WRITTEN QUESTION E-2502/99 by Rolf Linkohr (PSE) to the Council. Europe Agreements with Eastern European countries.
Date: 2000-01-04
Institutions: European Parliament, Provisional data
Subjects: Central and Eastern European countries, agreement (EU), discrimination on the basis of nationality, right of establishment

28.12.2000

EN

Official Journal of the European Communities

C 374 E/5

(2000/C 374 E/005)

WRITTEN QUESTION E-2502/99

by Rolf Linkohr (PSE) to the Council

(4 January 2000)

Subject: Europe Agreements with Eastern European countries

Each of the (cid:145)Europe Agreements(cid:146) which the EU has concluded with Eastern European countries includes an
(cid:145)equal treatment requirement(cid:146) relating to the establishment of companies and nationals of the contracting
countries (subject to certain provisos for special occupations).

Does the Council consider that this equal treatment requirement includes a prohibition of discrimi-

1.
nation?

2.
Does the Council consider that an EU Member State is barred from submitting nationals of the
contracting countries to (cid:145)needs tests(cid:146) if their own self-employed nationals are not required to undergo such
tests?

3.
Does the Council agree that, where a Member State does not require its own self-employed nationals
to produce evidence of prior knowledge, etc., such evidence may not be required of the nationals of the
contracting partner countries?

4.
Does the Council agree that, where a Member State does not require its self-employed nationals to
produce evidence of capital, this may not be required of the nationals of the contracting partner countries?

Reply

(16/17 May 2000)

As the Honourable Member has pointed out, the Europe Agreements concluded between the European
Community and its Member States, of the one part, and each of the applicant countries of Central and
Eastern Europe (Bulgaria, Estonia, Hungary, Latvia, Lithuania, Poland, Czech Republic, Romania, Slovakia
and Slovenia), of the other part, contain provisions concerning the right of establishment. This right forms
the subject of Chapter II of Title IV of each of the Agreements.

Although different for each Agreement, the provisions stipulate in general that:

(cid:129) as from entry into force of the Agreement, the Member States must ensure national treatment in the

right of establishment, with the exception of certain areas or matters;

(cid:129) contrary to the above,

the Associated State is only required to introduce national

treatment

progressively, depending on the sector;

(cid:129) each Party may regulate the establishment and activities of companies and nationals on its territory,
insofar as these regulations do not discriminate between its own nationals and the other Party(cid:146)s
nationals.

However,
prevent the Parties from applying their own laws and regulations concerning admission and residence.

it should be noted that the above provisions concerning the right of establishment do not

The Honourable Member(cid:146)s questions may therefore be answered as follows, with the exception of certain
specific provisions in each Europe Agreement.

1.
The application of national treatment to the right of establishment means that any discrimination is
prohibited between own nationals and the other Party(cid:146)s nationals with respect to the establishment and
pursuit of economic activities.

2.
Under national treatment, a Member State of the European Union may not restrict the right of
nationals of the other Party to become established and to pursue activities for reasons concerning the
appropriateness thereof, if it does not restrict this right for its own nationals, subject to the provisions of

C 374 E/6

Official Journal of the European Communities

EN

28.12.2000

Article 58 of the Association Agreements and of Article 59 of the Europe Agreements. Application of this
principle is subject to the provisions of Article 55 of the Europe Agreement with Estonia, Article 56 of the
Europe Agreement with Latvia and Lithuania, Article 57 of the Europe Agreement with Slovenia, Article 58
of the Europe Agreements with Hungary and Poland and Article 59 of the Europe Agreements with
Romania, Bulgaria, the Slovak Republic and the Czech Republic.

3.
Likewise, conditions relating to specific knowledge may not be imposed only on the other Party(cid:146)s
nationals. It should, however, be pointed out that to date the provision in the Agreements allowing for
measures to be taken for the mutual recognition of qualifications has not produced any effects.

4.
Likewise, with respect to the establishment and pursuit of economic activities, conditions of a
financial nature may not be imposed only on the other Party(cid:146)s nationals. Some Member States, however,
have similar provisions concerning the admission and residence of
third-country nationals in their
territory.

(2000/C 374 E/006)

WRITTEN QUESTION E-2642/99

by Andrew Duff (ELDR) to the Commission

(12 January 2000)

Subject: Allocation of rural development funds to Member States

What criteria were used in determining the recent allocation of rural development funds to Member States,
and what weighting was given to each of these?

Why were these criteria chosen? In particular, did the previous allocation of funds under Regulations now
superseded constitute one factor used in the determination and, if so, why?

How was the rural population in each Member State defined?

Answer given by Mr Fischler on behalf of the Commission

(24 February 2000)

In accordance with Article 46(2) of Council Regulation (EC) No 1257/1999 of 17 May 1999 on support
for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and
amending and repealing certain Regulations (1), the Commission fixed the initial appropriations allocated
to Member States for rural development measures part-financed by the EAGGF (Guarantee Section) (cid:145)using
objective criteria which take into account particular situations and needs, and efforts to be undertaken
especially for the environment, job creation and maintenance of the landscape(cid:146).

Member States(cid:146) particular situations and needs were examined on the basis of the 1994-1999 financial
allocations, taking as a reference point the average allocation by Member State during that period. Total
funding for the new period was increased by nearly 20 %, whereby the appropriations over and above the
previous total amount were divided among Member States according to their specific needs.

This was done inter alia using statistical criteria relating to the importance of rural areas (total size of the
Member State, size of rural areas, rural population) and to agricultural activity (usable agricultural area,
number of holdings, agricultural employment). The (cid:145)rural character(cid:146) criterion (size of rural areas and rural
taking into account a population density threshold of 100 inhabitants/km2 at
population) was set
NUTS 5 level.

(1) OJ L 160, 26.6.1999.