WRITTEN QUESTION E-3262/03 by Erik Meijer (GUE/NGL) to the Commission. Exclusion of persons who are nationals of another Member State from the right to purchase soft drugs or to be members of a users' association.
Date: 2003-11-04
Institutions: European Parliament, Provisional data
Subjects: EU national, European treaties, Netherlands, drug addiction, legal basis, marketing restriction, narcotic

27.3.2004

EN

Official Journal of the European Union

C 78 E/245

Answer given by Mr Monti on behalf of the Commission

(22 December 2003)

The situation described by the Honourable Member does not appear to fall within the scope of the rules of
Community competition law.

The Belgian Royal Decree of 23 March 1998 is a State measure.

The rules of Community competition law which are not addressed to undertakings but to the Member
States, are the rules regarding State Aid (Articles 87 and 88, EC Treaty) and public or privileged
undertakings (Article 86, EC Treaty). The provisions of the relevant Royal Decree do not appear to fall
within the scope of those rules.

However,
in certain cases Community competition law can also be applied to State measures if these
measures impose or induce anti-competitive behaviour by undertakings. It is, therefore, required that the
undertakings concerned adopt an anti-competitive behaviour which in itself constitutes a violation of
Community competition rules. The requirements for the accreditation of driving schools, laid down in the
Royal Decree, do not appear to impose or induce anti-competitive behaviour of driving schools.

(2004/C 78 E/0248)

WRITTEN QUESTION E-3262/03

by Erik Meijer (GUE/NGL) to the Commission

(4 November 2003)

Subject: Exclusion of persons who are nationals of another Member State from the right to purchase soft

drugs or to be members of a users’ association

1.
Is the Commission aware that the selling of soft drugs in Netherlands ‘coffee shops’, allowed in
practice since the 1970s, follows the basic principle that the sale of such drugs should be refused to those
who are under age, but not to those who are not Netherlands nationals?

2.
Is the Commission aware of the joint press conference held on 22 October 2003 in Berlin by the
German Interior Minister and the Netherlands Justice Minister, at which, inter alia, statements were made
which could lead to a policy based on different treatment of EU residents depending on their nationality or
the country where they are resident?

3. Would it be permissible, on the basis of the current European Treaties, for the sale of the soft drugs
sold in Netherlands ‘coffee shops’ to be refused in future to those who are not Netherlands nationals or
citizens? If not, will the Commission be informing the Member States of this?

4. Would it be permissible, on the basis of the current European Treaties, for the sale of soft drugs in
Netherlands ‘coffee shops’ to be limited in future to closed users’ associations that must refuse membership
to those who are not Netherlands nationals or citizens? If not, will the Commission be informing the
Member States of this?

5. Would a possible alternative to discrimination based on nationality and citizenship be for the
authorities wishing to combat the use of soft drugs on their territory to start from the basic principle that
consumption must take place in the country of purchase, similarly to the way in which Netherlands
nationals may purchase dangerous fireworks or firearms but may not import such products into the
Netherlands?

Source: Netherlands newspaper NRC-Handelsblad, 23.10.2003.

C 78 E/246

Official Journal of the European Union

EN

27.3.2004

Answer given by Mr Vitorino on behalf of the Commission

(11 December 2003)

The Commission is aware of the debate that is taking place in the Netherlands regarding national policy on
cannabis, in particular relating to ‘coffee shops’.

In line with the subsidiarity principle, it would not be appropriate for the Commission to participate or
intervene in debates taking place at national level regarding Member States’ policies on this subject.

The Commission will, however, undertake the appropriate action in case of a possible infringement of the
Treaties.

(2004/C 78 E/0249)

WRITTEN QUESTION E-3268/03

by Christopher Huhne (ELDR) to the Commission

(4 November 2003)

Subject: Commission employees

Will the Commission state the proportion of employees by nationality in each of the top ten grades within
the Commission establishment plan?

Will it further state the number of employees by nationality in each of the top ten grades within the
Commission establishment plan?

Answer given by Mr Kinnock on behalf of the Commission

(8 December 2003)

The Commission interprets the question as referring to the entire A category (grades 8 to 1) and the two
highest grades in the B category (grades 1 and 2) to be the ‘top ten’ grades of its career system.

Table 1 which is sent direct to the Honourable Member and to Parliament’s Secretariat shows the number
of personnel in the A category together with the two highest grades of the B category by nationality.
Table 2 which is also sent direct to the Honourable Member and to Parliament’s Secretariat gives the
proportion of this personnel against the total of each grade within the establishment plan for operation
and research budgets.

(2004/C 78 E/0250)

WRITTEN QUESTION E-3273/03

by Bart Staes (Verts/ALE) to the Commission

(5 November 2003)

Subject: Emissions of refrigerant gases from (Dutch) ships

On 27 August 2003 the Netherlands Ministry of Spatial Planning, Housing and the Environment (VROM)
presented a study on leakage of refrigerant gases from cutters and trawlers (http://www.vrom.nl/docs/
milieu/koudemiddelen_het_schip_in_juni2003.pdf). These are said to leak ten times as many such gases as
refrigeration systems on land. The refrigerant gases attack the ozone layer and contribute to the
greenhouse effect.