WRITTEN QUESTION P-1824/01 by Esko Seppänen (GUE/NGL) to the Commission. Decision-making and constructive abstention in defence matters.
Date: 2001-06-20
Institutions: European Parliament, Provisional data
Subjects: EC Decision, abstentionism, decision-making, veto

C 350 E/232

Official Journal of the European Communities

EN

11.12.2001

Separately, the Commission is aware of an inquiry opened by the Office of Fair Trading (OFT) (cid:129) the
British competition authority (cid:129) into allegations that the major music companies are taking steps to
restrain parallel imports of CDs into the United Kingdom. The effect of such restrictions would be to
maintain artificially high prices for CDs in the United Kingdom. The Commission and the OFT are in
regular contacts on this issue.

The Commission believes that its active examination of the music sector is necessary given the highly
concentrated nature of the music market, and the benefits that competition can have for consumers. The
Commission will open further investigations if evidence emerges of competition law concerns.

(2001/C 350 E/262)

WRITTEN QUESTION P-1824/01

by Esko Sepp(cid:228)nen (GUE/NGL) to the Commission

(20 June 2001)

Subject: Decision-making and constructive abstention in defence matters

Title V, Article 23 of the Treaty of Amsterdam [Treaty on European Union] states that (cid:145)Decisions under
this Title shall be taken by the Council acting unanimously.(cid:146) This article also enshrines the principle of
(cid:145)constructive abstention(cid:146). How does the Commission interpret this passage? Can the Treaty be interpreted
as meaning that even a single Member State may (cid:129) in accordance with the requirement for unanimity (cid:129)
prevent the deployment of the Crisis Management Force for particular duties if it votes against the decision
and does not favour abstaining from taking a decision?

Answer given by Mr Patten on behalf of the Commission

(13 July 2001)

Theoretically, the unanimity rule does indeed mean that a single Member State could block a Council
decision. However, constructive abstention was introduced into the Treaty expressly to prevent such
stalemates. Any member of the Council abstaining is not obliged to apply the decision, but must accept
that the decision commits the Union. In a spirit of mutual solidarity, the Member State concerned refrains
from any action likely to conflict with or impede Union action based on that decision and the other
Member States respect its position.

(2001/C 350 E/263)

WRITTEN QUESTION P-1834/01

by Mihail Papayannakis (GUE/NGL) to the Commission

(18 June 2001)

Subject: Toxic substances in ship paint

Recent analyses carried out by Greenpeace in the ports of Piraeus and Thessaloniki have given readings for
TBT (a toxic substance contained in antifouling paints) in excess of the limits proposed by international
conventions.

the high toxicity of

In view of
the German Government had asked the
Commission to draw up a uniform European policy to restrict the use of TBT. Since that was not
forthcoming within the time limits set by Germany, however, the German Government decided in January
2001 to ban the use of TBT through national legislation. From 1 January 2003, therefore, TBT-based
paints will no longer be available in Germany.

this particular substance,

As the use of TBT in Greece and the other Member States is prohibited only on vessels shorter than 25 m
and on installations or equipment which are completely or partly below water, will the Commission issue
a general ban on that substance in view of the fact that less toxic substitutes are also available?