WRITTEN QUESTION P-1026/04 by Joachim Wuermeling (PPE-DE) to the Commission. Axle weighing of HGVs at the German-Czech border.
Date: 2004-03-26
Institutions: European Parliament, Provisional data
Subjects: Czechia, Germany, commercial vehicle, customs inspection, internal border of the EU, road transport, weight and size

3.4.2004

EN

Official Journal of the European Union

C 84 E/931

In its answer to my question (E-2837/03 (1)) concerning the safeguarding of OA workers’ rights following
the creation of the new company ‘Olympic Airlines’, the Commission stated that it would investigate the
matter and inform us of its findings.

In the light of the foregoing, can the Commission elaborate on its legal arguments pertaining to unlawful
subsidies? What are the findings (answer to question E-2837/03) of the investigation into the safeguarding
of the rights of the workers being transferred to the new company and those remaining with the old
company, in accordance with Articles 3 and 4 of Directive 98/50/EC (2)?

(1) OJ C 58 E, 6.3.2004, p. 206.
(2) OJ L 201, 17.7.1998, p. 88.

Answer given by Mr Dimas on behalf of the Commission

(27 April 2004)

The Honourable Member is asked to refer to the supplementary answer given by the Commission to his
written question E-2837/03 (1).

(1) OJ C 58 E, 6.3.2004.

(2004/C 84 E/1029)

WRITTEN QUESTION P-1026/04

by Joachim Wuermeling (PPE-DE) to the Commission

Subject: Axle weighing of HGVs at the German-Czech border

(26 March 2004)

With enlargement to the East, all checks at the Union’s internal borders will be abolished, including checks
on individuals. However, when I visited the Schirnding border crossing I was told that the Czech
Government intends to continue with the weighing of HGVs, in particular axle weighing. This would result
in considerable waiting times at the border crossing, hence undermining one of the tangible advantages of
enlargement, namely an end to lengthy delays at borders.

1.

Is the Commission aware of the Czech Government’s intentions in this matter?

2. Would the continuation of this practice be compatible with the obligations of membership of the
European Union?

Answer given by Mrs de Palacio on behalf of the Commission

(27 April 2004)

Article 3 of Council Regulation (EEC) No 4060/89 of 21 December 1989 on the elimination of controls
performed at the frontiers of Member States in the field of road and inland waterway transport (1) stipulates
that controls performed pursuant to Community or national law in the fields of road and inland waterway
transport between Member States must no longer be performed as frontier-control but solely as part of the
normal control procedures applied in a non-discriminatory fashion throughout the territory of a Member
State.

Annex V to the Treaty of Accession, dealing with transitional measures applicable to the Czech Republic,
makes no provision for a temporary derogation from this rule. For the Czech Republic to continue
applying systematic border controls after it joins the Union, as the Honourable Member indicates, would
not therefore appear to be compatible with Community law if confirmed as such.

C 84 E/932

Official Journal of the European Union

EN

3.4.2004

In any event, the Commission would point out that the Czech Republic has not been granted a transitional
period in respect of the application of Council Directive 96/53/EC of 25 July 1996 (2), as amended by
Directive 2002/7/EC of the European Parliament and of the Council of 18 February 2002 (3), laying down
for certain road vehicles the maximum authorised dimensions in international traffic. This Directive will be
fully applicable as soon as the Czech Republic joins the Union.

(1) OJ L 390, 30.12.1989.
(2) OJ L 235, 17.9.1996.
(3) OJ L 67, 9.3.2002.

(2004/C 84 E/1030)

WRITTEN QUESTION E-1033/04

by Ilda Figueiredo (GUE/NGL) to the Commission

(5 April 2004)

Subject: Safeguarding the public lending right in Portuguese libraries

A petition on the Internet reveals that on 16 January 2004 the Commission decided to formally request
Ireland and Luxembourg regarding their national
information from Portugal, Spain, France,
implementation of the public lending right, the commercial rental right and certain rights related to
copyright in the sphere of intellectual property.

Italy,

This means that there may be a charge for borrowing books and other documents in Portuguese libraries
(cid:1) whether public, school, university or other libraries.

In a country such as Portugal, in which economic problems and the fact that reading is not yet a well-
established habit make access to knowledge and culture difficult for broad sections of the population,
a measure of this kind would be disastrous, jeopardising the current campaign to promote reading, and
would be a retrograde step as regards making the Portuguese better qualified to tackle successfully the
challenge of the ‘knowledge society’.

The Commission:

1. Can it confirm this information? If so, what steps will it take to guarantee European citizens free and

unrestricted access to knowledge, the expression of ideas, culture and information?

2. What measures does it envisage to ensure that the current arrangements for the benefit of libraries,
archives, museums and similar entities, which are at present exempt under the law on intellectual
property, are maintained on exactly the same terms in Portuguese legislation, in accordance with the
legal framework created by Directive 92/100/EEC (1) on rental right and lending right and on certain
rights related to copyright in the field of intellectual property?

(1) OJ L 346, 27.11.1992, p. 61.

Answer given by Mr Bolkestein on behalf of the Commission

(30 April 2004)

The public lending right was harmonised in 1992 by Articles 1 and 5 of Council Directive 92/100/EEC of
19 November 1992 on rental right and lending right and on certain rights related to copyright in the field
of intellectual property. The Member States voted unanimously in favour of this Council Directive.

The aims of the concept of the public lending right given in the directive (1) are to help create a genuine
single market in goods and services protected by intellectual property and to take account of the different
traditions of the Member States in the field of public lending. To this end, Article 5 of the directive lays
down that Member States may derogate from the exclusive right in respect of public lending, provided that
at least authors obtain a remuneration for such lending. In addition, Member States may also exempt
certain categories of lending establishments from all lending rights.