WRITTEN QUESTION P-0254/03 by Ole Krarup (GUE/NGL) to the Commission. Market access to port services.
Date: 2003-01-29
Institutions: European Parliament, Provisional data
Subjects: Denmark, freedom to provide services, liberalisation of the market, ports policy, social dumping, transport staff, working conditions

C 222 E/174

Official Journal of the European Union

EN

18.9.2003

Reply

(13 May 2003)

With respect to the matters mentioned in the Question by the Honourable Parliamentarian, the Council
informs her that issues concerning individual train operations do not fall under its competence.

In this respect, the Council refers to Community legislation currently in force, notably Articles 4 and 5 of
Directive 91/440/EEC on the development of the Community’s railways, as amended by Directive 2001/
12/EC; these articles prescribe the independent status of railway undertakings and their management
according to the principles which apply to commercial companies.

(2003/C 222 E/200)

WRITTEN QUESTION P-0254/03

by Ole Krarup (GUE/NGL) to the Commission

(29 January 2003)

Subject: Market access to port services

If the proposal for a directive on market access to port services is adopted in its current form, problems
will arise with upholding of the current rules on vessel safety and the working conditions of port workers
as a result of free access to ‘self-handling’.

That being so, how does the Commission propose to ensure that these rules are upheld? In particular, how
does the Commission consider that the continued existence of the Danish port workers’ agreements on pay
and working conditions (cid:1) including the working environment (cid:1) can be guaranteed for those affected by
self-handling when the directive enters into force?

Answer given by Mrs de Palacio on behalf of the Commission

(25 February 2003)

The Commission’s proposal for a Directive of the Parliament and of the Council on ‘Market Access to Port
Services’ (1)
imposed an obligation on Member States to take the necessary measures to ensure the
application of their social legislation. This basis has been reinforced by the Common Position (2). More
specifically, the Common Position’s text on self-handling explicitly states that it in no way affects the
application of national rules concerning employment and social matters, provided that they are compatible
with Community law and international obligations of the Community and the Member State concerned.
Further, as regards a service provider employing personnel of his own choice, the service provider must
fulfil the criteria laid down by the Member State in question again, of course, provided that they are
compatible with Community law.

Finally, article 19 of the Common Position states that ‘the Directive shall in no way affect the application of
the social legislation of Member States, including relevant rules on employment of personnel by service
providers taking over an authorisation as a result of a selection procedure. Social standards must not be
below those laid down by applicable Community legislation’.
these must comply with
Community law, including the rules and the principles of the EC Treaty.

In addition,

With regard to Danish port workers, the Danish social
therefore, in the way set out above.

legislation and/or collective agreements apply,

(1) OJ C 154 E, 29.5.2001.
(2) OJ C 299 E, 3.12.2002.