WRITTEN QUESTION P-2787/01 by Pietro-Paolo Mennea (PPE-DE) to the Commission. Pollution of the area around Castel del Monte.
Date: 2001-10-01
Institutions: European Parliament, Provisional data
Subjects: Apulia, complaint to the Commission, degradation of the environment, environmental law, forest, infringement of EU law

C 93 E/192

Official Journal of the European Communities

EN

18.4.2002

With regard to tax, the answer to the Honourable Member’s question relates to the application of Directive
83/182/EEC (1). It only ceased to apply on 31 December 1992 in respect of value-added tax, which has
been governed since then by the directives establishing the internal market in VAT (2).

For other taxes on means of transport, such as the registration tax, the tax for vehicles on entry into
service, etc., tax relief on the temporary private use of motor vehicles in a Member State other than the
one in which they were registered (the period of use is usually not more than six months in any
12 months) is dealt with in Article 3 of the Directive. The first condition for obtaining exemptions is that
the user of the vehicle must have his normal residence in a Member State other than the Member State of
temporary importation.

As tax exemptions for the temporary use of a vehicle depend, under current Community law, on the
Member State in which the user has his normal residence, a vehicle issued with a standard registration
plate in the Member State in question can be used temporarily in any other Member State without being
liable to taxation. On the other hand, if the vehicle was registered in a Member State other than the
Member State in which the user normally resides 2 for instance, by a self-employed person working in a
Member State other than the Member State of his residence (the situation referred to by the Honourable
Member) 2 the vehicle cannot be used in the Member State of his residence without paying taxes (except
VAT), unless the tax administration concerned has given its approval.

However, Article 5 of the Directive provides quite a satisfactory solution for people who work in one
Member State and reside in another: exemptions not subject to any time limit are granted where a private
vehicle registered in the country of normal residence of the user is used regularly for the journey from his
residence to his place of work in the territory of another Member State, and vice-versa.

The Commission has not carried out a systematic analysis of existing national laws and the way in
2.
which they apply to self-employed persons, but it will take into account this kind of issue in the follow-up
to its communication entitled A new internal market strategy for services (3). The first stage of this follow-
up will be to identify existing obstacles, the second to propose appropriate solutions.

(1) Council Directive 83/182/EEC of 28 March 1983 on tax exemptions within the Community for certain means of

transport temporarily imported into one Member State from another, OJ L 105, 23.4.1983.

(2) Council Directive 91/680/EEC of 16 December 1991 supplementing the common system of value-added tax and

amending Directive 77/388/EEC with a view to the abolition of fiscal frontiers, OJ L 376, 31.12.1991.

(3) COM(2000) 888 final.

(2002/C 93 E/228)

WRITTEN QUESTION P-2787/01

by Pietro-Paolo Mennea (PPE-DE) to the Commission

(1 October 2001)

Subject: Pollution of the area around Castel del Monte

According to reports which have appeared in the Italian press, at Andria (Puglia) an area in the Finizio
woods near Castel del Monte is affected by severe and ongoing environmental degradation which is
causing extensive damage to the local ecosystem and ruining the landscape.

The local authorities and the local inhabitants, who often visit the area, are extremely concerned about this
situation.

Would the Commission agree that this state of affairs is damaging the local environment and disfiguring
the landscape of an area of which is of great natural and, at the same time, historical importance, owing to
its proximity to Castel del Monte?

18.4.2002

EN

Official Journal of the European Communities

C 93 E/193

Furthermore, does it intend to respond to this situation 2 which, unfortunately, is also to be found in
many other areas 2 by setting up a permanent monitoring centre with a view to determining exactly how
widespread such environmental pollution is?

Answer given by Mrs Wallström on behalf of the Commission

(24 October 2001)

The Commission’s powers are limited to those conferred on it by the EC Treaty,
it is
responsible for ensuring that Community law is properly applied within all Member States. On the basis of
Article 211 (ex Article 155) of the EC Treaty, ‘in order to ensure the proper functioning and development
of the common market, the Commission shall ensure that the provisions of this Treaty and the measures
taken by the institutions pursuant thereto are applied’. On the basis of Article 226 (ex Article 169) of the
EC Treaty ‘if the Commission considers that a Member State has failed to fulfil an obligation under this
Treaty, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity
to submit its observations. If the State concerned does not comply with the opinion within the period laid
down by the Commission, the latter may bring the matter before the Court of Justice.’ The Commission
has a discretionary power in deciding whether to initiate such a procedure (1).

in particular,

On the basis of the information given by the Honourable Member, and in the absence of any details
concerning the environmental degradation that
the
Commission is not in a position to assume that there is a likely breach of Community law.

is taking place or the damage being caused,

The Commission cannot be aware of all situations which are likely to be considered as a bad application of
environmental Community law by the Member States. Such situations are normally drawn to the attention
of the Commission by letters of complaint, Parliamentary Written Questions and Petitions to the Petitions
Committee of the Parliament. However, situations claimed to be inconsistent with the relevant Community
law need to be precisely described so as to enable the Commission to assess them in relation to applicable
Community environmental law.

(1) Priorities and criteria governing the Commission’s discretionary power are listed in the Fourteenth annual report on

monitoring the application of Community law 2 1996, in OJ C 332, 3.11.1997.

(2002/C 93 E/229)

WRITTEN QUESTION E-2791/01

by Stavros Xarchakos (PPE-DE) to the Commission

Subject: EuroNews agreement with the Commission

(9 October 2001)

In his reply of 19 July 2001 to my question No E-1700/01 (1), Commissioner Prodi stated that the
Commission had ‘concluded an agreement with EuroNews
in the form of a Memorandum of
Understanding for the production and broadcasting of audiovisual modules.’ Could the Commission
provide me with a copy of that memorandum?

(1) OJ C 350 E, 11.12.2001, p. 212.

Answer given by Mr Prodi on behalf of the Commission

(21 November 2001)

Following close collaboration with the Parliament, a new Convention has recently been signed with
EuroNews. The association of the Parliament is clearly stated in the text of the Convention.

In view of this association, a copy of the Convention is lodged in the Parliament. The Honourable Member
is, therefore, advised to seek a copy of the Convention from the services of the Parliament.