ddrg/super_eurlex huggingface dataset:
WRITTEN QUESTION E-0251/98

by Marco Cellai (NI) to the Commission

(13 February 1998)

Subject: Taxation of companies' net assets

In compliance with the principle that capital contributions or the raising of capital may not be taxed more than once in the European Community so as not to create barriers to the free movement of capital, Article 1 of Directive 69/335/EEC(1) of 17 July 1969 requires harmonization of taxation of contributions of capital to capital companies. The directive stipulates that Member States may not apply taxes on the raising of capital by such companies apart from capital duty, the rate of which, following the amendment introduced by Article 1 of Directive 73/80/EEC(2) of 18 April 1973, may not exceed 1 % (Article 10 of Directive 69/335/EEC).

Under Italian regulations, capital duty (the only tax allowed by the Community legislation referred to above) is represented by the registration tax on capital contributions other than contributions of property rights: this tax is charged at the rate of 1 %. The tax on the net assets of companies thus comes on top of this registration tax and has been applied at the rate of an additional 0,75 % to the equity capital at the financial year end, year after year despite the fact that it is neither exceptional or temporary in nature.

The tax thus has an equivalent effect equivalent to that of the ordinary capital duty and as such is in breach of the provisions of Article 10 of Directive 69/335/EEC of 17 July 1969.

The approach consistently adopted under national and Community case law on non-compliance of this kind would require the regulations on the tax on the net assets of companies to be repealed immediately and with retroactive effect, without any need for intervention by the legislator. On these grounds, many Italian companies have applied to the Ministry of Finance for the refund of amounts wrongly paid in respect of the tax on net assets of companies together with accrued interest.

Does the Commission not consider that it should remind the Italian Government of its duty to amend the relevant legislation and introduce new provisions without delay?

Supplementary answer

given by Mr Monti on behalf of the Commission

(16 December 1998)

The question of the compatibility of the Italian tax on business assets with amended Directive 69/335/EEC of 17 July 1969 concerning indirect taxes on the raising of capital was the subject of a question for a preliminary ruling submitted to the Court of Justice by an Italian court.

In its decision of 27 October 1998 (Case C-4/97 Manifattura italiana Nonwoven SpA), the Court of Justice ruled that the tax on net business assets was neither a capital duty nor a tax possessing the characteristics of such a duty and that, consequently, the Directive did not prohibit the collection of the tax from corporate enterprises.

Finally, the Commission would draw the Honourable Member's attention to the fact that this tax has now been abolished.

(1) OJ L 249, 3.10.1969, p. 25.

(2) OJ L 103, 18.4.1973, p. 13.
WRITTEN QUESTION E-2134/98

by Philippe De Coene (PSE) and Anne Van Lancker (PSE) to the Commission

(10 July 1998)

Subject: Length of the ECVAM Director's term of office

The term of office of the Director of the European Centre for the Validation of Alternative Methods (ECVAM) has recently been renewed. The usual term is five years, but this time an extension of only two years has been granted.

Limiting the term of office in this way will seriously jeopardize any research that is launched during the period concerned. Many research projects can obviously not be completed in such a time, and two years is also too short to draw any well-founded long-term conclusions.

Scientific centres will not attach much credibility to the ECVAM when they realize that the Director has barely two years to carry out his research.

Does the Commission not agree that it makes scientific sense to grant a full term of five years? What are the reasons for choosing a shorter term?
WRITTEN QUESTION E-3098/98

by Umberto Bossi (NI) to the Council

(19 October 1998)

Subject: Professional relations among professional soccer players

Barriers should not be created that hinder or prevent free competition in the area of professional relations between soccer players and sports promoters, or promoters in general, who operate in a complex and constantly evolving industry.

The system adopted by the FIGC [Italian Football Federation], which involves the drawing up of a special list, does not comply with Italian law since it does not meet the criteria required for the system to be recognised as a professional body.

Private enterprise should not be prevented from bringing its inventiveness, creativity, research capacity, initiative and imagination to the business of competitive sporting activities, where these activities constitute industrial and commercial activities like any other.

In view of the above, can the Council say:

1. whether the notion of sports promoter, as defined by the FIGC, is at odds with the evolving Community case law in the area of professional activities;

2. whether the FIGC regulation on sports promoters constitutes an obstacle to the freedom to provide services, in particular in cases of professional activities being exercised jointly, in relation to the applicability of the provisions of Italian law No 287/90?

Reply

(20/21 December 1998)

The Council would remind the Honourable Member that, pursuant to the Treaty, it is the Commission which is responsible for ensuring that Treaty provisions are applied. It follows that, insofar as the Honourable Member's questions on professional relations between soccer players and sports promoters relate to the freedom to exercise professional activities and freedom of competition, they fall within the Commission's sphere of competence.
WRITTEN QUESTION P-3204/98

by Anita Pollack (PSE) to the Commission

(16 October 1998)

Subject: Incitement to murder in Pakistan

Will the European Commission express its grave concern to the Government of Pakistan over the appearance in the daily "Juraat" newspaper of an advertisement on behalf of militant clerics offering large sums of money in return for the murder of Salman Rushdie, Mirza Tahir, Gohar Shahi and Janti Lal? This action - an incitement to murder - would be a criminal offence in any of the European Union's Member States, and the Government of Pakistan must prevent similar advertisements appearing if it wishes to be regarded as a civilised and law-abiding state.

Answer given by Mr Marín on behalf of the Commission

(13 November 1998)

The Commission shares the concern of the Honourable Member on this matter, of which it was not previously aware.

For the information of the Honourable Member it would appear that "Juraat" is an Urdu language, limited circulation, local daily newspaper published in Karachi. Despite enquiries with the National library of Pakistan it has not been possible for the delegation of the Commission in Islamabad to obtain a copy of the edition cited in order to verify the precise text.

Further enquiries by its delegation in Islamabad have failed to trace any reaction to the advertisement, whether from the government of Pakistan or from Pakistan based human rights organisations.
WRITTEN QUESTION E-2327/98

by Franz Linser (NI) to the Commission

(22 July 1998)

Subject: Brenner toll 2

The Commission has brought a complaint in the European Court of Justice for infringement of the road pricing directive because of tolls imposed on the Brenner motorway.

1. On what legal basis has this complaint been made?

2. Is there a possibility that the Commission will withdraw the complaint?

3. If so, what conditions would Austria have to meet for the Commission to withdraw its complaint?

Joint answer

to Written Questions E-2326/98 and E-2327/98 given by Mr Kinnock on behalf of the Commission

(1 October 1998)

The Commission would refer the Honourable Member to its answer to Written Question No 1764/98 by Mr. Konrad(1).

If the Commission finds that Austria has taken measures to put an end to the infringement of Council Directive 93/89/EEC of 25 October 1993 on the application by Member States of taxes on certain vehicles used for the carriage of goods by road and tolls and charges for the use of certain infrastructures(2), it could consider discontinuing the proceedings against Austria. This possibility remains, however, at the discretion of the Commission which will at all times work on the basis of the facts relevant to the case.

The Commission noted with interest the two latest Austrian proposals on restructuring of the Brenner tolls which aim to achieve progress in the Council discussions about the revision of Directive 93/89/EEC. These latest Austrian proposals have not been submitted within the framework of the Brenner case pending before the Court.

(1) OJ C 13, 18.1.1999, p. 80.

(2) OJ L 279, 12.11.1993.
WRITTEN QUESTION E-2566/98

by Nikitas Kaklamanis (UPE) to the Commission

(1 September 1998)

Subject: Recruitment to the European Environment Agency (EEA)

In replying to my Written Question E-1779/98(1) concerning the unacceptable situation regarding the spread of nationalities among the staff of the EEA, Commissioner Bjerregaard, who is normally highly circumspect, made a significant slip of the tongue - albeit unwittingly, I am sure - in saying that " ... there is no formal division of posts according to geographical or demographic criteria. On the contrary, recruitment is principally on merit ...". The obvious implication of this answer is that the Greeks and Irish have no merit since the EEA has deemed that only one Greek and one Irish national deserve to work at the Agency, whereas seven Belgian and seven Dutch nationals, for example, have been recruited as officials.

At another point in her answer, Mrs Bjerregaard stresses that "In a small organization like the European Environment Agency, which is based in the north of Europe, there will inevitably be practical difficulties in reconciling the need for the best candidates and the need for a good geographical spread". The governing body of the EEA (which is constantly informing the members of the Committee on Budgets - through the Commission - of the reasons why funding for the EEA should be increased) and the Commission itself, know full well that the decentralized agencies do not exist to recruit officials from the geographical area in which they are located but to serve European citizens and not incite them by their practices and "open and transparent competitions", as Mrs Bjerregaard puts it. Recent experience with the legal bases of the EU budget, moreover, has shown that matters can become rather complicated when the procedures followed are not transparent.

What practical measures has the Commission taken to enhance the transparency of the recruitment procedure at the EEA and to eliminate the imbalance in the spread of nationalities among its officials (not the national experts)?

Answer given by Mrs Bjerregaard on behalf of the Commission

(1 October 1998)

The Honourable Member's conclusions on the reply to Written Question E-1779/98 were doubtless made "tongue-in-cheek", but nonetheless he will appreciate that recruitment on merit can only be on the basis of the applications received.

The Honourable Member is aware that the Commission can only offer advice to the European environmental agency on how to conduct its recruitment, but the Commission does understand his concerns at the apparent difficulty in attracting the best candidates from Southern Europe to apply for posts. The Commission has informed the Agency of the Honourable Member's questions and will ask that the executive director consider possible remedies for future recruitment competitions.

The Commission will continue to be represented in future selection procedures.

(1) OJ C 50, 22.2.1999, p. 91.
WRITTEN QUESTION E-2733/98

by Christine Oddy (PSE) to the Commission

(1 September 1998)

Subject: Deforestation in Venezuela

Will the Commission make the strongest possible representations to the government of Venezuela which is posing a grave threat to its rainforests by proposing to allow nearly half the Imataca Forest Reserve to be opened to mining and logging interests? The proposal would threaten the traditional way of life of the indigenous population of the forest and lead to massive destruction of wildlife, as well as posing a dangerous precedent for the future of similar forest areas.

Answer given by Mr Marín on behalf of the Commission

(8 October 1998)

Conservation and sustainable management of the tropical forests are important issues for the Commission, which has committed over ECU 500 million to actions in this field since 1992 and is following closely all events in this sector.

Since its creation in 1961, the Imataca Reserve has been subject to illegal mining activities, which have grown more important during the last years. The proposed decree 1850 aims at regulating these activities by introducing more environmentally friendly practices, because it is thought to be socially impossible to stop them altogether. Indeed, Venezuela's economy has suffered heavy setbacks because of the near 50 % drop in oil prices over the last year. This has left roughly half of the population to survive in appalling conditions and caused a steep rise in the efforts to service the massive external debt.Given these circumstances, the government of Venezuela has been looking for new possibilities to exploit natural resources as a way to raise revenue and to reduce the dependence on oil which is clearly threatening the economy as a whole. This explains why decree 1850 was finally adopted, after first having been suspended and subsequently having been the subject of a heated public debate.

The Commission has supported several actions in the environmental sector in Venezuela, including conservation of biodiversity in the Upper Orinoco-Casiquiare Reserve (ECU 11 million), "Protección del Indígena Amazonense" (ECU 915 000), biodiversity conservation in the Orinoco Delta (ECU 750 000), establishment of a catchment authority for the Lago de Valencia basin (ECU 870 000) and a feasibility study for environmental management of the Caroni basin (ECU 80 000).

Venezuela has an impressive array of environmental legislation, resulting in more than 80 laws and some 400 decrees and regulation. The Commission will strongly recommend to Venezuela by means of bilateral contacts to enforce these regulations, notably concerning decree No 1850 including its international obligations towards sustainable development (Biodiversity Convention).

The Commission is currently preparing a communication on forestry development cooperation, to continue and to improve its activities in this sector after 1999. During the preparation of this basic text, the Commission will certainly take into account the interlinkage between the forest sector and other economic activities.
WRITTEN QUESTION No. 2011/98 by José APOLINÁRIO to the Commission. Income and GDP - Agenda 2000



Official Journal C 118 , 29/04/1999 P. 0015



WRITTEN QUESTION E-2011/98 by José Apolinário (PSE) to the Commission (30 June 1998) Subject: Income and GDP - Agenda 2000 Can the Commission confirm that in the context of Agenda 2000 the concepts of GDP and income are used interchangeably? Is it the case that in Agenda 2000 the classification of regions would look completely different if production were used rather than income as the yardstick? What would be the results of this prospective effort?
WRITTEN QUESTION E-2814/98

by Michael Hindley (PSE) to the Commission

(17 September 1998)

Subject: Action programme for the Republic of Kazakhstan (EU aid to Kazakhstan)

Under the 1996-1999 indicative programme agreed between the Kazakhstan authorities and the TACIS management committee, special reference was made to assistance to facilitate Kazakhstan's entry into the WTO.

Can the Commission report on how this assistance is being provided?

Answer given by Mr Van den Broek on behalf of the Commission

(21 October 1998)

The 1996/1999 indicative programme for Kazakhstan is covered by two action programmes. The first covered the period 1996/1997. The second one, which is under preparation, covers the period 1998/1999.

In the first action programme Kazakhstan participated in the programme called "European expertise services". Through this project the Kazakh government received advice on how to proceed in order to accede to the World trade organisation (WTO). Conscious that the entry into the WTO needs strong support, the Kazakh representative requested this at the joint committee meeting held in June 1998 in Brussels between the Kazakhstan and the Commission.

During the TACIS programming mission which took place after the above mentioned joint committee meeting, the request was further discussed and, as a result, a project called "Implementation of the partnership and co-operation agreements" is now under preparation. A major part of the activities of this project will be devoted to the WTO accession.
WRITTEN QUESTION P-2975/98

by Umberto Bossi (NI) to the Commission

(28 September 1998)

Subject: Italian proposal to promote job creation in the south with exemptions from contributions

The Italian Government recently issued a proposal to promote job creation in the south of Italy by exempting firms in the area from paying contributions.

The Government failed, moreover, to obtain information from the Community authorities about the legality of this measure. The same thing happened in 1995 when it launched "work training contracts" and as a result of this emission infringement proceedings were initiated against Italy (for breaching Community anti-trust rules) and the firms were requested to refund all the subsidies received since 1995.

Does the Commission not agree that the Italian Government's measures to support the south discriminate against firms in the other regions of Italy which would like to hire more staff but cannot benefit from any job-creation measures?

What measures does the Commission intend to take against Italy in order to avoid any further "omission" to notify national measures?

Does the Commission not consider that SMEs in Italy should be given more protection to ensure that productive workers do not suffer from the Government's errors?

Answer given by Mr Van Miert on behalf of the Commission

(19 October 1998)

The Commission has not been officially informed of the proposal to which the Honourable Member refers.

Under Article 93(3) of the EC Treaty, the Italian Government is obliged to inform the Commission of any plans to grant or alter aid before they are implemented, so that it can decide whether they are compatible with the common market. The Commission will ensure that this obligation is met.

The Commission will examine measures notified to it in the light of Community rules and in particular, where the measure is to promote job creation, on the basis of the guidelines on aid to employment(1).

If measures are put into effect before the Commission gives its approval, they are illegal and the Commission may also ask for any subsidies received to be refunded.

The Commission does not consider it appropriate to comment on the Italian Government's intentions to support certain regions or categories of firms, provided that Community rules on state aid are upheld.

(1) OJ C 334, 12.12.1995.
WRITTEN QUESTION E-2866/98

by Clive Needle (PSE) to the Council

(28 September 1998)

Subject: Code of conduct on arms control

Despite the Code of Conduct on Arms Control agreed in May, the German company Heckler and Koch have signed a contract with MKEK of Turkey under which the latter will manufacture 200 000 combat rifles.

Given human rights abuses in Turkey does this contravene the Code of Conduct, and what steps is the Council taking on this issue?

Reply

(20/21 December 1998)

The Code of Conduct on arms exports was adopted on 8 June 1998 with a view to setting high common standards which should be regarded as the minimum for the management of, and restraint in, conventional arms transfers by all Member States, and to strengthen the exchange of relevant information with a view to achieving greater transparency within the Union.

The facts mentioned by the Honourable Member in his question have not been brought to the attention of the Council.

The Honourable Member will be aware that individual arms export decisions, and therefore the implementation of the Code, remain the responsibility of the Member States and of their national licensing authorities.

Pursuant to the provisions of the Code, the Council is currently engaged in the definition of the detailed procedure for the envisaged reporting exercise.
WRITTEN QUESTION E-3159/98

by Concepció Ferrer (PPE) to the Commission

(19 October 1998)

Subject: Work programme for the period 1998-2000 with regard to the development of local and regional transport networks

The Commission recently presented its work programme for the period 1998-2000 for the development of local and regional transport networks aimed at promoting the exchange of information in the field of transport between different regions in the European Union.

Under this programme, the Commission hopes to draw up a manual for carrying out comparative analyses in the area of local passenger transport.

Can the Commission say what criteria were followed in the selection of the 15 cities which will participate in the drafting of said manual?

Did the Commission receive proposals from cities in all the Member States?

Answer given by Mr Kinnock on behalf of the Commission

(30 November 1998)

The pilot benchmarking project cited by the Honourable Member aims to establish methods for cities to compare the performance of their transport systems with those of others and to learn from best practice. It covers all modes of passenger transport, not just public transport.

The Commission asked several European associations of local authorities and of public transport operators to bring the project to the attention of cities that might be interested. 45 cities (from 8 Member States plus the Czech republic) expressed an interest. Budget limits meant that only 15 could be accepted. As stated in the Commission's letter inviting expressions of interest, the criteria for selecting these were evidence of: commitment, at a senior level, to implementing change in order to improve the performance of their local transport system; staff with the time needed to take part in the project; the availability of basic data on their local transport system (covering aspects like the amounts of travel by different forms of transport, travel by different social groups, and public expenditure on transport); and a willingness to make some of this data publicly available. In addition, the Commission aimed to find participants from cities of different sizes and from different regions of the Community.

Bodies from two Spanish cities expressed an interest in taking part in the project. Unfortunately, neither met the project's criteria. One application related only to one specific form of public transport, rather than to the whole transport system. The other did not provide sufficient information to allow its application to be evaluated against the criteria that had been defined. Their interest, and that of all applicants was, however, greatly appreciated.

The results of the first stage of the project (a guide to performance assessment) should be available in the first part of 1999. The Commission will ensure that copies are sent to the cities which were not selected and that they are kept informed of the further development of the project.