WRITTEN QUESTION P-2451/00 by Roberto Bigliardo (TDI) to the Commission. Heat converter to be installed in the municipality of Acerra (Naples).
Date: 2000-07-11
Institutions: European Parliament, Provisional data
Subjects: Campania, EU competence, conflict of powers, environmental protection, health control, location of industry, municipality, power plant, region-EU relationship, regional government

C 89 E/196

Official Journal of the European Communities

EN

20.3.2001

This proposal is at present being discussed by Council and Parliament.

Clearly, Article 152 (ex Article 129) of the EC Treaty does not give any mandate to the Community to
bring forward legislation concerning the organisation and delivery of health services and medical care, and
explicitly excludes measures aimed at the harmonisation of the laws and regulations of the Member States
(with the exception of measures in the field of veterinary and phytosanitary legislation, and measures in
relation to the quality and safety of organs and substances of human origin, blood and blood derivatives).

(1) COM(2000) 285 final of 16.5.2000.

(2001/C 89 E/220)

WRITTEN QUESTION P-2450/00

by William Newton Dunn (PPE-DE) to the Commission

(11 July 2000)

Subject: Aid to UK pig producers

What is the latest situation concerning the British government(cid:146)s request for approval for special aid to
British pig producers whose situation is disastrous due to the BSE/beef crisis?

Answer given by Mr Fischler on behalf of the Commission

(7 September 2000)

The Honourable Member most likely refers to a state aid notification submitted to the Commission by
letter of 30 March 2000 with the title: Pig Industry Restructuring Scheme 2000. It should be stressed
however, that neither in the rationale of the notification, nor elsewhere in the text of it, is any reference
made to the bovine spongiform encephalopathy (BSE) beef crisis.

The Commission confirms that bilateral discussions and exchange of correspondence with the British
authorities have taken place, but that certain details of the aid scheme are still under assessment. Therefore
the Commission is not in a position to comment on the possible outcome of this assessment.

The assessment for the compliance of the notified state aid scheme with Articles 87-89 (ex Articles 92-94)
of the EC Treaty is carried out under the procedures of Council Regulation (EC) No 659/1999 of 22 March
1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (1).
In application of Article 20(3) of that Regulation the Honourable Member will be informed of the
Commission decision on this dossier.

(1) OJ L 83, 27.3.1999.

(2001/C 89 E/221)

WRITTEN QUESTION P-2451/00

by Roberto Bigliardo (TDI) to the Commission

(11 July 2000)

Subject: Heat converter to be installed in the municipality of Acerra (Naples)

Is the Commission aware of the serious nature of the steps taken by the President of the Campania
Regional Government in Decree No 161 of 26 June 2000, published in the Official Bulletin of the
Campania Region, concerning the installation of a heat converter in the ASI area of the municipality of
Acerra, work on which is scheduled to start on 7 June 2000, although the town council in a number of
unanimous decisions had expressed its opposition to the installation of a plant of this kind?

20.3.2001

EN

Official Journal of the European Communities

C 89 E/197

In particular, the Acerra area is already the location of industries with a worrying environmental impact,
such as Montefibre, and the population is seriously concerned at the fact that the surrounding area,
between Cassalnuovo and Caivano, contains industrial incinerators and installations of dubious environ-
mental quality. The whole area, according to studies carried out, is a high-risk area for cancer.

Can the Commission therefore approach the Campania Regional Council, above all in order to avoid a
conflict of powers with the municipality of Acerra, which has every right to oppose decisions taken over
its head and without sufficient reason, and prevail upon it to convene the appropriate meeting not least
and in particular in order to prevent any public order problems which might arise as a result of the
growing discontent among the population?

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(7 September 2000)

The Commission is responsible for ensuring that Community law is properly applied within all Member
States. On the basis of Article 211 (ex Article 155) of the EC Treaty,
(cid:145)in order to ensure the proper
functioning and development of the common market, the Commission shall ensure that the provisions of
this Treaty and the measures taken by the institutions pursuant thereto are applied(cid:146). On the basis of
Article 226 (ex Article 169) of the EC Treaty (cid:145)if the Commission considers that a Member State has failed
to fulfil an obligation under this Treaty, it shall deliver a reasoned opinion on the matter after giving the
State concerned the opportunity to submit its observations. If the State concerned does not comply with
the opinion within the period laid down by the Commission, the latter may bring the matter before the
Court of Justice.(cid:146)

Internal conflicts of powers between different bodies of the Italian administration are not relevant at
Community level. It is only relevant that Community law be correctly applied.

In the specific case, Community directives on environmental impact assessment (Directive 85/337/EEC of
27 June 1985 on the assessment of the effects of certain public and private projects on the environment (1)
and Directive 97/11/EC of 3 March 1985 (2), amending Directive 85/337/EEC) would constitute the
relevant Community law. The Commission would assess the situation on this legal basis.

However, on the basis of the information given by the Honourable Member and due to a lack of grounds
of complaint on the application of Community law, no breach of the above directives can be identified at
present.

(1) OJ L 175, 5.7.1985.
(2) OJ L 73, 14.3.1997.

(2001/C 89 E/222)

WRITTEN QUESTION E-2459/00

by Charles Tannock (PPE-DE) to the Commission

(24 July 2000)

Subject: Seizure of passports of suspected football hooligans by the German authorities

Does the Commission believe that the seizing of the passports of approximately five hundred suspected
football hooligans by the German authorities immediately prior to the Euro 2000 football tournament was
compatible with the European Treaties?

Answer given by Mr Vitorino on behalf of the Commission

(22 September 2000)

Public policy measures taken by the Member States must be appraised in the light of Directive 64/221/
EEC (1) and the case law of the Court of Justice, which guarantee the rights of persons subject to measures
restricting their freedom of movement or their right of residence.