WRITTEN QUESTION E-2090/03 by Bert Doorn (PPE-DE) to the Commission. Protection of the domestic postal market by the French authorities against foreign service providers.
Date: 2003-06-24
Institutions: European Parliament, Provisional data
Subjects: France, competition law, complaint to the Commission, liberalisation of the market, market protection, postal service, provision of services, services contract, single market

C 58 E/130

Official Journal of the European Union

EN

6.3.2004

In 2001, the Commission initiated the Union Forum for the Prevention of Organised Crime. In the
framework of the Forum a number of workshop meetings on trafficking in human beings took place and
involved participants from public agencies as well as from international,
inter-governmental or non-
governmental organisations. The Commission invited Anti-Slavery International to present the findings of
the study in the meeting of 15 November 2002. Further to that presentation, participants discussed and
underlined the necessity of a human rights based approach for the protection of and the assistance to
trafficked victims. The last workshop meeting on 30 June 2003 focused on co-operation between law
enforcement agencies and non-governmental organisations or other parts of civil society providing
specialised services and support for victims.

In September 2002 the European Conference on Preventing and Combating Trafficking in Human Beings
(cid:1) Global Challenge for the 21st Century (cid:1) brought together Member States, Candidate Countries, third
countries, international, inter-governmental and non-governmental organisations and the institutions of the
European Union. The Conference was initiated by the Commission under the STOP II Programme and
organised by the International Organisation for Migration in close co-operation with the Parliament and
the Commission. The major outcome of the Conference is the Brussels Declaration, which aims at further
developing European and international co-operation, concrete measures, standards, best practices and
mechanisms to prevent and combat trafficking in human beings. A number of recommendations set out in
the annex to the Brussels Declaration underline the importance of a human rights based approach. The
Declaration explicitly addresses the issue of victim protection and assistance.

The Commission informed the Council of the European Union of the Brussels Declaration and on 8 May
2003 the Justice and Home Affairs Council adopted Conclusions taking note of the document and agreeing
to examine appropriate proposals to implement specific items contained in it.

On 25 March 2003, the Commission decided to set up an experts group on trafficking in human beings,
which shall assist the Commission with a view to launching further concrete proposals at European level.
The group will also address the protection of victims taking their human rights into due consideration and
paying attention to recent findings concerning this subject.

The Commission will continue to use the Council working structures, the Experts Group on Trafficking in
Human Beings, the Union Forum for the Prevention of Organised Crime as well as programmes like AGIS
and Daphne to further improve the protection of victims of trafficking in human beings.

(1) COM(96) 567 final.
(2) COM(98) 726 final.
(3) OJ C 126 E, 28.5.2002.
(4) COM(2000) 854 final.
(5) OJ L 203, 1.8.2002.

(2004/C 58 E/146)

WRITTEN QUESTION E-2090/03

by Bert Doorn (PPE-DE) to the Commission

(24 June 2003)

Subject: Protection of

the domestic postal market by the French authorities against

foreign service

providers

A number of court cases and inquiries are under way in France against TNT Jet Services, an express mail
delivery service and subsidiary of the Dutch TPG mail delivery service, which,
it is alleged, has been
evading labour law provisions by using subcontractors. Other service providers in the postal sector, such
as the UK’s Royal Mail, are also being prosecuted.

Undertakings belonging to La Poste, the French Post Office group of companies, such as Chronopost, also
use subcontractors. However, there is nothing to show that any inquiries are being conducted into their
activities. I have actually seen a letter in which Chronopost received an assurance from the French Labour
Inspectorate that its practices involving subcontractors would not be investigated.

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Official Journal of the European Union

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In my view, all this goes to prove that the French authorities are pursuing a policy which seeks to protect
the French domestic market against foreign competition and which actually results in its being so
protected. The Competition DG is aware of this matter and has agreed to initiate an inquiry into the
competition law aspects thereof. The conduct of the French authorities is also hampering the liberalisation
of express mail services on the internal market.

Is the Commission aware of the recent inquiries and court cases that the French authorities have initiated
against TNT Jet Services and other express mail undertakings?

What is the Commission planning to do to combat the unequal application of the law in the postal sector
in France?

Will the Commission ensure that the liberalisation of express mail services is applied uniformly in the
internal market?

Answer given by Mr Monti on behalf of the Commission

(14 August 2003)

The Commission is aware of the fact that a number of court cases and inquiries are under way in France
against TNT Jet Services and other express mail service providers for evading labour law provisions by
using subcontractors. A complaint has been filed with the Commission in that respect which alleges a
discriminatory application by the French Authorities of the national rules, notably labour law rules, on the
use of subcontractors.

The Commission is at present analysing this complaint in order to verify whether there is effectively a
problem of discrimination and whether there is scope for intervention in application of the European law.

The Commission has already sent a letter to the French State communicating that it is looking at the above
mentioned complaint and asking which is its position vis-a-vis the circumstances mentioned in it.

On the basis of the position of the French State and of the further evidences that the complainant will be
able to produce, the Commission will decide whether there is scope for its intervention on the matter at
issue.

As finally regards your concerns about an uniform enforcement of the liberalisation of express mail
services,
record of Commission’s decisions and initiatives regarding the application of
competition rules in the postal sector constitutes a strong evidence of its commitment in this respect.

the recent

(2004/C 58 E/147)

WRITTEN QUESTION E-2096/03

by Jean Lambert (Verts/ALE) to the Commission

(25 June 2003)

Subject: Construction of high voltage power station by the Greek PPC in the Argyroupolis (cid:1) Ilioupolis area

The planning and construction of a high voltage power station (HVPS) by the Greek PPC was approved in
accordance with Article 24 of the Greek law L. 2516/1997 in an area that belongs to the B protection
zone of mount Imittos. The stipulations of this article were judged non valid by the High Administrative
Court, due to infringement of the article 24 of the Greek Constitution referring to protection of the
environment. Objections (referring to the construction licence and the environmental impact assessment
study) were submitted by the mayor of
the city of Argyroupolis and a few citizens to the High
Administrative Court against the construction of the HVPS, but the trial has been postponed three times
(1 November 2002, 7 February 2003 and 9 May 2003). Three public schools are situated less than 50
metres from the area where the HVPS will be constructed.

Although the construction of the HVPS violates the Greek Constitution, the Government has adopted a
new law L. 2947/2002 for Olympic works, which includes the construction of the HVPS. Referring to this
law, the Minister of Public Works issued another construction licence, No 59365/25.7.2002. The PPC and
the Government never examined alternative solutions, contrary to the provisions of Greek Law.