WRITTEN QUESTION E-3482/00 by Antonios Trakatellis (PPE-DE) to the Commission. Independent operation of national competition authorities: appointment of the Greek competition authority by designation and failure to take action in the Minoan Lines case.
Date: 2000-11-10
Institutions: European Parliament, Provisional data
Subjects: Greece, competition law, maritime cabotage, maritime safety, trade licence

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What does the Commission intend to do in order to correct the distortions caused by arbitrary car import
rules in the Member States? What will the Commission do to establish transparent rules on car imports
which comply with Community law?

When will European consumers be able to enjoy the benefits of a genuine internal market when buying
a car?

Answer given by Mr Bolkestein on behalf of the Commission

(8 December 2000)

On the subject of the calculation of the taxable value of cars, the Commission has already initiated
infringement proceedings against various Member States for their failure to comply in full with the Court
of Justice ruling requiring tax to be levied on the real value of the vehicle. There are also infringement
proceedings in progress in relation to tax exemptions for the temporary use of a vehicle in a Member State
other than that in which it has been registered and to exemptions relating to the transfer of vehicles on
changing residence between Member States (Council Directive 83/182/EEC of 28 March 1983 on tax
exemptions within the Community for certain means of transport temporarily imported into one Member
State from another (1) and Council Directive 83/183/EEC of 28 March 1983 on tax exemptions applicable
to permanent imports from a Member State of the personal property of individuals (1)). If the Member
States concerned fail to comply with what it recommends in its reasoned opinions, the Commission can
refer the case to the Court of Justice under Articles 226 (ex Article 169) et seq. of the EC Treaty.

As regards Article 25 of the EC Treaty and the prohibition of customs duties and charges having
equivalent effect, the Commission would inform the Honourable Member that the basis of its action on
tax matters is the ban on discrimination contained in Article 90 (ex Article 95) of the EC Treaty, not
Article 25 (ex Article 12).

In addition to its action on monitoring compliance with Community law, the Commission submitted a
proposal to the Council in February 1998 on amending Directives 83/182/EEC and 83/183/EEC to adapt
them to internal market requirements. The Council has not yet adopted that proposal. Lastly,
the
Commission is currently preparing an overall communication on vehicle taxation.

The Commission believes that its action will significantly improve the situation of the European citizen in
this area.

(1) OJ L 105, 23.4.1983.

(2001/C 163 E/150)

WRITTEN QUESTION E-3482/00

by Antonios Trakatellis (PPE-DE) to the Commission

(10 November 2000)

Subject: Independent operation of national competition authorities: appointment of the Greek competition

authority by designation and failure to take action in the Minoan Lines case

In view of the proposal that the regulations on the application of Articles 81 and 82 of the EC Treaty
(dealing with competition) should be amended and the recent sinking of the Express Samina car ferry,
which revealed the monopoly situation and distortion of competition brought about in both the domestic
and European coastal shipping markets through the preferential and improper issue by the Ministry for
Merchant Shipping of exclusive (cid:145)licences of expediency(cid:146) to Minoan Lines, and also because of the Greek
competition commission(cid:146)s failure to take action regarding the ministry(cid:146)s supplying of exclusive licences of
expediency to the firm in question,

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given the geographical distribution of the market in question, abuse of a dominant position and charging
of excessive prices:

1. How is it possible for a change to be requested to the EU(cid:146)s competition system, involving the shifting
of exclusive responsibilities deriving from Articles 81 and 82 from the Community to the Member
States and the competent national competition authorities, without first having ensured that legal
certainty exists, that members of the 15 EU national competition authorities are appointed in an
unbiased manner and that the authorities operate independently?

2.

Is the Commission aware that under Law 2837/2000 of 1 August 2000 (1) the president and members
of the Greek competition commission are simply designated, since they are all appointed by the
Minister for Development and supervised by the government, and what measures will the Commission
take to ensure that the members of the competition commission are chosen in an unbiased manner
and that the commission operates independently?

3. How does the Commission view the Greek competition commission(cid:146)s failure to take action, and the
improper issue of exclusive licences of expediency to Minoan Lines, and why has the Commission not
taken action regarding the violation of Community safety rules?

(1) Government Journal Issue 178, 3 August 2000.

Answer given by Mr Monti on behalf of the Commission

(22 December 2000)

The Honourable Member
for a new regulation implement-
ing Articles 81 and 82 (ex Articles 85 and 86) of the EC Treaty (1). In accordance with Article 83
(ex Article 87) of the EC Treaty, the Parliament is currently being consulted on this proposal.

refers to the Commission(cid:146)s proposal

As set out in the explanatory memorandum to the proposal the Commission considers that
1. and 2.
companies will benefit from an appropriate level of legal certainty under the proposed new implementing
system.

The proposed new implementing system will enable national authorities to become more active in the
enforcement of the Community competition rules. The Commission(cid:146)s proposal foresees an obligation on
the Member States to empower their national authorities to apply Articles 81 and 82 of the EC Treaty and
lays the foundation for a network in which the Commission and the Member States(cid:146) competition
authorities will work closely together in the implementation of the Community competition rules. The
proposal also maintains the Commission(cid:146)s own power to step in against infringements of Articles 81 and
82 of the EC Treaty, including a rule that once the Commission opens proceedings, national authorities are
de-seised.

The Commission considers that Member States(cid:146) competition authorities are generally well equipped to co-
operate in the network. The network will serve to further foster a common competition culture in Europe.
Member States are already making efforts to prepare for the implementation of the new enforcement
system. At this stage the Commission does therefore not see fit to propose any further measures, e.g. to
harmonise procedural rules applicable to national authorities.

The possible competition problems mentioned by the Honourable Member have no perceptible
3.
repercussions outside Greece and therefore are not
trade between Member States
appreciably. The Community competition rules therefore do not apply. Independently of the reform of
the implementing regulation referred to above, it is therefore for the Greek authorities to remedy the
problems identified by the Honourable Member.

likely to affect

Greece enjoys a temporary exemption until 1 January 2004 from Community legislation providing for
freedom to provide maritime cabotage services. In view of the exemption, the Commission considers that
it currently has no scope for intervening concerning the current Greek licensing system.

In any event, after the accident of the (cid:145)Express Samina(cid:146), the Commission asked the Greek Government on
28 September 2000 to submit all relevant information to ascertain the compliance of the passenger ship

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the
fleet with the body of Community law on maritime safety. As regards the (cid:145)Express Samina(cid:146),
information included copies of the safety certificates, proofs concerning the good functioning of the
registration system for passengers and the respect of the requirements on the training of the seafarers.

The Commission is currently evaluating the information submitted by the Greek government and, once the
facts are established, will adopt the appropriate measures.

(1) COM(2000) 582.

(2001/C 163 E/151)

WRITTEN QUESTION E-3485/00

by Timothy Kirkhope (PPE-DE) to the Commission

(10 November 2000)

Subject: Charter of Fundamental Rights

Following the informal meeting of the Council in Biarritz on 13/14 October 2000 and the discussions that
took place on the second day thereof, would the Commission please confirm that it was always its
intention that the Charter of Fundamental Rights should be legally justiciable? In the event of this not
being achieved, what status in legal/constitutional terms would it wish the Charter to have?

Answer given by Mr Vitorino on behalf of the Commission

(11 December 2000)

The Commission would draw the Honourable Member(cid:146)s attention to the communication it presented on
11 October 2000 on the legal nature of the Charter of Fundamental Rights of the European Union (1). This
communication has been transmitted to Parliament and the Council.

In this communication, the Commission takes the view that the end purpose of the Charter, given its
content, its rigorous legal formulation and its high political and symbolic value, is to be incorporated,
sooner or later, into the Treaties with binding legal force.

It mentions a number of possible ways of inserting the Charter into the Treaties and suggests the timetable
to be set for that purpose.

The Commission finds that the question now arises as to whether Article 6(2) of the Treaty on European
Union should be amended within the framework of the ongoing Intergovernmental Conference, in order to
acknowledge the existence of the Charter.

The Commission feels, however, that irrespective of the ultimate form of the EU Charter of Fundamental
Rights, it will make an impact in many areas, including the legal sphere, as the Union(cid:146)s institutions will
obviously find it difficult to ignore the Charter(cid:146)s existence in future.

(1) COM(2000) 644 final.

(2001/C 163 E/152)

WRITTEN QUESTION E-3486/00

by Luis Berenguer Fuster (PSE) to the Commission

(10 November 2000)

Subject: New data in the state aids to the electricity sector proceedings against Spain

The Spanish electricity company(cid:146)s transition to competition cost proceedings include the report of a
London consultancy, which gives estimates of the transition costs.