WRITTEN QUESTION P-1096/02 by Rainer Wieland (PPE-DE) to the Commission. Discrimination against Germans in Austrian hunting areas.
Date: 2002-04-09
Institutions: European Parliament, Provisional data
Subjects: Austria, Germany, anti-discriminatory measure, hunting, residence, tax system

6.3.2003

EN

Official Journal of the European Union

C 52 E/37

(2003/C 52 E/046)

WRITTEN QUESTION E-1094/02

by Paulo Casaca (PSE) to the Commission

(18 April 2002)

Subject: Management of ESF funds by the Madrid Institute for Employment and Business Training (IMEFE)

What is the situation as regards the public accusations of misappropriation of ESF funds at the IMEFE
relating to the 1994-1999 programming period, in particular with regard to:

1.

2.

3.

financial corrections;

suspected fraud;

action taken by the authorities responsible for combating abuses?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(13 May 2002)

The Unidad Administradora del Fondo Social Europeo (UAFSE) has informed the Commission that the
Intervención General de la Administración del Estado (IGAE) has finalised its audit report on the Madrid
Institute for Employment and Business Training (IMEFE), in which this department discovered irregularities
during the period 1994-1997 concerning a sum of EUR 3 783 033 from the European Social Fund (ESF).

Following the IGAE audit, the UAFSE began a further audit of the IMEFE (internal and external actions),
the financial conclusions of which could lead to even more significant corrections, although the
provisional report has not yet been sent to the Commission.

Following these provisional conclusions, the UAFSE informed the Commission that a further audit was
currently being carried out on the external courses ‘Asistencias Técnicas’ in order to increase the size of the
sample it had initially audited.

The UAFSE also informed the Commission that once it has the final audit reports it should be able to
establish the total amount concerned and to submit the relevant financial correction dossier to the
Commission at that stage.

In the meantime, the Commission is going to initiate a suspension procedure in application of Article 24
of Regulation (EEC) No 4253/88 (1).

(1) Council Regulation (EEC) No 4253/88 of 19 December 1988, laying down provisions for implementing Regulation
(EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and
with the operations of the European Investment Bank and the other existing financial
instruments. OJ L 374,
31.12.1988.

(2003/C 52 E/047)

WRITTEN QUESTION P-1096/02

by Rainer Wieland (PPE-DE) to the Commission

(9 April 2002)

Subject: Discrimination against Germans in Austrian hunting areas

Is it true that Austrian hunters (in this case in Mittelberg, Kleinwalsertal) pay a hunting tax of 15 % on the
lease for a hunting ground, whereas German hunters pay 35 %?

If so, does the Commission regard this as an instance of unequal treatment of German hunters vis-à-vis
(local) Austrian hunters?

What steps does the Commission plan to take?

C 52 E/38

Official Journal of the European Union

EN

6.3.2003

Answer given by Mr Bolkestein on behalf of the Commission

(17 May 2002)

Article 3 of the Land Vorarlberg law does provide for a 15 % hunting tax for Austrian residents and a 35 %
tax for non-residents.

But an amendment to this law, introducing a standard rate of 20 % for all EU residents, is currently going
through the Land Vorarlberg legislature. Its adoption will soon put an end to the discrimination referred to
by the Honourable Member, which does indeed conflict with Community law.

(2003/C 52 E/048)

WRITTEN QUESTION E-1126/02

by Astrid Lulling (PPE-DE) to the Commission

(18 April 2002)

Subject: Differences between wholesale prices excluding VAT in the European Union

The Commission recently presented a draft regulation on the application of Article 81(3) of the Treaty to
categories of agreements and concerted practices in the motor vehicle industry (1). One of the aims is to
align vehicle prices excluding taxes.

Traders in a number of sectors in Luxembourg have complained that their European suppliers (based
outside the Grand Duchy) are charging wholesale prices excluding tax much higher than those asked of
traders in other Member States.

A number of traders are obliged to purchase in particular countries and are unable to buy in other
countries where the same goods are cheaper. It even happens that products are distributed throughout
Europe from only one country and importers fix different prices in different Member States.

What does the Commission plan to do about these accusations, by analogy with the motor vehicle
proposal mentioned above?

Might not these practices be considered contrary to the principles of free movement of goods in the single
market and freedom of competition and to Article 81(1)(a) of the EC Treaty, which bans practices that
‘directly or indirectly fix purchase or selling prices or any other trading conditions’?

Is the Commission prepared to take legislative or other action to resolve this problem?

(1) OJ C 67, 16.3.2002, p. 2.

Reply given by Mr Monti on behalf of the Commission

(28 May 2002)

With regard to competition rules,
the motor vehicle distribution sector is at present governed by
Commission Regulation (EC) No 1475/95 of 28 June 1995 on the application of Article 85(3) of the
Treaty to certain categories of motor vehicle distribution and servicing agreements which expires on
30 September 2002 (1).

The proposal
for a new regulation on motor vehicle distribution, adopted by the Commission on
5 February 2002, aims to create the market conditions needed to increase competition in the sales and
after-sales markets.

The general approach of this proposal is based on the Commission’s new policy for the assessment of
vertical restraints, as set out in the recent Commission Regulation (EC) No 2790/1999 of 22 December
1999 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted
practices (2), and the related Guidelines (3).