WRITTEN QUESTION E-3144/00 by Cristiana Muscardini (UEN) to the Commission. Freedom of movement of European air traffic controllers.
Date: 2000-10-06
Institutions: European Parliament, Provisional data
Subjects: European Commission, Spain, access to a profession, air traffic control, civil aviation, free movement of workers, infringement procedure (EU), recognition of diplomas, vocational training

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Official Journal of the European Communities

C 113 E/245

(2001/C 113 E/268)

WRITTEN QUESTION E-3114/00

by Freddy Blak (PSE) to the Commission

(4 October 2000)

Subject: Protection of designs

The considerable differences between the Member States(cid:146) legislation on designs in terms of applications,
design registration authorities, procedures, laws, nationally restricted sole rights, etc. make it very difficult
and costly to protect a product from competitors.

What protection is provided by the EU(cid:146)s rules on the protection of designs for a Dane who had his design
copied 13 years ago by a large Italian firm? Where should he make representations and is it possible for
him where the design of his product is protected in Denmark, to take legal action in the Member State
where the product has been copied?

Answer given by Mr Bolkestein on behalf of the Commission

(7 November 2000)

The Commission is pleased to inform the Honourable Member about the results that have been achieved
with a proposal for a Directive 98/71/EC of the Parliament and of the Council, of 13 October 1998, on
the legal protection of designs (1) and some of the expected result of work with the designs regulation (2) in
relation to his question. The Directive harmonises the essential elements of the Member States(cid:146) substantive
law on industrial designs and it will certainly make it much easier for individual industrial designers to rely
on the protection afforded to them in each Member State, as soon as the legislation is harmonised which,
according to the Directive, should be no later than 28 October 2000. Industrial designs protection is
dependant on the various national systems such as registration, but apart from specific designs protection
each Member State must provide for remedies against copyright infringements and unfair competition. The
Community designs regulation will in contrast provide for an easy, user friendly and affordable system to
obtain designs protection for the whole Community. As to the Honourable Member(cid:146)s specific question
about the problems, it seems a solution cannot be found in Community law as Community legislation does
not apply with retroactive effect. Therefore, the solution depends in principle on the relevant law of the
Member States in which the problem arises.

(1) OJ L 298, 28.10.1998.
(2) COM(2000) 660.

(2001/C 113 E/269)

WRITTEN QUESTION E-3144/00

by Cristiana Muscardini (UEN) to the Commission

(6 October 2000)

Subject: Freedom of movement of European air traffic controllers

With reference to:

(cid:129) point (h) of the Council Resolution of 18 July 1989 (1),

(cid:129) Article 1 of the proposal for a Directive on mutual acceptance of personnel licences for the exercise of
functions in civil aviation (COM(89) 0472 (2) and COM(91) 0222 (3)), which covered the profession of
air traffic controller,

(cid:129) the favourable opinions on this inclusion expressed by the Economic and Social Committee

(14.3.1990 (4)) and the European Parliament (resolution of 12 October 1990 (5)),

(cid:129) Directive 91/670/EEC (6), which removes air traffic controllers from the list of aeronautical professions,

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(cid:129) recital P of the EP(cid:146)s resolution of 18 September 1992 (7), which criticises this action on the part of the

Council,

(cid:129) paragraph 24 of

the White Paper on Air Traffic Management

(COM(96) 0057)

in which the

Commission advocated facilitating the free movement of air traffic controllers,

(cid:129) the fact that in the absence of a specific directive recognising this profession the general system for the
recognition of diplomas (89/48 (8) and 92/51 (9)) should apply, provided that the profession to be
recognised is regulated in the host country,

(cid:129) the fact that the Member States, for internal political reasons, often tend not to apply it to air traffic

controllers, even though the profession is (cid:145)regulated(cid:146) by their legal systems,

(cid:129) the case of an Italian air traffic controller (Mr Lorenzo Vincenzi), who was prevented by the Spanish
authorities from applying for recognition of his professional qualifications because of the alleged
absence of regulations governing the profession,

(cid:129) the fact that, therefore, free movement in this profession is still impossible in the European single

market.

1. Can the Commission say whether the profession of air traffic controller is regulated in Spain;

2. what steps it intends to take to ensure freedom of movement for European air traffic controllers;

3.

in particular, whether it might establish harmonised systems for training and issuing licences for air
traffic controllers, so that this profession can be covered by Directive 91/670/EEC;

4. what steps it intends to take to oblige the Member States to apply the general system of recognition?

(1) OJ C 189, 26.7.1989, p. 3.
(2) OJ C 10, 16.1.1990, p. 12.
(3) OJ C 175, 6.7.1991, p. 14.
(4) OJ C 124, 21.5.1990, p. 18.
(5) OJ C 284, 12.11.1990, p. 198.
(6) OJ L 373, 31.12.1991, p. 21.
(7) OJ C 284, 2.11.1992, p. 170.
(8) OJ L 19, 24.1.1989, p. 16.
(9) OJ L 209, 24.7.1992, p. 25.

Answer given by Mr Bolkestein on behalf of the Commission

(7 November 2000)

As the Honourable Member rightly states, in the absence of a specific Directive relating to the profession
of air traffic controller, that profession is governed, depending on the level of training required in the
Member States, either by Council Directive 89/48/EEC of 21 December 1988 on a general system for the
recognition of higher-education diplomas awarded on completion of professional education and training of
at least three years(cid:146) duration, or by Council Directive 92/51/EEC of 18 June 1992 on a second general
system for the recognition of professional education and training to supplement Directive 89/48/EEC,
insofar as the profession is regulated in the host Member State.

The Commission is aware of the case to which the Honourable Member refers, and is currently processing
a complaint relating to it.

According to the information available to the Commission, current Spanish legislation makes the taking up
and pursuit of the profession of air traffic controller conditional on possession of certain professional
qualifications. This is apparent from Royal Decree No 3/1998 of 9 January 1998. Consequently, the
Commission considers the profession to be regulated in Spain.

However, the profession of air traffic controller is not included in the list of regulated professions
contained in Annex I to Royal Decree 1665/1991 and in Annex IV to Royal Decree 1396/1995 (as
amended by Royal Decree 1754/1998 of 31 July 1998), which provide the general framework for the
transposition of Directives 89/48/EEC and 92/51/EEC. Moreover, Spanish legislation which regulates the
profession does not, as far as the Commission is aware, contain any provisions relating to the recognition
of professional qualifications acquired in other Member States.

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The Commission has initiated an infringement procedure against Spain. The procedure is currently at the
formal notice stage. In the light of the Spanish Government(cid:146)s comments, the Commission reserves the
right to send the Spanish Government a reasoned opinion so that the country(cid:146)s legislation may be brought
into line with the general system for the recognition of professional qualifications.

(2001/C 113 E/270)

WRITTEN QUESTION E-3151/00

by Jonas Sj(cid:246)stedt (GUE/NGL) to the Commission

(6 October 2000)

Subject: Barriers to exports in the German construction industry

Small firms in Sweden sometimes encounter problems when wanting to carry on business activity in other
Member States. The problems are biggest in Germany, Sweden(cid:146)s biggest export market.

One problem is that when a firm wishes to carry on economic activity in Germany, on whatever scale, it
first has to register as a business with the German authorities. In the case of construction activity, it must
also apply for membership of a builders(cid:146) association, for which a Swedish vocational training certificate is
required, along with proof that it has been trading for more than six years. Regardless of whether Swedish
firms plan to stay one day or two years, they all have to go through the same procedure in Germany.

Does the Commission consider the above procedures to be compatible with the rules on free movement in
the internal market?

Answer given by M. Bolkestein on behalf of the Commission

(7 November 2000)

When firms established in Sweden wish to carry out activities in Germany on a permanent basis, the
national measures in the host Member State must comply with the right of establishment referred to in
Article 43 (formerly Article 52) of the EC Treaty. For temporary activity in Germany, the German
authorities and courts are obliged to comply with the principle of freedom to provide services referred to
in Article 49 (formerly article 59) of the EC Treaty.

Generally speaking, a national measure complies with these provisions of the EC Treaty only if it is applied
in a non-discriminatory manner, it is justified in terms of the overriding general interest, it is a suitable
means of achieving the objective pursued and it does not go beyond what is necessary for achieving that
objective.

As regards the problem relating to the construction sector which the Honourable Member raised in
particular, the Commission would like to point out that a distinction should be made between the
recognition of training and professional experience on the one hand, and the procedures for inclusion on
the trade register ((cid:145)Handwerksrolle(cid:146)) on the other, and that the recognition of training and professional
experience may take the form of the authorisation to be given by the German authorities. When the
German authorities ask for proof from the Swedish authorities concerning the performance of the activity
in question for at least six years in another Member State, this is in accordance with Directive 1999/42/
EEC (1), in particular Article 4, and, therefore, also with the provisions of Articles 43 and 49 of the EC
Treaty. This Directive replaced Directive 64/427/EEC (2) without any amendment to the existing rules in
this respect. The provisions of Article 4 of the Directive were transposed by the Order of the Ministry of
Economic Affairs of 4 August 1966 concerning the conditions for inclusion on the trade register for
nationals of other Member States. However, once issued, authorisation should provide entitlement to
automatic inclusion on the trade register without any additional administrative costs. This is the result of a