WRITTEN QUESTION P-1424/03 by Bert Doorn (PPE-DE) to the Commission. Reserve funds for European inland waterway transport.
Date: 2003-04-15
Institutions: European Parliament, Provisional data
Subjects: Community acquis, Member States' contribution, application of EU law, enlargement of the Union, fund (EU), inland waterway fleet, inland waterway shipping, transport regulations

21.11.2003

EN

Official Journal of the European Union

C 280 E/141

On 10 March the same judge of the National Court decided to close temporarily for six months the
trading companies Egunkaria Sortzen SL and Egunkaria SA and the daily newspaper Euskaldunon
Egunkaria, and its premises, headquarters and establishments, and to suspend its activities for the same
period. The magistrate justified his decision arguing that ‘the whole framework or project is supposedly
managed and generated by ETA and responds to a terrorist strategy’. The charge that the newspaper is part
of the project and of the economic and cultural framework of the etarra cupola is based on documents
that had been seized from terrorists during 1992 (date of foundation of the newspaper).

Egunkaria was the only newspaper published completely in Euskera. The legal and political decision to
close it can entail a breach of freedom of expression if there is no specific evidence. Article 11 of the
Charter of Fundamental Rights of the EU on freedom of expression and information reads as follows:
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and
to receive and impart information and ideas without interference by public authority and regardless of
frontiers. 2. The freedom and pluralism of the media shall be respected.

On 26 March the ‘Association of minority daily newspapers in Europe’, which includes 32 newspapers,
gathered in Brussels. The Spanish authorities banned the director of Egunkaria, Martxelo Otamendi, from
attending.

Only two years ago the EU held the European Year of Languages, of all
languages, with the aim of
promoting linguistic diversity. Today, in view of this situation, we regret that a minority language such as
Euskera is suffering an additional problem and is encountering difficulties with expressing its identity after
the closure of the only newspaper published completely in this language at that moment. I would like to
point out the special importance that having a newspaper in your own mother tongue has for this type of
minority communities.

In view of this situation I would like to know: has the European Commission so far asked the pertinent
Spanish authorities for explanations, or is it planning to do so in the near future, in order to make sure
that no fundamental right is being violated and that this action has not been contrary to the EU policy of
promotion and respect for linguistic diversity in the Member States?

Answer given by Mr Vitorino on behalf of the Commission

(4 June 2003)

The Commission would refer the Honourable Member to its joint answer to Written Questions E-0641/03
and E-0672/03 by Mr Ebner and others (1).

(1) See page 75.

(2003/C 280 E/160)

WRITTEN QUESTION P-1424/03

by Bert Doorn (PPE-DE) to the Commission

(15 April 2003)

Subject: Reserve funds for European inland waterway transport

Reserve funds have been set up in recent years in the European inland waterway transport sector with the
aim of providing a cushion in the event of crises affecting the sector. The funds are financed by
contributions from the inland waterway transport sectors in the current EU Member States.

Following the forthcoming enlargement, the inland waterway transport sectors in the new Member States
would also be able to benefit from the reserve funds, despite having to date made no contribution to the
establishment of the funds.

Will the inland waterway transport sectors in the new Member States have access to these reserve funds
following the forthcoming enlargement?

C 280 E/142

Official Journal of the European Union

EN

21.11.2003

If so, does the Commission consider it fair that inland waterway transport in the new Member States will
be able to benefit from these reserve funds without itself having contributed to them?

If it does not regard this as fair, how does the Commission intend to prevent or limit claims of this kind?

Answer given by Mrs de Palacio on behalf of the Commission

(15 May 2003)

The inland waterways funds are governed by Council Regulation (EC) No 718/1999 of 29 March 1999 on
a Community fleet capacity policy to promote inland waterway transport (1).

Pursuant to Article 3 of that regulation, each Member State whose inland waterways are linked to those of
another Member State is required to set up an inland waterways fund under its national legislation. The
financing, management and use of the funds are governed by the regulation. The funds are financed by the
surplus funding from the structural improvement schemes for the Community fleets in the 1990s, special
contributions paid by the vessel owners under the ‘old-for-new’ rule, and financial resources which could
be made available in the event of serious disturbance of the inland waterway market. The funds’ resources
now stand at around EUR 38 million.

The use made of the funds is subject to the principles of mutual financial support and Community action.
Mutual financial support means that all the funds set up on the basis of the regulation are mutually
responsible for all the expenditure and resources, irrespective of the (national) fund to which the vessel
belongs (Article 3(6)). The principle of Community action means that the funds may be used to meet
financial obligations only if the measures in question are the subject of action at Community level
(Article 3(5)), which by definition covers all the Member States concerned by the regulation.

Following enlargement, Regulation No 718/1999, like all the other Community legislation concerning
inland waterways, will also apply to the new Member States under the same conditions as apply to the
existing Member States. The incorporation of this legislation into national law was not called into question
during the accession negotiations either by the Candidate States or by the Member States.

Consequently, the new States concerned will have the same rights and obligations deriving from the
regulation when they join the EU.

The Commission therefore considers that (cid:1) de jure and taking into account the principle of equal
treatment (cid:1) the new Member States’ fleets cannot be excluded from action at Community level financed
by the reserve funds for inland waterways provided they meet the conditions laid down.

(1) OJ L 90, 2.4.1999.

(2003/C 280 E/161)

WRITTEN QUESTION E-1439/03

by Gabriele Stauner (PPE-DE) to the Commission

(24 April 2003)

Subject: Reform of the disciplinary procedure

As part of the reform of the Staff Regulations, the Commission has proposed changes to the disciplinary
procedure.

At present, disciplinary proceedings that have been concluded can be re-opened, at the request of the
official concerned, and also on the initiative of the Appointing Authority, if there are new facts, supported
by relevant evidence, that cast a different light on the official’s behaviour.