WRITTEN QUESTION P-4047/00 by Reinhold Messner (Verts/ALE) to the Commission. Renewal of the motorway concession held by the Brescia-Padua motorway company and the building of the Valtrompia motorway.
Date: 2000-12-20
Institutions: European Parliament, Provisional data
Subjects: Italy, application of EU law, common transport policy, motorway, service concession

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(2001/C 174 E/235)

WRITTEN QUESTION P-4042/00

by Avril Doyle (PPE-DE) to the Commission

(20 December 2000)

Subject: 1999 Immigration and Asylum Act

With regard to Section 36 of the 1999 United Kingdom Immigration and Asylum Act and the fining and
detainment of road hauliers found with asylum-seekers on board their vehicles (1), could the Commission
indicate whether that Act contravenes any aspects of EU law and list any cases pending before EU courts
on this subject?

(1) 1999 Immigration and Asylum Act (cid:129) The Carriers(cid:146) Liability.

Answer given by M. Vitorino on behalf of the Commission

(5 February 2001)

Part II (section 32-43) (cid:145)Carriers(cid:146) Liability(cid:146) of the 1999 United Kingdom Immigration and Asylum Act
contains provisions for preventing and combating illegal entry of undocumented aliens.

The fight against illegal entry of undocumented aliens is an important aspect of Union policy in the field
of Justice and Home Affairs. This has been explicitly confirmed by the October 1999 Tampere European
Council which expressed its determination to tackle at
immigration, especially by
combating those who engage in trafficking in human beings and economic exploitation of migrants.

its source illegal

Whilst Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985 (1) already
addresses the issue of carriers liability at Community level, the scope of that provision is restricted to
passenger transport. Currently, Community law does not address the issue of carrier liability for transport-
ing illegal immigrants aboard lorries.

The Commission cannot see any conflict between Community law and the regulations on truckers under
the United Kingdom Immigration and Asylum Act of 1999 provided the implementation of this act does
not lead to any infringement of Community law. No cases on that issue are currently pending before the
Court of Justice or the Court of First Instance.

(1) OJ L 239, 22.9.2000; The United Kingdom has (cid:145)opted in(cid:146) to apply Article 26 of the Convention Implementing the
Schengen Agreement (see Council Decision of 29 May 2000 concerning the request of the United Kingdom of
Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131,
1.6.2000) Article 26 has, however, not yet entered into force for the United Kingdom in accordance with Article 6
par.1 of that Decision.

(2001/C 174 E/236)

WRITTEN QUESTION P-4047/00

by Reinhold Messner (Verts/ALE) to the Commission

(20 December 2000)

Subject: Renewal of the motorway concession held by the Brescia-Padua motorway company and the

building of the Valtrompia motorway

Without a public call for tenders being issued the agreement between the company holding the concession
for the Brescia-Padua motorway and ANAS, the public body which administers the road network in Italy,
was renewed for a further 9 years (until 2011).

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On the basis of the (cid:145)Ciampi-Costa directive(cid:146) (1) motorway concessions may be extended, by way of
exception, only in order to settle existing disputes (failure to adjust charges, recognition of the work
carried out in connection with the World Cup in 1990 and the Columbus celebrations in 1992 and any
other disputes on which the State legal advisory office must be requested). In this case, however, the
justification for the extension was the construction of a new motorway link, known as the Valtrompia
motorway. This is a new motorway approximately 30 km long, which would link Gardone Valtrompia
with the Brescia-Padua motorway. The concessionaire company has already instructed the Veronese firm
Tecnital to plan the execution of the project and has budgeted for an investment of Lit 550 billion (€ 284
million) to build the new motorway. However, this estimate is too low if one considers that the current
cost of a motorway is around Lit 25-30 billion (€ 13-15 million) per kilometre, which casts doubt on the
reliability of the cost estimate. The justification for the new motorway is the need to reduce the journey
time for heavy goods vehicles serving manufacturing industries in the Valtrompia.

Does the Commission not consider that the renewal of this concession is incompatible with Directives 92/
50/EEC, 93/37/EEC and 89/440/EEC (2),
in that no European-wide call to tender was issued for the
allocation of the concessions?

Does the Commission consider it admissible to justify this extension, without a call for tenders being
issued, by means of an exchange in the form of investment in the building of a new motorway?

Does the Commission not consider that to accept such a policy of exchange between concession-holders
and the government in favour of new motorways invalidates the decision to give priority to restore a
balance between road and rail transport in the European Union?

(1) Directive of the Minister of Public Works and the Minister for the Treasury, the Budget and Economic Planning of

20 October 1998, Protocol No 011790 of the Ministry for the Treasury.

(2) Published in OJ L 209, 24.7.1992, OJ L 199, 9.8.1993 and OJ L 268, 15.9.1989.

Answer given by Mr Bolkestein on behalf of the Commission

(8 February 2001)

The question put by the Honourable Member comes under the more general framework of the procedure
for granting motorway concessions in the various Member States. The Commission has asked all Member
States to provide detailed information of their position in this respect.

The Commission is in the process of examining information provided by the Italian authorities, and by
authorities in the other Member States, so as to establish a coherent position for all the motorway
concessions in the Community, bearing in mind the considerable economic and social implications of this
issue.

At a meeting with the Italian authorities in Rome on 18 December 2000, the Commission asked for all the
necessary information to assess whether the building of a new section of motorway in Valtrompia and the
extension of the concession held by the Brescia-Padova motorway concessionaire company to which the
Honourable Member refers are in line with Community law on public contracts. If, on examining the
above information, the Commission finds that the procedures followed are incompatible with Community
Law, it may introduce infringement proceedings under Article 226 (ex-Article 169) of the EC Treaty.

As regards transport policy, Directive 1999/62/EC of the European Parliament and of the Council of
17 June 1999, on the charging of heavy goods vehicles for the use of certain infrastructures (1) restricts the
amounts of tolls to the costs of constructing, operating and developing the road network. This does not
prevent Member States from attributing a percentage of the amount of the tolls to environmental
protection and the balanced development of transport networks, provided that this amount does not
exceed the set limit. As part of its preparations for the White Paper on the common transport policy,
planned for the beginning of this year, the Commission is examining measures to adjust the balance
between road and rail transport in the Community, in particular by revising the rules on charges and the
funding of infrastructures. These measures should make it possible, in certain justified cases, to use income
from road charges to develop rail alternatives.

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Moreover, it is important to emphasise that the extension of a motorway concession by a public body,
possibly in breach of Community rules on the award of public contracts, should also be examined in light
of the rules governing State aids in the transport sector when a beneficiary company is not required to
assume the risks and expenditure which would need to be borne by any private investor in a market
economy.

(1) OJ L 187, 20.7.1999.

(2001/C 174 E/237)

WRITTEN QUESTION E-4054/00

by Raffaele Costa (PPE-DE) to the Council

(15 January 2001)

Subject: Central European Bank: how much do its directors earn?

On several occasions questions have been asked concerning the salaries of the European Central Bank
(ECB) directors (in 1999, 2000 and 2001). On each occasion the Council has glossed over its replies,
taking refuge behind abstract formulas and incomprehensible parameters.

Could a clear reply now be given? How much did they receive in 1999 (under all headings, without any
exceptions) and in 2000?

Figures are required, not words.

Reply

(12 March 2001)

It is not for the Council to fix the terms and conditions of employment of the members of the Executive
Board of the ECB. Indeed, in accordance with Art. 11 (3) of the Protocol of the Statute of the ESCB and
ECB, these are subject to contracts with the ECB and are fixed by its Governing Council.

(2001/C 174 E/238)

WRITTEN QUESTION E-4055/00

by Raffaele Costa (PPE-DE) to the Commission

(9 January 2001)

Subject: Central European Bank: how much do its directors earn?

On several occasions questions have been asked concerning the salaries of the European Central Bank
(ECB) directors (in 1999, 2000 and 2001). On each occasion the Commission has glossed over its replies,
taking refuge behind abstract formulas and incomprehensible parameters.

Could a clear reply now be given? How much did they receive in 1999 (under all headings, without any
exceptions) and in 2000?

Figures are required, not words.