WRITTEN QUESTION E-2430/00 by Gorka Knörr Borràs (Verts/ALE) to the Council. Peoples.
Date: 2000-07-24
Institutions: European Parliament, Provisional data
Subjects: Council of the European Union, European treaties, Spain, interpretation of the law, nationality, powers of the institutions (EU)

3.4.2001

EN

Official Journal of the European Communities

C 103 E/155

Disciplinary provisions have not yet been discussed in the Council(cid:146)s subordinate bodies. In the event
6.
of deployment in a multinational force, each person is usually subject to national disciplinary provisions,
as is, moreover, personnel under the responsibility of the national command structure of each State,
represented by the highest-ranking officer of that State.

(2001/C 103 E/172)

WRITTEN QUESTION E-2428/00

by Jeffrey Titford (EDD) to the Commission

(18 July 2000)

Subject: Removing the national veto on tax and other matters

With reference to the European Union(cid:146)s draft paper on institutional reform, is it correct that it calls for the
abolition of the national veto on 39 separate areas of policy to (cid:145)forestall possible blockages(cid:146) in an enlarged
European Union?

What are these 39 areas of policy?

The document apparently contains a list of tax matters which are (cid:145)closely linked to the internal market(cid:146) and
those which are (cid:145)not closely linked to the internal market(cid:146).

Can the Commission provide a full list of those tax matters said to be (cid:145)closely linked to the internal
market(cid:146), and those that are said not to be?

Answer given by Mr Barnier on behalf of the Commission

(7 September 2000)

The Honourable Member is referring to the Presidency(cid:146)s report to the Feira European Council on the
Intergovernmental Conference on Institutional Reform(Confer 4750/00 (1)). Annex 3.1 to the report
contains a list of 39 provisions which should be examined with a view to a changeover to qualified
majority voting. Annex 3.2 contains a draft by the Presidency for the reformulation of Article 93 (former
Article 99) of the EC Treaty which would retain the principle of unanimous voting with regard to taxation.
It also gives a brief list of specific measures linked to the internal market in respect of which voting by
qualified majority could be envisaged. The report by the Presidency (Part I, Chapter 3, paras.6 to 8)
indicates what stage the negotiations have reached.

(1) http://db.consilium.eu.int/cigdocs/EN/04750f.pdf.

(2001/C 103 E/173)

WRITTEN QUESTION E-2430/00

by Gorka Kn(cid:246)rr Borr(cid:224)s (Verts/ALE) to the Council

(24 July 2000)

Subject: Peoples

What is the Council(cid:146)s interpretation of (cid:145)peoples(cid:146), within the meaning of Articles 151, 189 and 190 of the
EC Treaty? In the case of the Spanish State, does it correspond to that which the Spanish Constitution
recognises as (cid:145)nationalities(cid:146)?

C 103 E/156

Official Journal of the European Communities

EN

3.4.2001

Reply

(7 November 2000)

The interpretation of the provisions of the EC Treaty is not within the Council(cid:146)s competence.

The Council recalls the principle established by the Court of
Justice whereby the interpretation of
Community law cannot depend on national law. The terms of any provision of Community law that
makes no express reference to the law of the Member States to determine its meaning and scope must
normally be given an autonomous interpretation, which should be sought by taking account of the context
of the provision and of the objective aimed at by the regulations in question. If there is no express
reference to the law of the Member States, Community law may, if applicable, entail reference to the law
of the Member States only when the Community judge is unable to detect in Community law or the
general principles thereof a basis enabling him to clarify the content and scope of a Community provision
through autonomous interpretation (CFI, judgment of 18 December 1992, Diaz Garcia/Parliament, case
T-43/90, ECR p. II-2619).

(2001/C 103 E/174)

WRITTEN QUESTION E-2436/00

by Mario Mantovani (PPE-DE), Antonio Tajani (PPE-DE)
and Stefano Zappal(cid:224) (PPE-DE) to the Council

(24 July 2000)

Subject: The Echelon spy system

According to recent reports in the Italian press, the Echelon spy system, set up by the National Security
Agency (NSA) in collaboration with GCHQ in the United Kingdom, CSE in Canada, DSD in Australia and
GCSB in New Zealand, has been used to intercept phone calls, faxes and e-mails in all parts of the world.

According to statements obtained by the Italian weekly Panorama made by former Lieutenant Wayne
Madsen, a former US naval officer responsible for communication surveillance at the White House during
Ronald Reagan(cid:146)s presidency, there are two NSA bases in Italy, one at San Vito dei Normanni and one at
Gera Lario to the north of Lake Como, both of which are still partly in operation.

According to former Lieutenant Madsen, the station at Gera Lario, which began operation in 1976 and
today belongs to Telespazio, a private company belonging to the Telecom Italia group and providing
satellite services to the European Space Agency and the Italian Space Agency, is a listening post shrouded
in mystery.

Telespazio has recently announced an agreement under which ships in the Italian Navy can communicate
with each other and with the control centre using their own instruments.

What steps will the Council take to ascertain whether these reports are true and, if there is any truth in
them, what will it do to put an end to these activities?

(2001/C 103 E/175)

WRITTEN QUESTION E-2469/00

by Mario Mantovani (PPE-DE), Antonio Tajani (PPE-DE)
and Stefano Zappal(cid:224) (PPE-DE) to the Council

(24 July 2000)

Subject: The Echelon spy system

According to recent reports in the Italian press, the Echelon spy system, set up by the National Security
Agency (NSA) in collaboration with GCHQ in the United Kingdom, CSE in Canada, DSD in Australia and
GCSB in New Zealand, has been used to intercept phone calls, faxes and e-mails in all parts of the world.