WRITTEN QUESTION E-0253/03 by Cristiana Muscardini (UEN) to the Council. Discontinuation of the Brussels-Milan overnight train service.
Date: 2003-02-05
Institutions: European Parliament, Provisional data
Subjects: Belgium, France, Italy, common transport policy, competence of the Member States, cross-border transport, frontier worker, rail network

18.9.2003

EN

Official Journal of the European Union

C 222 E/173

Answer given by Mr Bolkestein on behalf of the Commission

(20 March 2003)

Since France adopted legislation introducing a special tax on beers with an alcohol content of over
1.
8,5 % the Commission has received a number of complaints from breweries established in various Member
States which sell their beers in France. A letter was sent to the French authorities on 27 December 2002
drawing their attention to the repercussions of taxing (in France) sales of beers with an alcohol content of
over 8,5 % from other Member States. No formal reply has yet been received to this letter from France.
However it would appear that it has decided to suspend this tax.

The Commission is continuing its examination of the French legislation in the light of the EC Treaty and
secondary legislation. If it concludes that Community law has been infringed and if a satisfactory solution
cannot be found, the Commission will initiate the infringement procedure provided for in Article 266 of
the EC Treaty against France.

The Commission does not feel it can introduce a programme of general support for the production
2.
of non-industrial beers. The Commission has never been requested to do so by brewers of strong non-
industrial beers.

The Commission would also draw the Honourable Member’s attention to Article 4 of Council Directive 92/
83/EEC of 19 October 1992 on the harmonisation of the structure of excise duties on alcohol and
alcoholic beverages; (1)
this allows Member States to apply reduced rates to beer brewed by small
independent breweries. Brewers of strong non-industrial beers are very often small undertakings and are
therefore eligible for these reduced rates if the Member States in which they are established exercise this
option (the following States do so: Austria, Belgium, Denmark, Finland, Germany, Luxembourg, the
Netherlands, Portugal and the United Kingdom).

it should be added that

Finally,
in 1992 the Community introduced rules on the recognition and
protection at Community level of certificates of specific character for agricultural products and foodstuffs.
These are contained in Council Regulation (EEC) No 2082/92 of 14 July 1992 (2). Brewers of non-
industrial beers using traditional methods such as the ‘Trappist’ beers referred to by the Honourable
Member may apply to their national authorities for a Community certificate of specific character. However
such a certificate can only be granted for a particular product which satisfies the conditions laid down in
the Regulation and not for a general programme. Applications are examined on a case-by-case basis.

(1) OJ L 316, 31.10.1992.
(2) OJ L 208, 24.7.1992.

(2003/C 222 E/199)

WRITTEN QUESTION E-0253/03

by Cristiana Muscardini (UEN) to the Council

(5 February 2003)

Subject: Discontinuation of the Brussels-Milan overnight train service

At a time when Europe is enlarging eastwards and upgrading lines of communication would provide the
public with the first sign of genuine proximity, Belgium is managing to discontinue the overnight
couchette train service from Brussels to Milan, which also caters for vehicles. This service is run jointly
with the French, German, Luxembourg and Swiss railways and is of vital importance to Italian workers in
particular, who use this service in steady numbers. Should Belgium have been experiencing difficulties in
continuing operations on its section of the line, it could have sought contacts with the governments of the
countries rather than slashing the service. In view of this, can the Council urgently reinstate the Brussels-
Milan train service, thereby ensuring that the needs and expectations of Community citizens are met?

C 222 E/174

Official Journal of the European Union

EN

18.9.2003

Reply

(13 May 2003)

With respect to the matters mentioned in the Question by the Honourable Parliamentarian, the Council
informs her that issues concerning individual train operations do not fall under its competence.

In this respect, the Council refers to Community legislation currently in force, notably Articles 4 and 5 of
Directive 91/440/EEC on the development of the Community’s railways, as amended by Directive 2001/
12/EC; these articles prescribe the independent status of railway undertakings and their management
according to the principles which apply to commercial companies.

(2003/C 222 E/200)

WRITTEN QUESTION P-0254/03

by Ole Krarup (GUE/NGL) to the Commission

(29 January 2003)

Subject: Market access to port services

If the proposal for a directive on market access to port services is adopted in its current form, problems
will arise with upholding of the current rules on vessel safety and the working conditions of port workers
as a result of free access to ‘self-handling’.

That being so, how does the Commission propose to ensure that these rules are upheld? In particular, how
does the Commission consider that the continued existence of the Danish port workers’ agreements on pay
and working conditions (cid:1) including the working environment (cid:1) can be guaranteed for those affected by
self-handling when the directive enters into force?

Answer given by Mrs de Palacio on behalf of the Commission

(25 February 2003)

The Commission’s proposal for a Directive of the Parliament and of the Council on ‘Market Access to Port
Services’ (1)
imposed an obligation on Member States to take the necessary measures to ensure the
application of their social legislation. This basis has been reinforced by the Common Position (2). More
specifically, the Common Position’s text on self-handling explicitly states that it in no way affects the
application of national rules concerning employment and social matters, provided that they are compatible
with Community law and international obligations of the Community and the Member State concerned.
Further, as regards a service provider employing personnel of his own choice, the service provider must
fulfil the criteria laid down by the Member State in question again, of course, provided that they are
compatible with Community law.

Finally, article 19 of the Common Position states that ‘the Directive shall in no way affect the application of
the social legislation of Member States, including relevant rules on employment of personnel by service
providers taking over an authorisation as a result of a selection procedure. Social standards must not be
below those laid down by applicable Community legislation’.
these must comply with
Community law, including the rules and the principles of the EC Treaty.

In addition,

With regard to Danish port workers, the Danish social
therefore, in the way set out above.

legislation and/or collective agreements apply,

(1) OJ C 154 E, 29.5.2001.
(2) OJ C 299 E, 3.12.2002.