WRITTEN QUESTION E-3017/00 by Elizabeth Lynne (ELDR) to the Commission. EU legislation on hygienic cutlery wrapping.
Date: 2000-09-26
Institutions: European Parliament, Provisional data
Subjects: EU law, competence of the Member States, food hygiene, household article, medical institution, preparation for market

C 113 E/230

Official Journal of the European Communities

EN

18.4.2001

As for the application of these rules by cities, to which the Honourable Member refers, each Member State
is free to delegate powers to its domestic authorities as it considers fit, and to implement directives by
means of measures adopted by regional or local authorities. That division of powers does, however, not
release it from the obligation to ensure that the provisions of the directive are properly implemented in
national law (4).

The imposition of administrative or even penal fines upon people exercising a regulated profession without
qualification or without prior recognition of their qualification obtained in another Member State is in
principle not contrary to the above rules. As a matter of fact, the Commission has never received any
complaint concerning a refusal by a Member State to recognise a tourist guide qualification or concerning
any particular difficulty regarding recognition procedures in this area.

As regards the imposition of fines on tour managers, the problem appears to be due mainly to a confusion
between the profession of tour manager and that of tourist guide. The competence for the definition of the
scope of these two professions lies with the Member States. The facts brought so far to the Commission(cid:146)s
attention in this context do not indicate a practice that could constitute an infringement of the EC Treaty.
The Commission would in any case remind the Honourable Member that Article 49 (ex-Article 59) of the
EC Treaty (freedom to provide services) has direct effect and confers rights on individuals that national
Interested parties can hence best protect their individual rights by
authorities are bound to respect.
applying to national courts for the annulment of fines they deem to be imposed in violation of these
provisions.

(1) SEC(97) 837 final.
(2) MARKT/D4/8052/4/99.
(3) OJ L 209, 24.7.1992 (OJ L 30, 9.2.1995) (as last modified).
(4) ECJ C-227-230/85.

(2001/C 113 E/251)

WRITTEN QUESTION E-3017/00

by Elizabeth Lynne (ELDR) to the Commission

(26 September 2000)

Subject: EU legislation on hygienic cutlery wrapping

Does the Commission have any information on whether there is presently any EU legislation pending or
passed on the hygienic presentation of wrapped cutlery in hospitals? Is there a statutory requirement for
fully wrapped and sealed cutlery in hospitals?

Answer given by Mr Byrne on behalf of the Commission

(31 October 2000)

There is no Community legislation regarding the hygienic presentation of cutlery wrapping in hospitals.
Likewise, there is no statutory requirement for fully wrapped and sealed cutlery in hospitals. As health care
systems are a national responsibility, national legislation may exist for each Member State in this area.

(2001/C 113 E/252)

WRITTEN QUESTION E-3022/00

by Mar(cid:237)a Sornosa Mart(cid:237)nez (PSE) to the Commission

(26 September 2000)

Subject: Need to standardise the colour of the lights on emergency vehicles in the Community

In Spain the colour of the lights on emergency vehicles has not so far been brought into line with the
colour used in other Community countries, where such lights are blue. This means that priority and