WRITTEN QUESTION E-0749/01 by Graham Watson (ELDR) to the Commission. The role of the Commission's Representations to third countries.
Date: 2001-03-13
Institutions: European Parliament, Provisional data
Subjects: European Commission, Member of the European Parliament, diplomatic representation, operation of the Institutions, third country

4.12.2001

EN

Official Journal of the European Communities

C 340 E/85

About 7 500 copies of the report have been distributed to professional and trade federations, as well as to
some institutions of national and local government, libraries, schools, and universities.

A number of the recommendations, which are part of the latest ISF report, have been taken up and turned
into concrete actions in the context of the eEurope initiative, and in particular those concerning cheaper
access to electronic networks, life-long learning, government on-line and European digital content.

For the time being the Commission is not planning a specific Communication on the basis of such a report
but it is studying alternative ways of implementing its main recommendations.

The Commission is currently examining the ways to raise the profile of the Information Society Forum in
the context of diminished human and financial resources at its disposal for the support of the Forum.

(2001/C 340 E/098)

WRITTEN QUESTION E-0748/01

by Nicholas Clegg (ELDR) to the Council

(15 March 2001)

Subject: Launching a case under the WTO(cid:146)s dispute settlement procedures (133 Committee decision)

When a decision is taken in the 133 Committee to launch a case within the WTO(cid:146)s dispute settlement
procedures, are the details of the decision recorded in writing? If not, why not? If such records to exist, are
they made available to the public? If not, why not?

Reply

(13 July 2001)

1.
The Council would give a reminder that decisions concerning the common commercial policy are
adopted, in accordance with Article 133 of the Treaty, by the Council acting on the basis of Commission
proposals or recommendations.

2.
The Council would also point out to the Honourable Member that the results of the Article 133
Committee(cid:146)s proceedings are recorded in writing in documents of the Council General Secretariat and that
public access to Council documents is covered by Council Decision 93/731/EC of 20 December 1993, as
amended by Council Decisions 96/705/EC of 6 December 1996 and 2000/527/EC of 14 August 2000,
laying down the cases in which confidentiality must be maintained, especially in commercial and industrial
matters.

(2001/C 340 E/099)

WRITTEN QUESTION E-0749/01

by Graham Watson (ELDR) to the Commission

(13 March 2001)

Subject: The role of the Commission(cid:146)s Representations to third countries

What instructions as the Commission given to its representatives in its foreign missions throughout the
world concerning the reception of visiting parliamentarians?

C 340 E/86

Official Journal of the European Communities

EN

4.12.2001

Answer given by Mr Patten on behalf of the Commission

(16 May 2001)

On the occasion of official visits (e.g. by the President, a Vice-President, or by the President of
a Parliamentary Delegation or Committee) of the Parliament to third countries the Delegation of the
Commission, in co-ordination with the services of the Parliament and through the intermediary of the
Commission services in Brussels, provides assistance in the preparation of the visit.
It also provides
briefings and, as far as possible, logistic support. The Head of Delegation, as a general rule, accompanies
such visits throughout their duration. The Delegation also organises contacts with the media and, where
possible, organises a reception for the Parliamentary visitor(s). The Delegation also provides follow-up
information on the results of the visit, notably the reactions of the local media.

For unofficial visits or visits from a single Parliamentary group, the visiting Member of the European
Parliament or the competent bodies of the European Parliament inform the Commission of the visit and of
the help that is requested. The Delegation responds to these requests as instructed by the Commission
services and far as it is able to. In these cases as a general rule the Delegation does not take initiatives vis-(cid:224)-
vis the government.

(2001/C 340 E/100)

WRITTEN QUESTION E-0763/01

by Mogens Camre (UEN) to the Commission

(13 March 2001)

Subject: Tax on second-hand cars imported from other EU countries

On 22 February 2001, the European Court of Justice handed down judgment in Case C-393/98. According
to this judgment, Portugal is not entitled to tax second-hand cars imported from other EU countries.

Danish legislation seeks to discourage second-hand car imports from other European countries by levying
a registration duty determined according to the estimated value of the imported car. Duty is calculated on
the basis of prior valuation and subsequent inspection.

The duty in question can vary significantly but is usually about 200 %. There are documented cases of
500 % duty being charged, which is clearly prohibitive even with Denmark(cid:146)s already high taxes on new
cars.

Can the Commission state whether it considers the above judgment regarding Portugal to be applicable, by
analogy, to the Danish duty on imported second-hand cars?

Answer given by Mr Bolkestein on behalf of Commission

(18 June 2001)

The Commission confirms that
Justice on
22 February 2001 in Case C-393/98, Gomes Valente, may have implications beyond the actual dispute
referred to the Court for a preliminary ruling.

it believes the judgment handed down by the Court of

The following points in particular emerge from the Commission(cid:146)s initial analysis:

(cid:129) The Court states that in order to avoid the administrative burden inherent in a system in which actual
is determined by an assessment or expert examination of every vehicle, a Member State might be able
to establish, by means of fixed scales determined by statute, regulation or administrative provision and
calculated on the basis of criteria such as a vehicle(cid:146)s age, kilometrage, general condition, method of
propulsion, make or model, a value for second-hand vehicles which, as a general rule, would be very
close to their actual value.

(cid:129) The Court insists that even under a new system taking the above factors into account an individual

must be able to challenge the administration(cid:146)s assessment.