WRITTEN QUESTION E-1198/02 by Mogens Camre (UEN) to the Commission. Road haulage companies with their registered places of business in Luxembourg.
Date: 2002-04-26
Institutions: European Parliament, Provisional data
Subjects: Luxembourg, application of EU law, competition law, head office, restriction on competition, right of establishment, road transport, tax relief, transport company

C 277 E/158

Official Journal of the European Communities

EN

14.11.2002

In declaration upon declaration, the EU proclaims its intention to create an area of peace, security and
justice. It may seem contrary to such designs for the EU to allow fundamentalist political forces, under the
guise of alleged religious faith, to call on Muslims in Europe to go to ‘holy war’ and to voice their support
for Islamic law, the atrocities of Sharia.

On 5 April 2002, during Friday prayers at a Copenhagen mosque, Imam Ahmed Abu Laban, whose
followers number between 10 000 and 15 000, called on his fellow believers to support their compatriots
at home who, he claimed, wanted ‘jihad’ and were willing to pay the price to liberate the Al Aqsa mosque
in Jerusalem. The newspaper Politiken reports him as saying ‘you must not believe that those killed in
combat are dead. They are alive with Allah and Allah bestows gifts upon them. We should think about
being active rather than passive.’ He added that Muslims should not rely on the UN or its Security Council
but should put their trust in Allah over the Middle East conflict.

Only a week earlier, the same imam had voiced his support for the use of Sharia to carry out the death
sentence imposed on a Nigerian woman, Safiya Hussaini, for adultery.

In a judgment of 31 July 2001 (cases 41340/98 and 41342/98), the European Court of Human Rights in
Strasbourg ruled that Sharia (Islamic law) is clearly contrary to the values set out in the Convention on
Human Rights. Nevertheless, the EU’s contribution has consisted in the main of one distorted report after
another from the so-called Observatory for Racism and Xenophobia vilifying anyone who voices
misgivings about the advance of fundamentalism in the EU.

Will the Council take steps to introduce legislation which ensures that any person inciting to ‘holy war’,
violence and violation of human rights is deported from the EU?

Reply

(22 July 2002)

The Council informs the Honourable Parliamentarian that no legislation of that kind is planned to be
introduced at EU level.

(2002/C 277 E/181)

WRITTEN QUESTION E-1198/02

by Mogens Camre (UEN) to the Commission

(26 April 2002)

Subject: Road haulage companies with their registered places of business in Luxembourg

Several European road haulage companies, including Danish ones, have their registered place of business in
Luxembourg, because of tax advantages and in order to evade national regulations on driving times, labour
agreements and safety requirements for lorries.

Can the Commission state how many European road haulage companies have their registered place of
business in Luxembourg, and whether these are simply ‘letterbox’ companies which do not really operate
from Luxembourg? What does it plan to do to combat
this practice, which manifestly distorts
competition?

14.11.2002

EN

Official Journal of the European Communities

C 277 E/159

Answer given by Mrs de Palacio on behalf of the Commission

(6 June 2002)

Current Community rules permit the freedom of establishment of road transport operators within the
Union and facilitate the mutual recognition by Member States of diplomas, certificates and other evidence
of formal qualifications to this effect. The choice of Member State of establishment is based on many
factors, amongst which may be tax rates, although for annual vehicle taxes Community-wide minimum
rates apply. Driving times are governed by common Community rules as are many of the vehicle safety
requirements.

In correspondence with the Luxembourg authorities, the Commission understands that 315 road haulage
firms were established in Luxembourg in 2000. The Commission initially expressed its concern to the
Luxembourg authorities following complaints from trade union sources at an apparent rise in ‘post-box’
companies set up in Luxembourg. The exact number of these companies is however unknown. Following
the ruling by the Court of Justice on 13 December 2001 (1) on a case brought by the Commission where
Luxembourg was condemned for not transposing Community rules on admission to the occupation of
road transport operator and the recent ‘Kralowetz’ case, the Luxembourg authorities have now indicated
that the relevant legislative proposals to address this situation will be treated with due urgency.

The Community rules (2) governing the establishment of road transport operators in Member States lay
down minimum qualitative conditions and also require the Member States to check regularly that these
conditions have been fulfilled. The common Community rules have been strengthened in 1998 and the
Commission has no plans at present to amend this legislation.

(1) C-107/01 Court ruling given 13 December 2001.
(2) Council Directive 98/76/EC of 1 October 1998 amending Directive 96/26/EC on admission to the occupation of
road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and
other evidence of
to freedom of
establishment in national and international operations, OJ L 277, 14.10.1998.

formal qualifications intended to facilitate for these operators the right

(2002/C 277 E/182)

WRITTEN QUESTION E-1207/02

by Antonio Tajani (PPE-DE), Guido Podestà (PPE-DE)
and Amalia Sartori (PPE-DE) to the Commission

(26 April 2002)

Subject: Light pollution

The continual increase in light pollution is reaching worrying proportions.

In Italy and many other European countries it is becoming increasingly difficult to distinguish the smaller
heavenly bodies and in some cases impossible even to see the Milky Way with the naked eye.

Apart from a pointless waste of energy and money, this phenomenon also has adverse effects on human
health (it can lead to problems of myopia and hormonal disturbances with potentially teratogenetic
effects), on fauna (influencing hunting, reproduction and migration habits) and flora (affecting photo-
synthesis and photoperiodism).

Equally important is the harm done to the scientific study of the cosmos, a branch of science which from
the very dawn of civilization has influenced, stimulated and fascinated mankind and helped it to develop.

Well-documented research predicts that, if nothing is done, the luminosity of the sky will increase at a rate
of 10 % per year.