WRITTEN QUESTION E-2763/02 by Bart Staes (Verts/ALE) to the Commission. Transport of manure and the free movement of goods, services and capital.
Date: 2002-10-01
Institutions: European Parliament, Provisional data
Subjects: agricultural trade, free movement of goods, intra-EU trade, organic fertiliser

C 52 E/212

Official Journal of the European Union

EN

6.3.2003

Does the Commission acknowledge the usefulness of a general ruling on the prohibition of
3.
advertising aimed at children for a specific period prior to traditional child-oriented festive periods, of
whatever nature they might be? Will it, therefore, take a decision to draw up specific rules (cid:1) which go
beyond a mere voluntary code of conduct (cid:1) which take account not only of the free movement of goods
and services but also of the potential negative consequences of excessive advertising campaigns aimed at
children?

(1) OJ C 301 E, 5.12.2002, p. 240.

Answer given by Mr Bolkestein on behalf of the Commission

(5 November 2002)

the Commission’s answer to the Honourable Member’s Written Question E-1857/02 (1)
In view of
concerning a Belgian self-regulatory code on advertising campaigns for child-oriented festive periods, the
Honourable Member requests a more detailed opinion from the Commission on the need for specific rules
at Community level in this area.

1.
The honourable Member asks whether the Belgium authorities may require traders from neigh-
bouring Member States to comply with the self-regulatory code. If the Belgium authorities applied this
code to traders from neighbouring Member States, and if this resulted in a restriction to the freedom to
provide services, an analysis would be required as to whether the restriction resulting from the code was a
proportionate measure to protect minors. So far the Commission has no evidence that the code has been
applied to foreign traders. Furthermore, the Commission is not aware of the details of the code. At this
stage the Commission is therefore neither required, nor able to take a position on the lawfulness of
application of the code to foreign traders.

2. Whether the Belgian Minister of Economic Affairs is authorised to penalise Belgian traders who do
not comply with the self-regulatory code, the Commission is not competent to answer this question. This
is to be decided under national law.

3.
Regarding the usefulness of Community measures in this field, the Commission has no plans to
propose any such measure at the current time. As explained in the reply to the previous Written Question,
in order for the Commission to be able to justify proposing harmonisation in this field, it would first need
to identify whether differing national regulations in this area gave rise to cross-border restrictions.
Secondly, it would have to evaluate whether such identified restrictions were proportionate to the objective
of protecting minors, before coming forward with harmonisation. Finally, the Commission would wish to
reiterate that its ‘Follow-up Communication to the Green paper on Community Consumer Protection’ (2)
launches a further round of consultation on a possible framework directive on fair commercial practices.
The consultation concerns the regulation of commercial practices, including advertising, misleading and
unfair commercial practices, and the use of harassment or other undue influence. The Communication also
mentions the idea that, where a business consciously directs its activities at a specific vulnerable group of
consumers (such as children), the ‘consumer detriment’ criterion must be adjusted accordingly.

(1) OJ C 301 E, 5.12.2002, p. 240.
(2) COM(2002) 289 final.

(2003/C 52 E/235)

WRITTEN QUESTION E-2763/02

by Bart Staes (Verts/ALE) to the Commission

(1 October 2002)

Subject: Transport of manure and the free movement of goods, services and capital

Can the Commission confirm that manure is subject to the everyday European Union rules governing the
free movement of goods, capital and services and that, as a result, public authorities and judicial bodies
may not restrict lawful deliveries of manure in a routine supplier-customer trade relationship?

May the authorities close borders for a product such as manure, particularly when the purchaser intends to
use it to improve the soil?

6.3.2003

EN

Official Journal of the European Union

C 52 E/213

Answer given by Mr Byrne on behalf of the Commission

(5 November 2002)

It is correct that intra-Community trade in manure is subject to the general provisions of the EC Treaty
relating to the free movement of products.

The transportation and use of manure may create difficulties as regards both the spreading of disease and
environmental problems.

As far as health aspects are concerned, intra-Community trade in manure is regulated by Directive 92/118/
EEC (1). According to Annex 1 Chapter 14 of this Directive, as amended by decisions 96/103/EC (2) and
2001/7/EC (3), trade in unprocessed manure of species other than poultry or equidae is prohibited, except
for manure from an area which is not subject to restrictions by virtue of a serious transmissible disease,
and manure which is intended for spreading, under the supervision of the competent authorities, on land
forming part of a single holding located on both sides of the frontier of two Member States and within a
distance of approximately 20 kilometres. Records should be kept by the owner of the holding concerning
these cross-frontier movements in order to be approved. The competent authority must keep a register of
such approved holdings

Trade in unprocessed poultry manure is subject to stringent requirements, whereas no health restrictions
apply to trade in unprocessed manure from equidae.

As regards processed manure and processed manure-based products, intra-Community trade is permitted
under certain conditions.

In view of the above, it is up to the Member States to carry out the necessary checks to ensure that the
Community provisions referred to are fully implemented.

(1) Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements
governing trade in and imports into the Community of products not subject to the said requirements laid down in
specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive
90/425/EEC, OJ L 62, 15.3.1993.

(2) 96/103/EC: Commission Decision of 25 January 1996 amending Chapter 14 of Annex I to Council Directive
92/118/EEC laying down animal health and public health requirements governing trade in and imports into the
Community of products not subject to the said requirements laid down in specific Community rules referred to in
Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (Text with EEA relevance),
OJ L 24, 31.1.1996).

(3) 2001/7/EC: Commission Decision of 19 December 2000 amending Annex I, Chapter 14 of Council Directive 92/
118/EEC laying down animal health and public health requirements governing trade in and imports into the
Community of products not subject to the said requirements laid down in specific Community rules referred to in
Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (Text with EEA relevance),
OJ L 2, 5.1.2001).

(2003/C 52 E/236)

WRITTEN QUESTION P-2772/02

by Giovanni Pittella (PSE) to the Commission

(25 September 2002)

Subject: Public and open procedure pursuant to Law 236/93

V.I.L.A srl (limited liability company) took part in two invitations to tender published in the Official
Gazette of the Italian Republic pursuant to Article 1(b) of Italian Law 236/93 (Development Fund) in
connection with a programme called Casalgian. On 19 April 2001 it signed, with the Ministry of
Employment, an agreement establishing the amount of the respective contributions from national funds,
Community cofinancing and the private sector. The Development Fund provides for and allows access to
Community funds for investment programmes proposed by promoters. The purpose of the Casalgian
programme, which covers the territory of the Salerno, Avellino and Benevento provinces, is the creation of