WRITTEN QUESTION P-1665/00 by Mario Mauro (PPE-DE) to the Commission. Violation of the rights of the child.
Date: 2000-05-18
Institutions: European Parliament, Provisional data
Subjects: European Commission, Italy, Latium, Rwanda, application of EU law, child, children's rights, powers of the institutions (EU), removal

20.2.2001

EN

Official Journal of the European Communities

C 53 E/173

From the point of view of consumers in Finland, the EU(cid:146)s internal market is not working where the
purchase of second-hand cars is concerned. Further evidence of this lies in the fact that fewer than 1 000
second-hand cars have been imported into Finland from other Member States per annum, while for
example in 1998 some 50 000 were imported into Sweden from Germany alone. What will
the
Commission do to alter Finland(cid:146)s taxation of motor vehicles, which on the above three grounds violates
Article 95 (Article 90) of the Treaty establishing the EC and the EC Directive on VAT? What urgent
measures will the Commission take to protect the rights of consumers in Finland?

Answer given by Mr Bolkestein on behalf of the Commission

(30 June 2000)

The Finnish government has followed up the 1998 letter of formal notice by making a number of
amendments to national law. In particular, it has increased the rate of depreciation used to calculate the
assessment basis for the motor-vehicle tax from 6 % a year to 7,2 % a year for second-hand cars. For
vehicles over eight years(cid:146) old the rate is now 10,8 %, breaking with the linear system previously applied
throughout a vehicle(cid:146)s life. It has also abolished the previous 75 % ceiling on depreciation, now recognising
rates of depreciation in excess of that ceiling. The Finnish authorities have also abolished the limits on
tax incentives for clean vehicles (cid:129) previously confined to new cars (cid:129) and extended them to second-hand
cars satisfying the same criteria. Lastly, it has abolished the requirement that vehicles have at least 10 000
kilometres on the clock before they can be considered to be second-hand.

In view of these amendments and the improvements they represent for car-owning taxpayers, and taking
account of the lack of clear rules on motor-vehicle taxation, which has still to be harmonised at
Community level, the Commission considers the new legislation an acceptable response to the objections
raised. It is, however, reserving its final conclusions until the Court of Justice has ruled on similar issues in
Case C-393/98, Gomes Valente, in which a judgment is expected shortly. It will also be taking account of
the information provided by the Honourable Member.

As for those parts of the Honourable Member(cid:146)s question not covered by the above-mentioned infringement
procedure, namely those concerning the assessment basis applied to motor-vehicles made in Finland and
those originating in other Member States, the rules governing the levying of VAT on vehicles and the
statistics on vehicle imports into Finland, the Commission will look into these issues, drawing on all the
information at its disposal and contacting the Finnish authorities wherever necessary, with a view to
ensuring compliance with Community law.

(2001/C 53 E/225)

WRITTEN QUESTION P-1665/00

by Mario Mauro (PPE-DE) to the Commission

(18 May 2000)

Subject: Violation of the rights of the child

The Italian Prime Minister(cid:146)s Office (cid:129) Social Affairs Department (cid:129) Committee for Minors, ruled on 3 May
2000 that Izabayo Fidencie, a Rwandan girl without identity papers living in Italy, should be expatriated to
Switzerland to her would-be father, Nshimiyimana Juvenal, despite the existence of documents proving
beyond a shadow of doubt that he is acting in bad faith.

The appeal brought in the Administrative Court of the Lazio region against the decision taken by the
Social Affairs Department of the Prime Minister(cid:146)s Office in this tragic case, without a detailed examination
of the available evidence provided by the Rwandan Government and proving that the statements made by
Nshimiyimana Juvenal were untrue, reveals the superficial nature of the administrative provisions in force.

C 53 E/174

Official Journal of the European Communities

EN

20.2.2001

The European Union has always declared that it is committed to respect for human rights and fundamental
freedoms, confirming its own obligations in respect of fundamental social rights and of the Convention for
the Protection of Human Rights and Fundamental Freedoms.

Moreover, in Article 3 of the UN Convention on the Rights of the Child, the United Nations Organisation
states that (cid:145)in all actions concerning children, whether undertaken by public or private social welfare
institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child
shall be a primary consideration(cid:146). The Convention also says that the child has a right to a family but not
that anyone has a right to a child.

1. What measures does the European Commission intend to take to ensure that Italy actually verifies
the paternity and maternity of Izabayo Fidencie and awards custody to her legitimate or natural parents?

2. What does the Commission intend to do to ensure that Italy suspends the transfer of Izabayo
Fidencie to Switzerland, in the light of the new documents produced and pending the decision by the
Lazio Administrative Court?

Answer given by Mr Vitorino on behalf of the Commission

(30 June 2000)

The Convention for the Protection of Human Rights and Fundamental Freedoms and the United Nations
Convention on the Rights of the Child are not part of Community law.

Accordingly, since the Commission has no powers in the matter, it cannot take action.

(2001/C 53 E/226)

WRITTEN QUESTION E-1667/00

by Rosemarie M(cid:252)ller (PSE) to the Commission

Subject: Transparency of youth exchange programmes

(29 May 2000)

There are two levels at which transparency may be achieved. Firstly, by publicising and describing
procedures. But another aspect of transparency is concern to structure the procedures themselves so that
they are easy to understand.

With this in mind, does the Commission see any possibility of making its various exchange programmes
for school students and young people more user-friendly, by making the various application procedures
simpler, stricter and thus also more transparent?

In addition, can the Commission see any way to change the application periods, some of which are
exceptionally long?

Answer given by Mrs Reding on behalf of the Commission

(13 July 2000)

The Commission shares the view that transparency must be achieved not only through the use of open
procedures (cid:129) as is already the case (cid:129) but also through a simplification of these procedures.

Greater transparency, and thus easier access, have an important role to play in the implementation of the
Youth programme in particular. It should above all be remembered that the Youth programme combines
the activities of two Community action programmes (Youth for Europe III, European voluntary service
into a single entity. This has enabled the following aims to be achieved:
scheme for young people)
reduction of the number of programme objectives from ten to three; reduction of the number of actions
under the programme from eight to five; further decentralisation in the running of the programme by
national agencies (around 80 % of the programme budget). This allows applicants to be given advice
directly in the language of their respective country, and makes access to the programme considerably
easier.