WRITTEN QUESTION E-2027/01 by Alexandros Alavanos (GUE/NGL) to the Commission. Third party taxes in Greece.
Date: 2001-07-13
Institutions: European Parliament, Provisional data
Subjects: Greece, fiscal policy, quasi-fiscal charge, tax harmonisation

C 205 E/2

Official Journal of the European Communities

EN

29.8.2002

In Ministerial Circular 559/C 22103.1205 of 2 July 1996 the Italian Ministry of the Interior restricted the
operations of debt collection agencies to the territory of the province where an agency’s licence was issued
and its head office is based.

Can the Commission say whether the above restriction is compatible with the Treaties and the Community
legislation whereby Member States have undertaken to refrain from obstructing the freedom to provide
services, the heading under which debt collection for third parties in fact falls?

Supplementary answer
given by Mr Bolkestein on behalf of the Commission

(18 December 2001)

As announced in its initial answer to this written question, the Commission sent a request for information
to the national authorities concerning Italian rules in the field of extrajudicial debt collection activities in
Italy.

This request for information, which was made in February 2001, has so far remained unanswered.

The Commission feels that doubts remain about the compatibility of the Italian rules with Articles 43 (ex
Article 52) and 49 (ex Article 59) of the EC Treaty, which sanction the abolition of restrictions on the
fundamental freedom of establishment and the fundamental freedom to provide services in the internal
market respectively.

The Italian rules do, in fact, stipulate the general obligation for prior authorisation to carry out such an
activity and that the validity of this authorisation is limited only to the province in which it has been
issued by the provincial police authorities.

In the light of the relevant legal provisions in this matter and in the absence of any other information, it
would appear in particular that this arrangement applies to all operators 2 with no distinction made
between those established in Italy and those providing services 2 and that no account is taken therefore of
obligations already fulfilled by operators in their Member State of origin.

The Commission, having formally recorded the written question by the Honourable Member in the register
of complaints, will decide in the near future whether to send a letter of formal notice to Italy under the
infringement proceedings laid down in Article 226 (ex Article 169) of the EC Treaty.

(2002/C 205 E/003)

WRITTEN QUESTION E-2027/01

by Alexandros Alavanos (GUE/NGL) to the Commission

(13 July 2001)

Subject: Third party taxes in Greece

In its endeavour to harmonise taxes in the Member States, the Commission has taken Greece to the Court
of Justice for not having abolished its third party taxes, which are statutory financial charges, imposed on
persons or firms paying tax or conducting business, in order to give financial support to third parties.

Given that third party taxes constitute revenue for a number of insurance funds, such as the Farmers’
Security Organisation, sports associations and cultural organisations, will the Commission say:

1. how the organisations deprived of the revenue from third party taxes will be given support, and

2. what proposals it has put forward to remedy this situation?

29.8.2002

EN

Official Journal of the European Communities

C 205 E/3

Answer given by Mr Bolkestein on behalf of the Commission

(5 September 2001)

The question of the Honourable Member apparently refers to a court case involving Greece (case
1.
C-426/98) that is presently pending before the Court of Justice. The case concerns contributions in favour
of the lawyer’s welfare fund, insofar as they are levied in connection with the setting up of a company or
the increase of a company’s capital. The Commission considers that they are contrary to Article 10 of
Council Directive 69/335/EEC concerning indirect taxes on the raising of capital (1).

Apart from this issue of tax rules, which are harmonised at Community level, Member States remain free
to opt for the tax policies which they consider the most adequate, including the financing of organisations
by parafiscal taxes. Such tax policy must however respect the general principles of Community law.

2.

The Commission has no intention to make proposals in this field.

(1) OJ L 249, 3.10.1969.

(2002/C 205 E/004)

WRITTEN QUESTION E-2096/01

by Pat Gallagher (UEN) to the Commission

(13 July 2001)

Subject: Long-term management plans for important Community fish stocks

In the conclusions to its meeting of 18 June 2001 the Fisheries Council invited the Commission to develop
long-term management plans for important Community stocks. Will the Commission indicate how it is
is pursuing with
it state what contacts it
from the Council, and will
following up this request
representatives of the fishing industry in the Member States with regard to this matter?

Answer given by Mr Fischler on behalf of the Commission

(6 September 2001)

A number of long-term management plans are already in place. In particular, there are plans agreed with
Norway for stocks of cod, haddock, saithe, plaice and herring in the North Sea and for mackerel in the
north-east Atlantic. Similarly, there are already long-term plans, evolved within the International Baltic Sea
Fisheries Commission, for the management of cod, sprat and salmon in the Baltic. A management plan for
Baltic herring is still under discussion.

The essential elements of all these plans is to make decisions about the appropriate long-term fishing
mortality rate which corresponds to a long-term sustainable fishing. TACs will then be selected in each
future year to be in accordance with these fishing mortality rates.

The Commission wishes to spread this concept to other major fish stocks autonomous to the Community,
including stocks such as cod and hake that will be the subject of long-term recovery plans.

The Commission has recently issued a Communication on the rebuilding of cod and hake stocks, which is
intended to serve as a basis for discussion both with the fishing industry and the Member States before the
Commission finalises its proposals at the end of this year.