Commissie: Duitsland moet markt voor brandblussers openen, en Spanje de markt voor energiedrankjes (en)

The European Commission has decided to formally request Germany to modify its regulations on controls for fire extinguishers. In the Commission's opinion, these regulations unjustifiably prevent the marketing on German territory of fire-extinguishing aerosols originating in other Member States. The Commission has also decided to ask Spain to lift a marketing ban on certain energy drinks and dietary supplements containing guarana and caffeine. The Commission's requests take the form of reasoned opinions, which represent the second stage of the infringement procedure provided for by Article 226 of the EC Treaty. If the national authorities do not reply satisfactorily within two months of receiving the reasoned opinion, the Commission may decide to refer the matter to the Court of Justice.

Where national rules hinder the free movement of goods within the European Union (one of the principles of the Internal Market and provided for by Article 28 of the EC Treaty), enterprises are deprived of their right to sell a product throughout the Union on the basis of legally manufacturing and/or marketing their product in another Member State. Competition on national markets is thus liable to be reduced. The bottom line is that consumers have less choice and risk having to pay more.

Germany - regulations on controls for fire extinguishing aerosols

The Commission has decided to send a reasoned opinion to Germany concerning German regulations on controls for fire extinguishers. In Germany, simple fire extinguishing aerosols are submitted to the same authorisation procedures as fire extinguishers.

According to Germany, these regulations are necessary for health protection reasons.

In view of the fact that these aerosols are legally manufactured and placed on the market in several other Member States of the European Union without being subjected to heavy authorisation procedures, the Commission is of the opinion that the German regulations are disproportionate to the objective they are intended to achieve. It seems that the objective of providing health protection could equally be attained by means of adequate labelling.

Spain - energy drinks and dietary supplements (guarana)

The Commission has decided to send a reasoned opinion to Spain in relation to the marketing ban in the Autonomous Community of Valencia on certain energy drinks and dietary supplements containing guarana and a high percentage of caffeine. According to the Spanish authorities, guarana is a medicine and marketing for these products should therefore be subject to the opinion of the Spanish agency for medicinal products.

Since the Spanish authorities have not provided scientific evidence to support their position and, according to the Commission's information, similar products (energy drinks and ice creams) containing guarana are freely marketed elsewhere in Spain, the Commission is of the opinion that the ban imposed by the Autonomous Community of Valencia is disproportionate to its aim, that of protecting people's health. It seems that that objective could equally be attained by means of adequate labelling.