WRITTEN QUESTION E-3074/01 by Carlos Bautista Ojeda (Verts/ALE) to the Commission. Discrimination in Spain against disabled pilots.
Date: 2001-11-12
Institutions: European Parliament, Provisional data
Subjects: Spain, aircraft, anti-discriminatory measure, crew, discrimination based on disability, sport

20.6.2002

EN

Official Journal of the European Communities

C 147 E/89

The Commission is aware of plans to develop Scapa Flow in Orkney as a hub port for Europe. It believes
that market forces will determine the choice of ports as well as the best system of hub ports and their links
to feeder ports.

State aid grants to dredging activities are not foreseen within the scope of maritime transport State aid
policy. Even though aid may be granted in a certain number of restricted circumstances in the form of
reduced rates of contributions for the social protection and of income tax for Community seafarers
working on board dredgers, such aid would normally not be related to the amount of dredging carried out.
It would rather be related to a genuine support for the employment of Community seafarers, as provided
for in the context of the Commission’s more general maritime transport State aid policy. However, should
public authorities wish to grant State aid in support of dredging activities as such, prior notification to the
Commission would be required.

(1) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora,

OJ L 206, 22.7.1992.

(2002/C 147 E/094)

WRITTEN QUESTION E-3074/01

by Carlos Bautista Ojeda (Verts/ALE) to the Commission

(12 November 2001)

Subject: Discrimination in Spain against disabled pilots

During the debates at the European Sports Forum held by the Commission in October this year one of the
issues raised was sport for the disabled and its importance as a factor in integration. The existence of so
many types and categories of sport, in particular sport at competition level, means that harmonisation is
needed in all the EU countries, with the Commission itself taking the initiative.

At the World Air Games in Andalucia this year we were able to see non-Spanish disabled sportsmen
completely integrated in the competition, flying on an equal footing with non-disabled sportsmen.

Spanish law does not allow disabled sportsmen to take the examinations to obtain a licence to engage in
various aerial sports.

Is the Commission aware of the discrimination suffered by disabled sportsmen in certain Member States,
who are denied the opportunity of obtaining a pilot’s licence, in contrast with other people with the same
degree of disability living in other EU countries?

Does the Commission consider that this fact constitutes discrimination against such sportsmen?

Answer given by Mrs Reding on behalf of the Commission

(21 December 2001)

As the Honourable Member pointed out, the Commission drew attention to the problems relating
specifically to sport for the disabled during the European Sports Forum held in Brussels on 17 and
18 October 2001. At this forum, the importance of sport as a factor in integration and the well-being of
disabled persons was emphasised, as was the need to remove obstacles to disabled people participating in
sport.

C 147 E/90

Official Journal of the European Communities

EN

20.6.2002

Nevertheless, it should be borne in mind that discrimination on the grounds of disability is only covered
under Community law by Council Directive 2000/78/EC of 27 November 2000 establishing a general
framework for equal treatment in employment and occupation. The Directive is thus limited in scope. It
would therefore appear that the Commission has no power to intervene in the specific instance referred to
by the Honourable Member given that the discrimination concerned would not appear to be connected
with access to employment. However, given that the Commission does not have the full facts of the case
referred to by the Honourable Member, it is unable to set out its position definitively.

We would nevertheless draw the Honourable Member’s attention to the proposal for a Council Decision on
the European Year of People with Disabilities 2003 (1). The aim of this initiative is to promote better
understanding of disabilities and to encourage the active involvement of all interested parties at every level.
Finally, the Year will offer an opportunity for a series of initiatives aimed at raising awareness within
Europe of the problems faced by the disabled and at removing the obstacles preventing them from
participating fully in many aspects of daily life.

(1) OJ C 240 E, 28.8.2001.

(2002/C 147 E/095)

WRITTEN QUESTION E-3076/01

by Luis Berenguer Fuster (PSE) to the Commission

(12 November 2001)

Subject: The case concerning State aid for the ‘Terra Mítica’ theme park (Alicante) A loans granted

The report published by the audit office of the Valencian regional government concerning the company
Parque Temático de Alicante SA (SPTA) specifies the details of the loan of ESP 8 million combined with the
Valencian Government’s bank guarantee at the variable MIBOR (Madrid Interbank Offered Rate) plus 0,75
points. The loan is being used to finance the loan of the same amount which SPTA is in turn granting to
Terra Mítica SA at the variable MIBOR plus 1,50 points. This loan is subject to a syndicated loan of
ESP 18 500 million arranged by Terra Mítica with various financial institutions. The conditions are that
Terra Mítica SA will meet the commitments deriving from the loan granted by SPTA only if all the
obligations deriving from the syndicated loan have been met first.

Does the Commission consider that in this case the regional government (directly and via the public
company SPTA) is acting in accordance with the ‘private investor’ principle?

Does it consider that the benefit of 0,75 points is enough to justify the risk the operation entails?

Answer given by Mr Monti on behalf of the Commission

(10 January 2002)

In its decision initiating proceedings under Article 88(2) (former Article 93(2)) of the EC Treaty with regard
to suspected aid for the Terra Mitica Park at Benidorm, Alicante (1), the Commission expresses doubts
about the terms of the aid to which the Honourable Member refers (2). Accordingly, no answer can be
given to the two questions put by the Honourable Member (see E-3077/01) until a final decision has been
taken.

(1) OJ C 300, 26.10.2001.
(2) See point 58 of the Decision.