WRITTEN QUESTION E-2967/00

by Mariotto Segni (UEN) to the Commission

(20 September 2000)

Subject: Regulations Nos 2408/92 and 3577/92

The aim of Council Regulation (EEC) No 2408/92(1) of 23 July 1992 on access for Community air carriers to intra-Community air routes and Council Regulation (EEC) No 3577/92(2) of 7 December 1992 applying the principle of

freedom to provide services to maritime transport within Member States (maritime cabotage) is to aid in the creation of an area without internal frontiers in which the free movement of goods, persons, services and capital is guaranteed.

The adoption of those two regulations was followed by the entry into force of the Treaties of Maastricht and Amsterdam, under which the Union's objectives include not just the completion of the internal market but also the strengthening of economic and social cohesion.

Under the terms of those treaties, the Union and the Member States cannot work towards the completion of the internal market without at the same time pursuing the goal of economic and social cohesion.

Furthermore, Article 158 of the Amsterdam Treaty states that, in the pursuit of economic and social cohesion, the Union shall aim at reducing disparities between the levels of development of the various regions and the backwardness of the least favoured regions or islands.

Notwithstanding this provision, neither Regulation 3577/92 nor Regulation 2408/92 takes account of the acknowledged structural disadvantages from which islands suffer, and which hamper the pursuit of economic and social cohesion.

Given that Community law, as established by the Court of Justice, requires the secondary legislation set out in regulations to comply with the provisions of the Treaties, what practical steps are currently being considered with a view to revising at the earliest opportunity these two regulations, which, in laying down provisions governing public service requirements for air and sea transport, fail to comply with the founding treaties by taking due account of the specific economic and social problems of island regions?

(1) OJ L 240, 24.8.1992, p. 8.

(2) OJ L 364, 12.12.1992, p. 7.

Answer given by Mrs de Palacio on behalf of the Commission

(31 October 2000)

The Commission shares the Honourable Member's concern with economic and social cohesion in Europe and agrees that it is important to ensure that the specific problems faced by island regions are adequately addressed.

Nevertheless, the Commission believes that these problems can be dealt with effectively without having to revise either Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes(1) or Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage)(2).

In the Commission's opinion, neither of these Regulations constitutes an obstacle to economic and social cohesion.

On the contrary, the Commission wishes to point out that the specific nature of islands was recognised in Regulation (EEC) No 3577/92 on maritime transport, and special dispensations from the principle of the free provision of services were made in their favour. In particular, the Regulation allows Member States to impose a public service obligation on maritime transport companies serving islands within their national territory to provide an adequate number of regular connections between these islands and the mainland, or between the islands in question and other neighbouring islands.

The same is true for air transport. The provisions of Article 4 of Regulation (EEC) No 2408/92 allow Member States to impose a public service obligation on scheduled air services to airports serving outlying areas and development areas, and on services linking areas with a low volume of traffic to a regional airport within their own territory. Islands are a classic case of outlying areas in the sense intended by these provisions, and several Member States have made extensive use of Article 4. Moreover, independently of or in addition to Regulation (EEC) No 2408/92, several Member States have used aid of a social nature, as authorised by Article 87(2)(a) of the EC Treaty, to facilitate the development of air transport routes serving island regions within Community territory.

(1) OJ L 240, 24.8.1992.

(2) OJ L 364, 12.12.1992.