WRITTEN QUESTION P-2231/01 by Hans Kronberger (NI) to the Commission. Liberalisation of shop-opening hours.
Date: 2001-07-18
Institutions: European Parliament, Provisional data
Subjects: Austria, freedom to provide services, trading hours

C 364 E/250

Official Journal of the European Communities

EN

20.12.2001

The proposal is currently pending before Council, where unanimity is required. No final decision can be
expected before October 2001.

The Commission proposal lays down that parties must cover at least 25 % of their budgets from own
resources, that is to say from any resources other than the Community Budget. This own resources
component could be covered by contributions or subscriptions from national member parties or from
individuals or organisations.

The total amount that a party can receive from the Community Budget will depend on the resources made
available by the budgetary authority and the application of
in
Article 7(a) and 7(b) of the draft Regulation. It is conceivable that this amount might represent less than
75 % of a party(cid:146)s total budget.

the distribution provisions set out

Control of financing under this regulation shall be exercised in accordance with the Financial Regulation
and its implementing rules and also on the basis of an annual certification by an external independent
audit.

European political parties may not contribute financially to purely national political activities with
resources from the Community Budget.

(2001/C 364 E/276)

WRITTEN QUESTION P-2231/01

by Hans Kronberger (NI) to the Commission

(18 July 2001)

Subject: Liberalisation of shop-opening hours

In its economic policy guidelines, the Commission called on Austria to further liberalise shop-opening
hours. At present, Austria(cid:146)s 66-hour per week limit is indeed the lowest in any Member State, and this is
having adverse effects not only on purchasing power, tourism and the country(cid:146)s attractiveness as a business
location, but also in terms of employment in the distributive trades and creating jobs in related sectors.
Border areas are particularly badly affected. In addition, petrol stations are increasingly selling food and
thus distorting the market. A government agreement extending shop-opening hours to 72 hours per week
has been signed by the government but has not yet been implemented.

What steps does the Commission propose to take to prevent distortion of competition owing to shop-
opening hours being liberalised to different extents?

Will it take action in respect of those Member States which fail to liberalise in good time? If so, what
action will it take?

Answer given by Mr Bolkestein on behalf of the Commission

(5 September 2001)

The Commission is aware of the difficulties raised by differences in the national
legislation on shop-
opening hours. It should be remembered that, although this is a matter for the Member States, they must
deal with it in compliance with Community law. The problem of shop-opening hours has, moreover, given
rise to case law on the part of the Court of Justice. It is clear from that case law that the Court has refused
to declare incompatible with Article 28 (ex Article 30) of the EC Treaty national rules on shop-closing
arrangements (1), but that is not the case as far as the compatibility of such measures with Article 49
(ex Article 59) of the EC Treaty on the freedom to provide services is concerned. Moreover, the Court has
recognised the applicability of Article 43 (ex Article 52) of the EC Treaty on the freedom of establishment
to regulations on the closure of retail outlets on Sundays and public holidays, although it felt that, in this

20.12.2001

EN

Official Journal of the European Communities

C 364 E/251

case, the restrictive effects of the regulations on the freedom of establishment are too uncertain and
indirect for the obligation laid down to be regarded as being capable of hindering that freedom (2).

In this context, the Commission will examine the problem of shop-opening hours as part of the follow-up
to its Communication to the Council and the Parliament on an Internal Market Strategy for Services (3).
The Commission in fact recently adopted a new strategy with a view to improving the operation of the
internal market in services which will be split into two phases: the first phase will involve identifying the
obstacles hindering cross-border activities in the field of services; the second phase will involve proposing
measures aimed at removing those obstacles.

(1) Court of Justice, 16 December 1992, B & Q, Case C-169/91, ECR 1992, p. I-6635; Court of Justice, 2 June 1994,

Boermans, Joined Cases C-401/92 and C-402/92, ECR 1994, p. I-2199.

(2) Court of Justice, 20 June 1996, Semeraro Casa Uno, Joined Cases C-418/93 et seq., ECR 1996, p. I-2975.
(3) COM(2000) 888 final.

(2001/C 364 E/277)

WRITTEN QUESTION P-2335/01

by Gerard Collins (UEN) to the Commission

(26 July 2001)

Subject: Dissolution of the Advisory Council on Medical Training (ACMT)

The ACMT, which is the body responsible for ensuring that equivalent standards of undergraduate
education and postgraduate training obtain throughout the EU, has not met for three year. How does the
Commission propose to ensure acceptable standards in these areas among healthcare professionals and
training institutions in the applicant states, given the free movement of workers after enlargement?

Answer given by Mr Bolkestein on behalf of the Commission

(5 September 2001)

According to the Council Decision 75/364/EEC setting up the Advisory Committee on Medical Training (1),
the Committee was established to contribute to the objective of ensuring a comparably demanding
standard of training, particularly through giving advice to the Commission. The Commission has already
proposed replacing this Committee, as well as the other Committees working under the other directives
providing for recognition of specific professions in the health sector, by more flexible procedures for the
gathering and exchange of information and advice. In this context, and as the Committee agreed at its last
meeting, informal procedures have been used in the meantime to ensure the completion of its on-going
work.

The Commission also continues to consult the Committee of Senior Officials on Public Health on all
Questions relevant to the operation of the Doctors(cid:146) Directive as well as other specific directives in the
health sector. This Committee was created (cid:145)with the task of identifying and analysing any difficulties which
might arise from the implementation of the Directives relating to the right of establishment and the
freedom to provide services of doctors, collecting all relevant information on the conditions under which
medical care is given in Member States and delivering opinions which could guide the Commission(cid:146)s work
on possible amendments to those directives(cid:146) (Council Decision 75/365/EEC (1) as amended by Council
Decision 77/455/EEC (2) and later decisions).

Concerning the process of enlargement of the Union, an initiative for expert mobilisation is currently
being organised with the Technical Assistance Information Exchange Office (TAIEX) to facilitate the
exchange of information with candidate countries. The Commission has also recently issued a consultation
document on the future of the regime for professional recognition. This document is accessible on the
Europa website at: http://www.europa.eu.int/comm/internal_market/en/qualifications/consult.htm.
is
partly in view of enlargement that this consultation includes the Question of how existing procedures

It