WRITTEN QUESTION No. 406/98 by Phillip WHITEHEAD to the Commission. Prescribed Quantity systems (SUPPLEMENTARY ANSWER)
21. 5. 1999 EN Official Journal of the European Communities C 142/1 I (Information) EUROPEAN PARLIAMENT WRITTEN QUESTIONS WITH ANSWER (1999/C 142/001) WRITTEN QUESTION E-0406/98 by Phillip Whitehead (PSE) to the Commission (24 February 1998) Subject: Prescribed Quantity systems Which Member States have a Prescribed Quantity system which has been investigated, and why did the Commission feel that the existence of a PQ system in the British break market posed a threat to inter- Community trade? Supplementary answer given by Mr Monti on behalf of the Commission (4 December 1998) In 1993, the Commission, following Parliamentary question H-228/93 by Mrs von Alemann (1) on the difficulties faced by importers of prepacked bread from Germany, raised the question of the compatibility of the United Kingdom regulations on ranges (Weights and Measures (Miscellaneous Foods) Order 1988 SI 1988/2040) with Articles 30 to 36 of the EC Treaty concerning the principle of the free movement of goods. Since bread is not covered by Directive 80/232/EEC relating to the ranges of nominal quantities and nominal capacities permitted for certain prepacked products (2), Articles 30 to 36 apply to national measures likely to obstruct trade in the products concerned. The disputed regulations prescribe for prepacked bread the nominal quantity of 400 grams and multiples thereof, thereby excluding the nominal quantity of 500 grams normally used in other Member States. The Commission regards these regulations as being incompatible with Article 30 of the EC Treaty, since consumer protection and fairness in trading relations can be adequately ensured by a measure which is less obstructing to trade, involving, for example, the indication of the net quantity on the prepacked product. Following a formal notice of complaint in December 1996, the United Kingdom authorities indicated their willingness to amend the regulations in question with a view to including the quantities of 500 grams and 1 kilogram. The procedure to amend the legislation is now under way. (1) OJ Annex 3-429, 10. 3. 1993. (2) OJ L 51, 25. 2. 1980