WRITTEN QUESTION E-1734/99 by Enrico Ferri (PPE-DE), Antonio Tajani (PPE-DE), Francesco Fiori (PPE-DE), Renato Brunetta (PPE-DE) and Stefano Zappalà (PPE-DE) to the Commission. Draft Italian law on equal access to information media during the election campaign.
Date: 1999-09-29
Institutions: European Parliament, Provisional data
Subjects: Italy, access to information, election campaign, exchange of information, freedom to provide services, government bill, television, transmission network

20.6.2000

EN

Official Journal of the European Communities

C 170 E/85

Reply

(2 December 1999)

is closely following the human rights situation in Transnistria, notably the case of the
The Council
Moldovan Parliamentarian Mr Ilie Ilascu. The EU-Troika of senior officials raised the issue of Mr Ilascu with
the Transnistrian authorities during its visit to Tiraspol on 15 October 1999.

The wider issue of Transnistria has been raised at the recent Ministerial Troika with Russia in Moscow on
7 October, but is not on the agenda agreed between the EU and Russia for the forthcoming summit.

The Council will use every other appropriate occasion to press for an early retrial of Mr Ilascu and will
keep the European Parliament duly informed.

(2000/C 170 E/097)

WRITTEN QUESTION E-1734/99

by Enrico Ferri (PPE-DE), Antonio Tajani (PPE-DE),
Francesco Fiori (PPE-DE), Renato Brunetta (PPE-DE)
and Stefano Zappal(cid:224) (PPE-DE) to the Commission

(29 September 1999)

Subject: Draft Italian law on equal access to information media during the election campaign

Does the Commission consider that, having regard to the free movement of services within the internal
market, the bill presented by the Italian Prime Minister, Mr D(cid:146)Alema, and Minister for Communications,
Mr Cardinale, and forwarded to the Senate on 23 August 1999 (Senate act No 4197) entitled (cid:145)Provisions
on equal access to the information media during the election and referendum campaign and on political
broadcasts(cid:146), containing various provisions to regulate political and electoral
information and publicity
other than radio and television broadcasts using (cid:145)network services(cid:146) (articles 1,3,4,10) falls within the scope
of Community Directive 98/0048/EC (1)? If so, does it consider that the bill complies with the requirements
of the Community rules with regard to giving adequate notice and related provisions?

Under the directive in question, each Member State of the European Union is obliged to notify the
Commission of any draft national law or regulation that seeks to regulate (cid:145)information society services(cid:146),
which includes electronic services. As the services in question are provided in return for remuneration, the
forms of publicity referred to in the national legislation in question fall within the scope of the Treaty of
Rome and hence of Directive 98/0048/EC.

(1) OJ L 217, 5.8.1998, p. 18.

Answer by Mr Bolkestein on behalf of the Commission

(11 November 1999)

As already mentioned in the answer to Mr Tajani(cid:146)s written question P-1608/99 (1),
to which the
Honourable Members are referred, the bill alluded to contains, at least according to the information
currently available, articles designed explicitly to govern political and campaign advertising in on-line
services.

Since, as is correctly pointed out in the question, the provisions of the bill concern information society
services, before they are definitively adopted at national level they must be submitted in good time to the
Commission in a formal notification under Directive 98/0048/EC of the European Parliament and of the
Council of 20 July 1998 amending Directive 98/0034/EC laying down a procedure for the provision of
information in the field of technical standards and regulations (2).

C 170 E/86

Official Journal of the European Communities

EN

20.6.2000

This Directive stipulates in particular that, at the moment of notification, the draft should be is (cid:145)at a stage
of preparation at which substantial amendments can still be made(cid:146) (Article 1(12)), so that an examination
of the text by the Commission and the other Member States can forestall any new obstacles to the free
movement of on-line services within the internal market.

Any adoption of national provisions as mentioned by the Honourable Members in violation of the
obligation to provide prior notification under Directive 98/0034/EC, as modified by Directive 98/0048/
EC, would render them inapplicable and unenforceable.

The Commission has not been notified of the bill in question under the above-mentioned Directive.

(1) OJ C 27 E, 29.1.2000, p. 146.
(2) OJ L 217, 5.8.1998.

(2000/C 170 E/098)

WRITTEN QUESTION E-1737/99

by Camilo Nogueira RomÆn (Verts/ALE) to the Commission

(1 October 1999)

Subject: Solid municipal waste management project in Galicia and Vilaboa transfer centre

For the 1997-1999 period the Sogama project (1) for the management of solid municipal waste in Galicia
was allocated ECU 155 238 273, 54,88 % of which would come from public funds (the Cohesion Fund(cid:146)s
share being 85 %) and 45,12 % from the private sector. In the description of the project, particular
emphasis is placed on minimising, re-using and recycling waste, but the project is in practice basically
geared to incineration, a procedure to which most of the funding has been allocated. The Sogama project
will lead to an increase in the amount of waste generated and does not include other public projects in
Galicia which are based on minimisation, recovery and recycling.

Furthermore, the Vilaboa transfer centre, which did not form part of the original project, will have to be
sited in a valley which is highly suited to human habitation and which has been selected by the governing
party in Galicia solely for political reasons. This will place an excessive material and environmental burden
on the Vilaboa local authorities since the transfer centre will also serve towns and cities such as Vigo and
Pontevedra.

What is the Commission intending to do to prevent the Sogama project from being implemented under
such conditions and to prevent the Vilaboa transfer centre from being set up?

(1) OJ C 244, 27.8.1999, p. 11.

Answer given by Mr Barnier on behalf of the Commission

(9 November 1999)

Financed by the Cohesion Fund and more commonly referred to as the (cid:145)Sogama Project(cid:146), Project 97/11/61/
047 forms part of the plan for managing solid urban waste in Galicia which seeks to bring about a long-
term improvement in the region(cid:146)s deficiencies in this area. In order to achieve the plan(cid:146)s specific goals, the
Regional Government has devised a programme to minimise, re-use and recycle solid waste, supplemented
by measures to enhance public awareness.

The Sogama Project thus provides for the construction of a series of complex installations, which it would
be difficult to carry through without the Community(cid:146)s financial contribution. The other measures planned
to achieve the objectives of the overall plan will be implemented by the national authorities, which are also
responsible for incorporating any project or initiative that may contribute towards completion of the plan.
However,
to the presentation by those
responsible for the project of periodical reports on overall progress.

the Commission has made any financial payment subject