WRITTEN QUESTION E-1482/00 by Paul Rübig (PPE-DE) to the Commission. Obligation of loyalty in the European Union.
Date: 2000-05-11
Institutions: European Parliament, Provisional data
Subjects: Austria, infringement of EU law, intra-EU relations

C 53 E/152

Official Journal of the European Communities

EN

20.2.2001

(2001/C 53 E/194)

WRITTEN QUESTION E-1478/00

by Karin Riis-Jłrgensen (ELDR) to the Commission

(11 May 2000)

Subject: Registration of company cars

According to its press release of 31 March 1998, the Commission has instituted infringement proceedings
against Denmark relating interalia to the Danish policy towards the use by employees resident in Denmark
of company cars registered in another Member State.

Can the Commission state what action it has taken since publication of the press release and what action it
intends to take against Denmark since Denmark is clearly still practising a policy in breach of the Court(cid:146)s
judgment in the Ledoux case C-127/86 (see most recently the second Ryborg case which was drawn to the
Commission(cid:146)s attention in November 1999, cf. Commission file No D(99) EMPL/D/4-45329)?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(5 July 2000)

The Commission can inform the Honourable Member that, following its reasoned opinion of 18 May 1998,
the Danish authorities modified the relevant national regulations. Indeed, the Vehicle Registration Tax Act
was amended by Act No 385 of 2 May 1999. The Ministry of Transport Order on registration and
inspection of vehicles was also amended.

Although the new regulations allow for the use of company cars in Denmark by cross-border workers in
the
certain circumstances where it was not possible under the preceding regulations and practices,
Commission considers that
in
is an incompatibility with the applicable Community law,
particular Articles 39 and 49 (ex Articles 48 and 59) of the EC Treaty in conjunction with Article 10
(ex Article 5) of the EC Treaty. Thus, it still pursues the infringement proceedings against Denmark.

there still

(2001/C 53 E/195)

WRITTEN QUESTION E-1482/00

by Paul R(cid:252)big (PPE-DE) to the Commission

(11 May 2000)

Subject: Obligation of loyalty in the European Union

One consequence of the so-called (cid:145)bilateral measures(cid:146)
introduced by Austria(cid:146)s 14 EU partner states in
reaction to the accession to power of the Austrian (cid:214)VP/FP(cid:214) (Austrian People(cid:146)s Party/Freedom Party of
Austria) Federal Government has been a succession of actions discriminating against Austria and its official
representatives in the matter of EU information policy. The Austrian Ambassador in Paris, for example,
was the only representative of an EU Member State not to have been invited to an information meeting
devoted to the French Presidency(cid:146)s programme held in the French National Assembly. Such a policy can of
course only be expected to disrupt
the work of the multilateral meetings organised by EU or EC
Institutions.

How does the Commission assess this situation, having regard to the need to uphold the loyalty and
solidarity that constitute a crucial pillar of an operationally viable Union or Community and that commit
not only the Member States in their relations with the Union or Community and its Institutions, but also
the Member States in their dealings with each other, to reciprocal and loyal cooperation on a basis of
solidarity?

20.2.2001

EN

Official Journal of the European Communities

C 53 E/153

Answer given by Mr Prodi on behalf of the Commission

(4 July 2000)

As the Commission has stated already in reply to the oral question H-0297/00 by Mrs Riis-J(cid:246)rgensen
during question time at Parliament(cid:146)s April 2000 part-session (1) the bilateral measures taken by the
governments of 14 Member States with regard to the governement coalition in Austria, are not matters
relating to the EU Treaty or EC Treaty and do not affect the rights and obligations of Member States under
Community law.

A principle of loyalty and solidarity among the Member States that could be read out of Article 10
(ex-Article 5) of the EC Treaty is not violated here.

(1) Debates of the European Parliament (April 2000).

(2001/C 53 E/196)

WRITTEN QUESTION E-1488/00

by Glenys Kinnock (PSE) to the Commission

(11 May 2000)

Subject: Burma

What impact does the Commission consider that Burma(cid:146)s membership of ASEAN has had on progress
towards the development of democracy and respect for human rights in Burma?

Answer given by Mr Patten on behalf of the Commission

(5 June 2000)

The Commission believes that the human rights situation in Burma/Myanmar remains of great concern.

It would appear that Burma/Myanmar(cid:146)s membership of the Association of South-East Asian Nations
(ASEAN) has helped to focus the attention of other ASEAN member countries on the situation, and a
number of these countries have sought to encourage the State Peace and Development Council (SPDC) to
make progress on the issues of human rights and democratisation. This process has been reinforced by the
strong position taken by the Union, which has refused to accept the accession of Burma/Myanmar under
its present regime to the European Union-ASEAN cooperation agreement or its active participation in the
programmes executed under that agreement or even discussion of those programmes.

The Union attaches great importance to its relations with ASEAN and has therefore proposed to hold an
European Union-ASEAN ministerial meeting in Asia before the end of 2000. The Union has also made
clear its readiness to initiate a meaningful political dialogue with Burma/Myanmar and intends to send an
official-level Troika mission to Rangoon/Yangon with a view to the establishment of such a dialogue. In
these contacts, the Union will make further efforts to explain the concerns already spelled out in the Union
common position with regard to the lack of progress towards democratisation and the continuing
violations of human rights and to encourage Burma/Myanmar to take concrete and visible actions to
meet these concerns.

(2001/C 53 E/197)

WRITTEN QUESTION E-1492/00

by Mauro Nobilia (UEN) to the Commission

(11 May 2000)

Subject: Breda-Omeca case

From 1965 to 1992 the Breda-Omeca factory in Reggio Calabria used asbestos and materials containing
asbestos in standard insulation for railway carriages. Italian laws 257 of 1992 and 271 of 1973 confirm
that the use of asbestos as a building material is illegal and entitle those who have worked with the