WRITTEN QUESTION P-3609/00 by Paul Lannoye (Verts/ALE) to the Commission. Complaint against three companies in the airport sector.
Date: 2000-11-15
Institutions: European Parliament, Provisional data
Subjects: Walloon region (Belgium), airport, complaint to the Commission, restriction on competition

C 174 E/90

Official Journal of the European Communities

EN

19.6.2001

(2001/C 174 E/093)

WRITTEN QUESTION E-3607/00

by Klaus-Heiner Lehne (PPE-DE) to the Commission

(22 November 2000)

Subject: Conduct of Spanish road transport authorities towards foreign motorists

The Spanish road transport authorities (Autoridad de trÆfico) require foreign (cid:129) as well as Spanish (cid:129)
motorists to be equipped with two warning triangles, a series of spare parts (lamps, spare wheel, etc), tools
and (cid:129) until recently (cid:129) a spare pair of glasses where appropriate.

Will the Commission answer the following questions in this connection:

1. Are the requirements of the Spanish road transport authorities compatible with the relevant interna-
tional legal conventions (the Vienna Convention, for instance) and with the reciprocal recognition
rules at EU level?

2. What measures does it intend to take should this conduct by the Spanish road transport authorities

prove to be in breach of bilateral conventions?

Answer given by Mrs de Palacio on behalf of the Commission

(19 December 2000)

There is no Community legislation requiring the accessories referred to by the Honourable Member to be
carried in vehicles.

Rules for vehicles travelling in the territory of Member States differ in this respect from one Member State
to another. Despite the lack of harmonisation,
the national rules are compatible with Community
legislation provided they do not constitute an obstacle to freedom of movement.

That condition is met if the national rules apply only to residents of the Member State or to users of
vehicles registered in the Member State. The rules on minimum, sufficient requirements concerning
equipment to be carried in vehicles in international traffic are laid down in the Road Traffic Convention
signed in Vienna on 8 November 1968, which Spain in particular also signed.

The Vienna Convention provides, for example, that States may require a warning triangle to be carried in
non-nationals(cid:146) vehicles, but not two triangles.

The Commission is not aware that the Spanish road traffic authorities require vehicles in international
traffic to carry all the accessories listed by the Honourable Member. Freedom of movement is one of the
Community(cid:146)s main aims and the Commission will be contacting the Spanish authorities in order to
determine the exact nature of the requirements made of vehicles in transit.

(2001/C 174 E/094)

WRITTEN QUESTION P-3609/00

by Paul Lannoye (Verts/ALE) to the Commission

Subject: Complaint against three companies in the airport sector

(15 November 2000)

On 6 September 2000 the Commission received a complaint (No 37 957) lodged by four MEPs including
myself, against three companies in the airport sector: Bierset Airport development and promotion (SAB),
TNT Express Worldwide and GD Express Worldwide. The complaint is also against the Belgian Govern-
ment. The subject at issue is the agreement signed on 26 February 1996 between the three Walloon
Region companies, which infringes a number of the Treaty(cid:146)s provisions, particularly in the area of
competition law. Since the agreement substantially affects the Walloon Region(cid:146)s airport policy, especially

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Official Journal of the European Communities

C 174 E/91

on the amount of airport taxes and their possible adjustment to take account of the (cid:145)polluter-pays(cid:146)
principle, there is an urgent need for the Commission to state its views on this complaint. Can the
Commission say what steps it has taken to investigate the case, and what date it has set for completing its
investigation?

Answer given by Mr Monti on behalf of the Commission

(18 January 2001)

On the competition issue, the complaint lodged by the Honourable Member is based firstly on Article 81
(former Article 85) of the EC Treaty, read in conjunction with Article 86 (former Article 90), and secondly
on Articles 87 and 88 (former Articles 92 and 93).

As regards the aspects relating to Articles 81 and 86, the Commission has begun its examination of the
complaint. On 14 December 2000 it sent a letter to the complainants, including the Honourable Member.

As regards the (cid:145)state aid(cid:146) aspects (Article 87), the Commission sent a request for information to the Belgian
authorities. On the basis of their reply, it should be in a position to undertake a preliminary examination
of the complaint. It is unable at this stage to prejudge the possible outcome of the examination.

(2001/C 174 E/095)

WRITTEN QUESTION P-3613/00

by Olivier Dupuis (TDI) to the Council

(15 November 2000)

Subject: Action to combat trafficking, exploitation and sexual abuse of children

Trafficking, exploitation and sexual abuse of children are increasingly becoming transnational problems.
The cruelty of the crimes committed in this respect and the slowness of judicial procedures in many
Member States in tackling such cases are a source of deep concern.

The European Union has so far focused on the relationship between paedophilia and the Internet and has
ignored other far more important aspects. For instance, Title IV, point B of the Joint Action on combating
trafficking and sexual exploitation of children stipulated that the Council should, by the end of 1999,
assess the fulfilment by Member States of
their obligations under the Joint Action with regard to
improving judicial cooperation and approximation or revision of national legislation on action to combat
trafficking, exploitation and sexual abuse of children. In its reply of 28 September 2000 to Written
Question P-1748/00, the Council states that it has not fulfilled this obligation and that (cid:145)that examination
will be carried out in the near future according to the rules laid down in the Decision. Consequently, the
Council is not yet in a position to verify Member States(cid:146) legislation in this area(cid:146).

When will the Council fulfil its obligation to carry out this assessment? Why has it not yet done so? What
obstacles did it encounter? Does the Council not consider that its failure to carry out the assessment
renders the Joint Action meaningless? Is there some reluctance within the Council? What further action
does the Council intend to take to apply Article 29 of the Treaty on European Union, which includes
action to combat trafficking in persons and offences against children among the measures aimed at
creating an area of freedom, security and justice?