WRITTEN QUESTION E-0398/03 by Karl von Wogau (PPE-DE) to the Commission. Work opportunities for non-Greek diving teachers and diving centres run by non-Greek EU citizens in Greece.
Date: 2003-02-17
Institutions: European Parliament, Provisional data
Subjects: Greece, application of EU law, discrimination on the basis of nationality, free movement of workers, freedom to provide services, recognition of vocational training qualifications, right of establishment, ship's passport, work permit

C 192 E/184

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14.8.2003

Answer given by Mr Fischler on behalf of the Commission

(14 March 2003)

The Commission negotiated the Association Agreement with Chile in consultation with the 15 Member
States of the European Union … The Commission has examined all the comments and suggestions from
all Member States which were permanently very closely involved particularly in all technical aspects of the
wine agreement. The Council of Ministers has approved the provisional application of certain provisions of
the Association Agreement, including the Wine Agreement

Particular attention has been paid to the question on traditional expressions and this issue has been
addressed in conformity with the ‘guidelines on the wine and spirits for negotiations with third countries’
given by the Council to the Commission in October 2000.

It is well established under Community law that international agreements between the Community and
third countries prevail over secondary Community legislation, and thus such agreements might contain
rules that derogate from the secondary Community legislation.

Concerning the question of ‘anteriorité juridique’ mentioned by the Honourable Member, the Commission
would like to remind that the Labelling Regulation (1) will not be applicable until 1 August 2003.

Furthermore, the current wine legislation allows the use of traditional expressions by third countries under
certain conditions. In the particular case of Chile, the Commission has considered that the use of certain
traditional expressions mentioned in the written question, fulfilled the conditions laid down in the Wine
Agreement to treat the producers concerned fairly and to ensure that consumers are not misled.

In accordance with the Association Agreement, the Parties shall examine the evidence of some definitions
in the first meeting of the Joint Committee.

(1) Commission Regulation (EC) No 753/2002 of 29 April 2002 laying down certain rules for applying Council
Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine
sector products (cid:1) OJ L 118, 4.5.2002.

(2003/C 192 E/223)

WRITTEN QUESTION E-0398/03

by Karl von Wogau (PPE-DE) to the Commission

(17 February 2003)

Subject: Work opportunities for non-Greek diving teachers and diving centres run by non-Greek EU

citizens in Greece

Is the Commission aware of attempts made by Greece, by means of various regulations, to limit the work
opportunities for non-Greek diving teachers and diving centres run by non-Greek EU citizens, and is the
Commission of the opinion that this is compatible with freedom of movement in the European Union?

Is it compatible with freedom of movement that boats with a maximum length of 10 metres can only be
used commercially (for diving) in Greece by non-Greeks if the company responsible for them is at least
51 % owned by a Greek citizen?

Is it compatible with freedom of movement that work permits are only issued to people who have passed
a Greek-language test at a specific address and at a specified time in the spring?

Is the Commission aware that internationally awarded PADI diving teacher diplomas are not recognised,
although this is in principle possible in law?

Is it compatible with freedom of movement that Greece does not recognise internationally recognised
diplomas for marine motor boat licences gained in other countries?

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These are the questions that arise whenever a non-Greek EU citizen wants to run a diving centre as a
diving teacher in Greece. This is demonstrated by the case of a German diving centre manager who has
worked in Greece for 30 years. He is constantly encountering new obstacles that make it difficult for him
to continue with his established business. He states that working conditions have worsened, particularly
since Greece’s accession to the EU.

Answer given by Mr Bolkestein on behalf of the Commission

(15 April 2003)

As far as the free movement of workers in other Member States is concerned (Article 39 of the EC Treaty)
the Commission would first of all like to point out that nationals of other Member States do not need a
work permit. Community law provides only that the Member States must grant migrant workers a
residence permit as proof of the right of residence which goes hand in hand with the right to work in
another Member State.

The ability to communicate effectively is obviously important for migrant workers, and a certain level of
language may therefore be required for a job, but the Court of Justice has held that any language
requirement must be reasonable and necessary for the job in question, and must not be used as an excuse
to exclude workers from other Member States (1). The employer has to justify the need for any language
requirement.

In any event, while employers (whether public or private) can require a job applicant to have a certain
level of linguistic ability according to specific situations, they cannot demand only a specific qualification
as proof. The Court has held, that if in a Member State it is impossible to submit proof of the required
linguistic knowledge by any other means,
in particular by equivalent qualifications obtained in other
Member States, this constitutes a discrimination on grounds of nationality contrary to Article 39 of the EC
Treaty (cid:1) which foresees the right to free movement of workers (2). The Commission is therefore of the
opinion that a Greek employer may not require a potential employee to pass a specific language test in
Greece in order to be hired.

As far as the freedom to establish (Article 43 of the EC Treaty) and the freedom to provide services
(Article 49 of the EC Treaty) are concerned, the question of proof of linguistic knowledge in the case of
non-Greek diving instructors and non-Greek managers of diving centres in Greece is the subject of an
infringement procedure currently at the stage of a complementary letter of formal notice.

In the context of this procedure the Commission is continuing to examine with the Greek authorities the
including those
issues of the objectivity and proportionality of all aspects of language requirements,
referring to the number of opportunities in time and location of linguistic tests to be made available in
Greece.

The Commission is obviously ready and willing to examine those issues on the basis of any further
information which the Honourable Member might provide.

In accordance with Court of Justice case-law (3), a condition which stipulates that where a vessel is owned
or chartered by natural persons they must be of a particular nationality and, in the case of a company, the
shareholders and directors must be of that nationality is contrary to Article 43 of the EC Treaty.

The Commission would also point out that Greece has already been found guilty by the Court of Justice (4)
of having maintained in force legislative provisions which restrict the right to registration in the Greek
shipping registers to vessels more than half the shares in which are owned by Greek nationals or owned by
Greek legal persons more than half of whose capital is held by Greek nationals.

The Commission has recently received some complaints concerning the recognition of diving diplomas in
Greece. As far as PADI is specifically concerned, since this is an international organisation based in the
United States, the qualifications it delivers are third country diplomas whose recognition falls within the
exclusive competence of the Greek authorities. However,
if PADI diplomas have been recognised in
another Member State, the general system of recognition (Directive 92/51/EEC) (5) amended by Directive
2001/19/EC (6) is to be applied provided that its EU-holders have the experience within the Union required
by this Directive.

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The same principles would also apply for internationally recognised diplomas for marine motor boat
licences where such diplomas are third country diplomas. However, the Commission is currently not aware
of any specific problem in this area in Greece.

(1) Case 379/87, Groener ECR [1989] 3967.
(2) Case C-281/98, Angonese ECR [2000] I-04139.
(3) CJEC, judgment of 25 July 1991, C-221/89, The Queen v. Secretary of State for Transport, ex parte Factortame Ltd

and others, paragraph 30.

(4) CJEC, judgment of 27 November 1997, C-62/96, Commission v. Hellenic Republic.
(5) 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 (cid:1) OJ L 209, 24.7.1992.

(6) Council Directive 2001/19/EC of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the
general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC,
78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/
433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner,
veterinary surgeon, midwife, architect, pharmacist and doctor.

(2003/C 192 E/224)

WRITTEN QUESTION E-0400/03

by Daniel Hannan (PPE-DE) to the Commission

(17 February 2003)

Subject: Unfair subsidies

Will the Commission please tell me if it is aware of any subsidies going to Northern Irish fruit processing
plants, involving EU money? Where does the responsibility lie between the Commission and Member
States for keeping records on the precise destination of CAP subsidies through co-financing schemes?

Answer given by Mr Fischler on behalf of the Commission

(11 March 2003)

In accordance with Article 25 of Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for
rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending
and repealing certain Regulations (1) support can be provided for investments to facilitate the improvement
and rationalisation of processing and marketing of agricultural products.

In Northern Ireland this support is provided in the framework of the Objective 1 Operational Programme
(2000-2006), also called the ‘Building Sustainable Prosperity Programme’, submitted to the Commission by
the Northern Ireland authorities. This Programme was approved by the Commission on 22 March 2001
and is co-financed by the Guidance Section of the EAGGF.

In application of the principle of subsidiarity the implementation of this Programme and the selection of
eligible projects for Community funding remains in the hands of the national authorities.

However, as it appears from the Programme, the Northern Ireland authorities do not intend to provide
support to projects in the sector of fruit processing.

(1) OJ L 160, 26.6.1999.

(2003/C 192 E/225)

WRITTEN QUESTION E-0428/03

by Rosa Miguélez Ramos (PSE) to the Commission

Subject: The social clause in international fisheries agreements

(18 February 2003)

In its most recent resolutions on international fisheries agreements (e.g. the resolution of 20 November
2002 on the EC-São Tomé and Príncipe fisheries agreement), the European Parliament has urged that