WRITTEN QUESTION E-0302/02 by Eluned Morgan (PSE) to the Commission. Structural fund.
Date: 2002-02-11
Institutions: European Parliament, Provisional data
Subjects: EU Member State, EU control, EU financing, Structural Funds, audit, fraud, sanction (EU)

14.11.2002

EN

Official Journal of the European Communities

C 277 E/31

selective and exclusive distribution networks that have led to such problems in the past. Furthermore,
unlike Regulation (EC) No 1475/95, the general block exemption contains no ‘availability’ clause forcing
carmakers to supply dealers on the Continent with right-hand-drive vehicles for sale to British and Irish
customers; the Honourable Members will no doubt agree with the Commission’s analysis that such a clause
is a vital element of the Single Market.

Although Regulation (EC) No 2790/1999 would not have prevented manufacturers, or rather their dealers,
from providing good quality after-sales servicing, the Commission concluded that, in the absence of stricter
measures, competition between dealers and independent repairers would have been eroded,
to the
the general Regulation has no provisions guaranteeing
the consumer.
detriment of
independent repairers’ access to technical
information, makes insufficient provision for competition in
spare parts sales, and would allow manufacturers to prevent dealers from sub-contracting vehicle servicing
to other authorised repairers.

In particular,

The Commission’s evaluation report on Regulation (EC) No 1475/95 concluded that the Single Market was
not functioning as it should in the motor vehicle sector. To make the Single Market more effective, the
new draft Regulation prohibits the combination of selective and exclusive distribution and contains a
number of measures which will make it easier for consumers to purchase cars in other Member States. It
will also make it easier for retailers to sell vehicles overseas, and even open outlets in other areas of the
Union. The new draft also prohibits manufacturers from imposing many restrictions which have in the
past been used to prevent dealers from selling vehicles of other makes. The Commission will consider,
during the consultation procedure leading up to the definitive adoption of the new Regulation, whether it
is appropriate to include some kind of measure to make it easier for a dealer to sell their dealership to
another authorised dealer belonging to the same network. The Commission believes that taken together,
the proposed measures will make it easier for dealers to bridge frontiers, thereby reinforcing the Single
Market still further, to the benefit of all European consumers.

(1) A press release is available on the Commission’s website at http://europa.eu.int/comm/competition/car_sector/

distribution/#reform_proposal.

(2) OJ L 145, 29.6.1995.
(3) OJ L 336, 29.12.1999.

(2002/C 277 E/032)

WRITTEN QUESTION E-0302/02

by Eluned Morgan (PSE) to the Commission

(11 February 2002)

Subject: Structural fund

Why did the Commission not carry out any on-site visits to Member States during 2000 in order to review
the system for reporting irregularities connected with the structural funds?

Answer given by Mr Barnier on behalf of the Commission

(7 May 2002)

During 2000 the Commission carried out audits in the Member States on their application of Commission
Regulation (EC) No 2064/97 of 15 October 1997 establishing detailed arrangements for implementation
of Council Regulation (EEC) No 4253/88 as regards financial control by Member States of operations co-
financed by the Structural Funds (1). These were designed inter alia to assess compliance with Article 7 on
treatment of irregularities.

C 277 E/32

Official Journal of the European Communities

EN

14.11.2002

Following publication of Commission Regulation (EC) No 1681/94 of 11 July 1994 concerning
irregularities and the recovery of sums wrongly paid in connection with the financing of structural
policies and the organisation of an information system in this field (2)
the Commission gave the
Member States precise written instructions on the timetable and structure of the irregularity reports. It
plans a specific audit for each Member State on the notification system provided for by that Regulation
and on its information system.

(1) OJ L 290, 23.10.1997.
(2) OJ L 178, 12.7.1994.

(2002/C 277 E/033)

WRITTEN QUESTION E-0304/02

by Laura González Álvarez (GUE/NGL)
and Pedro Marset Campos (GUE/NGL) to the Commission

(11 February 2002)

Subject: Toxic cloud in Cartagena (Spain)

Cartagena (Spain) and its surroundings have suffered for many years from a high level of air pollution.
Cartagena is, in fact, one of the most polluted cities in Spain.

On Saturday 27th, an enormous cloud of apparently toxic matter was produced by the explosion of several
tonnes of chemical fertiliser composed of nitrogen, phosphorus and potassium stored in a silo belonging
to the Fertiberia company, in a petrochemical complex on the outskirts of the city. The cloud affected
some 6 000 people living nearby, and also spread to some parts of the city itself. Two of the firemen
involved in extinguishing the blaze had to be taken to hospital as a result of skin rashes caused by the
pollution. Furthermore, those affected by the cloud have complained about the tardiness with which the
authorities took the requisite emergency measures.

Is the Commission aware of this?

Do the products of the Fertiberia company fall within the scope of Directive 84/360/EEC (1) on the
combating of air pollution from industrial plants?

What action can the Commission take vis-à-vis the appropriate authorities to ensure that the latter
guarantee that the air quality limit values established by Directive 80/779/EEC (2), and the air quality
standards for nitrogen dioxide (Directive 85/203/EEC (3)) are respected?

What measures does the Commission suggest should be taken to prevent any recurrence of this type of
accident?

(1) OJ L 188, 16.7.1984, p. 20.
(2) OJ L 229, 30.8.1980, p. 30.
(3) OJ L 87, 27.3.1985, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(3 April 2002)

The Spanish authorities informed the Commission about the accident at the Fertiberia fertiliser production
plant in Cartagena, Murcia, on Wednesday 30 January 2002, thereby strictly complying with Article 15(1)
of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving
dangerous substances (1), also known as the Seveso Directive, which was transposed into Spanish law by
Royal Decree 1254/1999.

Article 15(1) states that ‘Member States shall
inform the Commission as soon as practicable of major
accidents which have occurred within their territory’ as soon as such accidents meet certain severity
criteria laid down in the Directive.