WRITTEN QUESTION E-2171/02 by Paulo Casaca (PSE) to the Commission. Competition with agricultural production in the Azores as a result of the Poseima programme.
Date: 2002-07-18
Institutions: European Parliament, Provisional data
Subjects: Azores, EU aid, Madeira, agricultural trade, market, restriction on competition

C 277 E/256

Official Journal of the European Communities

EN

14.11.2002

(2002/C 277 E/284)

WRITTEN QUESTION E-2074/02

by Roger Helmer (PPE-DE) to the Commission

(12 July 2002)

Subject: UK manorial rights

Can the Commission please tell us whether the EU has any intention of drafting legislation affecting UK
manorial rights or whether any EU legislation in current progress would affect the rights of UK manors to
hold a market or fair, which current manorial rights entitle them to do?

Answer given by Mr Bolkestein on behalf of the Commission

(5 August 2002)

The Union has no intention of drafting legislation affecting United Kingdom manorial rights, nor does any
Union legislation in progress affect the rights of British manors to hold a market or fair.

It is to be noted, however, as far as the right to hold fairs and markets, (or the exercise of any other form
of economic activity) is affected by rules or regulations deriving from the State (including the Crown), local
or regional government, then those rules and regulations are, insofar as they affect the organisation of
markets or fairs by operators from other Member States, subject to the principle of the freedom to provide
services enshrined at Article 49 of the EC Treaty (1). Notwithstanding the latter, such rules and regulations
may be shown to be justified.

for further detailed information
As regards the holding of commercial
concerning such events,
referred to the Commission interpretative
Communication of 8 May 1998 concerning the application of the Single Market rules to the sector of
fairs and exhibitions (2).

trade fairs and exhibitions,
is

the Honourable Member

(1) See case C-439/99, Commission v Italy, 15 January 2002.
(2) OJ C 143, 8.5.1998.

(2002/C 277 E/285)

WRITTEN QUESTION E-2171/02

by Paulo Casaca (PSE) to the Commission

(18 July 2002)

Subject: Competition with agricultural production in the Azores as a result of the Poseima programme

Under the terms of Annex II of Regulation (EC) No 1453/2001 (1) the Autonomous Region of the Azores
is entitled to import a large number of food products free of customs duty or with third-territory status, in
particular products identical to those produced in the Azores, such as sugar, milk and meat, provided that
these products are not re-exported, with a number of exceptions, including that specified in Article 3(5) of
Regulation (EC) No 1453/2001.

According to this exception the re-export prohibition ‘shall not apply to trade flows between the Azores
and Madeira’.

By virtue of this provision products are being sold on the Azorean market at unbeatable prices after being
imported from the Autonomous Region of Madeira under the terms of
the Regulation. Can the
Commission therefore say whether it had this in mind when it promoted the amendment to Article 3(5) of
the Poseima Regulation?

If this was not the aim, does it not consider it should explain what its aim was, and prevent unfair
competition with agricultural products from the Azores,
in accordance with its powers to draw up
implementing regulations?

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Official Journal of the European Communities

C 277 E/257

Does the Commission not consider that using the Poseima programme to prejudice the position of the
Autonomous Region of the Azores compared with what it should be if the general provisions of the
Treaty were applied directly is contrary to the spirit and the letter of Article 299(2)?

(1) OJ L 198, 21.7.2001, p. 26.

Answer given by Mr Fischler on behalf of the Commission

(9 August 2002)

The Commission has asked the Member State concerned for information regarding the facts raised to by
the Honourable Member. It will inform him of its findings.

(2002/C 277 E/286)

WRITTEN QUESTION E-2173/02

by Michl Ebner (PPE-DE) to the Commission

(18 July 2002)

Subject: European identity document for the disabled

Different provisions apply in different parts of Europe as regards the issuing of identity documents
entitling the disabled to various facilities and privileges (e.g. use of parking spaces for the disabled and
cheap admission to museums and events).

In Italy, no such universally valid document even exists as yet.

As a result, EU citizens who have disabilities are often unable to take advantage of the appropriate facilities
and privileges in other European countries.

Is there a European identity document for the disabled which is recognised in all Member States and
entitles holders to the above-mentioned facilities and privileges?

If so, what is the legal basis for it? To whom should applications for the document be submitted, and what
documentary evidence has to be supplied with applications?

If not, might it not be worthwhile to introduce an identity document at EU level, for example an
international European identity document for the disabled?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(21 August 2002)

In accordance with the principle of subsidiarity, the decision concerning the definition of disability and
thus eligibility for disability cards is taken at national level. This means that the conditions for issuing a
disability card are laid down by each Member State and there is no mutual recognition of such cards
entitling holders to the various concessions available in Member States other than the one that issued the
card.

Under Community law the right to social assistance in another Member State depends on the personal
situation of the person involved. Therefore, in order to verify whether the refusal of concessions available
to holders of e.g. a German disability card to a holder of an Italian disability card constitutes an
infringement of Community law, it would be necessary for the Commission to have more details on the
particular case.

On a general basis, Article 12 (ex. Article 6) of the EC Treaty prohibits all discrimination on the grounds of
nationality within the scope of application of the EC Treaty. Thus, basic advantages for disabled people,
such as preferential parking spots or wheelchair facilities in airports, should be available to all disabled