WRITTEN QUESTION E-1757/03 by Juan Ojeda Sanz (PPE-DE) to the Commission. Possible abuse of authority.
Date: 2003-05-27
Institutions: European Parliament, Provisional data
Subjects: EU Charter of Fundamental Rights, Portugal, Spain, bilateral relations, common fisheries policy, fishing controls, fishing vessel, interpretation of the law, maritime surveillance

6.2.2004

EN

Official Journal of the European Union

C 33 E/165

conformity with Directive 96/96/EC as amended (1). Since the Directive specifies minimum standards, some
Member States have also introduced more stringent testing requirements or require more frequent testing
or have extended the scope of technical inspection to cover more types of vehicles such as motorcycles.

Over the past decade there has been significant advances in vehicle construction standards, particularly in
electronic control systems and the Commission is considering how roadworthiness testing requirements
can evolve for the future. To assist in its analysis, the Commission is to launch soon a study on the
assessment of
the
complexity of current vehicle safety and environmental control systems and their expected developments
for the future and other developments such as ‘reciprocal recognition’ and the possibility of quality
assurance schemes in some circumstances.

future roadworthiness enforcement options for road vehicles taking account of

In the light of the study results which will probably take two years to complete, the Commission will
decide on the appropriateness of modifying the roadworthiness-testing Directive.

(1) OJ L 48, 17.2.2001.

(2004/C 33 E/163)

WRITTEN QUESTION E-1757/03

by Juan Ojeda Sanz (PPE-DE) to the Commission

(27 May 2003)

Subject: Possible abuse of authority

There have been fresh incidents in recent days on the periphery of Portuguese waters following the
incursion of Spanish fishing vessels. The Portuguese authorities respond to these misdemeanours, which
regrettably occur on a fairly regular basis, with firearms and other violent means which are totally
disproportionate, particularly between two neighbouring countries which both belong to the EU.

In the light of the above, and bearing in mind Article 49 of the Charter of Fundamental Rights of the
European Union, which refers to the principles of legality and proportionality of criminal offences and
penalties, does the Commission consider the severity of the penalties to be disproportionate to the criminal
offence? If so, how does the Commission believe that such abuses of authority in the EU might be curbed?

Answer given by Mr Fischler on behalf of the Commission

(8 July 2003)

The Commission has no detailed information on the incidents described by the Honourable Member.

It should be noted that under Article 24 of Council Regulation (EC) No 2371/2002 of 20 December 2002
on the conservation and sustainable exploitation of
fisheries resources under the common fisheries
policy (1), the Member States must take the inspection and enforcement measures necessary to ensure
compliance with the rules of the common fisheries policy on their territory or in the waters subject to
their sovereignty or jurisdiction. Under Article 25 of that Regulation, the Member States must also ensure
that appropriate measures are taken, including administrative action or criminal proceedings in conformity
with their national law, against the natural or legal persons responsible where the rules of the common
fisheries policy have not been respected. In addition, under that Article, the Member States must take
immediate measures to prevent vessels or natural or legal persons found in flagrante delicto while
committing a serious infringement, as defined in Council Regulation (EC) No 1447/1999 (2),
from
continuing to do so.

Clearly, any penalties must be applied in compliance with the principles laid down in the Charter of
Fundamental Rights as referred to by the Honourable Member.

C 33 E/166

Official Journal of the European Union

EN

6.2.2004

Since the Commission has no detailed information on the circumstances,
Honourable Member’s final question.

it is unable to answer the

(1) OJ L 358, 31.12.2002.
(2) Council Regulation (EC) No 1447/1999 of 24 June 1999 establishing a list of types of behaviour which seriously

infringe the rules of the common fisheries policy, OJ L 167, 2.7.1999.

(2004/C 33 E/164)

WRITTEN QUESTION E-1759/03

by Ioannis Marínos (PPE-DE) to the Commission

(27 May 2003)

Subject: Corruption in public administration

According to recent reports in the Greek press (Ta Nea of 10 May 2003 and others), driving tests to obtain
licences for cars, motorcycles and heavy goods vehicles in Greece are unreliable. The same newspapers also
quote the amounts of money that some civil servants receive for issuing licences to candidates regardless of
the results of the driving test and, in some cases, without testing the candidate’s ability to drive. Despite
the fact that there have been two fatal accidents within the space of a month at Tembi and Aliakmon,
claiming a total of almost 40 lives, the Greek media produce reports every day showing that Greek roads
are full of dangerous and badly loaded lorries, HGVs breaking the speed limit and dilapidated school buses.

What are the Commission’s views on road safety standards in Greece? What view does it take of Greek
driving licences given that they are considered valid in all the Member States and are issued in the
Community (pink) format? Should they not indicate the driver’s blood group? Has the Commission drawn
up its own study or does it have recent data concerning the level of corruption in the civil services of the
15 Member States of the EU and, if so, what are those data?

Answer given by Mrs de Palacio on behalf of the Commission

(3 July 2003)

The Commission deplores the two serious accidents which occurred recently in Greece. While it is true
that Greece has made little progress with road safety over the last decade compared with the other
Member States, the figures for the last two years do nonetheless appear to show a sizeable fall in the
number of persons killed each year.

Greece has correctly transposed in to national law Council Directive 91/439/EEC of 29 July 1991 on
driving licences (1).
Infringement proceedings instituted by the Commission for non-conformity were
terminated when Greece amended its legislation satisfactorily.

The Commission has not been informed of manifest fraud concerning driving tests. Accordingly, it has
produced no studies and has no precise figures. However, the matter has occasionally been raised in expert
groups, which is how the Commission has learned of isolated cases of fraud in the Member States, which
are themselves responsible for stamping it out. Nonetheless, if concrete evidence of manifest and repeated
fraud were brought to its attention, the Commission could envisage applying measures available to it
under the Treaties to deal with improper enforcement of the Directive. In any event, it will contact the
Greek authorities to obtain the requisite information.

There is currently no provision in Directive 91/439/EEC for driving licences to indicate the holder’s blood
group. Member States may provide at national level for such information to be entered, but only with the
express and written agreement of the licence holder, in line with the obligation to protect personal data.

(1) OJ L 237, 24.8.1991.