WRITTEN QUESTION P-3237/00 by Wilhelm Piecyk (PSE) to the Commission. Distortions of competition in the European goods transport sector.
Date: 2000-10-12
Institutions: European Parliament, Provisional data
Subjects: State aid, approximation of laws, carriage of goods, competition, national law, road transport, transport company

C 163 E/64

Official Journal of the European Communities

EN

6.6.2001

As regards the area in question, the Council, acting in accordance with Article 13 of the TEC and
2.
(cid:145)within the limits of the powers which (the Treaty) confers upon the Community(cid:146), (cid:145)may take appropriate
action to combat any discrimination based on sex, race or ethnic origin, religion or beliefs, disability, age
or sexual orientation(cid:146) but has not received any proposal concerning this area. On this point, the Council
would remind the Honourable Member that, at its meeting on 27/28 November 2000,
it adopted
a Directive based on the same Article concerning a general framework for equal treatment in employment
and occupation, which is intended to combat discrimination on grounds of religion or belief in particular.

3.
Finally, the Council would point out that, pursuant to Declaration No 11 annexed to the Final Act of
the Amsterdam Treaty, (cid:145)The European Union respects and does not prejudice the status which churches
and religious associations or religious communities enjoy in Member States under national law(cid:146).

(2001/C 163 E/064)

WRITTEN QUESTION P-3237/00

by Wilhelm Piecyk (PSE) to the Commission

(12 October 2000)

Subject: Distortions of competition in the European goods transport sector

As a response to the increase in fuel prices, especially diesel fuel, and the protests of HGV drivers, some
Member States have been persuaded to give in to the demands of the transport industry and make
financial concessions of various kinds. Measures range from a reduction in the tax on petroleum products
and financial rebates per litre of diesel to the partial reimbursement of motorway toll charges or grants to
reduce insurance premiums.

Those measures have resulted in substantial distortions of competition in the liberalised European goods
transport sector which contradict the efforts to create fair conditions of competition in the single market.
It is quite probable that they are not in conformity with Community legislation on state aids.

The Commission:

1. Does it take the view that unilateral national measures in the field of goods transport may be
reconciled with the need for greater coordination of the Member States(cid:146) economic policies following
the introduction of the euro?

2. Does it take the view that the compensatory measures provided for in Belgium, France, Italy and the
Netherlands with a view to reducing the burden on the respective national transport industries are
compatible with Community law?

3.

Is it prepared to initiate proceedings connected with these measures against those Member States for
failure to comply with the treaties?

4. What does it intend to do in order to promote the approximation of the conditions of competition,
the need for which has increased since the introduction of the euro, in the goods transport sector as
well and to discourage unilateral national measures?

Answer given by Mrs de Palacio on behalf of the Commission

(29 November 2000)

1.
The Commission is conscious of its obligation to ensure the coherence and co-ordination of national
measures within the context of the common transport policy. It is therefore following closely the recent
developments in all Member States. However, before deciding on the compatibility of national initiatives
with Community legislation it needs to have full and reliable knowledge of them.

6.6.2001

EN

Official Journal of the European Communities

C 163 E/65

Accordingly, the Commission has already requested Belgium, Spain, France, Italy and the Netherlands
2.
to provide comprehensive information of all relevant national measures taken (or envisaged) in order to
proceed with their detailed analysis and assessment. The Commission is also writing to the other Member
States requesting similar information.

3.
If the Commission concludes that the national measures in question are contrary to Community
legislation, in particular the rules on state aid, it will follow the appropriate procedure defined in the
EC Treaty.

4.
The Commission keeps a continuous watching eye on Member States(cid:146) activities to ensure that fair
conditions of competition are maintained and enhanced, and that Community legislation is respected. In
this context it has recently made proposals for strengthening the application of the social rules in road
transport.

Furthermore, it is worth noting that the Commission proposal for restructuring the Community framework
of the taxation of energy products (1), which is still being examined in Council, aims at improving the
functioning of the internal market through a convergence of the excise duties of energy products. Such
a convergence is expected to lead to fairer conditions of competition between Member States.

(1) OJ C 139, 6.5.1997.

(2001/C 163 E/065)

WRITTEN QUESTION P-3238/00

by Alexandros Alavanos (GUE/NGL) to the Commission

(12 October 2000)

Subject: Higher safety standards for car ferries and the Stockhom Agreement

Following the disasters at sea during the 1990s and negotiations within the International Maritime
Organisation, the SOLAS Convention was amended in regard to the stability of car ferries. In 1996,
Sweden, Norway, Finland, Denmark, the Netherlands, Ireland and the UK signed an agreement laying down
more stringent stability requirements in the event of vessels taking in water. In the light of the fact that the
Stockholm Agreement lays down more stringent safety standards for car ferries than Directive 98/18 (1),
will the Commission harmonise vessel safety regulations at the higher level?

(1) OJ L 144, 15.5.1998, p. 1.

Answer given by Mrs de Palacio on behalf of the Commission

(16 November 2000)

The Stockholm agreement (SA), mentioned by the Honourable Member, was established in the context of
Resolution 14 of the 1995 Safety of life at sea (SOLAS) Conference, allowing contracting governments to
conclude such an agreement if they consider that prevailing sea and weather conditions require specific
stability requirements for roll-on/roll-off (ro-ro) passenger ships in a designated area. It is presently applied
by Denmark, Ireland, the Netherlands, Finland, Sweden, United Kingdom and Norway.

Directive 98/18/CE of 17 March 1998 on safety rules and standards for passenger ships, introduced, in
line with the revised SOLAS Convention, specific safety rules and standards for passenger ships regarding
stability and also fire protection and life saving appliances. Taking into consideration the SA, Article 7 of
the Directive authorises a Member State or a group of Member States to apply higher safety standards
taking into account the specific local circumstances, following notification to the Commission.