WRITTEN QUESTION E-2554/03 by Marco Cappato (NI) to the Commission. The Tunisian journalist Abdallah Zouari.
Date: 2003-08-04
Institutions: European Parliament, Provisional data
Subjects: Tunisia, censorship, communications profession, freedom of expression, freedom of the press, government violence

13.3.2004

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Official Journal of the European Union

C 65 E/175

Answer given by Mrs de Palacio on behalf of the Commission

(17 September 2003)

On 23 July 2003 the Commission adopted the proposal (1) for the modification of Directive 1999/62/
EC (2). It provides a framework that will enable Member States, with due regard for the subsidiarity
principle, to give economic incentives to transport in the form of a price structure that better reflects the
costs to society. It is not so much the level of charges on transport as the structure of the charges and the
manner in which they are applied to the various categories of users that need to change.

The proposed framework covers the trans-European road network and any other road to which traffic may
be diverted from the trans-European road network and which is in direct competition with certain parts of
that network. Such traffic diversion has serious consequences in terms of traffic regulation and congestion,
not to mention accidents; it was therefore appropriate to include them in the scope of the Community
Directive. In accordance with the principle of subsidiarity, the Member States remain free to apply tolls on
roads not covered by the proposal for a Directive, provided they comply with the rules and principles laid
down in the EC Treaty.

The existing legislation links charges only approximately to damage to infrastructure, congestion or
accident risks. The proposed Directive, therefore, gives Member States the possibility of varying tolls
according to a number of factors: distance travelled; the damage caused to roads according to the type of
vehicle; the environmental impact in terms of the EURO emission standards for heavy goods vehicles; the
time of day; and the level of congestion on the road concerned. Whereas the existing Community rules
apply only to heavy goods vehicles of at least 12 tonnes, the system proposed by the Commission would
apply to all lorries exceeding 3,5 tonnes used for goods transport.

The revenue from infrastructure charges should be used for the benefit of the transport sector. In certain
cases, there should be scope for cross-financing of infrastructure providing an alternative to road transport.
To that end, the Commission’s proposal lays down that the revenue from the charging system must be
ploughed back into the road infrastructure concerned for its maintenance and into the transport sector as a
whole, taking due account of the balanced development of the transport networks.

The proposal for a Directive allows the Member States to apply mark-ups to tolls for using roads in
particularly sensitive areas, notably mountainous regions. Such mark-ups will be used to cross-finance the
investment costs of other transport infrastructures of a high European interest. The construction of such
infrastructure is increasingly necessary in view of the density and growth of traffic in such regions.

In parallel to the work on infrastructure charging, the Commission is conducting a study on the topic of
sensitive areas and transport. The study should be finished by the end of 2003. The Commission will
publish the results at that time and consider how to follow up on them.

(1) COM(2003) 448 final.
(2) Directive 1999/62/EC of the Parliament and of the Council of 17 June 1999 on the charging of heavy goods

vehicles for the use of certain infrastructures, OJ L 187, 20.7.1999.

(2004/C 65 E/192)

WRITTEN QUESTION E-2554/03

by Marco Cappato (NI) to the Commission

(4 August 2003)

Subject: The Tunisian journalist Abdallah Zouari

The court in the Tunisian town of Zarzis sentenced the journalist Abdallah Zouari to four months in
prison on 18 July 2003. The court held that the journalist’s complaint about being barred from using a
cybercafe amounted to ‘defamation’ against the manageress of the cafe.

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13.3.2004

Abdallah Zouari has been constantly harassed and spied on for months. After being forbidden to go online
at a cybercafe in Zarzis on 19 April, he said he would call his lawyer. The manageress then filed a
complaint against him for defamation. Sentence was passed on 18 July 2003.

Zouari’s conviction is only the latest example of the increasing lack of freedom of expression in Tunisia.

Two cases may be considered as typical of the situation:

(cid:1) the journalist Sihem Ben Sedrine, after setting up an online publication called ‘Kalima’ because she had
not obtained authorisation to publish a newspaper, was attacked by the police of President Zine
el-Abidine ben Ali in an attempt to eliminate any form of dissidence on the Internet;

(cid:1) Zouhair Yahyaoui, webmaster of the Tunisian site TuneZine, was arrested last year and sentenced to
two years’ imprisonment on 10 July 2002 for ‘spreading false information’. Yahyaoui was the first
person to publish online a letter to President Ben Ali
(Zouhair
Yahyaoui’s uncle) criticising the complete lack of judicial independence in Tunisia.

from Judge Mokhtar Yahyaoui

In view of the fact that Tunisia has been chosen to host the 2005 meeting of the World Summit on the
Information Society (WSIS), what steps will the Commission take to induce the Tunisian government to
give up its repressive attitude towards journalists and Internet users?

Does the Commission not consider that it should use every form of political, diplomatic and economic
pressure to induce the Tunisian government to relax the laws on the press and ensure the right to freedom
of speech in Tunisia?

Does the Commission consider it appropriate to try to ensure that the decision to hold the second meeting
of the WSIS in Tunisia in 2005 is suspended until Tunisian legislation actually guarantees full enjoyment
of freedom of expression?

Answer given by Mr Patten on behalf of the Commission

(22 September 2003)

The Commission is aware of the three specific cases referred to by the Honourable Member concerning
freedom of expression in Tunisia.

All three cases bear some link to the problems of access to the Internet. However, when establishing a link
between these problems and the World Summit on the Information Society (WSIS), one should bear in
mind several elements.

First, holding the second session of the WSIS summit in Tunisia was a decision taken by the United
Nations’ General Assembly and, therefore, has involved the Commission only indirectly.

Second, the fact that the summit will be held along the Johannesburg model implies a range of positive
side effects likely to benefit Tunisian civil society: a whole range of different actors will be involved in the
preparation phase as well as in the summit itself.

Third, the Commission, in its Communication (1) to the Council and the Parliament ‘Towards a Global
Partnership in the Information society: EU perspective in the context of the UN World Summit on the
Information Society’ points out that the following principles need to be solemnly ‘upheld and extended
within the Information Society: The right of freedom of opinion and expression in accordance with the
provisions of the UN Universal Declaration of Human Rights’.

The Commission will certainly use the opportunity of the WSIS to address problems related to human
rights and democracy in Tunisia. First of all the upcoming Association Council on 30 September 2003 will
pursue the continued dialogue held by the Union and Tunisia on this issue.

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Moreover, to further the freedom of expression the Commission is currently setting up a support and
training programme for the Tunisian media (2.15 EUR).

(1) COM(2003) 271 final.

(2004/C 65 E/193)

WRITTEN QUESTION E-2555/03

by Robert Evans (PSE) to the Commission

(4 August 2003)

Subject: Cross-channel ferry operators

The Commission has previously been questioned on the suggested cartel pricing practices of the cross-
channel ferry companies and Eurotunnel (P-3419/00 (1)). In his response, Commissioner Monti expressed
concern that there should be ‘effective competition between cross-channel operators’.

Several constituents have contacted me to suggest that there is effectively a cartel operating between the
ferry companies and Eurotunnel. For example, although various prices are quoted, GBP 300 appears to be
the cost of crossings for five-day returns for summer trips. They feel they are comparatively paying more
for this particular route than other ferry crossings in the EU (offered by Greek and Italian ferry companies).
More information can be found on a website that has been established by those unhappy with these
companies, http://www.channelpirates.com

Could the Commission comment on the pricing practices of
operators, and whether it believes the companies are operating in an anti-competitive way?

the ferry companies and Eurotunnel

(1) OJ C 151 E, 22.5.2001, p. 164.

Answer given by Mr Monti on behalf of the Commission

(22 September 2003)

The Honourable Member may know that
the Commission has recently carried out simultaneous
unannounced inspections at the premises of a number of operators of cross-Channel transport services (1).
The purpose of these inspections was indeed to ascertain whether these companies are inter alia fixing
prices and trade conditions for cross-Channel transport services, as suggested by the information referred
to by the Honourable Member.

Such surprise inspections are a preliminary step in investigations into suspected cartels. As the Honourable
Member will understand, the Commission can at this early stage of the investigation not make any further
comments on the case.

(1)

IP/03/168 of 3 September 2003; Spokeperson’s Statement on inspections in cross-Channel transport services.

(2004/C 65 E/194)

WRITTEN QUESTION E-2564/03

by Mario Borghezio (NI) to the Commission

(4 August 2003)

Subject: The Polish authorities’ violation of the general principles of Community law

In August 1999 Karolina Paetz, holding dual Italian and Polish nationality and married to Paolo Pozza, an
Italian citizen, decided not to return to Italy, keeping with her her daughters Federica and Annamaria
Pozza, aged 2 and 7 respectively, both of whom have Italian nationality.