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Europe Daily Bulletin No. 10382
Contents Publication in full By article 39 / 41
GENERAL NEWS / (eu) eu/enterprises

Infringement procedures against Greece and France

Brussels, 19/05/2011 (Agence Europe) - On Thursday 19 May, the European Commission decided to send a reasoned opinion to France, to amend its rules on hoods for protection of fire-fighters. The French technical information note (N.I.T. 328) imposes additional safety requirements to those outlined at EU level on manufacturers of hoods for protection of fire-fighters (e.g. colour). The Commission considers that, for public services such as fire-fighting, member states may require certain operational criteria (such as colour), but they must not impose requirements, tests or inspections other than those specified under the European harmonised standard ED13811: 2004 on test methods for fire hoods for fire-fighters.

On 4 June 2010, the Commission sent a formal letter to the French authorities indicating the non-conformity of their rules with EU provisions on the free movement of goods. France replied that the N.I.T 328 was repealed and that they sought revision of the relevant European harmonised standard to take into account specific needs for fighting forest fires. Although repeal of the N.I.T 328 was confirmed, certain elements seem to appear in other official documents, elements which might entail a distortion on the internal market. The Commission, therefore, sent a newly revised information note to the French authorities, recalling the principles of the free movement of goods. An answer was expected to be sent to the Commission in January 2011 by France. If France fails to comply within two months following this reasoned opinion, the Commission could refer the case to the EU Court of Justice.

“Bake-off” products. The European Commission has sent a reasoned opinion to Greece, calling on it to amend its current legislation on the minimum surface areas for the preparation of bakery products produced using the “bake-off” method. This method consists of quick thawing followed by re-heating or baking, at sales outlets, of fully or partially pre-baked and frozen products. Currently, Greek legislation requires minimum surface areas of at least 24.99 m2 for the preparation of these products. The Commission considers these requirements do not take into account the specific nature of such products and their inherent attractiveness due to the fact that they can be “completed” by a short final baking in very small premises. (L.C./transl.jl)

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