Brussels, 30/07/2001 (Agence Europe) - The Commission is referring Italy and Greece to the Court of Justice for infringements to the free movement of goods:
Italy: energy drinks: - The Commission has decided to haul Italy before the Court of Justice due to obstacles to the free movement of energy drinks imported from other Member States. By limiting the cafeine content of drinks to 125 mg/litre, the Italian legislation effectively bans the marketing of most energy drinks sold in Europe that contain much more than 125 mg/litre of cafeine. Shipping equipment: - the Commission has also decided to haul Italy before the Court of Justice regarding obstacles to the marketing of in Italy of shipping equipment that may only be marketed in Italy with the approval granted on the basis of a technical certificate granted by the relevant Italian authorities. Producers or importers may not therefore only refer to certificates and tests of other Member States of the EU or the EEA. Special nutritional products intended or sports-people: the Commission has decided to send an additional reasoned opinion to the Italian authorities regarding administrative procedures in Italy regarding the marketing of nutritional products mainly intended or sports-people. These products may only be marketed in Italy if they have been approved in the country according to a special prior approval procedure. The Commission considers that there is no reason of public health or consumer interest that would allow Itay to refuse products marketed in other Member States.
Greece: complementary food: the Commission has decided to send a reasoned opinion to Greece as the Greek authorities rejected a request for approval for marketing an imported complementary food called "Cantamega 1000", as they did not have all the necessary information to assess the product without telling the importer of which information they required. In addition, the Commission stresses in a press release, they took longer than twelve months to provide their negative response to the request. Five years after the initial request, the Greek authorities asked the importers to re-submit their request according to the same procedure, and without indicating the additional information they wanted. The Commission considers that a Member state may not refuse authorisation to market a product sold legally in another Member State unless it is a question of consumer protection of public health.