WRITTEN QUESTION P-0245/03 by Mario Borghezio (NI) to the Commission. French tax on imported Trappist beers — Protection of non-industrial beer.
Date: 2003-01-28
Institutions: European Parliament, Provisional data
Subjects: Belgium, EU aid, France, beer, beverage industry, competition law, craft business, craft production, excise duty, production aid, restriction on competition, single market

C 222 E/172

Official Journal of the European Union

EN

18.9.2003

commitment in 2008-2012. In any case the fast implementation of additional measures in Greece as in
other Member States is of utmost
to the national Climate change
programmes the Commission is currently preparing a number of cost effective Community measures (for
instance in the area of energy and transport)
the European Climate Change
Programme (ECCP) in order to reduce emission in the Community.

importance. As a complement

in the framework of

Ozone layer

In regard to the compliance of Greece with the Council and Parliament Regulation (EC) No 2037/2000 of
29 June 2000 on substances that deplete the ozone layer, the Commission, acting under Article 226 of the
EC Treaty, initiated an infringement procedure in July 2002 against all Member States. The Commission
considered that Member States had failed to fulfil the reporting requirements pursuant to Articles 16 and
17 of the Regulation. Greek authorities responded in October 2002.

In its response to the Commission on Article 16, Greece described the legal framework for defining the
qualifications for personnel
installing, maintaining and repairing refrigeration equipment. Presidential
Decree No 87 (Government Gazette No 72A/25-4-96) on the ‘Construction, Maintenance, and Repair of
Refrigeration Installations and Machinery’, describes inter alia the personnel qualifications necessary for
professional licenses and performance criteria. Article 19 of this decree requires ‘… all measures to avoid
leakage into the environment, even small quantities.’

However, Greece has not reported specifically on Article 16(6) which includes the systems established to
promote the recovery of used controlled substances including the facilities available and the quantities
recovered, recycled, reclaimed or destroyed. The Commission is, therefore, seeking further information
from Greece in order to determine further action if needed.

(1) COM(2002) 702 final.

(2003/C 222 E/198)

WRITTEN QUESTION P-0245/03

by Mario Borghezio (NI) to the Commission

(28 January 2003)

Subject: French tax on imported Trappist beers (cid:1) Protection of non-industrial beer

New legislation was recently passed in France introducing a special tax on beers with over 8,5 % of alcohol
content.

This measure would solely affect imported beers,
traditional methods in neighbouring Belgium.

in particular ‘Trappist’ beers brewed according to

This would seem to be in clear contravention of Article 90 of the EC Treaty, which stipulates that: ‘No
Member State shall impose, directly or indirectly, on the products of other Member States any internal
taxation of any kind in excess of that imposed directly or indirectly on similar domestic products.
Furthermore, no Member State shall impose on the products of other Member States any internal taxation
of such a nature as to afford indirect protection to other products’.

Does the Commission not consider that representations should be made to the French authorities as a
matter of urgency to ensure that they withdraw this legislation, which is in serious breach of the principles
of the European common market and free competition?

Could the Commission introduce a programme of general support for the production of non-industrial
beers brewed according to traditional methods, such as those made by Trappist monks, which are excellent
products of special value, symbols of Europe’s age-old ‘savoir vivre’?

18.9.2003

EN

Official Journal of the European Union

C 222 E/173

Answer given by Mr Bolkestein on behalf of the Commission

(20 March 2003)

Since France adopted legislation introducing a special tax on beers with an alcohol content of over
1.
8,5 % the Commission has received a number of complaints from breweries established in various Member
States which sell their beers in France. A letter was sent to the French authorities on 27 December 2002
drawing their attention to the repercussions of taxing (in France) sales of beers with an alcohol content of
over 8,5 % from other Member States. No formal reply has yet been received to this letter from France.
However it would appear that it has decided to suspend this tax.

The Commission is continuing its examination of the French legislation in the light of the EC Treaty and
secondary legislation. If it concludes that Community law has been infringed and if a satisfactory solution
cannot be found, the Commission will initiate the infringement procedure provided for in Article 266 of
the EC Treaty against France.

The Commission does not feel it can introduce a programme of general support for the production
2.
of non-industrial beers. The Commission has never been requested to do so by brewers of strong non-
industrial beers.

The Commission would also draw the Honourable Member’s attention to Article 4 of Council Directive 92/
83/EEC of 19 October 1992 on the harmonisation of the structure of excise duties on alcohol and
alcoholic beverages; (1)
this allows Member States to apply reduced rates to beer brewed by small
independent breweries. Brewers of strong non-industrial beers are very often small undertakings and are
therefore eligible for these reduced rates if the Member States in which they are established exercise this
option (the following States do so: Austria, Belgium, Denmark, Finland, Germany, Luxembourg, the
Netherlands, Portugal and the United Kingdom).

it should be added that

Finally,
in 1992 the Community introduced rules on the recognition and
protection at Community level of certificates of specific character for agricultural products and foodstuffs.
These are contained in Council Regulation (EEC) No 2082/92 of 14 July 1992 (2). Brewers of non-
industrial beers using traditional methods such as the ‘Trappist’ beers referred to by the Honourable
Member may apply to their national authorities for a Community certificate of specific character. However
such a certificate can only be granted for a particular product which satisfies the conditions laid down in
the Regulation and not for a general programme. Applications are examined on a case-by-case basis.

(1) OJ L 316, 31.10.1992.
(2) OJ L 208, 24.7.1992.

(2003/C 222 E/199)

WRITTEN QUESTION E-0253/03

by Cristiana Muscardini (UEN) to the Council

(5 February 2003)

Subject: Discontinuation of the Brussels-Milan overnight train service

At a time when Europe is enlarging eastwards and upgrading lines of communication would provide the
public with the first sign of genuine proximity, Belgium is managing to discontinue the overnight
couchette train service from Brussels to Milan, which also caters for vehicles. This service is run jointly
with the French, German, Luxembourg and Swiss railways and is of vital importance to Italian workers in
particular, who use this service in steady numbers. Should Belgium have been experiencing difficulties in
continuing operations on its section of the line, it could have sought contacts with the governments of the
countries rather than slashing the service. In view of this, can the Council urgently reinstate the Brussels-
Milan train service, thereby ensuring that the needs and expectations of Community citizens are met?