WRITTEN QUESTION E-3342/02 by Karl-Heinz Florenz (PPE-DE) to the Commission. Deliveries of water from the Federal Republic of Germany to the Netherlands.
Date: 2002-11-26
Institutions: European Parliament, Provisional data
Subjects: EU law - national law, Germany, Netherlands, export restriction, intra-EU trade, quantitative restriction, water resources, water supply

C 110 E/206

Official Journal of the European Union

EN

8.5.2003

Erasmus programme, no course subject may be placed at a disadvantage or disqualified regarding eligibility
for an Erasmus scholarship. The Commission is aware that some subjects have turned out to be more
popular than others when it comes to the mobility of Erasmus students. However, the national agencies
are being encouraged to promote mobility in the less popular disciplines and to the less popular
destinations.

(1) Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education
diplomas awarded on completion of professional education and training of at least three years’ duration, OJ L 19,
24.1.1989.

(2) Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional

education and training to supplement Directive 89/48/EEC, OJ L 209, 24.7.1992.

(3) COM(2002) 119 final.

(2003/C 110 E/229)

WRITTEN QUESTION E-3342/02

by Karl-Heinz Florenz (PPE-DE) to the Commission

(26 November 2002)

Subject: Deliveries of water from the Federal Republic of Germany to the Netherlands

A German municipal water supply association, which has annual rights to a total of 6 800 000 cubic
metres of water, but which needs only 3 563 000 cubic metres, has been prevented by the competent
district authorities from going ahead with its plan to deliver 2 000 000 cubic metres of drinking water
each year to the area covered by a water supply undertaking in a neighbouring part of the Netherlands and
has instead been authorised only to deliver up to 600 000 cubic metres each year as a secondary supplier.
The reason given for this decision was that legal problems or problems relating to property rights
(Article 14 of the Basic Law) might arise if the bulk of the water from a catchment area were to be used to
supply the border region in the Netherlands, since the inhabitants of the German region would have to
cope alone with the restrictions stemming from the existence of the water protection area.

Is this decision, taken in accordance with German law, consistent with European law and the European
philosophy of opening up borders and markets?

If so, when will the relevant legal provisions be amended to clear the way for the proposed cross-border
water supply arrangement in keeping with the resources available in the two countries?

Answer given by Mr Bolkestein on behalf of the Commission

(7 January 2003)

According to the information supplied to the Commission by the Honourable Member, the decision by the
national authorities to allow a German municipal water supply association to supply only 600 000 of the
2 000 000 m3 of drinking water it intended to deliver to a neighbouring part of the Netherlands as a
secondary supplier could constitute a quantitative restriction on exports and could fall within the scope of
Article 29 of the EC Treaty.

Under Article 29 of the EC Treaty, quantitative restrictions on exports, and all measures having equivalent
effect, are prohibited between Member States.

This decision could, nevertheless, be justified by Article 30 of the EC Treaty if it satisfies one of the
objectives mentioned and is proportionate to that objective.

In order to further investigate this matter, the Commission will contact the national authorities and will
inform the Honourable Member of the action taken.