WRITTEN QUESTION P-0361/01 by Bernd Lange (PSE) to the Commission. Directive 1999/94/EC relating to the availability of consumer information on fuel economy and CO2 emissions in respect of the marketing of new passenger cars.
Date: 2001-02-08
Institutions: European Parliament, Provisional data
Subjects: EC Directive, access to information, consumer information, motor car, motor fuel, motor vehicle pollution, national implementing measure, prevention of pollution

C 235 E/186

Official Journal of the European Communities

EN

21.8.2001

Answer given by Mr Monti on behalf of the Commission

(14 March 2001)

The Honourable Member refers to the 1998 UEFA rule on (cid:145)integrity of the UEFA club competitions;
independence of clubs(cid:146). According to UEFA, the rule is designed to protect the sporting integrity of its club
competitions by not allowing clubs controlled by one and the same entity to take part in the same UEFA
competition.

The rule was notified to the Commission and was the subject of a notice issued under Article 19(3) of
Regulation 17/62 (1). The Commission(cid:146)s preliminary position as set out in the notice is that the notified
rule can be considered to be a decision of an association of undertakings or an agreement between
associations of undertakings within UEFA as defined in Article 81 (formerly Article 85) of the EC Treaty.
Taking into account what the Court of Justice recognised in the Bosman case as legitimate objectives (2) in
view of the considerable social importance of football in the Community, the Commission considers that
the restrictions imposed by the rule might escape the prohibition laid down in Article 81(1).

However,
in order to determine whether or not this provisional conclusion can be confirmed, the
Commission must know whether those restrictions are limited to what is necessary to safeguard the
integrity of UEFA competitions and the uncertainty of results. In other words, it must ascertain whether or
not less restrictive means exist for achieving the objective of safeguarding the integrity and uncertainty of
results of club competitions organised by UEFA.

The matter is still being looked into and no definitive position has been adopted.

(1) OJ C 363, 17.12.1999.
(2) Case C-415/93 [1995] ECR I-4921, point 106.

(2001/C 235 E/218)

WRITTEN QUESTION P-0361/01

by Bernd Lange (PSE) to the Commission

(8 February 2001)

Subject: Directive 1999/94/EC relating to the availability of consumer information on fuel economy and

CO2 emissions in respect of the marketing of new passenger cars

The implementing provisions of Directive 1999/94/EC (1) on the availability of consumer information on
fuel economy and CO2 emissions in respect of the marketing of new passenger cars should have been
transposed into national law by 18 January 2001.

Is it true that by that date only four Member States had complied with their legal obligations and properly
transposed the Directive into national law?

If it is, what does the Commission intend to do to ensure that the Directive is transposed and, pursuant to
the CO2 reduction strategy, to ensure that all consumers in Europe have adequate information on fuel
economy and CO2 emissions as soon as possible?

(1) OJ L 12, 18.1.2000, p. 16.

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(22 March 2001)

The Commission, in its role of guardian of the EC Treaty, pursuant to Article 211 (ex Article 155) thereof,
monitors the implementation of Community law by the Member States.

21.8.2001

EN

Official Journal of the European Communities

C 235 E/187

This applies to the communication to the Commission by the Member States of national implementing
measures intended to transpose Community directives.

To this end, the Commission checks the communication of national implementing measures transmitted
by the Member States as transposing legislation for Community Directives, and initiates the appropriate
infringement procedures pursuant to Article 226 (ex Article 169) of the EC Treaty against those Member
States, which fail to communicate national implementing measures for Community directives once the
deadline for transposition has expired.

Directive 1999/94/EC of the Parliament and the Council of 13 December 1999 relating to the availability
of consumer information on fuel economy and CO2 emissions in respect of the marketing of new
passenger cars should have been transposed by the Member States into their national law by 18 January
2001.

At present (12 February 2001), three Member States (the Netherlands, Finland and Denmark) have
communicated national transposition measures to the Commission in respect of this Directive.

The Commission will launch the regular monitoring exercise with regard to the lack of transposition of
this Directive and letters of formal notice will be issued to any Member State which has not communicated
its transposition at that time. In the absence of a positive response to the letter of formal notice, the
Commission will address a reasoned opinion to any Member State which has not communicated the
relevant national legislation at that stage.

(2001/C 235 E/219)

WRITTEN QUESTION E-0364/01

by Glyn Ford (PSE) to the Commission

(14 February 2001)

Subject: Xerox restructuring (cid:129) corporate tax

Xerox is currently in the process of restructuring its European Manufacturing Operations at Venrey, in
Holland, Mitcheldean in the UK and Dundalk in Ireland.

However, this restructuring is in danger of being distorted by the very low level of corporation tax levied
in Ireland which appears to act against the free movement of capital, goods, services and persons. Does the
Commission plan to intervene?

Answer given by Mr Bolkestein on behalf of the Commission

(30 March 2001)

It would be inappropriate to comment on the situation of an individual company and therefore this
response can only cover the situation in general. Generally speaking the effective rate of corporation tax is
the result of the rate of tax applicable, be it the general standard rate or in the case of certain qualifying
manufacturing activities in Ireland, a reduced rate, and the taxable base.

In July 1998 the Irish government announced that the general rate of corporation tax will progressively
decrease from 28 % (1999) to 24 % (2000), 20 % (2001), 16 % (2002), and to 12,5 % (2003). In the
absence of secondary legislation, the setting of the general statutory corporation tax rate is a matter for
individual Member States. Although this is subject to the obligation to comply with Community law, and
more particularly the EC Treaty provisions concerning the fundamental freedoms mentioned in the
question, the Commission does not consider that the (cid:145)low(cid:146) general statutory corporation tax rate in Ireland
infringes these.

However, the Commission did intervene against a sectorially different application of the Irish corporation
tax, which was considered to infringe EC Treaty provisions. In 1998 the Commission, under the State aid
control provisions, asked the Irish government to put an end to an unjustified sectorial differentiation of
the corporate tax rate in favour of
the manufacturing sector. The Irish government accepted the
Commission(cid:146)s proposal as an appropriate measure and this tax measure is currently being phased out.