WRITTEN QUESTION E-1380/03 by Anne Jensen (ELDR) to the Commission. Wage subsidies in Germany.
Date: 2003-04-15
Institutions: European Parliament, Provisional data
Subjects: Denmark, Germany, State aid, building industry, control of State aid, economic support, exchange of information, job creation, pay, restriction on competition

20.3.2004

EN

Official Journal of the European Union

C 70 E/39

in the Rhine and Maas regions, more than EUR 140 million have been made available from the ERDF,
contributing to a total
investment of more than EUR 400 million. The findings and successes of this
transnational cooperation have just been presented at a conference in Düsseldorf on 11 April 2003, with
participation of German and Dutch Ministries, regions and water boards (‘waterschappen’) and in a booklet
published ‘Hoogwater dreigt … samen sterk!/Impeding floods … united we stand!’, with a foreword by Mr
H. Kamp, Dutch Minister of Housing, Spatial Planning and the Environment. In the current programming
period of the structural funds (2000-2006), the Interreg III community initiative will continue the work
started with the ‘IRMA’ programme, by means of the ‘North-West Europe’ programme. This programme
has reserved some EUR 92,3 million, of which EUR 46,2 million from the ERDF, for flood prevention and
protection actions with the measure ‘The prevention of flood damage’ (3).

The European Agricultural Guidance and Guarantee Fund (EAGGF) provides under the Rural Development
Regulation (EC) No 1257/1999 (4), article 33, the possibility to support measures for water-management
which could include flood prevention measures. The introduction of appropriate instruments to prevent
the agricultural and forestry production potential against natural disasters is eligible under this Regulation
as well. Member States can include these measures in their Rural Development Plans. Cross-border
co-operation between the competent authorities is possible to design and implement such measures, as
part of an integrated flood prevention concept.

(1) New International Conventions for the Protection of the Maas river and of the Schelde river, signed at Gent
3 December 2002; Maas: http://www.cipm-icbm.be/accord.asp; Schelde: http://www.icbs-cipe.com/NL/d_frame-
set.htm
(2) Whilst

floods and droughts
(cf. Article 1(e)), it does not per se set operational targets for flood prevention and flood protection, not least with
a view to the legal basis of article 175(1) Treaty; Directive 2000/60/EC of the Parliament and of the Council of
23 October 2000 establishing a framework for Community action in the field of water policy, OJ L 327,
22.12.2000.

the Water Framework Directive will contribute to mitigating the effects of

(3) http://www.nweurope.org
(4) 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, OJ L 160,
26.6.1999.

(2004/C 70 E/043)

WRITTEN QUESTION E-1380/03

by Anne Jensen (ELDR) to the Commission

(15 April 2003)

Subject: Wage subsidies in Germany

According to Danish media reports, German tradesmen are entitled to receive wage subsidies from the
German state, thereby substantially reducing the cost of their labour. Apparently, certain German building
firms have endeavoured with the backing of such wage subsidies to enter the construction market in
Denmark. This means that, thanks to the subsidy from the German state, they can practice price dumping
and out-bid Danish building firms that are not in receipt of wage subsidies.

Will the Commission advise whether this kind of wage subsidy does in actual fact distort competition and
run counter to the EU’s competition rules?

Answer given by Mr Monti on behalf of the Commission

(4 June 2003)

The information available to the Commission does not allow to identify the German public support
measure, as described in Danish media reports and as referred to by the Honourable Member. Therefore,
the Commission requested Germany to provide all necessary information. Should the German measure
exist and contain state aid in the meaning of Article 87 paragraph 1 of the EC Treaty, and should this aid

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20.3.2004

not be exempted from notification pursuant to the Commission Block Exemption Regulation (EC) No 2204/
2002 of 12 December 2002 on the application of Articles 87 and 88 of the EC Treaty to State aid for
employment (1), its compatibility will be assessed under the relevant State aid rules.

(1) OJ L 337, 13.12.2002, and Corrigendum OJ L 349, 24.12.2002.

(2004/C 70 E/044)

WRITTEN QUESTION E-1392/03

by Charles Tannock (PPE-DE)
and Timothy Kirkhope (PPE-DE) to the Council

(15 April 2003)

Subject: Implications of the creation of the offence of Racism and Xenophobia in the context of the

European Arrest Warrant

The principle of double-criminality was abolished for thirty-two offences covered by the European Arrest
Warrant including Racism and Xenophobia.

During recent debates in the UK Parliament it has been suggested by the British government that under the
terms of the agreement reached in the Council of Ministers it will not be possible for a person who has
committed a racist or xenophobic offence to be surrendered by one Member State to another if the offence
was not committed in the requesting state. Thus, a Belgian or French magistrate would not have the power
to request surrender of a British national for an offence committed in Britain which was not committed in
Belgium or France. Does the Council accept this as an accurate representation of the legal position reached
by the Council?

The Council has also agreed to special measures designed to protect the freedom of the press. What is the
exact form of this protection and will
it lead to differential standards of protection of freedom of
expression as between ordinary citizens and journalists?

Finally, Article 10 of the European Convention of Human Rights reads as follows:

Everyone has the right to freedom of expression. This right shall

1.
include freedom to hold
opinions and to receive and impart information and ideas without interference by public authority and
regardless of
frontiers. This article shall not prevent States from requiring the licensing of
broadcasting, television or cinema enterprises.

2.
The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject
to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a
democratic society, in the interests of national security, territorial integrity or public safety, for the
prevention of disorder or crime, for the protection of health or morals, for the protection of the
reputation or the rights of others, for preventing the disclosure of information received in confidence,
or for maintaining the authority and impartiality of the judiciary.

Are the offences of racism and xenophobia confined to actions or statements which involve incitement to
violence or the threat of violence or intimidation against the person or which threaten public safety and,
if not, how are the proposals consistent with the European Convention on Human Rights?

Reply

(8 December 2003)

The European Arrest Warrant (1) was adopted by the Council on 13 June 2002. It institutes a system
which, in principle from 1 January 2004, abolishes the lengthy and complicated extradition system which
until now has prevailed within the European Union on the basis of a Council of Europe Convention
adopted in 1957.