WRITTEN QUESTION P-4074/03 by Marianne Thyssen (PPE-DE) to the Commission. Problems relating to the transposition into national law of Directive 2002/2/EC.
Date: 2004-01-08
Institutions: European Parliament, Provisional data
Subjects: animal nutrition, foodstuffs legislation, labelling, manufactured feedingstuffs, national implementing measure

C 78 E/684

Official Journal of the European Union

EN

27.3.2004

Does the Commission consider that listing the name of a locale can enable Member States to identify
Israeli settlement goods commingled in shipments with essentially identical goods originating in Israel,
products incorporating settlement-produced components to an extent as to render that product non-
originating, or products in which working or processing carried out in settlements is cumulated with
working or processing carried out in Israel?

Is the Commission aware that Israeli officials have been quoted as estimating that ‘as much as USD 2 billion
of Israel’s annual USD 7 billion exports to Europe’ (1) incorporates some material from settlements?

(1)

‘In meetings with European negotiators, Israeli officials have said that as much as USD 2 billion of Israel’s annual
USD 7 billion exports to Europe could be penalised by a policy change, as many Israeli manufactured goods
incorporate some materials from settlement communities.’ EU Targets Goods Made in Israeli Settlements, William A.
Orme Jr., New York Times, 22 May 2001.

Answer given by Mr Patten on behalf of the Commission

(28 January 2004)

The Israeli suggestion of indicating the place of production of goods being exported to the Community
still needs to be further clarified by Israel before any conclusions can be drawn, for example as regards its
possible effect on refusal by the national customs authorities of preferential tariff treatment.

One of the issues to be clarified would indeed be to know how the proposed scheme would be
implemented, for example in the case of mixed consignments, which include both goods produced in the
settlements and products obtained in the territory of the State of Israel.

The statement reported by the New York Times in May 2001 was never made to the Commission by
Israeli officials.

(2004/C 78 E/0729)

WRITTEN QUESTION P-4074/03

by Marianne Thyssen (PPE-DE) to the Commission

(8 January 2004)

Subject: Problems relating to the transposition into national law of Directive 2002/2/EC

Article 3 of Directive 2002/2/EC (1) of 28 January 2002 amending Council Directive 79/373/EEC (2) on the
circulation of compound feedingstuffs and repealing Commission Directive 91/357/EEC (3) requires
Member States to adopt and publish the laws, regulations and administrative provisions necessary to
comply with the Directive not later than 6 March 2003. Under the same article, Member States are
required to implement these provisions with effect from 6 November 2003.

The transposition of Directive 2002/2 is causing problems at European level and giving rise to
considerable confusion in the industries concerned. In particular, Article 1(1)(b) and the corresponding
section of Article 1(4) concerning the indication of feedingstuffs with their percentages is causing problems
(‘open labelling’).

In various Member States (France, Italy, Portugal),
legal proceedings have been initiated against these
provisions. In the United Kingdom, a judgment has apparently already been given to the effect that no
percentages may be indicated because this would cause serious economic damage to the industries
concerned. Other Member States are said simply not to be applying the provisions in question.

27.3.2004

EN

Official Journal of the European Union

C 78 E/685

Is the Commission aware of these problems? What steps has it taken or does it intend to take in the near
future to remedy them? Does not the Commission agree that labelling requirements cannot go so far that
businesses are virtually forced to reveal their methods of preparation to the market?

(1) OJ L 63, 6.3.2002, p. 23.
(2) OJ L 86, 6.4.1979, p. 30.
(3) OJ L 193, 17.7.1991, p. 34.

Answer given by Mr Byrne on behalf of the Commission

(29 January 2004)

The Commission would like to highlight that Directive 2002/2/EC of the Parliament and of the Council of
28 January 2002 amending Council Directive 79/373/EEC on the circulation of compound feedingstuffs
and repealing Commission Directive 91/357/EEC was adopted by co-decision procedure which included a
conciliation phase. The proposal for percentage declarations on labels was maintained on the insistence of
the Parliament, which adopted the Directive in Plenary by a very large majority. The Directive has been the
subject of national transposition measures in all the Member States, some of them still to be published.

The Commission is aware that the application of national measures has been suspended by jurisdictions in
France, Italy and the United Kingdom, but this is not the case in the twelve other Member States.

The European Court of Justice has been requested by the High Court of Justice (England and Wales) to give
a preliminary ruling under Article 234 of the EC Treaty concerning the validity of Articles 1(1)(b) and
Article 1(4) of Directive 2002/2/EC, which provide for the so-called ‘open declaration’ for the labelling of
compound feedingstuffs (case number C-453/03).

The Commission supports the legitimacy of the provisions laid down in Directive 2002/2/EC and is
looking forward to the preliminary ruling by the European Court of Justice.

(2004/C 78 E/0730)

WRITTEN QUESTION P-0037/04

by Charles Tannock (PPE-DE) to the Commission

(12 January 2004)

Subject: Provisions made by acceeding 10 new EU member states following 1 May 2004 for freedom of

movement and establishment of other EU member state nationals

Following enlargement to 25 member states on 1 May 2004, the existing 15 member states have made a
variety of different arrangements within the permissible 7 year derogation under the enlargement treaties
for freedom of movement and establishment of nationals coming from the new 10 EU member states. I
understand this ranges from a 7 year prohibition by Germay to the immediate granting of full EU freedom
of movement and establishment to the new country nationals by the United Kingdom.

Can the Commission list what arrangements have been made from May 1st 2004 by the 10 new EU
member states with regards to their granting the right of freedom and establishment to nationals coming
from other member states including both the current 15 and the other newly joined countries?

Answer given by Mr Verheugen on behalf of the Commission

(29 January 2004)

The Commission has not received from any present Member States official information on their intention
to amend their own national rules, under which present Member States will admit workers from the new
Member States during the transitional period. Member States have already been invited to communicate
this information to the Commission, however no provision of the Act of Accession establishes such an
obligation for present Member States.