WRITTEN QUESTION E-2204/02 by Marco Cappato (NI) to the Commission. Freedom of expression and the Internet.
Date: 2002-07-22
Institutions: European Parliament, Provisional data
Subjects: EU Charter of Fundamental Rights, Holy See, Internet site, Italy, censorship, church-State relations, freedom of expression

6.3.2003

EN

Official Journal of the European Union

C 52 E/137

3. what legislative measures exist in general in the EU in this field and, in particular, which ones may
come into consideration in connection with the activities of the high-level group (referred to in Mrs de
Palacio’s answer) to which representatives of the civil aviation sector in the Member States belong and
which is responsible for advising the Commission about the direction to be taken when reforming air
traffic control?

(1) OJ C 113 E, 18.4.2001, p. 160.

Answer given by Mrs de Palacio on behalf of the Commission

(3 October 2002)

The Commission has made safety one of its priorities in the transport sector and has already implemented
a raft of measures designed to increase air transport safety. In particular, the Commission plans to look
into whether transferring air safety activities to the European Aviation Safety Authority (EASA) would
improve air safety in Europe.

With regard to air safety, the Commission in October and December 2001 submitted to the Parliament
and the Council four legislative proposals (1) with a view to establishing the single European sky: a
regulation on the creation of the single European sky, a regulation on the provision of air navigation
services, a regulation on the organisation and use of airspace and a regulation on interoperability. These
proposals are intended to improve the organisation of air navigation while maintaining and improving
safety levels. Both the Commission and the Member States are constantly restating the need for safety. It is
an area of particular interest in all discussions. The Commission is convinced, furthermore, that the
fragmentation between systems (currently the rule in Europe when moving from the airspace of one
Member State to another) is a significant factor increasing risks and hence compromising safety. The
proposals creating the single European sky will improve the safety of air traffic management by reducing
the fragmentation between systems.

The proposals are still before the Council and the Parliament, but the Barcelona European Council called
on the co-legislators to adopt the proposals quickly in order to make it possible to create the single
European sky by the end of 2004.

In September, the plenary part-session of the European Parliament (3 September 2002) voted at first
reading in favour of the single sky package, by and large endorsing the Commission’s approach.

(1) COM(2001) 123 final and COM(2001) 564 final.

(2003/C 52 E/157)

WRITTEN QUESTION E-2204/02

by Marco Cappato (NI) to the Commission

(22 July 2002)

Subject: Freedom of expression and the Internet

Following the publication on 25 October 2000 of a report in the ‘Osservatore Romano’ (cid:1) the daily
newspaper of the Roman Curia (cid:1) of an article on ‘blasphemous’ websites, the Italian financial police, after
about two years’ investigations, has ordered the shutdown of five US-based Internet sites.

Does not the Commission consider that these provisions are contrary to freedom of expression, as
guaranteed by the international instruments concerning human rights, in particular Articles 6 and 7 of the
Treaty on European Union and the Charter of Fundamental Rights? If so, what steps does it intend to take?

C 52 E/138

Official Journal of the European Union

EN

6.3.2003

Answer given by Mr Vitorino on behalf of the Commission

(3 September 2002)

Freedom of expression is recognised in particular by Article 10 of the European Convention for the
the Union Charter of
Protection of Human Rights and Fundamental Rights and by Article 11 of
Fundamental Rights of the European Union, to which the Honourable Member refers.

However, exercise of that freedom may,
restricted provided that certain conditions are met.

in accordance with the two aforementioned instruments, be

Any restrictions must be laid down by law and must constitute measures necessary in a democratic society
to protect legitimate public interests.

Assessment as to whether those conditions are met must be carried out on a case-by-case basis.

As for the Internet sites mentioned, the Honourable Member does not provide sufficient details for an
assessment to be carried out.

The Commission is monitoring closely developments regarding Internet communications and will, should
the need arise, take any appropriate measures under the powers vested in it.

(2003/C 52 E/158)

WRITTEN QUESTION E-2208/02

by Christoph Konrad (PPE-DE) to the Commission

(22 July 2002)

Subject: Anti-competitive methods used when the weight of non-Austrian coaches is being checked in

Austria

From the point of view of competition, what is the Commission’s opinion of the fact that non-

1.
Austrian double-axle coaches are regularly pulled over in Austria for a weight check?

Should excess weight be determined, the Austrian police direct the coach companies involved to a
2.
specific subcontractor which (alone) has an office actually on the site of the authorities’ weigh station.
What is the Commission’s reaction to such anti-competitive reference to a specific undertaking, especially
in situations where the foreign coach companies have no realistic alternative (e.g. at night)?

3. What is the Commission’s view of the fact that the service provider referred to will supply the
‘penalised’ coach companies with extra coaches in order to reduce the rate only at rates which are well
above market rates? Is the Commission aware that, in addition, the service provider referred to does not
provide the service agreed? In one instance reported to me, the subcontractor made the German travellers
who had changed to one of his coaches alight therefrom before they had reached the Europe Bridge,
thereby saving himself the cost of additional mileage and the Brenner motorway toll, although those
amounts had been included in the price charged (EUR 650 + EUR 130 VAT).

4. What is the Commission’s view of such distortion of competition? Has the Commission received
other complaints of this nature, for example from the Netherlands?

Has a specific decision already been taken on this issue or consideration given to other ways in

5.
which such anti-competitive conduct may be punished?

Answer given by Mrs de Palacio on behalf of the Commission

(16 September 2002)

In carrying out such checks on both heavy goods vehicles and coaches, Austria is applying Community
provisions on road transport between Member States,
including Directive 96/53/EC on the weights,
dimensions and certain technical features of heavy goods vehicles (1), Directive 96/96/EC on roadworthi-
ness tests for motor vehicles and their trailers (2), and Regulations (EEC) No 3820/85 (3) and No 3821/85 (4)
on the harmonisation of certain social legislation relating to road transport and on recording equipment.