WRITTEN QUESTION P-2606/99 by John Cushnahan (PPE-DE) to the Commission. Early retirement pension scheme.
Date: 1999-12-22
Institutions: European Parliament, Provisional data
Subjects: EAGGF, EU aid, early retirement, farmer, rural development

8.8.2000

EN

Official Journal of the European Communities

C 225 E/183

units concerned, so that it penalises people living alone and businesses which produce little waste but are
placed on wide surface areas. In accordance with the original version of the Decree No 22 of 5 February
1997, new criteria, better approaching the proportion of the tax amount to the quantity of waste
produced, should have been adopted as from 1 January 1999.

The circumstance to which the Honourable Member makes reference could be relevant to Article 15 of
Directive 75/442/EEC, as modified by Directive 91/156/EEC (hereinafter the Directive). This Article states
that, in accordance with the (cid:145)polluter pays(cid:146) principle, the cost of disposing of waste must be borne by: the
holder who has waste handled by a waste collector or by an undertaking as referred to in Article 9, and/or
the previous holders or the producer of the product from which the waste came. The Commission
considers that, under the present Italian legislation, the cost of disposing of waste is borne by the holders
who have waste handled by a waste collector. This is in line with Article 15 of the Directive.

In addition, the Commission recognizes that the above mentioned criterion may result in disproportion
among the polluters as regards the amount to be paid in comparison with the quantity of waste produced.
In particular, the Commission recognizes that the way Italy makes citizens pay for their waste is not an
incentive to bring about waste prevention and therefore it is not in line with the 1996 review of the
Community strategy for waste management (3). Making citizens pay for waste according to the quantities of
waste produced is an effective way to contribute to waste minimization. However, on the basis of the
elements given by the Honourable Member, it is not evident that any disproportion resulting from the
current Italian approach is of a gravity that would infringe Article 15 of the Directive.

Infringement proceedings currently open against Italy for non conformity with the Directives mentioned
by the Honourable Member concern the obligation to report under Article 8.3 of Directive 91/689/EEC
and Article 12 of Directive 75/442/EEC, as amended by Directive 91/156/EEC, the obligation to draw up
waste management plans (under Directives 75/442/EEC on waste, as amended by 91/156/EEC, 91/689/
EEC on hazardous waste, and 94/62/EC on packaging), the application of the waste regulation system to
food waste at regional level (under Directives 75/442/EEC on waste, as amended by 91/156/EEC), and the
requirements for the exemption from the permit for undertakings which carry out hazardous waste
recovery (under Directive 91/689/EEC on hazardous waste).

(1) OJ L 194, 25.7.1975.
(2) OJ L 377, 31.12.1991.
(3) COM(96) 399 final.

(2000/C 225 E/203)

WRITTEN QUESTION P-2606/99

by John Cushnahan (PPE-DE) to the Commission

(22 December 1999)

Subject: Early retirement pension scheme

Can the Commission confirm if there is going to be an increase in payment in the new early retirement
pension scheme next year? If so, will those already receiving this pension through the old scheme, qualify
for this increase?

Answer given by Mr Fischler on behalf of the Commission

(18 January 2000)

The new Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from
the European agricultural guidance and guarantee fund (1) allows an increase of the maximum amounts
eligible for Community support under the measure of early retirement which may be integrated in the
framework of the rural development plans proposed by the Member States for the period 2000-2006. The
increased aid amounts for early retirement would also only apply to new applicants to the scheme.
Nevertheless, given that commitments under the existing scheme Council Regulation (EEC) No 2079/92 of
30 June 1992 instituting a Community aid scheme for early retirement from farming (2), should be
integrated into the new rural development programming, it is not entirely excluded that the aid amounts

C 225 E/184

Official Journal of the European Communities

EN

8.8.2000

for existing beneficiaries be raised to any increased amounts for new beneficiaries. However, such raise
must be duly justified by the circumstances of the Member State concerned. The increase of maximum
amounts eligible for Community support in the new Council Regulation does not as such justify an
increase in payments under existing commitments.

(1) OJ L 160, 26.6.1999.
(2) OJ L 215, 30.7.1992.

(2000/C 225 E/204)

WRITTEN QUESTION P-2607/99

by Carlo Fatuzzo (PPE-DE) to the Commission

(22 December 1999)

Subject: Telecom Italia S.p.A(cid:146)s Audiotel services

Telecom S.p.A has the monopoly in Italy on Audiotel services which provide subscribers with useful
services such as advice by telephone, information on various subjects and counselling.

Does the Commission intend to allow Telecom to abuse its monopoly by paying the bills of the companies
providing these services if and when it pleases, even postponing indefinitely the payment of large sums of
money on the ground of general irregularities?

One wanders who will benefit in cases like this where the service companies adversely affected do not even
have the opportunity to vindicate themselves and are likely to go bankrupt, thus leading to the loss of jobs.

Does the Commission intend to look into the fact that, by letter of 21 October 1999 (Reference
No 0028084-01), Telecom Italia S.p.A. of Via Dalmazzo 15, Turin stopped the payment of the sum
owed since 1 August 1999 to the undertaking Publiline S.r.l. of Via Antiche Fornaci 66, Cremona, Italy?

Answer given by Mr Monti on behalf of the Commission

(20 January 2000)

Audiotel services (audiotex) were deregulated in Italy by General Decree on Authorisations No 420/95.
However, the provision of restricted access services must be subject to special conditions. The Commission
has stepped in on several occasions to urge the Italian authorities to make such conditions public
promptly, in order to enable audiotel companies to provide their services, and it is continuing to monitor
the situation.

However, a number of companies are currently providing audiotel services via the Telecom Italia network
(numbers starting with 166 and 144). Telecom Italia bills the customers and pays part of the amount
charged to the service provider. Publiline is one such service provider.

According to the Commission(cid:146)s information, Telecom Italia did indeed suspend payment to Publiline of
sums charged to its subscribers in accordance with one of the conditions laid down in the contract
between the two companies. It seems that the telecommunications company brought this case before the
Italian courts.

In principle, the Commission does not intervene in cases pending before national courts. However,
national courts can consult the Commission on points of law relating to the application of competition
rules
the Commission notice of
13 February 1993 on cooperation between national courts and the Commission in applying competition
rules (1).

in cases brought before them, as

stated in paragraph 38 of

(1) OJ C 39, 13.2.1993.