WRITTEN QUESTION E-1620/01 by Salvador Garriga Polledo (PPE-DE) to the Commission. Statute of the European Foundation.
Date: 2001-06-12
Institutions: European Parliament, Provisional data
Subjects: European association, legal status

11.12.2001

EN

Official Journal of the European Communities

C 350 E/201

circumstance that Malaga is one of the noisiest cities in Europe, with a noise level in excess of 65 decibels,
the level considered harmful by the WHO.

Can the Commission give an account of the general and environmental legislation at EU level under which
the public is protected against noise, given that existing noise levels are causing these Malaga residents so
much damage (physical damage included) that they have decided to launch a crusade to fight this form of
sound pollution?

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(25 July 2001)

The Commission has received several complaints that are of a similar nature to that cited in the
Honourable Member(cid:146)s question.

The Community has not adopted legislation about acceptable levels of noise nuisance. This type of
problem is therefore currently a purely national challenge and the complainants should address their
concerns to the competent authorities in Spain.

However, the Commission has launched a proposal for a Directive for the assessment and management of
environmental noise (1). This was a follow up to mainly Parliament(cid:146)s responses to the earlier work on noise
that was presented as a Green Paper (2). The proposal is currently being examined by the Parliament and
the Council.

The proposal will ensure that the Member States assess levels of environmental noise and inform the
public about the result of their assessment and their plans to reduce the noise nuisance.

(1) OJ C 337 E, 28.11.2000.
(2) COM(96) 540 final.

(2001/C 350 E/219)

WRITTEN QUESTION E-1620/01

by Salvador Garriga Polledo (PPE-DE) to the Commission

Subject: Statute of the European Foundation

(12 June 2001)

Numerous institutions, bodies and natural and legal persons from various Member States have been asking
when they will be able to make use of a legal instrument similar to that governing foundations in the
Member States.

A wide range of non-profit activities require a joint effort and commitment on the part of citizens of more
than one EU Member State, in order to carry out non-commercial activities of an altruistic nature.

A Statute of the European Foundation would provide them with a legal instrument for carrying out their
activities of cultural sponsorship, etc, in the general interest and on a non-profit basis.

Can the Commission describe the present situation as regards the project for a Statute of the European
Foundation? On what basis does the Commission believe such a Statute could be fully operative for the
purposes outlined above, in the near future?

Answer given by Mr Liikanen on behalf of the Commission

(25 July 2001)

In 1992 the Commission presented three proposals for Statutes for the creation of a European Co-
operative, European Mutual Society and European Association (1). These were amended in 1993 in the
light of opinions of the European Parliament and Economic and Social Committee (2). These texts closely

C 350 E/202

Official Journal of the European Communities

EN

11.12.2001

paralleled the Statute for a European Company (3) with regard to the rules concerning the structure, powers
and obligations of their organs. However they take into account
the specific characteristics of co-
operatives, mutuals and associations. Foundations are specifically included amongst the types of legal entity
that may benefit from the proposal for a statute creating a European Association.

The Commission believes that the Statute for a European Association will satisfy the need for legal
instrument for any organisation engaging in non-commercial and socially committed activities in the
general interest and on a not-for-profit basis.

The political agreement on the Statute for a European Company in the Council in December 2000 (4) has
enabled negotiations on the other statutes to be re-opened in the Council, and the European Co-operative
Statute is now under discussion. The Commission will make its best efforts to ensure that the text of the
Statute for a European Association is ready for discussion as soon as agreement has been reached amongst
the Member States(cid:146) on the European Co-operative Statute.

(1) Original proposal OJ C 99, 21.4.1992.
(2) Amended proposal OJ C 236, 31.8.1993.
(3) Amended proposal OJ C 176, 8.7.1991.
(4) Press Release: 489, No 14671/00.

(2001/C 350 E/220)

WRITTEN QUESTION E-1625/01

by Joachim Wuermeling (PPE-DE) to the Commission

(12 June 2001)

Subject: Commission(cid:146)s services initiative

In some Member States, access to and exercise of some trades and professions are still subject to state
regulation. Such state regulation, the German Chimney Sweeps Act for example, provides inter alia for
territorial protection and fixed fees which are higher than those for similar activities. That results in
disparities in regulation within the European Union and in the partitioning off of national and regional
markets.

As part of its services initiative, does the Commission intend to propose an opening up of markets in this
area?

Answer given by Mr Bolkestein on behalf of the Commission

(19 July 2001)

The Communication from the Commission of 29 December 2000 (1) sets out a strategy for creating an
internal market for services, in order to ensure that services can move as freely from one Member State to
another as they can within an individual Member State.

This strategy has a two-step approach: the first step (2001) will consist of a comprehensive, systematic
identification of the barriers to free movement of services across national frontiers, irrespective of the
sector involved. The second step (2002) will focus on proposals for appropriate solutions.

The analysis which the Commission is currently undertaking is therefore also concerned with restrictions
on the free movement of services which may be caused by regulations concerning conditions of access to
and exercise of certain professions.

As regards the German Law on Chimney Sweeps, the Commission has received a number of petitions
drawing its attention to the need to analyse in detail requirements such as those arising from the German
legislation on chimney sweeps, which restricts to the profession of district master chimney sweep the
exercise of an activity which, in other Member States, may be carried out by professions with the same
qualifications.

(1) COM(2000) 888 final.