WRITTEN QUESTION E-2296/03 by Alejo Vidal-Quadras Roca (PPE-DE) to the Commission. Autonomous Community levy on the premises occupied by large commercial enterprises.
Date: 2003-07-11
Institutions: European Parliament, Provisional data
Subjects: Catalonia, application of EU law, local tax, right of establishment, shopping centre, trade regulations

C 88 E/398

Official Journal of the European Union

EN

8.4.2004

Answer given by Mr Patten on behalf of the Commission

(4 August 2003)

Reporting obligations and exchange restrictions on import and export of currencies are not unusual for
countries that aim to prevent money laundering and/or control capital outflows.

On 27 April 2002, a new Foreign Exchange Law has come into force in the Federal Republic of Yugoslavia
foreign currency a number of
(now Serbia and Montenegro). Concerning the physical
restrictions are in place, in particular with regard to taking it out of the country.

transfer of

The Customs administration may temporarily seize (against a certificate) from both residents and non-
residents at border crossings Dinars, foreign cash, checks and securities that exceed the amount prescribed
by the ‘National Bank of Yugoslavia’.

The measures are not targeted at nationals of any specific country or origin. Reportedly, also citizens from
other European Union countries have also been subject to these measures.

The Commission intends to inform the Minister of International Economic Relations of the State Union,
Minister Lukovac, of this worrying situation with particular emphasis on the long period (2-5 years) that is
reported to elapse between seizure of currency and reimbursement. In addition, the Commission will
suggest that at all border crossings, information about the requirement to report on the import and export
of foreign currency is presented in the clearest possible way to the travellers, so as to minimise the cases in
which the required written declaration that a sum larger than the maximum amount (EUR 2 000) is taken
into the country is forgotten to be requested.

As far as the Community assistance is concerned,
the Community Assistance to Reconstruction,
Development and Stabilisation Programme (CARDS) (1) and other Community instruments in the context
of the Stabilisation and Association Process are already contributing to the reform process that will bring
Serbia and Montenegro’s legislation in line with the EU Acquis. This will imply also a liberalisation of
foreign exchange transactions in the medium term.

(1) Council Regulation (EC) No 2666/2000 of 5 December 2000 on assistance for Albania, Bosnia and Herzegovina,
Croatia, the Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia, repealing Regulation
(EC) No 1628/96 and amending Regulations (EEC) No 3906/89 and (EEC) No 1360/90 and Decisions 97/256/EC
and 1999/311/EC, OJ L 306, 7.12.2000.

(2004/C 88 E/0404)

WRITTEN QUESTION E-2296/03

by Alejo Vidal-Quadras Roca (PPE-DE) to the Commission

(11 July 2003)

Subject: Autonomous Community levy on the premises occupied by large commercial enterprises

On 31 October 2002 the author of this question tabled a parliamentary question to the Commission
(Written Question P-3185/02 (1)) on the serious restriction of freedom of establishment caused by the levy
on premises occupied by large commercial enterprises introduced by Law 16/2000 of
the Catalan
Autonomous Community. In his answer of 17 December 2002 on behalf of the Commission, Mr Monti
said that the Commission had no intention whatsoever of authorising the retention of any rules contrary
to Article 43 of the EC Treaty relating to freedom of establishment.

However, there is as yet no indication that the Directorate-General for the Internal Market, which is
competent in this sphere, has taken any action against the Spanish authorities with regard to Catalan laws
16/2000 and 17/2000, which hamper freedom of establishment for Community businesses.

8.4.2004

EN

Official Journal of the European Union

C 88 E/399

This inaction on the part of the Commission is creating a situation of obvious inconsistency, since it is
allowing this kind of legislation to survive within the EU whilst demanding that the accession countries
abolish it.

Does the Directorate-General for the Internal Market intend to bring any kind of proceedings against
1.
the Spanish State in connection with Catalan laws 16/2000 and 17/2000? If so, when does it envisage
doing so?

2.
Does the Directorate-General for the Internal Market intend to take any kind of general action against
measures of this sort, which prevent large commercial enterprises from exercising freedom of establish-
ment? If so, what is the timetable for such action?

3.
Is the Commission aware how important it is to act swiftly in order to prevent not only the spread of
such measures, which hamper freedom of establishment, but also the implementation of existing ones,
such as the Catalan Law 16/2000, which is already artificially and irreversibly diverting investment?

(1) OJ C 192 E, 14.8.2003, p. 102.

Answer given by Mr Bolkestein on behalf of the Commission

(5 September 2003)

The Commission would like first to confirm to the Honourable Member that it does not intend to
authorise the retention of rules which could be considered as contrary to Article 43 of the EC Treaty
relating to freedom of establishment, regardless of whether these emanate from the Member States or the
accession countries.

As mentioned by the Honourable Member, the Commission plans to take general action against measures
which prevent large commercial enterprises from exercising freedom of establishment. The Commission
large
also asked the Member States to communicate their national rules on the establishment of
commercial enterprises, and has recently obtained this information from them. It is therefore now in a
position to examine all these rules in order to assess their compatibility with the principles of the EC
Treaty, and particularly Article 43 on freedom of establishment. It should be pointed out that as part of its
strategy for the internal market
the Commission attaches particular importance to
examining national legislation which might affect distributive undertakings, and in particular measures
relating to the establishment of large commercial enterprises.

for services (1),

With regard to Catalan laws 16/2000 and 17/2000, the Commission can inform the Honourable Member
that it is currently investigating a complaint concerning these laws which it received in March 2003. It is
also on the point of sending a letter to the Spanish authorities requesting further information, particularly
on the justification and impact of the measures introduced in Catalonia. If it turns out that an infringement
procedure has to be opened following this investigation, this should happen at the earliest opportunity.

(1) Report from the Commission to the Council and the European Parliament on the state of the internal market for

services, 30 July 2002, COM(2002) 441 final.

(2004/C 88 E/0405)

WRITTEN QUESTION E-2307/03

by José Ribeiro e Castro (UEN) to the Commission

(14 July 2003)

Subject: Timor (cid:1) 1999 massacres; trial of those responsible; Indonesia (cid:1) human rights

In his answer to the earlier written question (E-0921/03 (1)) on the same subject Commissioner Patten said
that the Union was constantly following the activities of the ad hoc court set up to judge crimes
committed in East Timor and would be able to return to the issue when the latest judgment, expected at
the beginning of May, was known and before appeal proceedings were launched.