WRITTEN QUESTION No. 1653/98 by Guido PODESTÀ to the Commission. New Italian legislation governing licences for retail outlets of more than 2000 sq m, transitional provisions, and the rules on competition and freedom of movement in the Single Market.
C 50/66 Official Journal of the European Communities EN 22. 2. 1999 (1999/C 50/094) WRITTEN QUESTION E-1650/98 by David Bowe (PSE) to the Commission (29 May 1998) Subject: Permethrin used in timber treatment Permethrin is a water-based timber treatment, commonly used in homes. Has the Commission carried out a study into the chronic effects of the chemicals? If not, why not? In this respect, can the Commission explain the disparity in the health and safety recommendations of the UK (where re-entry to a property which has been sprayed with permethrin is allowed after just eight hours) and of Germany (where treated homes must be decontaminated before re-occupation)? Answer given by Mr Bangemann on behalf of the Commission (15 July 1998) Permethrin is used both as a biocide (e. g. for treatment of wood) and as a pesticide in agriculture. Pesticides used in agriculture are regulated at Community level by Council Directive 91/414/EEC concerning the placing of plant protection products on the market (1) which harmonizes the rules for their authorisation and requires risk assessment at Community level for their active substances and at Member State level for products containing them. The effects on health and the environment of Permethrin are currently under evaluation in the context of Directive 91/414/EEC. The report on this active substance was submitted by the rapporteur Member State Ireland to the Commission on 10 June 1998. A detailed scientific and technical evaluation of this report at Community level will be organised soon. Products for the preservation of wood (after the sawmill) will be covered by Directive 98/8/EC, concerning the placing of biocidal products on the market (2), adopted by the Parliament and the Council on 16 February 1998. It will enter into force on 14 May 1998, with deadline for the implementation by Member States on 13 May 2000. This Directive establishes that an active substance, to be incorporated in a biocidal product, must first be authorised at Community level and enter a positive list (Annex I, IA or IB to the Directive). Long term toxicity studies on mutagenicity, carcinogenicity, and reproductive toxicity, together with other toxicological and ecotoxicological studies are required. The Commission will decide upon the inclusion of an active substance in Annex I in the light of the conclusions of the risk assessment. If it is concluded that the risks from a substance are acceptable for humans, animals and the environment, the active substance will enter the positive list subject to conditions of use and possible restrictions. If it is concluded that the risks are unacceptable, the active substance will be forbidden. (1) OJ L 230, 19. 8. 1991. (2) OJ L 123, 24. 4. 1998. (1999/C 50/095) WRITTEN QUESTION E-1653/98 by Guido Podestà (PPE) to the Commission (29 May 1998) Subject: New Italian legislation governing licences for retail outlets of more than 2000 m2, transitional provisions, and the rules on competition and freedom of movement in the Single Market. By means of a legislative decree of 16 January 1998, the Italian Government revised commercial law, affecting the retail trade market and large-scale distributors. The transitional provisions (Article 25, paragraphs 3 and 4), in particular, provide for three different systems for applying for licences for sales outlets of more than 2000 m2. Applications submitted to the local authority before 16 January 1998 and already áforwarded to the regional councilí must be decided on within 180 days. The others, and applications submitted after this date will be declared to have been lapsed. The new legislation clearly involves unwarranted discrimination of various kinds between those whose applications have been áforwardedí before the deadline and those who have not had this good fortune, without any account being taken of the fact that applicants acted in good faith