# CE2004078EN.01011501.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/115 |
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27.3.2004

EN

Official Journal of the European Union

CE 78/115

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(2004/C 78 E/0117)

WRITTEN QUESTION E-2466/03

by Erik Meijer (GUE/NGL) to the Commission

(23 July 2003)

Subject:   Systematic provision of information to police forces, businessmen and holidaymakers with a view to ensuring that foreign tourists are not punished when they unwittingly break the law

Subject:

| 1. | I understand that in early July a holidaymaker from the Netherlands visiting the Greek island of Crete (Chersonissos) hired a scooter which was not supplied with a helmet and then had an EUR 78 fine imposed on him without warning by the police in another town (Neopali). I have previously raised related matters in my Written Questions E-3455/00 (1) and E-0958/01 (2). Is the Commission aware that with alarming frequency residents of an EU Member State on holiday in another Member State are surprised to be caught by the police, the traffic police, ticket inspectors, lifeguards, customs officers, the fire brigade or other officials in the act of breaking the law, even though they have done so unwittingly and could not reasonably have avoided committing the offence in question. |
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1.

I understand that in early July a holidaymaker from the Netherlands visiting the Greek island of Crete (Chersonissos) hired a scooter which was not supplied with a helmet and then had an EUR 78 fine imposed on him without warning by the police in another town (Neopali). I have previously raised related matters in my Written Questions E-3455/00 (1) and E-0958/01 (2). Is the Commission aware that with alarming frequency residents of an EU Member State on holiday in another Member State are surprised to be caught by the police, the traffic police, ticket inspectors, lifeguards, customs officers, the fire brigade or other officials in the act of breaking the law, even though they have done so unwittingly and could not reasonably have avoided committing the offence in question.

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| 2. | Does the Commission see a role for the EU in protecting as far as possible nationals of the Member States against what they repeatedly experience as incomprehension, unfairness, arbitrary behaviour or legalised extortion in other Member States? |
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2.

Does the Commission see a role for the EU in protecting as far as possible nationals of the Member States against what they repeatedly experience as incomprehension, unfairness, arbitrary behaviour or legalised extortion in other Member States?

| 3. | Can the Commission help to bring about a greater degree of uniformity in the behaviour which tourists can reasonably expect from the police and other forces of law and order in the regions which they frequent? |
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3.

Can the Commission help to bring about a greater degree of uniformity in the behaviour which tourists can reasonably expect from the police and other forces of law and order in the regions which they frequent?

| 4. | Can the Commission help to ensure that adequate information is available concerning blatant departures from generally accepted rules which unexpectedly turn people into criminals and the ways in which businessmen in the tourist sector can systematically help to ensure that such situations do not arise? |
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4.

Can the Commission help to ensure that adequate information is available concerning blatant departures from generally accepted rules which unexpectedly turn people into criminals and the ways in which businessmen in the tourist sector can systematically help to ensure that such situations do not arise?

| 5. | Is the Commission developing practical measures with that aim in view, not least in connection with the EU's much-touted, but thus far largely theoretical, role in removing obstacles to cross-border tourism? |
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5.

Is the Commission developing practical measures with that aim in view, not least in connection with the EU's much-touted, but thus far largely theoretical, role in removing obstacles to cross-border tourism?

Answer given by Mr Vitorino on behalf of the Commission

(16 September 2003)

(16 September 2003)

| 1. | It is a matter for Member States to decide upon their domestic legislation, except in areas where it has been considered appropriate to harmonise or approximate legislation. Article 33 of the Treaty on European Union provides that European legislation shall not affect the responsibilities incumbent on Member States with regard to the maintenance of law and order. It remains the responsibility of holidaymakers to acquaint themselves with the relevant laws of any other Member State they may wish to visit. Ignorance of the law is not a defence available to nationals of a Member State. The Commission does not believe that foreign visitors should be treated differently from nationals.
  The Commission has no reason to believe that either the law at issue here or the manner in which it is enforced is discriminatory against non-nationals. |
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1.

It is a matter for Member States to decide upon their domestic legislation, except in areas where it has been considered appropriate to harmonise or approximate legislation. Article 33 of the Treaty on European Union provides that European legislation shall not affect the responsibilities incumbent on Member States with regard to the maintenance of law and order. It remains the responsibility of holidaymakers to acquaint themselves with the relevant laws of any other Member State they may wish to visit. Ignorance of the law is not a defence available to nationals of a Member State. The Commission does not believe that foreign visitors should be treated differently from nationals.

The Commission has no reason to believe that either the law at issue here or the manner in which it is enforced is discriminatory against non-nationals.

| 2. | The question does not disclose evidence of ‘incomprehension, unfairness, arbitrary behaviour’. In any event, legislating for this type of conduct does not fall within the competence of the Union and there is no legal basis to act against such conduct in the general sense. Any instances of ‘legalised extortion’ which are the result of discrimination against nationals of another Member State would be contrary to Article 12 of the EC Treaty. It should also be noted that the Commission plans to submit a proposal for a Framework Decision on procedural safeguards for suspects and defendants in criminal proceedings throughout the Union in the autumn 2003. This should ensure that there are common minimum standards as far as trial rights in criminal proceedings are concerned. |
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2.

The question does not disclose evidence of ‘incomprehension, unfairness, arbitrary behaviour’. In any event, legislating for this type of conduct does not fall within the competence of the Union and there is no legal basis to act against such conduct in the general sense. Any instances of ‘legalised extortion’ which are the result of discrimination against nationals of another Member State would be contrary to Article 12 of the EC Treaty. It should also be noted that the Commission plans to submit a proposal for a Framework Decision on procedural safeguards for suspects and defendants in criminal proceedings throughout the Union in the autumn 2003. This should ensure that there are common minimum standards as far as trial rights in criminal proceedings are concerned.

| 3. | The Union has no power to legislate at the European level for ‘uniformity’ in the conduct of police and other forces of law and order. |
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3.

The Union has no power to legislate at the European level for ‘uniformity’ in the conduct of police and other forces of law and order.

| 4. | The Commission has no knowledge of ‘blatant departures from generally accepted rules which unexpectedly turn people into criminals’ and in any event, has no jurisdiction to act in such a case for the reasons set out above.
  The Commission will shortly be recommending a set of procedural safeguards designed to ensure that foreign suspects and defendants are treated fairly in criminal proceedings throughout the Union.
  The Commission believes that the issue raised by the Honourable Member is no obstacle which would have a measurable impact on European tourism in general, even if in individual cases, it can cause problems. But it also agrees that visitors should be provided with sufficient local information to make their stay a pleasant one. However, due to the already mentioned lack of specific Community competence in the sphere of tourism, it is largely up to national, regional and local authorities, and to the private sector and civil society bodies, to make the relevant information available to tourists. |
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4.

The Commission has no knowledge of ‘blatant departures from generally accepted rules which unexpectedly turn people into criminals’ and in any event, has no jurisdiction to act in such a case for the reasons set out above.

The Commission will shortly be recommending a set of procedural safeguards designed to ensure that foreign suspects and defendants are treated fairly in criminal proceedings throughout the Union.

The Commission believes that the issue raised by the Honourable Member is no obstacle which would have a measurable impact on European tourism in general, even if in individual cases, it can cause problems. But it also agrees that visitors should be provided with sufficient local information to make their stay a pleasant one. However, due to the already mentioned lack of specific Community competence in the sphere of tourism, it is largely up to national, regional and local authorities, and to the private sector and civil society bodies, to make the relevant information available to tourists.

| 5. | Regarding practical Community measures specifically designed for favouring European tourism, the Commission has outlined them in its Communication Working together for the future of European tourism (3). Furthermore, comprehensive information to this end is publicly available at the Commission's special tourism website http://europa.eu.int/comm/enterprise/services/tourism/index_en.htm. |
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5.

Regarding practical Community measures specifically designed for favouring European tourism, the Commission has outlined them in its Communication Working together for the future of European tourism (3). Furthermore, comprehensive information to this end is publicly available at the Commission's special tourism website http://europa.eu.int/comm/enterprise/services/tourism/index_en.htm.

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(1)  OJ C 151 E, 22.5.2001, p. 174.

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(2)  OJ C 318 E, 13.11.2001, p. 161.

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(3)  COM(2001) 665 final.

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