WRITTEN QUESTION P-2361/00 by Monica Frassoni (Verts/ALE) to the Commission. Participation by Community citizens in Belgian local elections.
Date: 2000-07-07
Institutions: European Parliament, Provisional data
Subjects: Belgium, EU national, dissemination of information, local election, right to vote

13.3.2001

EN

Official Journal of the European Communities

C 81 E/191

Answer by Mr Bolkestein on behalf of the Commission

(14 September 2000)

The Commission has asked the Italian authorities for the information that is needed to assess the
compatibility with Community legislation on public contracts of the construction of the new Asti-Cuneo
section of motorway, as well as the extension of the concession to the SATAP company, as referred to by
the honourable Member.

It should be pointed out that, if when the information is considered it turns out that the procedures that
were followed are incompatible with the aforementioned Community law, the Commission could initiate
infringement proceedings as provided for in Article 226 (ex Article 169) of the EC Treaty, regardless of the
opinion expressed by the Italian Council of State. It is worth mentioning, in fact, that the procedure in
question is autonomous in nature and cannot depend on procedures under national law.

(2001/C 81 E/245)

WRITTEN QUESTION P-2361/00

by Monica Frassoni (Verts/ALE) to the Commission

(7 July 2000)

Subject: Participation by Community citizens in Belgian local elections

Town council elections are held in Belgium every six years. European Union citizens resident in Belgium
are entitled to vote if they are nationals of a Member State, are at least eighteen years old, live in a Belgian
commune and are on the Belgian electoral roll. However, not all Belgian local authorities use the same
methods to guarantee this right by means of inclusion on the local electoral rolls.

Some local authorities merely send Union citizens residing there the registration form needed for voting,
which must be completed by 31 July 2000.

Other local authorities issue invitations to information meetings, which Union citizens residing in the area
can attend if they are interested in voting. This procedure makes it more difficult for Community citizens
to be included on the electoral roll. There is a suspicion that these different procedures might be
determined by political considerations.

Can the Commission confirm that this behaviour constitutes an infringement of the Community law laying
down the conditions for the right to vote and stand for election in municipal elections for Community
citizens residing in a Member State of which they are not nationals?

Can the Commission ensure that all citizens of the Member States of the Union residing in Belgium have
the same opportunities to exercise their right to vote and have equal access to the relevant information,
irrespective of which commune they live in?

Answer given by Mr Vitorino on behalf of the Commission

(28 July 2000)

Article 11 of Council Directive 94/80/EC of 19 December 1994, laying down detailed arrangements for
the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union
residing in a Member State of which they are not nationals (1) states that (cid:145)the Member State of residence
shall inform voters and persons entitled to stand as candidates within the scope of Article 3 in good time
and in an appropriate manner of the conditions and detailed arrangements for the exercise of the right to
vote and to stand as a candidate in elections in that State(cid:146).

C 81 E/192

Official Journal of the European Communities

EN

13.3.2001

Replying to written question E-3111/95 from Mr Ullmann and Mr Kreissl-D(cid:246)rfler (2), the Commission has
already stated that
(cid:145)the only obligation incumbent on Member States is to inform residents in an
appropriate manner whereas the choice of the way in which this information is carried out is left entirely
to the discretion of the Member States themselves(cid:146). Consequently, the fact that the local authorities go
about contacting and informing Community nationals in different ways is not in itself contrary to the
Directive.

Article 13 of the Directive requires the Commission to report to the European Parliament and the Council
on the application of the Directive within a year of the holding in all the Member States of the municipal
elections organised on the basis of the provisions of the Directive, in this case no later than March 2002.
The Member States(cid:146) information campaigns will be evaluated in this report.

(1) OJ L 368, 31.12.1994.
(2) OJ C 79, 18.3.1996.

(2001/C 81 E/246)

WRITTEN QUESTION E-2365/00

by Alexandros Alavanos (GUE/NGL) to the Commission

(13 July 2000)

Subject: Issuing of permits to exercise the profession of tourist guide in Greece

Greek tourist guides face administrative and penal sanctions in exercising their professional duties in many
EU Member States, as they have not been issued with permits to exercise the profession. This is because no
criteria have been laid down for this purpose and because there is no organisation with responsibility in
this field in Greece.

According to your answer to my Written Question E-2775/99 (1) (cid:145)(cid:133) the current authorities in Greece
which are competent to issue these certificates are the prefects, in accordance with Presidential decree 33/
1993(cid:146); however, the Greek Ministry of Development and in particular the Greek Tourist Board have to far
persistently refused to lay down criteria to certify the tourist guide profession and the conditions for the
issue of a special pass certifying that the holder is a tourist guide.

Given that the lack of permits makes it difficult for Greek tourist guides freely to exercise their profession
in another Member State, what measures does the Commission intend to take to ensure that the legislation
is enacted to set up a mechanism which becomes operational as soon as possible to certify the profession
of tourist guide and to issue permits to exercise this profession?

(1) OJ C 225 E, 8.8.2000, p. 204.

Answer given by Mr Bolkestein on behalf of the Commission

(21 September 2000)

the Commission would like to point out

With regard to the administrative and penal sanctions imposed on Greek tourist guides in several Member
that, although Member States which regulate the
States,
profession of tourist guide must authorise professionals meeting the conditions of professional experience
laid down by Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999
establishing a mechanism for the recognition of qualifications in respect of the professional activities
covered by the Directives on liberalisation and transitional measures and supplementing the general
systems for the recognition of qualifications (1) (repealing and replacing Council Directive 75/368/CEE of
16 June 1975 (2)) to exercise this profession, these professionals must still satisfy the other conditions and
formalities required under the legislation of the host country, such as entry in a professional register or the
acquisition of a professional licence, provided that these requirements are justified under Community law
for the provision of services. The requirement of a professional
licence in the host Member State is
therefore a separate matter from the possession or lack of possession of a licence in the country of origin.