WRITTEN QUESTION E-2459/00 by Charles Tannock (PPE-DE) to the Commission. Seizure of passports of suspected football hooligans by the German authorities.
Date: 2000-07-24
Institutions: European Parliament, Provisional data
Subjects: Germany, competence of the Member States, hooliganism, infringement of EU law, residence permit, sporting event

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.

C 89 E/198

Official Journal of the European Communities

EN

20.3.2001

Limitations, on grounds of public policy and public security requirements, to rights guaranteed by the
EC Treaty should not be in excess of what is necessary to safeguard these requirements (2).

It is primarily for the national authorities to appraise the specific situation and subsequently to take the
appropriate measures in compliance with Community law. On the basis of the information available to it
and given the circumstances, the Commission feels that the measures referred to by the Honourable
Member, appear to be proportionate to the end sought, are based on the hooligan(cid:146)s personal conduct, and
are detailed and limited in time.

(1) Council Directive 64/221/EEC of 25 February 1964 on the coordination of special measures concerning the
movement and residence of foreign nationals which are justified on grounds of public policy, public security or
public health (OJ 56, 4.4.1964).

(2) See Case 36/75 Rutili v. Minister for the Interior ECR [1975] II-1219.

(2001/C 89 E/223)

WRITTEN QUESTION E-2471/00

by Antonio Tajani (PPE-DE), Mario Mantovani (PPE-DE), Raffaele Lombardo (PPE-DE), Stefano
Zappal(cid:224) (PPE-DE), Guido Viceconte (PPE-DE) and Francesco Fiori (PPE-DE) to the Commission

(24 July 2000)

Subject: Lack of adequate facilities for the disabled at the Feyenoord Stadium in Rotterdam

During the Euro 2000 final at the Feyenoord Stadium in Rotterdam:

(cid:129) a number of disabled persons were unable to enter the stadium in their wheelchairs, and, after being
searched, had to be carried to their seats, while their wheelchairs were removed to a different area,

(cid:129) a number of journalists who were filming the event were quickly stopped by police, held in cells and
not released until late in the evening, following some very tense moments which degenerated into a
brawl between journalists and policemen.

What stance will the Commission be taking on this issue?

(2001/C 89 E/224)

WRITTEN QUESTION E-2526/00

by Armando Cossutta (GUE/NGL) to the Commission

Subject: Discrimination against disabled people in Rotterdam

(2 August 2000)

At the final of the European football championships in Rotterdam, the Netherlands, on 2 July 2000, an
Italian group of disabled people, holders of valid tickets, were the victims of shameful treatment on the
part of the stadium staff and the Dutch police.

A few days earlier the group had obtained authorisation from those responsible for the stadium to occupy
seats in a section easily accessible for wheelchairs, but most of them were refused the seats when they
arrived at the stadium. Only after lengthy discussions were those accompanying them (cid:145)allowed(cid:146) to carry
them to another section, which was higher up and inaccessible to wheelchairs. The disabled people were
also forced to leave their wheelchairs at the entrance, together with their supplies of water and other
essentials.

1.
Does the Commission not consider that such incidents are contrary to the provisions of the Treaties,
in particular Article 13 of the EC Treaty, which stresses the European Union(cid:146)s opposition to any form of
discrimination, not least against the disabled?