WRITTEN QUESTION E-1651/99 by Nelly Maes (Verts/ALE) to the Commission. Discrimination in connection with pigeon racing in the border regions of Belgium and the Netherlands.
Date: 1999-09-22
Institutions: European Parliament, Provisional data
Subjects: Belgium, Netherlands, competition, frontier region, poultry farming, sporting event, sports body

20.6.2000

EN

Official Journal of the European Communities

C 170 E/63

private investor operating under normal market economy conditions (1) would require. The Commission
has written to the Italian authorities requesting information so that it can examine ENEL(cid:146)s investment and
determine whether it comprises a state aid component.

(1) Commission communication to the Member States (cid:129) Application of Articles 92 and 93 of the EEC Treaty and of
Article 5 of Commission Directive 80/0723/CEE to public undertakings in the manufacturing sector: OJ C 307,
13.11.1993.

(2000/C 170 E/071)

WRITTEN QUESTION E-1651/99

by Nelly Maes (Verts/ALE) to the Commission

(22 September 1999)

Subject: Discrimination in connection with pigeon racing in the border regions of Belgium and the

Netherlands

For the past fifty years Belgian pigeon-fanciers have been unable to take part in pigeon races across the
border. Pigeon-keepers from the Netherlands are not allowed to participate in races in Belgium, and vice-
versa. People living in border regions in the Netherlands who wish to race homing pigeons in Belgium,
and their counterparts in Belgium, are very unhappy with this situation.

The question arises of whether the rules concerned contravene Article 59 of the Treaty. As pigeon racing
is not recognised as a sport by the International Olympic Committee, the rules would not be regarded as
entailing discrimination against sportsmen and (cid:141)women.

For those who take part in the popular sport of pigeon racing, such a situation is fundamentally
unacceptable. There is also an economic aspect to the holding of pigeon races. A registration fee has to
be paid in connection with racing homing pigeons. In my view, therefore, objections to the rules in
question are justified, as the ban on participation by Dutch people in races held in Belgium is
discriminatory within the meaning of Article 59.

The ban is, after all, not imposed on grounds of public order, public safety or public health. Article 59
does not apply only to rules laid down by governments, but to all rules governing the provision of
services.

Does the Commission take the view that such a ban therefore contravenes Article 59 and should be lifted?

I consider discrimination of
anachronistic at a time when European integration is being stepped up.

this kind affecting a popular sport

in border regions as completely

Answer given by Mr Bolkestein on behalf of the Commission

(4 November 1999)

According to the information available to the Commission, pigeon races are organised by the relevant
associations, and the criterion for membership of a pigeon-fancier association in an area of Belgium or the
Netherlands is the place of residence.

If there were an economic aspect to this sport, it could come under the provisions of Article 49 of the
EC Treaty (formerly Article 59).

However, the restriction of access to competitions on the basis of residence does not appear to be
incompatible with Article 49 of the EC Treaty.

In fact, it has been brought to the attention of the Commission that the residence criterion for membership
of a pigeon-fancier association is intended to take into account the distances to be covered. For the same
reason, it appears that even within one of these two Member States pigeon fanciers may join only the
association covering their geographical area.

C 170 E/64

Official Journal of the European Communities

EN

20.6.2000

In accordance with the established case-law of the Court of Justice (1), the principles of the EC Treaty do
not preclude rules established on non-economic grounds which relate to the specific nature of the sporting
activity in question.

The organisation of pigeon races with relation to the specific nature of the activity does not therefore
appear to be incompatible with the provisions of Article 49 of the EC Treaty.

(1) Cf. the Bosman judgment of 15 December 1995 (C-415/93).

(2000/C 170 E/072)

WRITTEN QUESTION E-1652/99

by Mihail Papayannakis (GUE/NGL) to the Commission

Subject: Pollution of the waters in regional canal (cid:145)66(cid:146)

(22 September 1999)

Regional canal (cid:145)66(cid:146) crosses the prefectures of Imathia and Pella, taking in the waters of small local rivers
before flowing into the Aliakmon and downstream into the Thermaic Gulf. Industrial waste is unlawfully
discharged into canal (cid:145)66(cid:146) throughout the region. Samples and measurements taken at various points along
the canal show that it is impossible for any form of life to exist in it, particularly during the summer
months.

Having regard to:

(cid:129) the fact that some industrial plants in the region are operating without biological waste treatment
facilities, while others have such facilities but do not use or underuse them, thereby disposing of
industrial waste in breach of Community legislation,

(cid:129) the petitions submitted by the mayors of Irinoupoli (cid:129) Ap. Pavlos and Anthemia and the complaints
and strong protests over the last ten years from the inhabitants of the villages in the vicinity of the
canal and from local environment organisations,

(cid:129) the damage to the environment and public health (poisoning, stench, dead fish washed up through

lack of oxygen),

(cid:129) the infringement of Community directives concerning waste, protection of ground water, the quality

of drinking water and prevention of marine pollution.

Will the Commission say:

1. whether it will ask the Greek authorities to guarantee a permanent halt to sewage pollution of

canal (cid:145)66(cid:146),

2. whether, if requested, it will finance a management plan in the area concerned in order to restore the

severely disrupted ecological balance along the entire length of the canal bed, and

3. what measures it will take, should it identify breaches of Community environment legislation, to

enforce correct implementation of its provisions?

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(27 October 1999)

The Commission had not been informed of the pollution of the water in regional canal (cid:145)66(cid:146) and would like
to thank the honourable Member for the information received. The Commission will ask the Greek
authorities for information on the operation of the existing treatment works, on the collection system for