WRITTEN QUESTION E-0573/02 by Carlo Fatuzzo (PPE-DE) to the Commission. The plight of dogs in Bucharest.
Date: 2002-03-01
Institutions: European Parliament, Provisional data
Subjects: Community acquis, Romania, accession criteria, accession to the European Union, competence of the Member States, domestic animal, protection of animals, urban problem

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Official Journal of the European Union

EN

6.2.2003

(2003/C 28 E/038)

WRITTEN QUESTION E-0541/02

by Reino Paasilinna (PSE) to the Commission

(27 February 2002)

Subject: Dominant position in the Italian broadcast media

Through his companies Silvio Berlusconi owns three out of the six Italian national television channels.
Their audience share has climbed to about half. As prime minister he also has power over the three
channels operated by the country’s public service broadcasting corporation (RAI). According to press
reports he intends to bring their operations into line with the output of his own channels. He will thus be
in a position to influence an estimated 90 % of his country’s national television broadcasting.

In addition, according to various information Berlusconi owns 38 % of Italy’s magazines and 30 % of its
publishing business and also has interests in the film, video, and Internet industries.

What does the Commission propose to do about the manifestly dominant position emerging in the Italian
broadcast media? Does the current situation conform to Union competition regulations?

Answer given by Mr Monti on behalf of the Commission

(24 April 2002)

A dominant position by an undertaking may be relevant in terms of Community competition law under
Article 82 of the EC Treaty and/or under Council Regulation (EEC) No 4064/89 (1) hereafter the Merger
Regulation.

Article 82 of the Treaty prohibits the abuse of a dominant position by an undertaking, not the existence of
a dominant position as such. Such abuse may, for example, consist in directly or indirectly imposing unfair
purchase or selling prices or other unfair trading conditions; limiting production, markets or technical
development to the prejudice of consumers; applying dissimilar conditions to equivalent transactions with
other trading parties, thereby placing them at a competitive disadvantage; or making the conclusion of
contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or
according to commercial usage, have no connection with the subject of such contracts.

Article 2(3) of the Merger Regulation empowers the Commission to declare as incompatible with the
common market a concentration which creates or strengthens a dominant position as a result of which
effective competition would be significantly impeded in the common market or in a substantial part of it.

In the context of the question raised by the Honourable Member, it should be recalled that Article 21(3) of
the Merger Regulation expressly allows for measures by the Member States in order to protect plurality of
the media and that other rules do not contain any specific provisions on media ownership restrictions.

At this stage of information, none of the conditions set out would seem to apply to the situation raised by
the Honourable Member.

(1) Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between
undertakings, (OJ L 395, 30.12.1989), as amended by Council Regulation (EC) No 1310/97 of 30 June 1997
(OJ L 40, 13.2.1998).

(2003/C 28 E/039)

WRITTEN QUESTION E-0573/02

by Carlo Fatuzzo (PPE-DE) to the Commission

(1 March 2002)

Subject: The plight of dogs in Bucharest

Romania has applied for membership of the European Community, which is based on law and the civic
sense of the population.

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Official Journal of the European Union

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Stray dogs are being treated in a barbaric way in Bucharest, in that they are rounded up and transported
(cid:1) if they survive the journey (cid:1) to large-scale municipal kennels, where they are brutally killed by an
injection of magnesium sulphate.

The method adopted by the Basescu city council to eliminate the stray dogs living in the city by catching
them and killing them, after abandoning the previous policy of sterilisation, is ineffective, since it does not
tackle the root causes of the problem. Mass sterilisation could remedy or at least contain the problem.

The Basescu administration is not infringing any Romanian law, but has adopted an ethically unacceptable
approach, since Romania,
in the context of its accession to the EC, should comply with Community
legislation on the protection of animals.

Does the European Community not intend to ascertain whether the behaviour of the Bucharest city
council and Romanian law are in line with the ‘acquis communautaire’, to which Romania will soon have
to adhere as a candidate for accession to the European Union?

Answer given by Mr Verheugen on behalf of the Commission

(3 April 2002)

The European Union has opted for high standards of animal protection. A protocol on the protection of
animals is annexed to the Treaty establishing the European Community, and Community legislation is in
force on the protection of wild animals, protection of animals used for experimental or scientific purposes,
animal welfare on the farm, during transport and at slaughter.

To the extent that Community law applies, Romania must naturally comply with her obligation to take on
the Community acquis in the course of her preparations for accession. However, many other questions,
such as the control of stray animals, fall within the exclusive competence of the Member States and
therefore the Commission is not in the position to address this issue with the Romanian authorities.

(2003/C 28 E/040)

WRITTEN QUESTION E-0580/02

by Alexandros Alavanos (GUE/NGL) to the Commission

(5 March 2002)

Subject: Assessment of the stability programme for Greece

The Commission’s assessment (30 January 2002) of the updated stability programme for Greece for the
period 2001-2004 reports that ‘The projected decline in the government debt ratio is slower compared
with the projections included in the 2000 stability programme: the debt ratio is set to decline from 99,6 %
of GDP in 2001 to 90 % of GDP instead of 84 % of GDP in 2004. Developments in the government debt
are persistently affected by financial operations; as these are partly not recorded in the budget, lack of
transparency raises doubt about the quality of the budgetary adjustment.’ The Ecofin Council, in approving
the updated stability programme, amended the Commission’s decision and invited the authorities ‘to
provide more detailed information on financial operations in future programme updates in order to allow
a better understanding of debt developments.’ What are the operations which, according to the
Commission’s communication, are not recorded in the budget? Is there government expenditure which is
recorded outside the general budget? What factors create lack of transparency and doubt about the quality
of budgetary policy?