WRITTEN QUESTION E-0275/04 by Christopher Huhne (ELDR) to the Commission. EU Charter of Fundamental Rights.
Date: 2004-02-05
Institutions: European Parliament, Provisional data
Subjects: EU Charter of Fundamental Rights, EU law - national law, France, Islam, freedom of expression, freedom of religious beliefs, interpretation of the law, public education, religious discrimination, secular education

3.4.2004

EN

Official Journal of the European Union

C 84 E/563

It has to be observed that the specific problems raised in the Honourable Member’s written question are
likely to be better dealt with by the national competition authority or a national judge, having regard to
the geographically limited impact of the practice and to the issues of contractual liability it raises.

(1) Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of Article 81(3) of the Treaty to

categories of vertical agreements and concerted practices in the motor vehicle sector, OJ L 203, 1.8.2002.

(2) Commission Regulation (EC) No 1475/95 of 28 June 1995 on the application of Article 81(3) of the Treaty to

certain categories of motor vehicle distribution and servicing agreements, OJ L 145, 29.6.1995.

(3) According to Article 12 of Regulation (EC) No 1400/2002, the Regulation entered into force on 1 October 2002.
(4) This Regulation was applicable on the 19 September 2002, as the Regulation (EC) No 1400/2002 came into force
on the 1 October 2002 and started to apply to the existing agreements on the 1 October 2003 (Articles 12 and 10
of the Regulation (EC) No 1400/2002).

(5) See Articles 5(2)(2) and 5(3).
(6) The Commission gave its interpretation of the exception pertaining to the reorganization of the network in the
Explanatory Brochure on Regulation (EC) No 1475/95 [Distribution of Motor Vehicles (Regulation (EC) No 1475/
95). Explanatory Brochure (IV/9509/95 EN), published on the Internet: http://europa.eu.int/comm/competition/
car_sector/distribution/#reg_1475_95]. See in particular the reply to question no 16.

(7) This depends on the market share held by the supplier’s network of authorised repairers in respect of repairs carried
out on all motor vehicles of the brand in question (see reply to the question 72 in the Explanatory Brochure). If this
market share exceeds 30 %, only a qualitative selective network is covered by the block exemption (see article 3(1)
of the Regulation (EC) No 1400/2002).

(8) See Articles 3(1) and 1(1) (h) of the Regulation (EC) No 1400/2002 as well as replies to questions no 72-74 in the
Explanatory Brochure on the Regulation (EC) No 1400/2002 (Distribution and Servicing of Motor Vehicles in the
EU. Explanatory Brochure, published on the Internet: http://europa.eu.int/comm/competition/car_sector/).

(9) See Article 10 of the Regulation (EC) No 1400/2002 and, by analogy, the replies to questions 22 and 23 in the

Explanatory Brochure on the Regulation (EC) No 1400/2002, cited above.

(2004/C 84 E/0640)

WRITTEN QUESTION E-0275/04

by Christopher Huhne (ELDR) to the Commission

(5 February 2004)

Subject: EU Charter of Fundamental Rights

Articles 10 and 11 of the EU Charter of Fundamental Rights stipulate that the freedom of religion and
expression is a human right for all EU citizens.

The French Government recently proposed to enshrine in law a ban on the physical manifestation of
religious beliefs by wearing religious symbols (such as the hijab or headscarf) in state schools.

Does the Commission consider the French Government’s proposal acceptable? What action does the
Commission intend to take if this proposal is adopted into French law? Is the Commission currently taking
any action?

Answer given by Mr Vitorino on behalf of the Commission

(31 March 2004)

The Commission is aware of the draft legislation in France that would ban the wearing of all religious
symbols in state secondary schools.

Whether or not measures to ban the wearing of religious symbols are deemed to constitute unlawful
discrimination under the terms of Directive 2000/78/EC (1) will depend on the concrete terms of the
relevant legislation and on what justification is put forward by the Member States in question under the
terms of the Directive.

C 84 E/564

Official Journal of the European Union

EN

3.4.2004

The Commission is closely following the developments to which the Honourable Member refers and will
consider the need for action and the form this should take in the event of violations of fundamental rights
under Community law.

(1) Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in

employment and occupation, OJ L 303, 2.12.2000.

(2004/C 84 E/0641)

WRITTEN QUESTION E-0276/04

by Eluned Morgan (PSE) to the Commission

(5 February 2004)

Subject: Air pollution

Would the Commission agree that the public has a right to be informed about the nature and quantity of
pollutants released by businesses in Europe?

Is this right currently protected by EU legislation? If not, does the Commission intend to take measures
towards this?

Answer given by Mrs Wallström on behalf of the Commission

(5 March 2004)

The Commission agrees that the public has a right to be informed about the nature and quantity of
pollutants released by businesses in Europe.

Public access to environmental information is currently laid down in Council Directive 90/313/EEC of
7 June 1990 (1), which ensures freedom of access to information on the environment held by public
authorities.

In order to get access to environmental information, a person (‘the public’) has to make a request to the
public authority that he/she believes to hold the specific information. As a general rule, this right of access
should be as wide as possible and only on the basis of a limited number of grounds may access to the
information be refused. This Directive does not oblige the public authority to make available all
environmental information it possesses on its own initiative, nor does the Directive itself oblige the public
authority to collect such information.

The new Directive on public access to environmental information, Directive 2003/4/EC of the Parliament
and of the Council of 28 January 2003 (2), amending and replacing Directive 90/313/EEC, contains not
only the obligation for public authorities to give access to environmental information upon request, but
also an obligation to actively disseminate environmental information. This Directive has to be implemented
by the Member States by 14 February 2005.

In the field of pollutants released by businesses, the Commission will
launch the European Pollutant
Emission Register (EPER) on 23 February 2004 in the European Environment Agency in Copenhagen.
EPER is the first Europe-wide register of industrial emissions into air and water. For the first time, detailed
information on the emissions of 50 pollutants from about 10 000 large industrial facilities in the EU will
be publicly accessible on the internet (www.eper.cec.eu.int).

EPER was established by Commission Decision 2000/479/EC of 17 July 2000 on the implementation of a
European pollutant register (EPER) according to Article 15 of Council Directive 96/61/EC concerning
integrated pollution prevention and control (IPPC) (3), which is based on Council Directive 96/61/EC of
24 September 1996 (4). In Article 15(3) of this Directive it is stated, that:

an inventory of the principal emissions and sources responsible shall be published every three years by
the Commission on the basis of the data supplied by the Member States.

(1) OJ L 158, 23.6.1990.
(2) OJ L 41, 14.2.2003.
(3) OJ L 192, 28.7.2000.
(4) OJ L 257, 10.10.1996.