WRITTEN QUESTION E-2296/00 by Concepció Ferrer (PPE-DE) to the Commission. Uniform Community patent.
Date: 2000-07-11
Institutions: European Parliament, Provisional data
Subjects: European patent

6.3.2001

EN

Official Journal of the European Communities

C 72 E/191

it should only be done in the presence of the customs or other authorities except that in an
seals,
emergency the carrier may take action on his own initiative. The Commission do not consider that it
would be helpful to authorise transport operators to routinely break customs seals themselves to check
whether a vehicle is carrying illegal immigrants.

The Commission believes that, at this stage, solutions to the problems of illegal immigration by means of
road transport are not to be found in the context of TIR. Nevertheless, it will continue to monitor the
situation and will propose appropriate measures at Community or international level should they become
necessary.

(2001/C 72 E/245)

WRITTEN QUESTION E-2285/00

by Karl von Wogau (PPE-DE) to the Commission

(11 July 2000)

Subject: Admission of a German citizen to employment as a hunting warden in France

The holder of a hunting lease in the Erstein region applied to the SØlØstat Erstein sub-prefecture for
authorisation to engage a German citizen as a hunting warden. After a lapse of nearly seven months a
decision was handed down by the sub-prefecture rejecting the application. It was asserted in justification
that the warden(cid:146)s place of residence, in Germany, was not compatible with the duties to be performed.
That place of residence is however only twenty minutes drive from the intended place of work.

The candidate(cid:146)s qualifications and suitability are not in question.

Does the European Commission share the view that the above refusal of authorisation is incompatible with
EU-Treaty rules as they apply to the free movement of persons?

Answer by Mr Bolkestein on behalf of the Commission

(7 September 2000)

On the basis of the information supplied by the honourable Member, the Commission cannot take a final
position on the compatibility with Community rules of the SØlestat sub-prefecture(cid:146)s decision based on the
hunting warden(cid:146)s place of residence.

The honourable Member is consequently asked to forward for consideration the documents relating to this
rejection.

In more general terms, a residence requirement imposed by the national authorities of a Member State
within its territory is a restriction both of the freedom of establishment (see judgment of 29 October 1998
in Commission versus Spain, Case C-114/97) and of the freedom of movement of workers (see judgment
of 7 May 1998, Clean Car Autoservice, Case C-350/96).

The application of such a requirement is nevertheless acceptable if it is warranted by a genuine and
sufficient threat to a basic interest of society, such as public order or security.

(2001/C 72 E/246)

WRITTEN QUESTION E-2296/00

by Concepci(cid:243) Ferrer (PPE-DE) to the Commission

(11 July 2000)

Subject: Uniform Community patent

Scientific research and technological development are driving forces behind economic growth and the
competitiveness of European SMEs and therefore effective and appropriate protection for intellectual
property is essential.

C 72 E/192

Official Journal of the European Communities

EN

6.3.2001

The current European patent system is not only complex for the various Member States to administer, but
also expensive. Furthermore, the high cost of patents is generally seen as one of the main obstacles to their
widespread use in Europe. It should be noted that more than 45 % of the patents issued in Europe are of
US origin and 15 % of those issued in the United States are of European origin.

Can the Commission say what measures it proposes to remedy this situation and, if it can, how and when
it envisages implementing them?

Answer given by Mr Bolkestein on behalf of the Commission

(13 September 2000)

The Community patent is a priority issue for the Commission. Further to the conclusions of the Heads of
State and Government at the Lisbon and Feira European Councils the Commission adopted its proposal for
a regulation on the Community patent (1) on 5th July 2000. The proposed regulation aims at creating a
Community patent which is affordable and which provides full legal security to industry. The Commission
proposal on these aspects is both ambitious and balanced.

The final timetable for the introduction of the Community patent will depend on many factors, not least
on the success of the revision of the EC Treaty concerning the establishment of a new, centralised
Community jurisdiction to deal with litigation on validity and infringement of Community patents.
An integrated jurisdictional system that provides maximum legal certainty for the unitary Community
title is one of the most essential requirements for the success of the Community patent.

(1) COM(2000) 412 final.

(2001/C 72 E/247)

WRITTEN QUESTION E-2300/00

by Rosa MiguØlez Ramos (PSE) to the Commission

Subject: The Commission(cid:146)s (cid:145)port package(cid:146) and fishing ports

(11 July 2000)

The Commission has announced that it will present a (cid:145)port package(cid:146) this year to clarify the rules of
competition for port services and State aids. The aim is to ensure that independent firms have proper
access to the port services markets.

Will the provisions of this (cid:145)package(cid:146) include fishing ports as well as commercial ports and ports handling
oil?

Answer given by Mrs de Palacio on behalf of the Commission

(28 July 2000)

The Commission has indeed the intention to publish a (cid:145)Ports Package(cid:146) towards the end of this year. It is
furthermore its intention to include in this package a draft legal instrument on access to port services.

Although no final decision on the details has yet been taken, it is currently not intended to include fishing
ports in this measure but only commercial ports through which international trade is carried out.