WRITTEN QUESTION No. 708/98 by Amedeo AMADEO , Salvatore TATARELLA to the Commission. Food legislation - consumer health
11. 12. 98 EN Official Journal of the European Communities C 386/33 As a preliminary remark, it would emphasise that, in its opinion, current Community legislation in no way prejudices the possibility for Member States to apply non-harmonised indirect the fundamental principles laid down in the in the Treaty and in Community secondary legislation are complied with. taxes provided that However, when it examined the matter, the Commission noted that the relevant Austrian legislation does not comply with all the principles of taxation set out in Directive 92/12/EEC on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products, (2) and in particular the principles contained in Article 3(2), in that the tax does not, in the Commissionís opinion, pursue a specific purpose within the meaning of that Article. The Commission also noted that exemption from the tax for direct sales of wine by growers cannot be considered compatible with Article 95 of the EC Treaty. Lastly, it does not rule out the possibility that similar taxes are levied in other Member states. If this proved to be the case and if some aspects of incompatibility came to light, the Commission would, as in the case of Austria, have recourse to the instruments available to it under the Treaty to ensure that Community law was observed. (1) OJ C 323, 21. 10. 1998, p. 60. (2) OJ L 76, 23. 3. 1992. (98/C 386/041) WRITTEN QUESTION E-0708/98 by Amedeo Amadeo (NI) and Salvatore Tatarella (NI) to the Commission (18 March 1998) Subject: Food legislation › consumer health In connection with The General Principles of Food Law in the European Unioní (Commission Green Paper) and Consumer Health and Food Safetyí (Commission Communication) (COM(98) 176 final and COM(97) 183 final), can the Commission ensure the simplification and rationalization of food law, in so far as this does not prejudice essential safety standards? (98/C 386/042) WRITTEN QUESTION E-0709/98 by Amedeo Amadeo (NI) and Salvatore Tatarella (NI) to the Commission (18 March 1998) Subject: Food legislation › consumer health In connection with The General Principles of Food Law in the European Unioní (Commission Green Paper) and Consumer Health and Food Safetyí (Commission Communication) (COM(97) 176 final and COM(97) 183 final), can the Commission consider recourse to fundamentally non-binding instruments before the creation of legislative provisions and give thought to the principle of mutual recognition in the sphere of optional instruments too?