WRITTEN QUESTION E-2846/03 by Isabelle Caullery (UEN) to the Commission. European directive on transport infrastructure charging.
Date: 2003-09-25
Institutions: European Parliament, Provisional data
Subjects: air transport, charges for use of infrastructure, rail transport, road transport, transport policy

C 78 E/176

Official Journal of the European Union

EN

27.3.2004

The Commission adopted a proposal on 29 July 2003 (1), to amend Directive 90/435/EEC and in particular
the list of companies to which it applies. Among the new entries in the list, the SAS is included. Thus, if
the Council adopts this proposal, the SAS will enjoy the benefits of the Directive.

taxation applicable to mergers, divisions,

Moreover, the same issue concerns Council Directive 90/434/EEC of 23 July 1990 on the common system
of
transfers of assets and exchanges of shares concernin
companies of different Member States (2). The Commission services are currently working on a proposal to
amend this Directive in order, inter alia, to extend its scope to the SAS.

(1) COM(2003) 462 final.
(2) OJ L 225, 20.8.1990.

(2004/C 78 E/0181)

WRITTEN QUESTION E-2845/03

by Isabelle Caullery (UEN) to the Commission

(25 September 2003)

Subject: EU enlargement and air transport

Can the Commission state whether, on the basis of the Treaty of Athens, air routes between the airports of
the 10 new Member States and the airports of current Member States will, from 1 May 2004, be
considered intra-Community air routes as defined in Council Regulation (EEC) No 2408/92 (1) of 23 July
1992?

(1) OJ L 240, 24.8.1992, p. 8.

Answer given by Mrs de Palacio on behalf of the Commission

(23 October 2003)

Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-
Community air routes (1) will apply fully to the ten new Member States as of 1 May 2004, the date on
which they are due to accede to the Union. As of that date, routes to/from the airports of those States will
be considered to be intra-Community routes within the meaning of the Regulation.

(1) OJ L 240, 24.8.1992.

(2004/C 78 E/0182)

WRITTEN QUESTION E-2846/03

by Isabelle Caullery (UEN) to the Commission

(25 September 2003)

Subject: European directive on transport infrastructure charging

Regarding the draft European directive on transport infrastructure charging, can the Commission state
whether airport operators in general are likely to be affected by this law and, if so, to what extent?

27.3.2004

EN

Official Journal of the European Union

C 78 E/177

Answer given by Mrs de Palacio on behalf of the Commission

(30 October 2003)

For the rail sector, infrastructure charging is already included in the first railway package (Directive 2001/
14/EC (1)). As requested by the Copenhagen European Council of December 2002 and by the Brussels
European Council of March 2003, the Commission presented on 23 July 2003 a proposal (2) amending
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 infrastructure (3). This new proposal concentrates on road transport,
more precisely on heavy goods vehicles over 3,5 tonnes. The fact that these vehicles are involved, on a
regular basis, in intra-community traffic justifies common rules concerning the charging for the use of
infrastructure. Concerning the other means of transport, no Community framework is applicable to them
at present.

More specifically for the airport sector a wide range of policy options on the Regulation of airport charges
exists and the International Civil Aviation Organisation (ICAO) has recently developed further its policy
guidance for aeronautical charges (4). A Commission proposal from 1997, though strongly inspired by
generally recognised ICAO principles, did not receive sufficient support in the Council of Ministers and
therefore the Commission decided to withdraw this initiative (5).

(1) Directive 2001/14/EC of the Parliament and of the Council of 26 February 2001 on the allocation of railway
infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification,
OJ L 75, 15.3.2001.

(2) OJ L 187, 20.7.1999.
(3) COM(2003) 448 final.
(4)
(5) OJ C 257, 22.8.1997 and COM(2001) 763 final.

ICAO’s policies on charges for airports and Air Navigation Charges (cid:1) document 9082, sixth edition 2001.

(2004/C 78 E/0183)

WRITTEN QUESTION P-2847/03

by Miquel Mayol i Raynal (Verts/ALE) to the Commission

(18 September 2003)

Subject: Plans to develop Salobrar de Campos (cid:1) Es trenc

There are plans to build a polo field and accommodation for 2000 people in the Salobrar de Campos (cid:1)
Es trenc area in the south of Mallorca. The polo field would be situated on fossilised dunes (semi-arid zone)
on a saltwater table, next to an area of wetlands and coastal dunes containing Phoenician juniper which
has been designated a special protection area for birds under Directive 79/409/EEC (1) of 2 April 1979 on
the conservation of wild birds and a priority habitat for conservation under Directive 92/43/EEC (2) of
21 May 1992 on the conservation of natural habitats and of wild fauna and flora.

Is the Commission aware of this development project?

Has the Commission been consulted by the Spanish State on this project as required under Article 6(3) and
(4) of the Habitats Directive?

Does the Commission believe that this project to construct accommodation and a polo field is compatible
with the provisions of the Habitats Directive?

(1) OJ L 103, 25.4.1979, p. 1.
(2) OJ L 206, 22.7.1992, p. 7.