WRITTEN QUESTION No. 2754/97 by Michl EBNER to the Commission. Compliance of Italian Decree DL 31/12/1996 No 669 with EU law
Date: 1997-09-01
Institutions: EBNER, European Parliament
Subjects: EU national, Italy, equal treatment, import (EU), motor car, motor vehicle, purchase, vehicle registration

30. 4. 98

EN

Official Journal of the European Communities

C 134/21

Answer

(22 December 1997)

The  European  Union  shares  the  Honourable  Member(cid:146)s  concern  about  the  human  rights  situation  in

1.
Burma/Myanmar, including the problem of forced labour.

The  European  Union  has  constantly  denounced  these  deplorable  practices,  most  recently  at  the  Ministerial
Meetings of the ARF (ASEAN Regional Forum) and ASEAN PMC (Post-Ministerial Conference), which were
held on 27 and 28 July 1997 in Kuala Lumpur, where Burma was present as a new member of ASEAN.

2.
The European Union is continuing to try and persuade the ASEAN countries to use their power to exert
pressure on Burma in order to improve the situation in that country. The General Affairs Council on 26 June 1997
also concluded that the presence of Burma as a new member of ASEAN at the ARF and ASEAN PMC Ministerial
Meetings in Kuala Lumpur did not prejudge in any way the possibility of Burma participating in the meetings
organized as part of the EU-ASEAN bilateral dialogue.

3.
At the same time, the European Union has implented a number of measures aimed at the SLORC (State Law
and Order Restoration Council) regime in power in Rangoon/Yangon. The Honourable Member mentioned the
Council(cid:146)s decision to suspend the genralized preferences system; the Council also adopted a Common Position
in October 1996 imposing administrative and visa restrictions on members of the Burmese military junta. This
Common Position, which was originally for a period of six months, was initially extended in April 1997. At its
meeting on 20 and 21 October 1997 the Council extended the Common Position for a further six months.

(98/C 134/26)

WRITTEN QUESTION E-2754/97

by Michl Ebner (PPE) to the Commission

(1 September 1997)

Subject: Compliance of Italian Decree DL 31/12/1996 No 669 with EU law

Assuming that Council Directive 90/364/EEC of 28 June 1990 on the right of residence (1), which aims to place
all  EU  citizens  on  an  equal  footing,  applies  in  this  case  would  the  Commission  say  whether  Article  29  of
DL 31/12/1996 No 669 complies with EU law?

Does Article 29 place at a disadvantage citizens from other EU Member States resident in Italy, since vehicles
registered abroad before 1 January 1987 which they have brought with them and licensed in Italy are not covered
by the decree?

(1)  OJ L 180, 13.7.1990, p. 26.

Answer given by Mr Monti on behalf of the Commission

(21 October 1997)

Under Article 29 of Decree Law No 669 of 31 December 1996 on assistance for the purchase of new motor
vehicles in exchange for the scrapping of similar used goods (1), the assistance is available only if the vehicle to
be scrapped was first registered before 1 January 1987. This condition does not seem contrary to Community
law.

Furthermore,  the  provision  in  question  does  not  seem  to  require  the  used  vehicle  to  be  registered  in  Italy.
However, should the Honourable Member have any knowledge of specific cases of discrimination based on the
Member State in which a used vehicle is registered, the Commission would like to be informed so that it can
verify whether or not there has been a breach of Community law.

(1)  Gazzetta Ufficiale della Repubblica Italiana No 305 of 31 December 1996.