WRITTEN QUESTION E-2430/02 by Graham Watson (ELDR) to the Commission. Essential oils.
Date: 2002-08-26
Institutions: European Parliament, Provisional data
Subjects: Combined Nomenclature, analytical chemistry, classification, essential oil, organic chemical

6.3.2003

EN

Official Journal of the European Union

C 52 E/167

If not, what scope remains for the continued application of an opt-out system, such that it would
5.
remain possible to send unsolicited advertising material until the recipient objected by means of a
prescribed procedure? What additional measures are required in order to put an end to it?

Answer given by Mr Liikanen on behalf of the Commission

(11 October 2002)

The Commission is aware of the 18 July 2002 judgement by the Amsterdam Court of Appeal

1.
regarding unsolicited commercial bulk e-mail.

2.
The judgement provides further proof of the necessity of the new Directive 2002/58/EC of the
Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the
protection of privacy in the electronic communications sector (1).
this
Directive there is no solid legal basis in many Member States that would allow internet service providers to
help their customers in taking action against unsolicited commercial e-mail even where it causes
substantial nuisance. One of the reasons behind the Commission proposal for a harmonised Community
wide opt-in for unsolicited commercial e-mail, was to remedy this problem.

It demonstrates that without

3.
As of 31 October 2003 there must be a clear legal basis in all Member States prohibiting unsolicited
e-mail for direct marketing purposes in respect of subscribers who are natural persons unless the prior
consent of the recipient has been received.

4. Whether and to what extent courts can and will take account of imminent changes in national law
depends on the national legal system.

5. Member States are free to implement an opt-in system for unsolicited commercial e-mail in advance
of the new legal obligation under Directive 2002/58/EC and many of them have already done so.
However, Member States may also wait until the ultimate date of transposition of the new Directive and
maintain an opt-out system until then. Moreover, Member States are not obliged to extend the coverage of
the opt-in approach to subscribers who are legal persons. For this category they can maintain or establish
opt-out systems (Article 13.5 of Directive 2002/58/CE).

(1) OJ L 201, 31.7.2002.

(2003/C 52 E/184)

WRITTEN QUESTION E-2430/02

by Graham Watson (ELDR) to the Commission

(26 August 2002)

Subject: Essential oils

Has the Commission considered creating a new industry entitled ‘aromatherapy’ in which essential oils
could be classified in two forms:

1.

2.

agricultural products,

chemical products?

Agricultural products would be derived from a simple distillation process, whereas chemical products
would be altered in their chemical nature and content, and standardised to defined industrial standards.

Answer given by Mr Solbes Mira on behalf of the Commission

(16 October 2002)

For tariff and statistical purposes, goods are generally classified in trade classifications (Harmonised System,
Combined Nomenclature (CN)) according to objective criteria such as physical or chemical properties.

C 52 E/168

Official Journal of the European Union

EN

6.3.2003

Essential oils are of vegetable origin, and obtained by various processes (e.g. expression, distillation, and
extraction). They are classified as such in trade classifications (Combined Nomenclature heading 3301:
‘Essential oils (terpeneless or not), …’) according to the plants they originate from (e.g. of bergamot,
orange,
lavender, peppermint, etc.). They are generally of complex
composition and contain many chemical substances such as alcohols, aldehydes, ketones, phenols, esters,
ethers and terpenes in varying proportions.

lemon lime, geranium,

jasmine,

‘Synthetic’ essential oils are not produced as such. Specific chemical substances obtained by synthesis, that
may prove cheaper, are added to essential oils to reinforce their aroma. According to classification rules,
these substances are classified according to their chemical structure as ‘Organic chemicals’ (CN-chapter 29).
Therefore the knowledge of the exact composition of these products is necessary in order to classify them
properly. Pure substances of well defined structure that have been extracted from essential oils are equally
classified as ‘Organic chemicals’.

As a conclusion, for systemic reasons a distinction between agricultural (natural) and chemicals (synthetic)-
containing essential oils for aromatherapy could prove difficult to implement within trade classifications,
and as far as it is known, has never been requested by the industry.

From an industrial point of view, the Community activity classification NACE Revision 1 presently includes
class 24.63 Manufacture of essential oils. This class only includes manufacture of extracts of natural
aromatic products and excludes manufacture of synthetic aromatic products.

The next revision of NACE will take place in 2007. The revision process has already started, and although
so far the Commission has received no proposals for this sector, a proposal send to the Commission will
be included in the revision process.

(2003/C 52 E/185)

WRITTEN QUESTION E-2437/02

by Cecilia Malmström (ELDR) to the Commission

(28 August 2002)

Subject: Criteria for allocation of grants under budget line A-3029

Each year,
funds are allocated to youth organisations through the budget line A-3029 ‘Support to
international non-governmental youth organisations’. The formal criteria to be fulfilled by applicants are
published in the Official Journal.

In the 2002 selection, the Commission has decided to reject a number of applications from organisations
that fulfil the formal criteria and that have received the grant for a number of years. According to a letter
sent by the Commission, their applications were rejected as the ‘available credit was too low to accept all
formally eligible organisations’. It was, however, mentioned that the decision was in no way a reflection of
the relevance of quality of the proposed project.

In previous years, the amounts allocated to applicants have varied with regard to the number of eligible
applications. This year, however, some organisations have been allotted substantial grants whereas others,
who still fulfil the criteria, have had their applications rejected. The criteria applied by the selection
committee have not been made public and this provides significant uncertainty for all organisations
applying under this budget line. It is important that organisations are informed about the criteria in
advance, and that maximum transparency is ensured in the distribution of grants, in particular with regard
to the Commission’s policy on good governance.

What exact criteria apply to the allocation of grants and the approval and rejection of applications that
fulfil the formal requirements under the A-3029 budget line, and what will the Commission do to improve
the advance information on its criteria and to increase transparency in the work of
the selection
committee?