WRITTEN QUESTION E-3615/00 by Klaus-Heiner Lehne (PPE-DE) to the Commission. ECJ judgment in Case C-205/98 ‐ tolls levied on goods vehicles using the Brenner motorway.
Date: 2000-11-22
Institutions: European Parliament, Provisional data
Subjects: Austria, application of EU law, axle tax, bus, toll

C 174 E/92

Official Journal of the European Communities

EN

19.6.2001

Reply

(26 February 2001)

The Council would draw the Honourable Members(cid:146) attention to the reply given to Written Question E-
3089/00 concerning an attack on a Jewish teacher by a group of neo-Nazi skinheads.

As regards equal treatment between persons irrespective of racial or ethnic origin, on 29 June 2000 the
Council adopted a Directive implementing the principle of equal treatment between persons irrespective of
racial or ethnic origin (1).

A proposal for a Directive establishing a general framework for equal treatment in employment and
occupation and a proposal for a Decision establishing a Community action programme to combat
discrimination (2001-2006) are being examined by the Council and will shortly be adopted.

(1) OJ C 63, 4.3.1997, p. 2.

(2001/C 174 E/096)

WRITTEN QUESTION E-3615/00

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

(22 November 2000)

Subject: ECJ judgment in Case C-205/98 (cid:129) tolls levied on goods vehicles using the Brenner motorway

The European Court of Justice ruled on 26 September 2000 that the Federal Republic of Austria had
infringed European Treaty provisions prohibiting discrimination by reason of its introduction or structur-
ing of tolls on goods vehicles using the Brenner motorway.

The Commission is asked:

1. The decision by the European Court of Justice applies exclusively to goods transport. To what extent
does this judgment also have implications for bus traffic using the Brenner motorway and for tolls
levied on bus traffic?

2.

Subsequent to the most recent increase in charges for bus traffic using the Brenner motorway, a price
adjustment has been applied as at 1 December 2000. The effect is to raise the price of the 10-day and
monthly toll discs by 16,27 %, while the annual toll disc will increase by 32,56 %. Does the European
Commission consider those increases, and the discrepancies in the percentage increase, as appropriate?

3. Does the Commission consider this action as also amounting to an infringement of the ban on

discrimination?

4. What action will the European Commission take where necessary to counteract infringements of the

ban on discrimination?

Answer given by Mrs de Palacio on behalf of the Commission

(31 January 2001)

The decision by the Court of Justice applies exclusively to goods transport and has no implications

1.
for bus traffic using the Brenner motorway and for tolls levied on bus traffic.

2. and 3. While value added tax on tolls has to comply with the rules of the Sixth VAT Directive of the
there is no
Council 77/388/EEC such as interpreted by the Court
Community legislation aimed at harmonising tolls on buses as such. These tools therefore need only
respect
the EC Treaty, amongst which is the overall requirement of non-
discrimination on grounds of nationality. The information supplied by the Honourable Member does not
indicate the presence of any such discrimination. In addition, the discrepancies in the percentage increase

the basic principles of

in several recent

judgements (1),

19.6.2001

EN

Official Journal of the European Communities

C 174 E/93

mentioned between the 10-day and monthly toll discs on one hand and the annual toll disc on the other
do not raise any suspicion of indirect discrimination either. The Commission has therefore no reason or
legal basis for investigating further the increases or the discrepancies in the percentage increase.

4. Whenever the Commission considers that a Member State has failed to fulfil an obligation under the
EC Treaty it follows the procedure defined in the EC Treaty itself (Articles 226 and 228 (ex Articles 169
and 171)) for this purpose.

(1)

Judgements of 12.9.2000, cases C-276/97 and four others, Commission v. France and four other Member States
and judgement of 18.1.2001, case C-83/99, Commission v. Spain (not yet published in the ECR).

(2001/C 174 E/097)

WRITTEN QUESTION P-3618/00

by Raffaele Lombardo (PPE-DE) to the Council

(15 November 2000)

Subject: Combating paedophilia and (cid:145)sex tourism(cid:146)

Every day, and in every country of the world, serious crimes are committed against children. Furthermore,
the problem of paedophilia has become more widespread in recent years. But, as the law stands, the
Community institutions have no powers to deal with criminal matters and so it is up to the Member States
to ensure they have effective and deterrent laws to combat paedophilia. Meanwhile, the Internet is playing
an increasingly frequent role in the commission of such crimes.

In view of the foregoing:

1. What progress does the Council expect to achieve in terms of greater (cid:145)communitarisation of the third
pillar(cid:146) (i.e. bringing matters relating to justice and home affairs within the ambit of the European
Union) to ensure increased and more effective judicial and police cooperation, particularly with regard
to crimes involving paedophilia?

2. What is the Council(cid:146)s position with regard to placing all European paedophiles on a register with a
view to monitoring their movements and exploiting the networks established to facilitate police
cooperation at international and European level for the purpose of crime prevention in addition to law
enforcement?

3. What new measures are being drawn up in the field of international cooperation to abolish the
anonymity enjoyed by Internet sites and oblige those operating electronic data communication
networks to record and keep the data which would make it possible to trace material involving the
dissemination of, or trade in, child pornography to be traced back to those responsible?

Reply

(26 February 2001)

The Council is awaiting important initiatives from the Commission to strengthen judicial cooperation on
crimes against children.

The Honourable Member will agree, however, that, as the initiatives mentioned in the reply to Written
Question P-1748/00 on the trafficking and sexual exploitation of children show, the Council(cid:146)s proceedings
have made it possible to strengthen considerably the means of combating trafficking in human beings and
crimes against children.

The Council has received no initiatives relating to the placing of all European paedophiles on a register.
This controversial subject has not been tackled hitherto in Council Working Parties.

As regards work in progress in international bodies, we should mention the draft European Convention on
Cyber-Crime, which is under examination in the Council of Europe.