WRITTEN QUESTION E-1632/00 by Richard Howitt (PSE) to the Commission. Collapse of AY Bank in the former Yugoslavia.
Date: 2000-05-29
Institutions: European Parliament, Provisional data
Subjects: EU aid, European social policy, Serbia and Montenegro, United Kingdom, bankruptcy, common foreign and security policy, competence of the Member States, international sanctions, job cuts, unemployment insurance

C 72 E/90

Official Journal of the European Communities

EN

6.3.2001

Answer given by Mr Solbes Mira on behalf of the Commission

(24 July 2000)

1.
Two explanations were given by the Greek statistical office for the delay in transmitting the 1999
Labour force survey (LFS) results. In the second quarter of 1999 the LFS data collection was for the first
time conducted by external staff. The recruitment and training of this staff took more time than expected
and the data collection started late. At the moment the data is collected using paper questionnaires and the
control between answers given in two consecutive quarters has shown to be difficult and has taken some
extra time. The LFS is regulated by the Community legislation. Deadlines should be respected but it is up
to the Member States to decide how the national surveys are conducted.

2.
This is the first time there have been this kind of problems with the Greek Statistical Office
concerning the LFS data collection. The problems are mainly due to the transition to a continuous survey.

3.

Number of unemployed and unemployment rate in Greece

Total

Males

Females

Year 1997

Year 1998

Number

Unemployment rate

Number

Unemployment rate

408,1

161,9

246,2

9,6

6,2

14,8

478,3

188,5

289,9

10,8

7,0

16,5

(2001/C 72 E/108)

WRITTEN QUESTION E-1632/00

by Richard Howitt (PSE) to the Commission

(29 May 2000)

Subject: Collapse of AY Bank in the former Yugoslavia

Is the Commission aware that my constituent, Kevin John Morley of Billericay, remains without a proper
redundancy payment after his employer, the AY Bank, went into administration following the imposition
of EU sanctions on the former Yugoslavia in 1998?

Is there any provision for financial support for European citizens innocently disadvantaged in this way?

Can the Commission suggest any additional way in which my constituent can secure proper redress for his
just demands?

Answer given by Mr Patten on behalf of the Commission

(23 June 2000)

The Commission is aware that AY Bank went into administration in accordance with the United Kingdom
Insolvency Act on 25 June 1999. Some days before the bank(cid:146)s funds were frozen in accordance with
Council Regulation (EC) No 1294/1999 of 15 June 1999 concerning a freeze of funds and a ban on
investment
in relation to the Federal Republic of Yugoslavia (FRY) and repealing Regulations (EC)
No 1295/98 and (EC) No 1607/98 (1). As an administration order is made only if the court is satisfied
that a company is or is likely to become unable to pay its debts, that order should not be attributed to the
freezing of funds.

The Commission notes that the Regulation does not address the question whether employees are entitled
to payment of redundancy payments by employers, and that this matter is to be decided in accordance
with United Kingdom domestic law, including the Insolvency Act.

6.3.2001

EN

Official Journal of the European Communities

C 72 E/91

Assuming entitlement to redundancy payments exists, the Commission notes that the Regulation exempts
payments of normal salaries, including compulsory redundancy payments, from the freezing of funds. If
the employee were entitled to payment of non-compulsory redundancy payments, the Commission would
be empowered to grant an authorisation to use the frozen funds to pay them on proof that not granting
an authorisation would cause damage to the interests of the Community.

(1) OJ L 153, 19.6.1999.

(2001/C 72 E/109)

WRITTEN QUESTION E-1634/00

by Theresa Villiers (PPE-DE) to the Commission

(29 May 2000)

Subject: Duty on the transport of fuel across borders

Could the Commission please confirm that import duties are paid on the transport of fuel across

1.
borders?

If so, could the Commission explain why iport duties are imposed on the transport of fuel across

2.
borders whereas they are not imposed in relation to the transport of alcohol across borders?

Does the Commission agree that this arrangement contradicts the fundamental principle of free trade

3.
and the single market?

4.

Does the Commission have any plans to extend single market principles to the fuel trade?

Answer given by Mr Bolkestein on behalf of the Commission

(14 July 2000)

1. and 2.
In the situation described by the Honourable Member, the import duty in question is actually
the excise duty payable on the release for home use of a product subject to excise duty in a Member State.

The taxation of intra-Community movements by Union citizens of products subject to excise duties is dealt
with in Article 8 of Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for
products subject to excise duty and on the holding, movement and monitoring of such products (1).
According to that Article, where private individuals acquire and transport products for their own use, the
principle governing the internal market requires that excise duty be charged in the Member State in which
the products are acquired.

However, Article 9(3) of the same Directive allows the Member States to provide for excise duty to be
chargeable in the Member State of consumption on the acquisition of mineral oils already released for
consumption in another Member State if such products are transported using atypical modes of transport
by private individuals or on their behalf. (cid:145)Atypical transport(cid:146) in this instance means the transport of fuels
other than in the tanks of vehicles or in appropriate reserve fuel canisters and the transport of liquid
heating products other than by means of tankers used on behalf of professional traders.

The scope for different tax treatment of acquisitions of mineral oils is in particular due to the hazards of
transporting mineral oils. Since the need to comply with particularly strict safety measures entails the use
of special vehicles, the condition of transport by the private individual, which is a precondition for the
exemption provided for in Article 8, is no longer fulfilled.