WRITTEN QUESTION E-3151/00 by Jonas Sjöstedt (GUE/NGL) to the Commission. Barriers to exports in the German construction industry.
Date: 2000-10-06
Institutions: European Parliament, Provisional data
Subjects: Germany, Sweden, building industry, freedom to provide services, mutual recognition principle, professional experience, professional qualifications, right of establishment, small business, trade relations

18.4.2001

EN

Official Journal of the European Communities

C 113 E/247

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

C 113 E/248

Official Journal of the European Communities

EN

18.4.2001

recent judgment of the Court of Justice in the (cid:145)Corsten(cid:146) preliminary ruling (3), particularly as regards the
provision of services on a temporary basis. In this respect, the Commission is of the opinion that any other
procedure for entry on the trade register does not comply with Community law.

(1) Directive 1999/42/EEC 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 (OJ L 201,
31.7.1999).

(2) Council Directive of 7 July 1964 laying down detailed provisions concerning transitional measures in respect of
activities of self-employed persons in manufacturing and processing industries falling within ISIC Major Groups 23-
40 (Industry and small craft industries) (64/427/EEC) (OJ 117 of 23.7.1964).

(3) Case C (cid:129) 58/98, (cid:145)Corsten(cid:146), Judgment of 3.10.2000 (not yet published in the Reports of Cases before the Court).

(2001/C 113 E/271)

WRITTEN QUESTION P-3154/00

by Chris Davies (ELDR) to the Commission

(2 October 2000)

Subject: SAVE/Altener

Following reports in the press that
Commission state its intentions as regards the future of these two programmes?

the Commission is set

to abolish SAVE and Altener, will

the

At a meeting of the European Parliament(cid:146)s Committee on Industry, External Trade and Research on
Tuesday, 19 September, Commissioner de Palacio indicated that the SAVE and Altener programmes were
threatened because of insufficient personnel and resources. What action does the Commission intend to
take to rectify this situation?

Answer given by Mrs de Palacio on behalf of the Commission

(23 October 2000)

In the white paper on reforming the Commission (1) of 1 March 2000, the Commission committed itself to
a reform in order to respond to the challenges of globalisation and enlargement.
In line with the
commitments in the white paper, the Commission conducted a detailed evaluation of its activities and its
human resources. On the basis of the results of the evaluation, the Commission published a communica-
tion on (cid:145)Matching the Commission(cid:146)s activities with its human resources(cid:146) (1) which outlines measures for
securing the human resources needed to meet those objectives where staff has been found to be inadequate
in terms of number and specific skills or qualifications.

In that framework a virtual exercise was carried out on the consequences of different staffing scenarios on
the continuation or discontinuation of certain Commission activities. As part of this virtual exercise,
annex 3 of the communication sets out a tentative list of activities to be discontinued or reduced, subject
to agreement by other institutions, or requiring preparation with third parties affected by one of these
staffing scenarios. Among others, the SAVE and Altener programmes (the financial support part) are listed
in the tentative list. However in the text of the communication the Commission underlines clearly in
chapter 3.2.1.
(cid:145)The Commission has drawn up a(cid:146)virtual(cid:145)list of this category of activities that could be
discontinued, which covers very significant measures in areas such as the environment and agriculture. It
wishes to emphasise the value it attaches to those areas and would regret withdrawing from them. It
would only go ahead with such withdrawals if it were compelled to because it failed to obtain the
personnel needed to perform its current tasks(cid:146).

In conclusion, it needs to be said that this tentative list in annex 3 served as an analysis of a theoretical
option. The Commission will continue implementing the two programmes with its present SAVE and
Altener staff.

(1) COM(2000) 200 final.