WRITTEN QUESTION E-2400/03 by Avril Doyle (PPE-DE) to the Council. Exemption from VAT on postage for charities.
Date: 2003-07-21
Institutions: European Parliament, Provisional data
Subjects: VAT, derogation from EU law, postal charges, tax rebate, voluntary organisation

C 65 E/142

Official Journal of the European Union

EN

13.3.2004

(2004/C 65 E/156)

WRITTEN QUESTION E-2397/03

by Joan Vallvé (ELDR) to the Commission

(21 July 2003)

Subject: Legislation on fermented milk

In the Commission’s answer to priority Written Question P-0027/03 (1) and to my Written Question
E-0873/03 (2) on the denomination ‘yoghurt’, Commissioner Fischler states that ‘the Commission received
several complaints concerning the Spanish legislation, based particularly on Directive 2000/13/EC of the
Parliament and of the Council of 20 March 2000 (3) on the approximation of the laws of the Member
States relating to the labelling, presentation and advertising of foodstuffs’ and that it was ‘currently
examining these complaints and the legal situation in the Member States as regards the denomination of
yoghurt.’

In its turn, the Codex Alimentarious Commission, which was created in 1963 by the FAO and the World
Health Organisation (WHO) and is an international reference body that reports to the United Nations and
the WHO, adopted a standard on fermented milk at its meeting in Rome at the end of June 2003 that
makes it impossible for desserts pasteurised after fermentation to be denominated ‘yoghurts’, at least in
countries without any legislation governing this area.

In the light of the above, and to avoid creating any further confusion, how would the Commission view
the introduction of common legislation on fermented milk and regulation of the denomination ‘yoghurt’?

(1) OJ C 192 E, 14.8.2003, p. 147.
(2) OJ C 242 E, 9.10.2003, p. 209.
(3) OJ L 109, 6.5.2000, p. 29.

Answer given by Mr Fischler on behalf of the Commission

(12 September 2003)

The Commission took notice of the adoption of a standard for fermented milk by the Codex Alimentarius
Commission. However, some aspects like presence of characteristic bacteria, permitted raw materials,
reference to heat treatment, content of non dairy ingredients and labelling may have to be addressed in a
more precise way than in the Codex standard. The Commission is therefore examining the need for
yoghurt legislation and may submit a proposal to the Council.

(2004/C 65 E/157)

WRITTEN QUESTION E-2400/03

by Avril Doyle (PPE-DE) to the Council

(21 July 2003)

Subject: Exemption from VAT on postage for charities

Further to the Commission proposal to put VAT on postage and recognising that this would impose a
severe financial burden on charities that depend on direct mail fundraising and are not eligible to reclaim
VAT in the same way as ordinary businesses.

Can the Council advise whether it will be possible for charities that have the specific difficulty of not being
able to reclaim VAT under Irish tax law to secure an exemption from this EU legislation?

13.3.2004

EN

Official Journal of the European Union

C 65 E/143

Reply

(17 November 2003)

The Commission proposal to which the Honourable Member refers in her question is currently being
examined within the Council’s bodies.

Until those proceedings have been completed, the Council cannot reply to the Honourable Member’s
question.

(2004/C 65 E/158)

WRITTEN QUESTION E-2410/03

by Freddy Blak (GUE/NGL) to the Commission

(21 July 2003)

Subject: German road charge

According to the Danish newspaper Børsen of 10 July 2003 (front page), the Commission is considering
initiating proceedings against Germany for introducing road charges as this will result in unequal terms of
competition.

Can the Commission confirm this?

If so, will the Commission say what new circumstances have led it to consider this course of action?

I would refer back here to my Written Question No E-2684/02 (1), pointing out the competition-distorting
nature of the German road charge, which the Commission, however, denies in its answer.

(1) OJ C 110 E, 8.5.2003, p. 89.

(2004/C 65 E/159)

WRITTEN QUESTION P-2608/03

by Peter Pex (PPE-DE) to the Commission

(25 August 2003)

Subject: Introduction of motorway tolls in Germany

The transport sector is becoming very concerned about the introduction of motorway tolls in Germany.
That concern has been somewhat alleviated by a report that the Commission has recommended that the
introduction of such motorway tolls should be deferred. In contrast to that report, I have read in the
German press that the German Commissioner, Günter Verheugen, has stated that the German Government
is fully entitled to introduce the tolls as scheduled. That contradicts statements made by his fellow
Commissioner Mrs Loyola de Palacio. On 23 July 2003, she said that the investigation initiated by the
Commission into the German compensation measures implied deferment of both the motorway tolls and
the German compensation measures relating thereto.

What is the Commission’s stance on the German motorway tolls? The Commission’s left hand does not
seem to know what its right hand is doing. Does the deferment apply solely to compensation or also to
the levying of the tolls themselves? Can the Commission rapidly eliminate the equivocal nature of its
stance that has resulted from the statement by the German Commissioner?

How will the Commission ensure that the introduction of these motorway tolls in Germany is not in
breach of Community law with regard to the free movement of goods and to non-discrimination?