WRITTEN QUESTION P-2818/00 by Marco Cappato (TDI) to the Council. Council annual report on human rights: action to be taken by the Council in response to Parliament's wishes and suggestions.
Date: 2000-09-01
Institutions: European Parliament, Provisional data
Subjects: European social policy, human rights

3.4.2001

EN

Official Journal of the European Communities

C 103 E/223

Turning to the specific issue of differentiating between commercial activities in the implementation of local
taxes, the Commission would remind the Honourable Member that this falls within the scope of the
provisions of the EC Treaty on State Aid, in so far as it would favour particular businesses or products and
have an effect on trade between the Member States. However, as set out in the Commission notice on the
application of the State aid rules to measures relating to direct business taxation (1), the differential nature
of some measures does not necessarily mean that they must be considered to be state aid. This is the case
with measures whose economic rationale makes them necessary to the smooth functioning and effective-
ness of the tax system. However, in such cases it is up to the Member State to provide such justification.

(1) OJ C 384, 10.12.1998.

(2001/C 103 E/262)

WRITTEN QUESTION P-2818/00

by Marco Cappato (TDI) to the Council

(1 September 2000)

Subject: Council annual report on human rights: action to be taken by the Council

in response to

Parliament(cid:146)s wishes and suggestions

In paragraph 10 of its annual report on respect for human rights in the European Union (1998-1999),
Parliament, referring to the Council(cid:146)s annual report on human rights, (cid:145)regrets the disappointing nature of
the report(cid:146)s content, which is merely a statement of fact(cid:146), whilst in paragraph 11 it (cid:145)sincerely hopes that the
next Council report will contain a country-by-country detailed analysis of developments in the human
rights situation in the EU and proposes that monitoring systems and strategies be introduced in the future
to improve respect for such rights pursuant to Articles 6 and 7 of the TEU(cid:146). In paragraph 92 it (cid:145)considers
that the role of the Council(cid:146)s annual report on human rights should be specified and should hold a
European analysis of human rights developments, including rights for national minorities, in the various
Member States and a definition of strategies to enable national and European policies in this field to evolve
with a view to improving their coherence(cid:146).

Is the Council intending to act upon the wishes expressed and the suggestions put forward by Parliament
and, if so, in what way? Does the Council not consider that an interinstitutional procedure could usefully
be launched in order to involve all the institutions in a single EU annual report on respect for human
rights and fundamental freedoms in the EU?

Reply

(10 November 2000)

The Council intends to adopt its second report on human rights (1999-2000) in October. The report

1.
will then be forwarded, as was the first report, to the European Parliament.

2.
In preparing the second report, the Council took account of the Parliament(cid:146)s views and those of
other bodies active in the field of human rights. While the content of the report remains centred primarily
on the European Union(cid:146)s action beyond its borders and its role on the international scene, a substantial
part of this second report will be devoted to human rights within the European Union, in accordance with
the wishes expressed at the European Union(cid:146)s first Forum for human rights meeting in Brussels on
30 November and 1 December 1999, in which the European Parliament took an active part. This part will
expand on the action undertaken by the Fifteen in a number of priority areas (racism, security and justice,
social exclusion, rights of the child, women(cid:146)s rights). In addition, the report(cid:146)s annexes will contain a list of
reports submitted by Member States to human rights treaty bodies and of visits by representatives of
human rights mechanisms in the Member States.

C 103 E/224

Official Journal of the European Communities

EN

3.4.2001

The Council Presidency is planning to organise in Paris on 12/13 December 2000 a second Forum
3.
for the discussion of human rights at which participants will be able to exchange views on the report and
other topics of common interest. A delegation from the European Parliament will be invited to this Forum.

The Council attaches great importance to the dialogue with the European Parliament on human
4.
rights issues. However, the possibility of adoption of an interinstitutional procedure to draft a single annual
report on human rights is not being considered at this stage.

(2001/C 103 E/263)

WRITTEN QUESTION P-2820/00

by Christopher Huhne (ELDR) to the Commission

(4 September 2000)

Subject: Disqualified drivers

Will the Commission please detail what measures have been taken by the Member States to ensure that a
driver who is disqualified in one Member State is also disqualified in other Member States? Is the
Commission satisfied that current arrangements are working adequately, and if not, what measures does
it propose to remedy the situation?

Answer given by Mrs de Palacio on behalf of the Commission

(21 September 2000)

The enforcement of driving disqualifications in Member States other than that in which the disqualification
was imposed requires judicial co-operation between Member States in a criminal matter. The introduction
of such a measure, therefore, does not fall within direct Community competence but rather within the area
of co-operation between Member States in Justice and home affairs.

Current arrangements in this field, if existent, are not established on the basis of multilateral co-operation,
but rather within the framework of bilateral agreements between certain Member States. This system is
inadequate in view of the requirements of the free movement of persons and the increase in international
road traffic.

In order to ensure enforcement of driving disqualifications throughout the Union, a Convention on driving
disqualifications (1) has therefore been drawn up on the basis of Article K.3 (now Article 31) of the Treaty
on European Union within the framework of Justice and home affairs. So far, this Convention has not
been ratified by a Member State.

Under Article 2 of this Convention, its objective is to ensure that drivers who are disqualified from driving
in a Member State other than that in which they normally reside should not escape the effects of their
disqualification when leaving the State of the offence.

Given that it is of utmost importance for road safety within the Union that a Union-wide effect be given to
driving disqualifications by adequate means (see the first recital of the Convention) the entry into force of
the Convention is a first important step to remedy the present situation.

(1) OJ C 216, 10.7.1998.