WRITTEN QUESTION No. 1818/98 by Sir Jack STEWART-CLARK to the Commission. Export of incapacitants from the UK to EU Member States
22. 2. 1999 EN Official Journal of the European Communities C 50/97 Answer given by Mr Oreja on behalf of the Commission (23 July 1998) Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovak Republic and Slovenia, the countries of Central and Eastern Europe, have asked to participate in the Raphael Programme in 1999, the only Community cultural programme that will still be in operation at that date. The Commission has presented a proposal relating to the First European Community framework programme in support of culture (2000-2004)í (1). In 1999, the Commission will launch preparatory measures for the programme, the terms of which it is currently drawing up. Here, the conditions under which the countries of central and eastern Europe can participate will be examined very closely. (1) COM(98) 266 final. (1999/C 50/140) WRITTEN QUESTION P-1818/98 by Sir Jack Stewart-Clark (PPE) to the Commission Subject: Export of incapacitants from the UK to EU Member States (29 May 1998) A company in my East Sussex constituency is a manufacturer of incapacitants for the police and security markets world-wide. The cost of sending a sample of an incapacitant spray to potential customers in EU Member States is £180. In addition to these exceedingly high costs there appears to be no common classification system for such products in the EU. In some countries incapacitant sprays are categorized as incapacitants, in others as a ballistic firearm. 1. What measures exist at European level which are applicable in all Member States for a clear classification of incapacitants? 2. What incapacitants across national borders in the EU? legislative framework exists at European level for courier companies engaged to transport Are there any measures in place which could help to reduce the high costs of exporting samples of 3. incapacitants to other Member States? If not, what action will the Commission take on this matter? Answer given by Mr Monti on behalf of the Commission (15 July 1998) 1. and 2. courier companies at Community level. Currently, there are no specific rules relating to incapacitants, their classification or their transport by 3. In the absence of harmonised rules at Community level, Member States are free to adopt legislation, for example concerning the classification of the products mentioned, in order to protect legitimate interests, such as public safety and health. However, obstacles to intra-Community trade which arise as a result of such national legislation are only acceptable if they are compatible with the EC Treaty, in particular the provisions on the free movement of goods in Articles 30 to 36. This means that any national measures which regulate the production and marketing of incapacitants or might result in a high cost of exporting sample incapacitants might be considered as measures having equivalent effect falling within Article 30 EC Treaty if they restrict trade. Such measures could however be justified under Article 36 if they are necessary for the protection of the health and safety of for example the users of the incapacitants and proportionate in that it is not possible to achieve the same objective with other measures which are less restrictive to trade