WRITTEN QUESTION E-1026/02 by Klaus-Heiner Lehne (PPE-DE) to the Commission. Discrimination arising from the introduction of local environmental legislation in four Swedish cities.
Date: 2002-04-16
Institutions: European Parliament, Provisional data
Subjects: European Commission, Sweden, diesel engine, environmental protection, exchange of information, motor vehicle, town

26.9.2002

EN

Official Journal of the European Communities

C 229 E/171

Does not the Commission agree that captains who are not employed in the public service cannot fall
2.
under Article 39(4), inter alia on the grounds that the Court uses the phrase ‘whatever the duties of the
employee’ (judgment in case C-283/99, Commission v. Italy)?

3.
A number of Member States do not impose any nationality requirements on captains, and evidently
do not have any problems with public policy or public security. Why should this be any different in
Member States which do impose such a requirement, particularly in fishing?

4.
Does the Commission agree that there are also no grounds for invoking public policy, public security
and public health (Article 39(3)) in this connection because the entry or residence of a captain in a
Member State need not in itself present any danger to public policy, public security and public health
(judgment C-114/97, Commission v. Spain)?

5.
Is the Commission aware that in a number of Member States there are serious shortages of captains,
so that the nationality requirement jeopardises both the Community’s labour market and its international
competitive position?

(1) OJ C 40 E, 14.2.2002, p. 177.
(2) OJ C 174, 8.6.1998, p. 57.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(31 May 2002)

The exercise of public authority in connection with nationality restrictions set out by Member States to
certain professions has indeed been the subject of recent case-law of the Court of Justice (cases C-114/97
and C-293/99). The Commission would like to recall, however, that the Court did not in this case-law deal
with the specific question of nationality requirements for captains and first officers who must perform
special functions due to the special characteristics of maritime navigation.

Furthermore, it should be noted that the application of Community law on free movement in relation to
the nationality requirements to captains and first officers of ships is currently being examined by the Court
of justice in the pending Anave-case (C-405/01).

As this case is still ‘sub iudice’, the Commission would like to refrain from making any form of prediction
as to its possible outcome or more detailed remarks on the possible implications of this case law on
previously defended positions.

(2002/C 229 E/198)

WRITTEN QUESTION E-1026/02

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

(16 April 2002)

Subject: Discrimination arising from the introduction of local environmental legislation in four Swedish

cities

legislation. The legislation applies to 3,5 tonnes diesel-engined vehicles,

On 1 January 2002, four Swedish cities 9 Stockholm, Malmö, Gothenburg and Lund 9 have introduced
new environmental
including
foreign-registered vehicles. Vehicles with engines built to European standards do not fulfil the requirements
of the new environmental legislation. As a result, their use in the four cities referred to is subject to
restrictions. The owners of the vehicles are obliged to have fitted a filter which is available only in Sweden
and which would nevertheless oblige them to run their vehicles on a special diesel fuel. The result in
practice is that only local coaches and undertakings can drive and/or operate in these cities.

Does the European Commission take the view that the situation outlined above constitutes a breach of EC
Treaty rules, especially the provisions relating to fundamental freedoms?

What will the Commission do if it accepts that the situation outlined above constitutes a breach of EC
Treaty rules?

C 229 E/172

Official Journal of the European Communities

EN

26.9.2002

Answer given by Mr Bolkestein on behalf of the Commission

(12 June 2002)

The Commission is not aware of the measures described by the honourable Member. It will contact the
Swedish authorities for further information about any difficulties created by these measures.

In the meantime, the Commission asks the honourable Member to provide more detailed information
about the measures.

(2002/C 229 E/199)

WRITTEN QUESTION E-1037/02

by Daniel Varela Suanzes-Carpegna (PPE-DE) to the Commission

(16 April 2002)

Subject: Svalbard prawn fishing

Prawn fishing in Svalbard by the Community fleet
is in serious difficulties due to the obligation,
unilaterally imposed by Norway, that no more than four units of the EU fishing fleet be present at any one
time.

This practice was imposed some years ago, which means that there is a risk of its becoming established, to
the prejudice of the Community fleet, which cannot take up the whole of the fishing effort annually
assigned to it. It should be added that the limitation in question occurs precisely in the short space of time
during which the region can be accessed, given the adverse weather conditions there throughout the rest
of the year.

In recent years, the Commission has been holding consultations with the Norwegian authorities with a
view to resolving the problem, without any positive outcome whatever.

Is the Commission aware of the problem indicated above, and of the harm it is doing to the Community
fleet fishing for prawns in Svalbard?

Is the Commission continuing its consultations with the Norwegian authorities in this connection, and if
so, with what result?

Has the Commission taken, or does it intend to take any other steps in this respect, which would enable a
solution to the problem and the prejudice being suffered by the Community fleet affected to be resolved?

Answer given by Mr Fischler on behalf of the Commission

(8 May 2002)

At the present time, the Community’s relations with Norway concerning shrimp catches in the Svalbard
area are governed by a so-called ‘gentlemen’s understanding’.

This understanding, which is entirely informal in nature and is therefore not of a binding nature upon
either of the Parties, allows the Community to fish for shrimp on up to 519 fishing days a year in the
Svalbard area using a maximum of ten vessels, four of which can be in the area at any one time.

On a number of occasions, the Commission has consulted the Norwegians on this subject with a view to
amending the current restrictions. The present position of Norway is that despite the clearly understood
need to increase Community access to fishing in these waters, they are unwilling to change the fishing
conditions.

The Commission is entirely aware of the difficulties that this situation presents to Member States. To this
end, the Commission will continue to endeavour to engage the Norwegian authorities in a dialogue, which
will lead to improved access conditions for the Community shrimp fleet.