WRITTEN QUESTION No. 3060/98 by Roberto MEZZAROMA Milan Malpensa 2000
C 320/22 Official Journal of the European Communities EN 6. 11. 1999 Answer given by Mr Fischler on behalf of the Commission (23 November 1998) No dog is allowed on the Eurostar because of the United Kingdom’s current rabies legislation which also applies to guide dogs. Although the movement of traded dogs and cats is currently harmonised, this harmonisation does not currently extend to pet animals travelling with their owners. The Commission has not yet put forward proposals governing this latter aspect. In the present state of Community law this is therefore a typical case of a conflict between the fundamental right to free movement under Article 8A of the EC Treaty and legitimate exceptions to this right for reasons of public health. Whether such exceptions are justified and proportional to their objectives has to be judged in each individual case. The Commission is aware of the United Kingdom government’s commitment to review current quarantine laws and of the conclusions of a recent scientific opinion obtained in connection with this review. The Commission has recently requested the United Kingdom authorities to provide it with details of its proposals following this review and the timetable for any necessary legislation. (1999/C 320/030) WRITTEN QUESTION E-3060/98 by Roberto Mezzaroma (PPE) to the Commission (8 October 1998) Subject: Milan Malpensa 2000 The Commission has rejected the decree concerning the entry into service of the new Milan airport as incompatible with Community law, in accordance with its institutional obligations. To avoid an action brought by Italy against this decision at European level having to be settled by the European Court, and in view of the fact that the Committee on Competition and the Committee on Transport have differing views on the matter, even if they only have a consultative role, would the Commision outline the main points on which a new negotiating position might be based, and how it intends to manage the crucial problem of transition to ensure that Fiumicino airport does not become a secondary hub, subordinate to the new Malpensa airport? Answer given by Mr Kinnock on behalf of the Commission (12 November 1998) The intervention of the Commission in relation to the air traffic rules proposed for the Milan airport system was exclusively motivated by the need to ensure respect for Community law and it was based upon the specific provisions of Council Regulation No 2408/92 concerning the rights of Member States to regulate the distribution of traffic between airports within an airport system, i. e. serving the same conurbation. So long as Community law is respected, Member States are free to determine the objectives and priorities of their airport policy including the development and status of a particular airport. The application of the law, as the Honourable Member will know, is not a subject for negotiation