WRITTEN QUESTION E-1522/00 by Michl Ebner (PPE-DE) to the Commission. Land purchases by EU nationals in Romania and Bulgaria.
Date: 2000-05-12
Institutions: European Parliament, Provisional data
Subjects: Bulgaria, European company, Romania, acquisition of property, agricultural real estate, legal status

13.3.2001

EN

Official Journal of the European Communities

C 81 E/51

The establishment of the wildlife park contravenes the current Regional Zoning Plan for Flanders, which
has the force of law. The permit to deforest an area of 50 hectares will damage a valuable area of
woodland and countryside which links two nature reserves.

Moreover, in granting planning permission the Minister for Regional Planning deliberately ignored the
provisions implementing the Nature Conservancy Decree, which were approved by the Flemish Govern-
ment at the beginning of September 1999 and published in the Belgian Bulletin of Acts and Decrees on
11 December 1999. One of the most important provisions was that any damage to woodland and/or the
countryside must in future be compensated.

1. Will the Commission withdraw its financial support for this project on the grounds that the
establishment of the wildlife park contravenes the Regional Zoning Plan for Flanders? If not, why not,
and on what grounds does the Commission intend to subsidise a project which conflicts with the (cid:145)green(cid:146)
objectives of the Regional Zoning Plan for Flanders?

2. Will the Commission withdraw its financial support for this project on the grounds that, in granting
planning permission,
the provisions implementing the Nature Conservancy Decree were deliberately
ignored? If not, why not, and on what grounds does the Commission intend to subsidise a project which
conflicts with the provisions of the Nature Conservancy Decree?

Answer given by Mr Barnier on behalf of the Commission

(30 June 2000)

Under the Objective 2 programme for Belgian Limburg (1997-99 programming period) European Regional
Development Fund assistance was granted for a wildlife and automobile park project at Kelchterhoef in the
municipality of Houthalen-Helchteren.

The project was approved by the programme steering committee on 27 January 1999. The total cost of
the public infrastructure is estimated at BEF 188 million (about € 4,66 million) and the Community
contribution is BEF 58,6 million (about € 1,45 million).

In general the Commission participates in the Objective 2 monitoring committees where questions of
strategy and partnership are discussed. Project selection is, however, by a steering committee of local
partners.

In the present case the Commission has determined from the summary records of the various steering
committee meetings that the project was approved subject to certain conditions, including the obtaining of
building and woodland clearance permits.

According to information received from the regional authorities at the end of 1999, a building permit
meeting all the requirements was in fact issued and the contract formally awarded before that date. The
Commission has no information on the woodland clearance permit.

Obviously any change affecting compliance with the conditions imposed, e.g. cancellation or withdrawal of
the building or woodland clearance permits, would have implications for the Community contribution to
the programme, which will terminate in its entirety on 31 December 2001.

Although it is the responsibility of the competent authorities to see that the rules applying at regional level
to development planning and nature protection are observed, the Commission will approach the Belgian
authorities in order to clarify the matters raised by the Honourable Member.

(2001/C 81 E/060)

WRITTEN QUESTION E-1522/00

by Michl Ebner (PPE-DE) to the Commission

(12 May 2000)

Subject: Land purchases by EU nationals in Romania and Bulgaria

Can the Commission state what legal status currently applies to land purchases, viz. the purchase of both
land and forestry areas, by EU nationals in the two applicant states of Bulgaria and Romania?

C 81 E/52

Official Journal of the European Communities

EN

13.3.2001

The Commission is asked in particular to indicate what legal personality (private individual, company,
joint-stock company, etc) must be enjoyed by the purchaser, and what ceilings are applicable to such land
purchases? The Commission is also asked to indicate whether the current legal situation in Bulgaria and
Romania in this connection is comparable with that in the EU Member States, or if approximations will
still be required in this connection as part of the accession process before the legislation applicable in
those two countries becomes compatible with EU law?

Answer given by Mr Verheugen on behalf of the Commission

(20 June 2000)

Community companies established in Bulgaria,
including those with 100 % foreign participation are
entitled to buy real estate including agricultural land for business purposes. Foreign individuals and legal
entities may also acquire buildings and limited property rights on Bulgarian land, subject to authorisation
by the Bulgarian authorities. No ceilings apply to the value of the purchase. Any other acquisition of land
by foreigners is forbidden by the constitution.

According to the Romanian constitution, foreign citizens have no right to acquire land. In general, non-
residents (legal or natural) cannot buy real estate. According to Law No 18/1991 on land assets, (cid:145)those
individuals who are not Romanian citizens and are not domiciled in Romania as well as those legal entities
which have not Romanian nationality and have not their headquarters in Romania cannot acquire property
of any kind(cid:146). However, Community companies, established in Romania, can acquire land necessary for the
conduct of the economic activities for which they are established. No ceilings are applied to the value of
land purchases by Community companies.

The current legal situation on the acquisition of real estate is therefore not comparable with that in the
Member States and is not compatible with the acquis. To make the legislation compatible with the acquis,
by the time of accession, Romania and Bulgaria will have to grant national treatment to Community
citizens with regard to the purchase of land.

(2001/C 81 E/061)

WRITTEN QUESTION E-1526/00

by Ilda Figueiredo (GUE/NGL) to the Commission

(12 May 2000)

Subject: World-wide acceleration of the liberalisation of the textile sector

In view of reports that bilateral and multilateral negotiations are to be launched to speed up the world-
wide liberalisation of the trade in textiles and clothing, so that this objective is attained before the expiry in
2005 of the quotas provided for in the Marrakech accords of April 1994,

Will the Commission say:

1. What stage have these negotiations reached?

2. What steps are being taken to safeguard the interests of countries such as Portugal in which the textile
and clothing industries are very important, notably as regards employment and regional development?

3. What studies exist on the impact of the liberalisation of the textile trade in the European Union and
Portugal, notably as regards employment, the protection of small and medium-sized undertakings,
regional development, etc.?