WRITTEN QUESTION E-0380/01 by Klaus-Heiner Lehne (PPE-DE) to the Commission. Freedom of establishment in the Netherlands.
Date: 2001-02-15
Institutions: European Parliament, Provisional data
Subjects: Netherlands, action for failure to fulfil an obligation, application of EU law, professional experience, recognition of diplomas, right of establishment

3.7.2001

EN

Official Journal of the European Communities

C 187 E/221

(2001/C 187 E/246)

WRITTEN QUESTION E-0380/01

by Klaus-Heiner Lehne (PPE-DE) to the Commission

(15 February 2001)

Subject: Freedom of establishment in the Netherlands

A German refrigeration plant manufacturer wishing to work in the Netherlands applied for exemption
from the CFC exam required by that country. This application was rejected with reference made to the
(cid:145)unique requirements(cid:146) of Dutch training. Furthermore, his master craftsman(cid:146)s certificate has not been
recognised, even at the request of the LGH.

1. What is the Commission(cid:146)s view of this case in the context of freedom of establishment?

2. What action does the Commission intend to take, should it establish that the Dutch authorities have
breached the right of establishment?

Answer given by Mr Bolkestein on behalf of the Commission

(26 March 2001)

In the case of the mutual recognition of professional qualifications, the profession of refrigeration system
engineer (cid:129) inasmuch as it comes under the construction of machinery and electrical supplies (cid:129) is covered
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).

Under Article 4 of the Directive (cid:129) which incorporates without amendment the corresponding provision of
Council Directive 64/427/EEC 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falling within ISIC Major Groups 23-40 (Industry and small craft industries) (2), which is no longer in force
(cid:129) where, in a Member State, the taking-up or pursuit of an activity is subject to possession of general,
commercial or professional knowledge and ability, that Member State shall accept as sufficient evidence of
such knowledge and ability the fact that the activity in question has been pursued, generally for six years,
in a self-employed capacity or as a manager of an undertaking in another Member State

After the full transposition of the Directive (cid:129) the deadline for which is 31 July 2001 (cid:129) those who do not
satisfy the conditions of professional experience laid down in Article 4 will also be able to apply for
recognition of their diploma, certificate or other qualifications in accordance with Article 3 of the
Directive.

It follows from the above that Directive 1999/42/EC does not currently allow applications to be made for
the recognition of training qualifications. However, in accordance with Articles 43 and 49 (ex Articles 52
and 59) of the EC Treaty as interpreted by the Court of Justice ((cid:145)Vlassopoulou(cid:146) judgement), the Member
States must henceforth take account of training qualifications acquired in another Member State and
conduct an examination to compare the qualification acquired by the migrant in his country of origin and
that required in the host Member State. While any discrimination based solely on the origin of
qualifications is banned by Articles 43 and 49 of the EC Treaty, these articles nevertheless do not (cid:129)
unlike the Directive in question (cid:129) indicate any specific requirement with regard to the result of such
a comparative examination.

In the absence of more detailed information on the professional experience of the person in question and
the reasons for the rejection of his application, the Commission is not in a position to comment on the
compliance with Community law of the decision that the Dutch authorities took in this instance.

As for the measures planned by the Commission, it should be pointed out that the infringement procedure
laid down in Article 226 (ex Article 169) of the EC Treaty is appropriate when a Member State(cid:146)s national
legislation does not comply with Community law or when, although the legislation complies, there is
a recurrent administrative practice that is contrary to Community law. On the other hand, the Commission

C 187 E/222

Official Journal of the European Communities

EN

3.7.2001

is not in a position to deal directly with individual cases. Neither the Commission nor the Court of Justice
has the power to repeal a decision made by a national authority or to insist that a Member State pay
compensation to individuals. The national courts have sole competence in this. In order to facilitate
informal settlement of individual cases, however, a network of national contact points has been set up.

(1) OJ L 201, 31.7.1999.
(2) OJ 117, 23.7.1964.

(2001/C 187 E/247)

WRITTEN QUESTION E-0387/01

by Nicholas Clegg (ELDR) to the Commission

(15 February 2001)

Subject: Galapagos Islands

What EU assistance,
the fragile
is available to the Ecuadorian Government
ecosystems of those Galapagos islands (San Cristobal, Espanola, Santa Fe) most directly affected by the
recent oil spill?

to help protect

if any,

Answer given by Mr Patten on behalf of the Commission

(28 March 2001)

Since 1994,
the Commission has supported the Charles Darwin Foundation (an independent body
responsible for research, training and educational activities for conserving the archipelago) as part of
a project to step up its scientific and educational programme (project ref. ECU/RELEX/1994/0046, for
€ 862 000). The Foundation is at present involved in a Community research programme on the manage-
ment of marine resources and the conflict resolution in island ecosystems financed in 1998 (ref. IC18-
CT98-0297, € 550 000).

the Commission received a request

for emergency aid from the Ecuadorian
On 23 January 2001,
authorities concerning the oil slick in the Galapagos Islands. On 24 January 2001 the Commission
announced that it was sending a European task force made up of three experts (1). This decision was taken
under the procedure provided for in Decision 2850/2000/EC of the European Parliament and of the
Council of 20 December 2000, setting up a Community framework for cooperation in the field of
accidental or intentional marine pollution (2). The experts(cid:146) task was to help the Ecuadorian authorities to
define the best way of reducing the impact of pollution and helping to restore the affected areas.

Lastly, the call for proposals which is under way for the (cid:145)environment in developing countries(cid:146) (ref. SCRE/
111699/C/G) is open to organisations equipped to help preserve the archipelago(cid:146)s ecosystem.

(1) Press release IP/01/104.
(2) OJ L 332, 28.12.2000.

(2001/C 187 E/248)

WRITTEN QUESTION P-0417/01

by Jillian Evans (Verts/ALE) to the Commission

(13 February 2001)

Subject: Job losses at Corus plants in the United Kingdom

The steel producer Corus announced last week that 6 000 workers are to lose their jobs at the company(cid:146)s
plants across the United Kingdom with about 3 000 of these redundancies occurring at the company(cid:146)s
plants in Wales.