WRITTEN QUESTION E-3230/00 by Raffaele Costa (PPE-DE) to the Council. Possible discrimination against religious groups.
Date: 2000-10-20
Institutions: European Parliament, Provisional data
Subjects: Italy, freedom of religious beliefs, religious discrimination, religious sect

6.6.2001

EN

Official Journal of the European Communities

C 163 E/63

(2001/C 163 E/062)

WRITTEN QUESTION E-3226/00

by Luis Berenguer Fuster (PSE) to the Commission

(17 October 2000)

Subject: Mergers in Spain and use of the (cid:145)golden shareholding(cid:146) by the government

Following the announcement of the merger between the two main electricity companies in Spain, Endesa
and Iberdrola, which seems to enjoy government approval, there has been speculation that the purpose of
the merger was to prevent Iberdrola being acquired by a foreign competitor. The government has a (cid:145)golden
shareholding(cid:146) in Endesa but not in Iberdrola.

Does the Commission think it appropriate for the Spanish Government to extend its (cid:145)golden shareholding(cid:146)
to the company produced by the merger between Endesa and Iberdrola? Will the Commission take any
steps to prevent this from happening?

Answer given by Mr Bolkestein on behalf of the Commission

(4 December 2000)

The Commission has not officially been informed that the Spanish Government is to extend the (cid:145)golden
shareholding(cid:146) to the company to be created by the proposed merger between Endesa and Iberdrola.
Therefore, it would be premature for the Commission to comment on this matter.

As far as the special rights or (cid:145)golden shares(cid:146) that the government holds in Endesa are concerned, they
reflect the rights stipulated in the Spanish Law No 5/1995 of 23 March, the privatisation framework law.
As the Honourable Member is aware (see Written Question E-1944/00 (1) by the Honourable Member) the
Commission opened infringement proceedings against Spain concerning the above law and following the
reasoned opinion delivered in July 1999, decided on 5 July 2000 to refer the matter to the Court of
Justice.

(1) OJ C 72 E, 6.3.2001, p. 153.

(2001/C 163 E/063)

WRITTEN QUESTION E-3230/00

by Raffaele Costa (PPE-DE) to the Council

(20 October 2000)

Subject: Possible discrimination against religious groups

Like all other Community countries, Italy has undertaken to respect freedom of worship and religion.
However, new forms of discrimination have started to appear in various quarters threatening to restrict
these freedoms.

In one European country with a highly-developed legal tradition, a new offence of (cid:145)brainwashing(cid:146) was
recently introduced under the penal code, which also gives the government the power to decree officially
which groups should be designated (cid:145)sects(cid:146). Members of these groups have already been convicted of
offences on more than one occasion. In some cases, investigations have been opened and pursued before it
has even been clearly determined what crimes or offences may have been committed.

Has the Council already adopted liberal provisions to provide protection for the right to freedom of
worship and religion, or will it adopt them to meet the needs of this new situation?

Reply

(26 February 2001)

The Council would point out that, in accordance with Article 5, first paragraph, of the TEC, the
1.
Community acts within the limits of the powers conferred upon it and of the objectives assigned to it
by the Treaty. Moreover,
the Community may only take action in accordance with the principle
of subsidiarity (Article 5, second paragraph, of the TEC). Moreover, the Council considers in general
that questions relating to criminal law should, when raised at Union level, be dealt with under Title VI of
the TEU.

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.