WRITTEN QUESTION E-0741/00 by Jannis Sakellariou (PSE) to the Commission. Municipal enterprises and fair competition.
Date: 2000-03-13
Institutions: European Parliament, Provisional data
Subjects: EU law, application of EU law, competence of the Member States, energy recovery, environmental standard, interpretation of the law, local government, provision of services, public contract, renewable energy, social norm

13.2.2001

EN

Official Journal of the European Communities

C 46 E/35

In practice, the Commission is proposing a ban on vessels more than 15 years old which are past
offenders in terms of failing to comply with safety standards and which appear on a (cid:145)black list(cid:146) of flags.
This measure is aimed not only at oil tankers, but will apply to other types of vessel, too, including bulk
carriers.

The Commission is also proposing to ban single-hull oil tankers from Community waters, following a
timetable similar to that adopted in the United States. In view of the enhanced inspections it is proposing,
the Commission does not intend automatically to ban vessels flying a flag of convenience.

Subsequently, the Commission envisages making supplementary proposals regarding systematic exchange
of information between all the actors in the shipping community, improved surveillance of navigation, and
the creation of a European body for maritime safety. It is in this context that the Commission is planning
to put forward proposals for measures regarding the liability of the various players in the seaborne oil
trade.

(1) COM(2000) 142 final.

(2001/C 46 E/039)

WRITTEN QUESTION E-0741/00

by Jannis Sakellariou (PSE) to the Commission

(13 March 2000)

Subject: Municipal enterprises and fair competition

Experience from America and Britain shows that free markets are possible only if there are powerful
supervisory authorities.

1. What steps has the Commission taken to ensure that social conditions and environmental standards,
consumer protection, transparency of annual reports and fair conditions of competition are guaranteed for
all suppliers of local government services?

Does the Commission ensure that supervisory bodies are set up to monitor compliance with these

2.
social and environmental standards?

The electricity directive provides for preferential treatment for renewable energies and combined heat

3.
and power. What instruments are to be used to guarantee this?

Answer given by Mr Bolkestein on behalf of the Commission

(10 May 2000)

1.
The Honourable Member(cid:146)s first question concerns the measures that have been taken at Community
level to ensure that service providers participating in a public contract award procedure respect certain
obligations or standards applying to them.

With regard to social conditions and environmental standards, the Community Directives on public
contracts (particularly Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of
procedures for the award of public service contracts (1)) currently contain provisions enabling the
contracting authority in certain conditions to exclude from an award procedure any potential service
provider who has not fulfilled obligations, particularly those of a social nature.

In general, the Directives on public contracts aim to guarantee the transparency of the award procedures
and to ensure fair competition between service providers in order to prevent any kind of discrimination
between potential providers.

C 46 E/36

Official Journal of the European Communities

EN

13.2.2001

As Community law stands, it is the responsibility of the authorities of the Member States to ensure
2.
that providers of local government services comply with the environmental provisions of Community law.
The Commission itself is competent to check whether the national authorities have performed this control
function correctly. However, as guardian of the Treaties, the Commission has no power to act when the
environmental standards in question are not covered by Community directives.

3.
Article 8(3) of Directive 96/92/EC of the Parliament and of the Council of 19 December 1996
concerning common rules for the internal market in electricity (2) provides one explicit mechanism for the
favourable treatment of electricity from renewable energy sources and combined heat and power (CHP):

A Member State may require the system operator, when dispatching generating installations, to give
priority to generating installations using renewable energy sources or waste or producing combined
heat and power.

It should be noted, however, that the Directive limits itself to favourable dispatching. It does not cover
schemes providing direct or indirect support for renewable energy sources.

In principle it is up to the Member State to decide on a particular support system for renewables or CHP,
provided that it is compatible with the rules of the EC Treaty, in particular the rules on state aid as set out
in Articles 87-88 (ex Articles 92-93).

A large number of different national support schemes exist, including guaranteed purchase obligation at a
guaranteed price (often on an avoided cost basis, or on the basis of a regulatory-based calculation of the
level of support required to generate the desired level of renewable electricity production); tax exemptions,
in particular from energy and CO2 taxes, but equally from non-energy taxes; support scheme per kWh
produced; and other support schemes including support for research and development or for capital
investment.

(1) OJ L 209, 24.7.1992.
(2) OJ L 27, 30.1.1997.

(2001/C 46 E/040)

WRITTEN QUESTION E-0744/00

by Daniela Raschhofer (NI) to the Commission

(13 March 2000)

Subject: Support for South Tyrolese citizens sentenced by Italian courts in breach of the provisions of the

European Human Rights Convention

In the 1960s South Tyrolese citizens were sentenced in Italy to terms of life imprisonment, some of which
are still being served. This is particularly true today of those who were sentenced in absentia by Italian
courts to life imprisonment for alleged crimes of violence. Detailed investigations and legal proceedings in
Austria (cid:129) with the Italian side also in attendance (cid:129) established beyond doubt, however, that in each
individual case the accusation of crimes of violence was unfounded. In the light of numerous findings by
federal courts (Federal Constitutional Court, Federal Supreme Court) and by the
Germany(cid:146)s highest
Administrative Court of the Republic of Austria, these trials of South Tyrolese citizens in Italian courts
infringed the European Human Rights Convention.

I would therefore ask the Commission the following questions:

1. What measures does it plan to take to ensure that Italy quashes the sentences handed down in breach

of human rights on South Tyrolese activists in the 1960s?

2.

Is it prepared, where necessary, to refer this issue to the European Court of Justice for a ruling?