WRITTEN QUESTION E-2761/99 by Mauro Nobilia (UEN) to the Commission. Subsidies for ferry services to islands (Article 88(2) of the EC Treaty with regard to subsidy C/64/99 ‐ formerly NN 68/99).
C 330 E/46 Official Journal of the European Communities EN 21. 11. 2000 1. Which air carriers have notified it of the arrangements they have introduced to fulfil their obligations? 2. How much compensation has actually been received by travellers under these arrangements? 3. How much information is actually available in agencies and/or airports for travellers who have been denied boarding? In addition, knowing that the proposal to amend this regulation is currently blocked in the Council, and given that failure to observe the provisions laid down is clearly very common, does the Commission intend to take legal action or steps of any other kind against airlines which do not observe these provisions, pending the introduction of more effective rules? (1) OJ L 36, 8. 2. 1991, p. 5. Answer given by Mrs de Palacio on behalf of the Commission (21 March 2000) Regulation (EEC) No 295/91 adopted by the Council in 1991 provides for a system whereby the rules to be applied by air transport companies operating from a Community airport are to be notified where boarding is denied. That notification is sent to the Member State concerned and to the Commission at one and the same time. Fifty eight airlines have notified the Commission in this way (see the list sent to the Honourable Member and to the Secretariat General of Parliament). The regulation provides for minimum compensation thresholds (EUR 150 for flights up to 3 500 km and EUR 300 for flights of more than 3 500 km) which may be restricted to the price of the ticket to the final destination. Moreover, it stipulates, in general terms, that the rules applying to air carriers shall be made available to the public at the carriers agencies and check in counters. The airlines and their agencies may choose how best to meet that obligation. At the moment the EC Treaty is not a suitable forum enabling the Commission to prosecute an airline in order to ensure compliance with the compensation rules in individual instances. Since the regulation confers rights that directly favour passengers, these have the option of bringing actions before the national courts in order to secure those rights. The Commission is aware of a relatively restricted number of cases in that area. Moreover, the Member States have the option of applying further penalties where the regulation is infringed. While awaiting the adoption, by the Council, of a proposal from the Commission amending the current regulation (1) and more particularly following the various developments at technological level (electronic ticketing) and also at operational level (alliances among carriers), the Commission recently launched a detailed examination of the stage reached in implementing Regulation (EEC) No 295/91. That examination should produce an inventory of (a) the practices pursued by the airlines and the national authorities in the Member States in order to ensure that such rules are adopted and that passengers are better protected, and (b) of the impact of the above-mentioned developments on the implementation of the rules by the national courts. (1) OJ C 351, 18. 11. 1998. (2000/C 330 E/051) WRITTEN QUESTION E-2761/99 by Mauro Nobilia (UEN) to the Commission (18 January 2000) Subject: Subsidies for ferry services to islands (Article 88(2) of the EC Treaty with regard to subsidy C/64/99 ü formerly NN 68/99) Having regard to the following: ü the purpose of the subsidies referred to above is to ensure, in connection with ferry services to islands, territorial continuity between them and the mainland; 21. 11. 2000 EN Official Journal of the European Communities C 330 E/47 ü the principle of territorial continuity, which is the object of the above subsidies, is naturally based on the quality and quantity of the aforementioned ferry services; ü in Italy, services to and from Sardinia, which are provided by the company Tirrenia, and those to and from the smaller islands, which are provided by Caremar, Toremar and Siremar, have recently been carried out by prototypes of high-speed vessels known as HSCs; ü the above ferry companies are recipients of the subsidies in question, in connection with the services that they provide; ü the design characteristics of the above HSC prototypes, however, mean that they are not only subject to major constraints on sailing, by comparison with traditional ferries and hydrofoils, in equivalent adverse weather conditions, but are also frequently taken out of service for special maintenance work; ü the constraints on sailing and the frequent stoppages of the HSC prototypes owned by the above companies actually breach the principle of territorial continuity, which is essential for the payment of the subsidy referred to above, can the Commission state whether the above facts are true? In addition, can it take action vis-à-vis the competent authorities, if need be, to ensure that the quality and quantity of ferry services to islands reflect the principle of territorial continuity, the sole criterion for determining the admissibility of the subsidies? Answer given by Mrs de Palacio on behalf of the Commission (3 March 2000) Concerning the principle of territorial continuity, the Commission would stress that the respect of such principle lies within national competence. Concerning the state aid case No C 64/99 (ex NN 68/99), the Commission is currently examining subsidy payments to Gruppo Tirreniaí. The opening of the investigation procedure was published in the Official journal (1). Since the Commission has not closed the investigation procedure yet, it is not yet possible to take position on the accuracy of the statements made in the Honourable Memberís question, in particular on the aspect of the use of high speed vessels. Nevertheless, in the framework of the aforementioned procedure the Commission is going to take account of aspects concerning the use of high speed vessels. (1) OJ C 306, 23. 10. 1999. (2000/C 330 E/052) WRITTEN QUESTION E-2768/99 by Bart Staes (Verts/ALE) to the Commission (18 January 2000) Subject: Upkeep of European waterways If fully used by inland navigation, Europeís network of waterways could make a major, environmentally compatible contribution towards solving the problem of mobility. Inland navigation has the potential to divert some goods transport from roads to waterways. However, transport by water has the disadvantage that a substantial proportion of the European network of waterways, and in particular the minor waterways, are not properly maintained and dredged and they are gradually silting up. To create a fine network of waterways serving as large an area as possible, governments would have to ensure that all these waterways can permit vessels with a draught of at least 2,5 metres. Can the Commission state whether it is prepared to take an initiative to support keeping open a large proportion of the (minor) European canals with a minimum navigable depth of 2,5 metres?