WRITTEN QUESTION E-3477/02 by Gerhard Schmid (PSE) to the Commission. Discrimination on the ground of nationality in Amsterdam, the Netherlands.
Date: 2002-12-06
Institutions: European Parliament, Provisional data
Subjects: Netherlands, discrimination on the basis of nationality, motor car

C 155 E/158

Official Journal of the European Union

EN

3.7.2003

(cid:1) Conservation of the Iberian Lynx (Andalucía) (LIFE94 NAT/E/004811)

(cid:1) Conservation of the Iberian Lynx (Castilla-La Mancha) (LIFE94 NAT/E/004813)

(cid:1) Conservation of the Iberian Lynx (Extremadura) (LIFE94 NAT/E/004814)

(cid:1) Conservation of the Iberian Lynx (LIFE94NAT/P/001058)

(cid:1) Year 1995:

(cid:1) Conservation of the Iberian Lynx (Extremadura) (LIFE95 NAT/E/004815)

(cid:1) Conservation of the Iberian Lynx (Castilla la Mancha) (LIFE95 NAT/E/004816

(cid:1) Conservation of the Iberian Lynx (Castilla y Leon) (LIFE95 NAT/E/004817)

(cid:1) Conservation of the Iberian Lynx (Andalucía) (LIFE95 NAT/E/004818)

(cid:1) Conservation of the Iberian Lynx (Madrid) (LIFE95 NAT/E/004819)

(cid:1) Conservation of the Iberian Lynx (LIFE95 NAT/E/004820)

(cid:1) Conservation of the Iberian Lynx (LIFE95 NAT/E/004821)

(cid:1) Year 1998:

(cid:1) Conservation of Lynx pardinus in Extremadura (LIFE98 NAT/E/005343)

(cid:1) Year 1999:

(cid:1) Conservation of the Imperial eagle, Black vulture, Black stork and Iberian lynx on private

protected land in Extremadura and Castilla-La-Mancha (LIFE99 NAT/E/006336)

(cid:1) Recovery of habitats and preys of Lynx pardinus in Serra da Malcata (LIFE99NAT/P/006423)

(cid:1) Year 2002:

(cid:1) Recovery of the populations of the Iberian Lynx (Lynx pardinus) in Andalucía (LIFE02NAT/E/

8609)

(cid:1) Conservation of the Iberian Lynx in ‘Montes de Toledo-Guadalmena’ (LIFE02NAT/E/8617)

(2003/C 155 E/176)

WRITTEN QUESTION E-3477/02

by Gerhard Schmid (PSE) to the Commission

(6 December 2002)

Subject: Discrimination on the ground of nationality in Amsterdam, the Netherlands

In Amsterdam, there is a road running alongside a canal where parking is restricted. Even so, it seems to
be local practice for motorists to park their cars there. I have been informed, however, that foreign-
registered cars (in the event, five German, three Belgian and two British) have been clamped, while vehicles
registered in the Netherlands have not even been given a parking ticket.

Does this constitute discrimination of the ground of nationality, which is prohibited pursuant to

1.
Article 12 of the EC Treaty?

2.

If so, what will the Commission do to remedy this situation?

Answer given by Mrs de Palacio on behalf of the Commission

(24 January 2003)

The Commission is not aware of any other cases like this in Amsterdam and has no concrete information
on this case which would lead it to suspect discrimination on the grounds of nationality.

3.7.2003

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Official Journal of the European Union

C 155 E/159

The Honourable Member is requested to note that this type of problem can be sent to the Solvit network
(http://europa.eu.int/comm/internal_market/solvit/). This is a network set up by the Commission consisting
of members of the national administrations who aim to find informal solutions to specific problems
encountered by businesses or the public concerning the application of Community rules. All information
on how to proceed and what can be expected of the network can be found on the above website.

(2003/C 155 E/177)

WRITTEN QUESTION P-3483/02

by Eryl McNally (PSE) to the Commission

(29 November 2002)

Subject: The requirement of bank guarantees from small organisations taking part in SAVE/Altener projects

I have received complaints from small organisations wishing to take part in Save/Altener projects.

Even though their project proposals have been accepted by the Commission and their contracts approved,
these small organisations are not given an advance payment (40 % of granted EU support), which larger
organisations can benefit from. If small organisations wish to receive an advance payment from the
Commission, they are required to provide a bank guarantee, which puts a heavy administrative and
financial burden on them. It seems unreasonable to ask for bank guarantees from them precisely because
they are small, since banks charge highly for such services and tend to require the blocking of funds.
Moreover, the banks have similar financial tests for loans as the EU applies for advance payments and have
no reason, per se, to support the contracted work. Without the advance payment, such small organisations
are obliged to provide the funds beforehand and thus cover a very large part of contract expenditure and
staff cost themselves in order to carry out the work for the EU.

Is this the new policy of the Commission to support SMEs? Or is it that the Commission rejects these
proposals by imposing inacceptable financial requirements in order to simplify EU bureaucracy? Is the
Commission aware of the fact that providing such a guarantee obliges small organisations to block funds
in the bank and to face a heavy additional financial burden? Is the Commission merely aiming to sustain
itself and those who have sufficient financial soundness not to require such support?

Answer given by Mrs de Palacio on behalf of the Commission

(7 January 2003)

In reply to the Honorable Member, the Commission is of course very much aware of the problems and
burdens facing small and medium-sized enterprises (SMEs) such as those raised in the written question.
However, sound financial management of Commission programmes requires the application of strict rules
and effective measures to safeguard public funds. In doing so, Commission staff are under an obligation to
act in accordance with the demands of the budgetary authority, and thus also of the Parliament. In
addition, the Court of Auditors has regularly called for more rigorous protection for Community funds
including by the use of bank guarantees.

The requirement for financial viability and in case of unsatisfactory results the request for bank guarantees
is one of the rules, which is now implemented consistently, without discrimination between contractors,
regardless whether they are big companies or SMEs, and on the basis of objective criteria which are
applied to the balance sheets of all proposers.

The Commission is aware that banks assess the financial status of organisations using similar criteria when
asked to provide a bank guarantee. The provision of a bank guarantee is subject to charges and can limit
the financial availability of a company up to the amount of the advance payment for the project in