WRITTEN QUESTION E-3089/02 by Antonio Di Pietro (ELDR) to the Commission. Safe Driving Centre in Luxembourg.
Date: 2002-10-28
Institutions: European Parliament, Provisional data
Subjects: Luxembourg, approval, competition law, driving instruction, infringement procedure (EU), monopoly, right of establishment

C 92 E/228

Official Journal of the European Union

EN

17.4.2003

Article 2 of the above Directive establishes the principle that labelling must not be such as could mislead
the consumer as to the characteristics of the foodstuff and,
identity,
properties, composition, quantity, durability, origin or provenance, method of manufacture or production.

in particular, as to its nature,

The national authorities continue to be responsible for monitoring compliance with these provisions and
for taking action if they ascertain any infringements.

The Commission would like to remind the Honourable Member that Regulation (EC) No 2026/2000 (3)
provides in particular for support for information programmes on the Community systems of protected
indications (PGIs) and traditional specialities
designations of origin (PDOs), protected geographical
guaranteed (TSGs).

Programmes such as these may be proposed by trade associations or inter-branch organisations or, in the
absence of a private initiative, by the Member States concerned.

(1) Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of
the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, OJ L 109,
6.5.2000.

(2) OJ L 33, 8.2.1979.
(3) Council Regulation (EC) No 2826/2000 of 19 September 2000 on information and promotion actions for

agricultural products on the internal market, OJ L 328, 23.12.2000.

(2003/C 92 E/287)

WRITTEN QUESTION E-3089/02

by Antonio Di Pietro (ELDR) to the Commission

(28 October 2002)

Subject: Safe Driving Centre in Luxembourg

In my written question E-0690/00 (1) on the rules applied in Luxembourg to the setting up of safe driving
centres in that country, I pointed out that the provisions in question clearly placed the Colmar Berg
Advanced Training Centre in a privileged position as a result of the application of rules specifically tailored
to that establishment.

The Commission looked into the matter, and decided to open infringement proceedings (No 1999/4982)
against Luxembourg on the basis of Article 226 of the EC Treaty. A letter of notification was sent to the
Luxembourg government on 12 September 2000, to which the government failed to provide a satisfactory
reply. A second letter was sent on 20 December 2001, to which the Luxembourg authorities have not yet
replied.

Effective discrimination continues to apply, therefore, since the monopoly position enjoyed by the centre,
which turns out to be a subsidiary of a holding company headed by the Austrian company ‘Test and
Training’, arises from national rules drawn up on the basis of the technical characteristics of the Colmar
Berg facility and geared solely to the services it offers. The rules in question discriminate against other
operators, as in order to be able to open a centre in Luxembourg they would be obliged to construct (cid:1)
needlessly, without any justification and at very great cost (cid:1) identical structures to those in Colmar Berg,
even though, as the Commission has pointed out, the characteristic features of that centre are not essential
to the safety of users.

Moreover, as it is obligatory to pass a safe driving course in order to obtain a driving licence in
Luxembourg, potential customers are in effect deprived of freedom of choice, as the Colmar Berg centre is
the only one there is.

Does the Commission intend to remedy this situation, which undermines the Community principles of
freedom of establishment and freedom to provide services and simultaneously creates a monopoly
position, in defiance of the rules of free competition? If so, when does it intend to send the Luxembourg
government a reasoned opinion, which is indispensable if the infringement procedure opened earlier is to
be pursued?

(1) OJ C 374 E, 28.12.2000, p. 135.

17.4.2003

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Official Journal of the European Union

C 92 E/229

Answer given by Mr Bolkestein on behalf of the Commission

(29 November 2002)

As the Honourable Member points out,
the Commission opened infringement proceedings against
Luxembourg in connection with rules laying down approval criteria for the provision of additional ‘post-
licence’ driving instruction.

That procedure gave rise to an exchange of several letters between the Luxembourg authorities and the
Commission. Following a detailed examination and evaluation of the numerous technical arguments put
forward by the Luxembourg authorities, the Commission is now studying evidence recently supplied by
the complainant.

It is analysing this complex information in the light of the EC Treaty, with particular reference to the
principle of freedom of establishment laid down in Article 43, in order to determine the need for, and
justification of, the rules applicable to facilities in which ‘post-licence’ training could be provided.

The Commission should be deciding very shortly on the action to be taken on this matter and will inform
the Honourable Member and the complainant of its decision without delay.

(2003/C 92 E/288)

WRITTEN QUESTION E-3102/02

by Roberta Angelilli (UEN) to the Commission

(29 October 2002)

Subject: Public day nurseries in Rome

The European Council’s discussions in Seville on 21 June 2002 and the recommendation it adopted
concerning the broad economic policy guidelines for the Member States and the Community showed that
the employment market in Italy still exhibited many shortcomings from an EU perspective, above all with
regard to the promotion of women’s employment.

One of the factors working against women’s employment is the lack of public childcare facilities, and in
particular of local day nurseries.

In Rome, for example, the number of childcare facilities is not sufficient to meet demand, which means
that few places are available for children and there are therefore long waiting lists. Until now, Rome City
Council has failed to effectively address the seriousness of the situation in the city, and childcare facilities
are still unavailable for around 5 000 children.

Could the Commission therefore state:

1. whether there are examples of good practice in this area;

2. whether there are any papers or studies concerning this area;

3.

its general opinion on this situation.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(27 November 2002)

1.
For examples of best practice, the Commission would refer the Honourable Member to a report
entitled ‘Care in Europe’ which includes an analysis of the strategies of all Member States on childcare. The
Commission is sending this report direct to the Honourable Member and to Parliament’s Secretariat.

Another report ‘Gender equality in the European Union: Examples of good practices (1996-2000)’ can be
found on the Commission’s website: http://europa.eu.int/comm/employment_social/equ_opp/docu-
ments_en.html.