WRITTEN QUESTION No. 3536/98 by Richard CORBETT Commission assessment of appropriate legal base for its proposals
Date: 1998-11-25
Institutions: CORBETT, European Parliament
Subjects: European Commission, drafting of EU law, legal basis, operation of the Institutions, opposition, proposal (EU)

C 289/56

Official Journal of the European Communities

EN

11.10.1999

(1999/C 289/074)

WRITTEN QUESTION E-3522/98

by Amedeo Amadeo (NI) to the Commission

(25 November 1998)

Subject: Denied-boarding compensation system

With reference to the proposal for a Council Regulation (EC) 295/91 establishing common rules for a denied-
boarding compensation system in scheduled air transport (COM(98) 0041 final ’ 98/022 SYN) (1), can the
Commission submit every three years a report on the implementation of the regulation based on reports
drawn up by the Member States, ensuring in addition that a comprehensive assessment of the costs and
benefits of the regulation is carried out by consulting interested parties before the regulation is reviewed and at
the same time making a comparative analysis of the applicable rules governing compensation for all types of
denied boarding in the United States and the European Union?

(1) OJ C 120, 18.4.1998, p. 18.

Answer given by Mr Kinnock on behalf of the Commission

(29 January 1999)

The Commission agrees that statistical reports on cases of denied-boarding compensation are important in
order to have reliable information on the problems experienced by passengers.

In its amended proposal for a Council regulation amending Council Regulation (EEC) 295/91 providing for
common rules for a denied-boarding compensation system in air transport (1), the Commission therefore
agreed to the suggestions previously made by the Parliament on this point.

The Commission also agrees that cost/benefit assessments, as well consultations with interested parties and
comparison with similar legislation in other countries are important for the evaluation of the need for any
amending legislation in the future. The Commission will collect such information whenever appropriate.

(1) OJ C 351, 18.11.1998.

(1999/C 289/075)

WRITTEN QUESTION E-3536/98

by Richard Corbett (PSE) to the Commission

(25 November 1998)

Subject: Commission assessment of appropriate legal base for its proposals

Since the entry into force of the Single European Act, on how many occasions has the Commission’s legal
service disagreed with the legal base proposed by the directorate-general responsible for a proposal?

How are such differences of views solved within the Commission? On how many occasions has the College of
Commissioners had to deliberate and adjudicate on a divergence of opinion as to the appropriate legal base?
Has the pattern changed over time?

Answer given by Mr Santer on behalf of the Commission

(14 January 1999)

The Commission is not in a position to supply the information requested by the Honourable Member.

To do so would be detrimental to the public interest and, more particularly, as the President of the Court of
First Instance stressed in his Order of 3 March 1998 (1), to the stability of the Community legal order and the
proper functioning of the institutions, since the disclosure of the Legal Service’s opinions, which form part of