asked Her Majesty's Government:

Whether Article 95 of the treaty establishing the European Community contains powers to control cross-border passenger fares or freight rates. [HL5114]

Article 95 provides the legal base for harmonising measures to remove obstacles that interfere, or may interfere, with the functioning of the internal market. Measures under Article 95 must have this objective and be appropriate to it. The legal base must be assessed on the merits of each case, but on the facts available it is difficult to see how the harmonisation of cross-border passenger fares or freight rates could achieve the elimination of an obstacle to the internal market and how such a measure would be appropriate.