WRITTEN QUESTION E-0482/01 by Herbert Bösch (PSE) to the Commission. Directives on the publication of company accounts and fundamental rights.
Date: 2001-02-21
Institutions: European Parliament, Provisional data
Subjects: balance sheet, company law, company with share capital, consolidated account, data protection, personal data, publication of accounts

21.8.2001

EN

Official Journal of the European Communities

C 235 E/213

In particular, Article 5(4) of Commission Regulation (EC) No 2777/2000 of 18 December 2000 adopting
exceptional support measures for the beef market (1) exempts hides from bovine animals aged more than
30 months and not subject to one of the approved BSE rapid tests, from being stained or destroyed,
provided that the hides are stored and treated separately from other hides in such a way that they can only
be used for leather production.

According to Commission Decision 98/272/EC of 23 April 1998 on epidemio-surveillance for transmis-
sible spongiform encephalopathies and amending Decision 94/474/EC (2) and to Decision 2000/764/EC of
29 November 2000 on the testing of bovine animals for the presence of bovine spongiform encephalo-
pathy and amending Decision 98/272/EC on epidemio-surveillance for transmissible spongiform encepha-
lopathies (3), all parts of the body, including the hide, of an animal which shows clinical signs giving rise to
a suspicion of a TSE, or of an animal examined by one of the approved BSE rapid tests, must be destroyed
if the diagnosis indicates the presence of TSEs or if the result of the test is positive.

(1) OJ L 321, 19.12.2000.
(2) OJ L 122, 24.4.1998, as last amended by Decision 2001/8/EC (OJ L 2, 5.1.2001).
(3) OJ L 305, 6.12.2000, as last amended by Decision 2001/8/EC (OJ L 2, 5.1.2001).

(2001/C 235 E/249)

WRITTEN QUESTION E-0482/01

by Herbert B(cid:246)sch (PSE) to the Commission

(21 February 2001)

Subject: Directives on the publication of company accounts and fundamental rights

There is a debate in Austria about the directives on the publication of company accounts (Council
Directive 68/151/EEC (1) of 9 March 1968, Council Directive 78/660/EEC (2) of 25 June 1978 and Council
Directive 83/349/EEC (3) of 13 June 1983) and fundamental rights. The question at issue is whether these
directives still comply with today(cid:146)s requirements in terms of data protection and public security.

When the directives were adopted, there was a need to ensure transparency. Since then, however, data
protection considerations have become increasingly important and, consequently, the directives should be
reviewed to see whether they reflect current needs.

What is the Commission(cid:146)s view of the relationship between the directives on the publication of company
accounts and European fundamental rights?

(1) OJ L 65, 14.3.1968, p. 8.
(2) OJ L 222, 14.8.1978, p. 11.
(3) OJ L 193, 18.7.1983, p. 1.

Answer given by Mr Bolkestein on behalf of the Commission

(23 April 2001)

The Directives on the publication of company accounts (1) require companies to publish their annual
accounts, but they do not require associates to disclose personal data. Only the emoluments of members of
the various bodies must be published, as a total figure for each category. Moreover, Member States may
authorise non-disclosure of this information if it enables the status an individual member of any of these
bodies to be identified (see Article 43(1), subparagraphs (12) and (13), of Directive 78/660/EEC).

The capital of the company is the ultimate safeguard for creditors. The disclosure obligation thus strikes
a balance between the legitimate interests of traders, who want to reduce their liability, and those of
creditors, who do not want to take any unwarranted risks.

C 235 E/214

Official Journal of the European Communities

EN

21.8.2001

Neither the Data Protection Directive (2) nor European fundamental rights have done anything to alter this
state of affairs or the legal situation. The Data Protection Directive does not apply to the processing of
personal data of natural persons. In addition, the Charter protects only natural persons and not legal
entities.

Consequently, the Commission takes the view that there is no conflict between the Directives on the
publication of company accounts and European fundamental rights, particularly the fundamental right to
data protection, and that there is therefore no need to revise the Directives on the publication of company
accounts.

(1)

First Council Directive 68/151/EEC of 9 March 1968 on co-ordination of safeguards which, for the protection of
the interests of members and others, are required by Member States of companies within the meaning of the second
paragraph of Article 58 of
the
Community, Fourth Council Directive 78/660/EEC of 25 July 1978 based on Article 54(3)(g) of the Treaty on the
annual accounts of certain types of companies, and Seventh Council Directive 83/349/EEC of 13 June 1983 based
on the Article 54(3)(g) of the Treaty on consolidated accounts.

the Treaty, with a view to making such safeguards equivalent

throughout

(2) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of
individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281,
23.11.1995).

(2001/C 235 E/250)

WRITTEN QUESTION E-0484/01

by Niels Busk (ELDR) and Elspeth Attwooll (ELDR) to the Commission

(22 February 2001)

Subject: State aid to support the fishing industry

Following the Commission(cid:146)s recent decision to consult a formal investigation into state aid schemes in
France and Spain, which are providing support to the fishing industry following increases in fuel prices,
can the Commission indicate what forms of state aid to the fishing industry would be compatible with the
competition rules of the single market?

Has the Commission been notified of state aid schemes in other Member States aimed at structural
assistance in the fisheries sector?

Answer given by Mr Fischler on behalf of the Commission

(21 March 2001)

State aid schemes for the fisheries sector are examined in the light of the Guidelines for the examination of
State aid to fisheries and aquaculture, whatever the grounds on which those schemes are justified. When
the fuel crisis arose last year, the Guidelines in force were those adopted by the Commission in 1997 (1)
and the Guidelines applying at the present time were adopted on 29 November 2000 (2).

These new Guidelines were drawn up in order, among other things, to take into account the new rules and
arrangements regarding Community structural assistance in the fisheries sector, adopted by the Council on
17 December 1999, Council Regulation (EC) No 2792/1999 (3). As provided for by Article 19(1) of that
Regulation, Member States have to notify the Commission of the aid schemes entering within the
framework of this structural assistance and therefore co-financed by the Financial Instrument for Fisheries
Guidance (FIFG).

Most of the Member States have, at the present time, begun to notify such co-financed aid schemes. Some
of them have already been adopted by the Commission.