WRITTEN QUESTION E-0363/03 by Roberta Angelilli (UEN) to the Commission. Holding company called Newco belonging to Rome City Council — doubts as to whether it complies with legislation on public services.
Date: 2003-02-12
Institutions: European Parliament, Provisional data
Subjects: Latium, application of EU law, decision-making, executive competence, holding company, local government, mixed-ownership company, services of general interest, supervisory power

C 268 E/96

Official Journal of the European Union

EN

7.11.2003

(2003/C 268 E/095)

WRITTEN QUESTION E-0357/03

by Christopher Huhne (ELDR) to the Commission

(12 February 2003)

Subject: Travellers

Is the Commission aware of the implications of recent legislative change, particularly in Ireland, that

1.
have caused an increase in traveller communities in neighbouring Member States?

2. Will the Commission describe these changes and also state whether they may potentially infringe any
Treaty provisions including the Copenhagen criteria and those on the right of establishment and freedom
of movement?

Answer given by Mr Vitorino on behalf of the Commission

(3 March 2003)

1.
According to the Commission’s information, the recent legislative change adopted in Ireland consists
in the insertion into the Housing Bill of a clause that has the effect of amending the Criminal Justice
(Public Order) Act, 1994, in such a way as to make trespass a matter for the criminal, as opposed to the
civil, courts. This amendment will mean that a landowner, believing himself to have been trespassed upon,
will be able to seek the assistance of the police, rather that fight his case alone through the civil courts.

The law will apply to people who seek to live temporarily on land that is not their own and therefore to
travellers if they incur in such behaviour. With the force of criminal sanction, the police will be able to
order persons trespassing to move on.

However, the Commission is not aware that this legislation has caused an increase in traveller communities
in neighbouring Member States.

2.
The Commission considers, on the basis of the information it has, that the above mentioned
legislation does not infringe any Treaty provisions including those relating to freedom of establishment and
freedom of movement.

(2003/C 268 E/096)

WRITTEN QUESTION E-0363/03

by Roberta Angelilli (UEN) to the Commission

(12 February 2003)

Subject: Holding company called ‘Newco’ belonging to Rome City Council (cid:1) doubts as to whether it

complies with legislation on public services

Rome City Council recently presented a draft decision setting up a limited company to be responsible for
the unified management of all the companies in which the Council has shares, many of which currently
carry out activities defined as services of general interest.

The Council’s share in these companies is substantial, even if it does not constitute total control, and
together they would form a group called the ‘Rome City Council Group’. It is supposed to ensure the
pursuit of public interests and justify the granting of special or exclusive rights for the execution of the
duties deriving from them.

However, the transaction envisaged by the Council would involve turning over all the shares held by the
Council to a new company which, although 97 % of it would be owned by the Council, envisages a
decision-making mechanism for fundamental issues which would not fully involve the Council. In actual
fact, the member representing the Council would be appointed by the Mayor and, contrary to the
provisions of Article 42(e) and (l) of the Unified Text governing local authorities (Legislative Decree

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Official Journal of the European Union

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No 267/2000), according to which decisions concerning fundamental acts relating to public services must
be adopted by the City Council, the Mayor would therefore be the only element of public control in the
management company.

In view of all this and the Commission’s increasing interest in improving the quality of general services in
Europe (cf. report COM(2001) 598, Communication COM(2000) 580 and a number of decisions on the
subject, including C(2001) 1684) can the Commission answer the following questions:

1. Does the transaction described meet the criteria and obligations laid down for the quality of general

services?

2.

Is the requirement of transparency, a priority in this sector, being respected by the statutes of the new
company, in particular as regards the decision-making structure?

3. Does the transaction not constitute an infringement of Article 16 of the EC Treaty on the principles

and conditions for carrying public service tasks?

Answer given by Mr Prodi on behalf of the Commission

(21 March 2003)

In its Communication on services of general interest in Europe (1) to which the Honourable Member is
referring, the Commission highlighted that the Member States have a wide margin to define what they
regard as a service of general economic interest and how this service should be operated. In the absence of
specific Community rules, these issues are first and foremost decided by the competent national, regional
or local authorities. This also implies that Community law does not question whether undertakings in
charge of providing general interest services should be public or private.

The case described by the Honourable Member appears to be covered by this principle which is also
underlying Article 16 of the EC Treaty. In particular, the Transparency Directive, Commission Directive 80/
723/EEC of 25 June 1980 on the transparency of financial relations between Member States and public
undertakings (2), only addresses the financial relations between public undertakings and public authorities
and the accounting of certain undertakings but does not cover the internal decision-making process within
an undertaking.

(1) COM(2000) 580 final.
(2) OJ L 195, 29.7.1980, as last amended by Commission Directive 2000/52/EEC of 26 July 2000, OJ L 193,

29.7.2000.

(2003/C 268 E/097)

WRITTEN QUESTION E-0385/03

by Patricia McKenna (Verts/ALE) to the Commission

(13 February 2003)

Subject: Building project in Elche and the Tabarca SCI (Valencian Community)

The Elche local authority has adopted an Integrated Action Programme (dated 25 March 2002) and a
building scheme (dated 27 January 2003) for sector AR-1, which involves building over 3000 tourist
accommodation units right next to a coastal wetland (Els Bassars-Clot de Galvany), a sand-dune system
(Dunas del Carabassí), and the traditional crop growing corridor which links the wetland with the dune
system, all of which are included in the Valencian Government’s proposed list of sites of Community
interest (SCIs) under the head ‘Tabarca’. Both the Integrated Action Programme and the building scheme
were adopted without any specific environmental impact procedure being carried out in accordance with
Directives 97/11/EEC (1) of 3 March 1997 and 92/43/EEC (2) of 21 May 1992.

The Else Bassars-Clot de Galvany wetlands and their surroundings are of particular importance as a bird
reserve, containing over 220 species, 70 of which have nesting status, including two species in danger of
extinction which appear in Annex I of Directive 79/409/EC (3) on the preservation of woodland birds: the
marbled teal (Marmoronetta angustirostris) and the white-headed duck (Oxyura leucocephala). The impact