WRITTEN QUESTION E-1046/02 by Raina Echerer (Verts/ALE) to the Commission. New Residence Act in Austria and the Schengen Agreement.
Date: 2002-04-17
Institutions: European Parliament, Provisional data
Subjects: Austria, EU national, Schengen Agreement, foreign national, free movement of persons, integration of migrants, national law, use of languages

14.11.2002

EN

Official Journal of the European Communities

C 277 E/137

(cid:1) river basin management plans and programmes of

to achieve the
environmental objective: to be developed with mandatory participation of all interested and involved
parties, stakeholders and non-govermental organisations (NGOs), and to be finalised by December
2009;

the necessary measures

(cid:1) water pricing, taking into account the principle of recovery of costs, to be operational by 2010.

Achieving these objectives, also and in particular in the preparatory phase,
is being supported by an
unprecedented cooperation of Commission, Member States, Candidate Countries, NGOs and stakeholders
in the framework of a ‘Common Implementation Strategy’.

This strategy, agreed only four months after the coming into force of the directive, will focus on:

(cid:1) exchange of information;

(cid:1) development of guidance documents;

(cid:1) management of information and data;

(cid:1) application and testing in pilot river basins.

The Commission is aware of the fact that in Greece as well as in other Member States and Candidate
Countries preparations for implementing the Water Framework Directive are under way. The Commission
is, within the Common Implementation Strategy, actively supporting efforts for implementation.

Deadlines for compliance with obligations are from December 2003 onwards.

The Commission will, complementing its efforts within the Common Implementation Strategy, in its role
as Guardian of the EC Treaty, carefully observe compliance with objectives and deadlines under Directive
2000/60/EC, and take the necessary steps where appropriate. However, as elaborated, objectives and
obligations described in the question are not required to be delivered yet.

Both the ‘National Operational Programme-Rural Development for Greece (2000-2006)’ and the thirteen
Regional Operational Programmes of the country take into consideration the provisions of the Water
Framework Directive 2000/60/EC. This is a binding sine qua non condition for the implementation of any
related measures and actions. This is in particular applies for all measures related to the management of
the surface and ground water resources but as well others that are more technical, such as the
‘Cartography and the typology of the soils’. Close cooperation between the Ministry of agriculture and the
Ministry of Environment and Public Works is foreseen in order to guarantee regulatory compliance and the
optimization of the water resources of the country, including for agricultural purposes.

(1) OJ L 327, 22.12.2000.

(2002/C 277 E/155)

WRITTEN QUESTION E-1046/02

by Raina Echerer (Verts/ALE) to the Commission

(17 April 2002)

Subject: New Residence Act in Austria and the Schengen Agreement

The new draft Residence Act in Austria includes, inter alia, an integration aspect which provides that, after
a certain period of time has elapsed, foreigners of either sex may have their residence permits withdrawn
and may be deported unless they take advantage of an offer relating to their integration into society and,
within a certain period, successfully complete a German-language course.

Since refusal of a residence permit and deportation having the force of law in Austria would also apply to
nationals of the countries signatory to the Schengen Agreement, the new Residence Act might give rise to
a situation in which a person from a country where French is spoken might come to Austria, fail to learn
a sufficient amount of German and then, although speaking perfect French, not be permitted to return to
France under the Schengen Agreement.

C 277 E/138

Official Journal of the European Communities

EN

14.11.2002

Can the Commission verify whether this depiction of the situation is accurate and whether this

1.
absurd example might be one of the consequences of the Austrian Residence Act?

Does the Commission take the view that the new Residence Act could be implemented in the

2.
European Union and that it is compatible with its principles?

Answer given by Mr Vitorino on behalf of the Commission

(13 June 2002)

It is not the Commission’s practice to comment on draft legislation in fields in which the Member States
are not required to notify their plans to the Commission.

But it would observe that, from 1 June 2002, citizens of the European Union, as well as nationals of the
European Economic Area (EEA) and the Swiss Confederation and members of their families, have the right
to move and reside freely within the territory of the Member States, the EU, the EEA and Switzerland,
without being subject to any conditions regarding their language ability.

(2002/C 277 E/156)

WRITTEN QUESTION E-1048/02

by Chris Davies (ELDR) to the Commission

(17 April 2002)

Subject: Commission action on shark finning

On 14 March 2002 the European Parliament approved a resolution calling on the European Commission
to propose the prohibition of shark finning by all vessels registered to EU Member States and the landing
of severed shark fins at all EU ports, and the implementation of measures to comply with the UN
International Plan of Action for Sharks (B5-0031/2002, included in report A5-0063/2002).

What action does the Commission intend to take?

true that

Is it
initiatives to prevent shark finning are being delayed by lengthy discussions in the
Commission regarding which species should be included and the need to specify precise conversion rates
from whole sharks to fins for every species taken?

Answer given by Mr Fischler on behalf of the Commission

(7 May 2002)

The Community supported actively the technical meetings that prepared the Food and Agriculture
Organisation (FAO) International Plan of Actions for Sharks, and its adoption at global level in 1999.

As follow up, the Commission already presented a Community draft plan of action to the FAO Committee
on Fisheries (FAO-COFI)
the FAO
international plan for sharks is scheduled for the next FAO-COFI meeting in 2003.

implementation and revision of

in February 2001. A further

The Commission is at present working on a proposal to prohibit shark finning at Community level. It is
untrue that such an initiative is being unduly delayed in the Commission by lengthy discussions on the
concerned species or other related parameters.