WRITTEN QUESTION E-2886/00 by Roger Helmer (PPE-DE) to the Commission. Special privileges for Lufthansa.
Date: 2000-09-14
Institutions: European Parliament, Provisional data
Subjects: Germany, air law, bilateral agreement, civil aviation, discrimination on the basis of nationality, free movement of capital, infringement procedure (EU), shareholding, transport company

8.5.2001

EN

Official Journal of the European Communities

C 136 E/123

Is the Commission aware of the numerous defects existing in the construction, structures, signposting and
maintenance of this motorway, which was financed with Community funding?

What measures does the Commission believe should be taken to normalise this state of affairs and bring
this totally unacceptable accident rate under control?

Answer given by Mr Barnier on behalf of the Commission

(13 October 2000)

The Commission notes the data reported by the Honourable Member but must stress the multiplicity of
possible factors in accidents occurring on the motorway in question.

It attaches great importance to the quality and user safety of construction work effected by the Member
States, notably transport infrastructure, but must remind the Honourable Member that there are no
legislative measures at Community level in this field and that all applicable standards are the province of
Member States. It is of course ready to examine any proposal that would improve user safety on this
motorway.

It has in fact included in the Community support framework for 2000-2006 for the Spanish Objective 1
regions an indicator to measure the reduction in loss of human life on Spanish roads.

As regards improvement of the A-92 motorway, the Commission has been informed that the Andalusian
Regional Government intends to renew some parts of it.

(2001/C 136 E/141)

WRITTEN QUESTION E-2886/00

by Roger Helmer (PPE-DE) to the Commission

(14 September 2000)

Subject: Special privileges for Lufthansa

Why has the European Commission dropped proceedings against Germany and against the German
national airline Lufthansa which would have required the company to allow a majority of its stock to be
owned by foreigners? In so doing, the Commission has accepted the company(cid:146)s rule forbidding foreign
ownership (cid:129) a rule which contravenes the single market laws on the free movement of capital.

Answer given by Mr Solbes Mira on behalf of the Commission

(8 November 2000)

The Honourable Member is probably referring to infringement proceedings that the Commission has
opened against Germany concerning certain provisions contained in §4 and §5 of the law (cid:145)Luftverkehrs-
nachweissicherungsgesetz(cid:146) (LuftNaSiG of 5 June 1997).

Those provisions prescribe measures that can be taken by German companies, operating as air transport
carriers within the meaning of Council Regulation (EEC) No 2407/92 of 23 July 1992, on licensing of air
carriers (1). The measures aim at ensuring that such companies remain majority owned by German
nationals, so as not to risk losing landing rights in countries with which Germany has negotiated bilateral
air transport agreements.

C 136 E/124

Official Journal of the European Communities

EN

8.5.2001

After having requested and obtained information from the German government about the scope and
content of its bilateral air transport agreements, as well as about the experience of implementation of the
provisions of the law, the Commission is in the process of analysing and assessing whether those
provisions discriminate against citizens of the Union who are not German nationals.

(1) OJ L 240, 24.8.1992.

(2001/C 136 E/142)

WRITTEN QUESTION E-2887/00

by Theresa Villiers (PPE-DE) to the Commission

(14 September 2000)

Subject: Dangerous dogs

Does the Commission have any plans to introduce legislation on dangerous dogs in the EU?

If so, on what grounds does the Commission justify action at Community rather than at Member State
level? Should not the principle of subsidiarity dictate that this should be left to Member States to decide?

Does the Commission have any plans to introduce EU rules to ban Staffordshire bull terriers?

Answer given by Mr Byrne on behalf of the Commission

(26 October 2000)

The Commission would inform the Honourable Member that it currently has no plans to propose
Community harmonisation designed to ban dangerous dogs. It therefore has no intention of proposing
any rules banning Staffordshire bull terriers.

In this case, the Commission believes that it is up to the Member States to adopt the appropriate national
measures, while complying with the rules of the EC Treaty, in particular Articles 28 and 30 (ex Articles 30
and 36) thereof.

Indeed, although Article 28 stipulates that Member States may not adopt national measures that create
restrictions on the free movement of the animals concerned, Article 30 authorises them to do so if such
measures are justified on grounds of the protection of the health and life of humans, provided that the
restrictions concerned are proportionate to the objective to be attained and are applicable without
distinction.

(2001/C 136 E/143)

WRITTEN QUESTION E-2888/00

by Christopher Huhne (ELDR) to the Commission

(14 September 2000)

Subject: Airport malaria

Will the Commission state whether it is satisfied that the rules on the spraying with insecticide of aircraft
arriving from the tropics are being properly applied, given the increase in the number of cases of airport
malaria reported, especially in France, Belgium and the United Kingdom, outlined in the August edition of
the Bulletin of the World Health Organisation?