

C 229 E/180

Official Journal of the European Communities

EN

26.9.2002

catering staff, despite an official United States document from 1980 saying that the matter would be
resolved within two years at most. The Spanish Minister for Defence has told the Spanish press (ABC) that
local staff are refusing to accept the offers made by the United States armed forces to settle the problem of
the money owed to them, when in actual fact no such offers have ever been made, while a further 20 staff
have been given notice. The Spanish ombudsman (twice) and the ombudsman for Andalusia (once) have
drawn up reports supporting the workers’ position, which have been ignored. A number of articles of the
Spanish Constitution (14, 37(1)) and of the Spanish statute of workers (4(1)(c)) are being breached and the
dismissal notices from the United States accounting department (AAA) are based on fictitious reasons cited
by the United States armed forces (documents sent to Spanish Ministry of Defence). These workers are also
asking for their salaries to be updated, as they are lower than those paid on other European bases.

Is the Commission aware of this situation?

Does it have the power to intervene?

What measures could be taken at European level to resolve the uncertainty affecting the jobs of these
workers?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(31 May 2002)

It is not apparent from the information provided by the Honourable Member that the situation he
describes falls within the scope of Community directives. Furthermore, it is up to the institutions of the
Member States to ensure that national
legislation is applied correctly, even where it derives from
Community law.

(2002/C 229 E/208)

WRITTEN QUESTION P-1117/02

by Dana Scallon (PPE-DE) to the Commission

(15 April 2002)

Subject: Grocers’ sales of younger leeks under Regulation (EC) No 2396/2001

Regulation (EC) No 2396/2001 (1) states that grocers must not sell younger leeks with a diameter of less
than 8 mm or older ones that measure less than 10 mm. The size is determined by the diameter measured
at right angles to the longitudinal axis above the swelling of the neck. There must be no soil between the
leaves which should be neatly cut. The white to greenish-white part must represent at least one-third of the
total length or half the sheathed part. However, in early leeks, the white to greenish part must represent at
least one-quarter of the total length or one-third of the sheathed part.

Is the Commission aware that these standards are not compatible with the natural cultivation of leeks?

In order to fulfil these standards, I have been informed that this is possible only with the use of chemicals
and that it is not possible to grow a crop to this specification without excessive use of chemicals. What is
the Commission position on this, and how is the quantity of chemicals used to grow these crops
evaluated?

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Official Journal of the European Communities

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Are there any quality management criteria forecast in order to evaluate the implementation of the
Regulation (EC) No 2396/2001: in this case, do they include the measurement of the chemicals used to
grow these crops?

(1) OJ L 325, 8.12.2001, p. 11.

Answer given by Mr Fischler on behalf of the Commission

(6 May 2002)

Commission Regulation (EC) No 2396/2001 of 7 December 2001 laying down the marketing standard
applicable to leeks is a recasting of Commission Regulation (EEC) No 1292/81 of 12 May 1981 laying
down quality standards for leeks, aubergines and courgettes (1) and Commission Regulation (EEC) No
1076/89 of 26 April 1989 amending Regulation (EEC) No 1292/81 (2). This means that the marketing
standard for leeks, including the special requirements the Honourable Member describes in detail in her
question, has been in force in the Community for over 20 years. Furthermore, the Regulation has been
aligned on the international standard for leeks recommended by the United Nations Economic Commission
for Europe, an instrument that has existed in similar form from 1970.

No information has come to the attention of the Commission since the standards came into force to
indicate that they are not compatible with the natural cultivation of leeks. On the contrary, the availability
of significant quantities of organically grown leeks that conform to Regulation (EC) No 2396/2001
persuades the Commission that there is no need for excessive quantities of pesticides to be used in order to
grow leeks that comply with these requirements.

The only case reported to the Commission concerns the difficulty of controlling thrips, a parasite against
which many potentially usable pesticides have been (or are to be) withdrawn from the market under the
programme for the review of active substances referred to in Article 8 of Council Directive 91/414/EEC of
15 July 1991 concerning the placing of plant protection products on the market (3). One of
the
amendments to the rules for the marketing of leeks in the Community made by Regulation (EC) No 2396/
2001 was to increase the tolerances for damage caused by thrips.

Pesticide use in the cultivation of leeks is governed by Directive 91/414/EEC which stipulates that Member
States must require them to be used in an appropriate way, notably in accordance with Article 4.
Furthermore, leeks produced and imported into the Community must meet the requirements of Council
Directive 76/895/EEC of 23 November 1976 relating to the fixing of maximum levels for pesticide
residues in and on fruit and vegetables (4) and Council Directive 90/642/EEC of 27 November 1990 on the
fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit
and vegetables (5). These upper limits are set as low as is consistent with sound agricultural practice and in
any case at levels such that pesticides have not been used in circumstances which present a threat to
human or animal health or the environment.

Regulation (EC) No 2396/2001 applies without prejudice to the application of the pesticide rules described
above, under which Member States determine the uses for which pesticides are authorised along with the
dose to be applied for each authorised use. The Commission is not planning, therefore, to introduce special
measures concerning the quantities of pesticides to be used in the cultivation of leeks. The Member States
conduct regular checks for residues in these vegetables as part of annual Community control programmes.

(1) OJ L 129, 15.5.1981.
(2) OJ L 114, 27.4.1989.
(3) OJ L 230, 19.8.1991.
(4) OJ L 340, 9.12.1976.
(5) OJ L 350, 14.12.1990.