WRITTEN QUESTION P-1556/03 by Maurizio Turco (NI) to the Commission. Proceedings launched under Articles 85 and 226 of the Treaty establishing the European Community in respect of Italian companies and the Italian Government.
Date: 2003-05-02
Institutions: European Parliament, Provisional data
Subjects: European Commission, Italy, activity report, application of EU law, competition law, infringement of EU law, infringement procedure (EU)

C 51 E/108

Official Journal of the European Union

EN

26.2.2004

With regard to transfer of allowances, the Common Position allows transfers between operators within a
Member State or between Member States without restrictions beyond those provided for by the Kyoto
Protocol and decisions thereunder, and initial allocations are made to operators rather than installations.

In conclusion, the introduction of a EU-wide market for emission allowances should not be considered as
an obstacle to the restructuring of the steel sector.

(2004/C 51 E/120)

WRITTEN QUESTION P-1553/03

by Lord Inglewood (PPE-DE) to the Council

(2 May 2003)

Subject: Export of cultural goods

When does the Council intend to review the effectiveness of Council Regulation (EC) No 3911/92 (1) on
the export of cultural goods?

(1) OJ L 395, 31.12.1992, p. 1.

Reply

(2 October 2003)

According to the Regulation (CEE) no 3911/92 the Commission submits a report of the application of the
Regulation. The last report of the Commission was submitted in May 2000, thus the following report is
due in 2003. The Council will examine the report on the application of the Regulation after having
received the next Commission report.

(2004/C 51 E/121)

WRITTEN QUESTION P-1556/03

by Maurizio Turco (NI) to the Commission

(2 May 2003)

Subject: Proceedings launched under Articles 85 and 226 of

the Treaty establishing the European

Community in respect of Italian companies and the Italian Government

In the light of its reply to Written Question P-0770/03 (1),

given that under Article 85 of the EC Treaty the Commission, ‘on application by a Member State or on its
own initiative, and in cooperation with the competent authorities in the Member States, who shall give it
their assistance, (…) shall investigate cases of suspected infringement’, and

since Article 226 of the EC Treaty states that ‘if the Commission considers that a Member State has failed
to fulfil an obligation under this Treaty, it shall deliver a reasoned opinion on the matter after giving the
State concerned the opportunity to submit its observations’,

would the Commission answer the following questions:

(cid:1) has it launched proceedings, under Article 85 of the EC Treaty and during the current parliamentary
term, relating to suspected infringements on the part of Italian companies? What are the suspected
infringements and how many cases are involved? Were the proceedings initiated on application by a
Member State or on the Commission’s own initiative? Which proceedings are still open?

(cid:1) during the current parliamentary term, what proceedings has the Commission launched under
Article 226 of the EC Treaty in respect of suspected infringements by the Italian Government of the
obligations laid down in the Treaty, and how many cases are involved? Which of those proceedings
have been closed, which of them have led to a request for Italy to submit its observations and which
of them have led to the issue of a reasoned opinion?

(1) OJ C 33 E, 6.2.2004, p. 79.

26.2.2004

EN

Official Journal of the European Union

C 51 E/109

Answer given by Mr Monti on behalf of the Commission

(12 June 2003)

During the current parliamentary term the Commission has not launched any proceedings under Article 85
of the EC Treaty, with regard to Italian companies, nor are there any pending proceedings. Article 85 has
been to a large extent out of use since the adoption of Council Regulation No 17 of 6 February 1962, First
Regulation implementing Articles 81 and 82 of the Treaty. With regard to investigations under Regulation
17, the Commission would refer the Honourable Member to its annual reports on the application of the
competition rules in the European Union for 1999, 2000 and 2001. These reports are accessible via
internet under http://europa.eu.int/comm/competition/annual_reports/.

With regard to infringement proceedings under Article 226 of the EC Treaty, the Commission would refer
the Honourable Member to the annual reports to Parliament on monitoring the application of Community
law relating to 1999 (1), 2000 (2) and 2001 (3).

(1) OJ C 30, 30.1.2001.
(2) OJ C 263, 19.9.2001.
(3) OJ C 214, 10.9.2002.

(2004/C 51 E/122)

WRITTEN QUESTION E-1557/03

by Claude Moraes (PSE) to the Council

(7 May 2003)

Subject: Soccer and racism

Can the Council please give its response to the rise in racism and the organised racist behaviour of soccer
supporters of particular soccer clubs within EU countries and to the fines recently levied by UEFA on
particular soccer clubs?

Does the Council have a view on the disturbing evidence of organised racism at soccer matches in
particular accession countries, again identified by UEFA (for example in Slovakia)?

Reply

(29 September 2003)

The Council strongly condemns any racist incident, whether it takes place in the framework of a soccer
match or not. The Council equally condemns racist incidents in the acceeding countries. The Council
cannot comment regarding the fines levied by UEFA.

(2004/C 51 E/123)

WRITTEN QUESTION E-1566/03

by Béatrice Patrie (PSE) to the Commission

(8 May 2003)

Subject: Fines imposed on six French federations in the beef and veal sector

In a decision of 2 April 2003 the Commission imposed a fine amounting to a total of EUR 16,7 million on
six French federations in the beef and veal sector for concluding an agreement on the suspension of French
beef and veal imports and setting minimum prices for certain categories of livestock.