WRITTEN QUESTION E-3288/03 by Margrietus van den Berg (PSE) to the Commission. Establishment of businesses in the municipality of Losser.
Date: 2003-11-05
Institutions: European Parliament, Provisional data
Subjects: EU regional policy, Germany, Netherlands, administrative formalities, frontier region, location of industry, regional integration

C 78 E/510

Official Journal of the European Union

EN

27.3.2004

(2004/C 78 E/0530)

WRITTEN QUESTION E-3286/03

by Anne André-Léonard (ELDR) to the Commission

(5 November 2003)

Subject: Harmonisation of European legislation in respect of boatmasters’ certificates for recreational craft

Parliament and the Council recently amended Directive 94/25/EC (1) on the approximation of the laws,
regulations and administrative provisions of the Member States relating to recreational craft.

This directive is centred on the establishment of environmental and safety standards for the construction of
such craft.

However, a further aspect that should not be overlooked is the need for Community harmonisation in the
area of boatmasters’ certificates for recreational craft.

In this connection, does the Council envisage the introduction of a European boatmaster’s certificate? If so,
what measures does it intend to take to ensure effective regulation in this area?

(1) OJ L 164, 30.6.1994, p. 15.

Answer given by Ms de Palacio on behalf of the Commission

(15 December 2003)

Rules on boatmaster’s certificates for recreational craft are not the subject of Community legislation and
fall exclusively within the competence of
the Member States. The only Community legislation on
recreational craft is Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on
the approximation of the laws, regulations and administrative provisions of the Member States relating to
recreational craft (1). This Directive ensures compliance with minimum standards,
including safety
standards, for the construction of such craft.

However, it should be noted that in 1998 the United Nations Economic Commission for Europe adopted
Resolution (ECE) 40 on an international certificate for operators of pleasure craft. The Resolution sets up a
harmonised system for obtaining, from the authorities in the country of which the applicant is a national
or where he/she is resident, an international certificate on the basis of the national certificate. The
international certificate allows the holder to sail on the inland and coastal waters of countries which have
adopted the Resolution.

The Commission is examining the implementation of this international certificate and will take the
required measures if need be. At this stage, the matter has not been included in the Commission’s work
programme.

(1) OJ L 17, 21.1.1997.

(2004/C 78 E/0531)

WRITTEN QUESTION E-3288/03

by Margrietus van den Berg (PSE) to the Commission

Subject: Establishment of businesses in the municipality of Losser

(5 November 2003)

The municipality of Losser in the Netherlands is situated on the border with Germany. At present the
municipality is encountering serious difficulties with the establishment of businesses. On the Dutch side of
the border it is very difficult to set up small business parks, whereas on the German side such sites do
exist. However, entrepreneurs from Losser who wish to set up businesses on the other side of the border
are confronted by different regulations and legislation, which makes it very hard for them to do so. The
Anholt Agreement, which currently governs cross-border cooperation between Dutch and German

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Official Journal of the European Union

C 78 E/511

regional authorities, does not provide for coordination of German and Dutch legislation or present any
options. It is not possible to set up cross-border business parks either, because the regional plan in the
Netherlands prohibits this.

I have previously made the point that border regions have a pioneering role to play in European
integration and that
they are the prime sites for putting European cooperation into practice by
coordinating legislation and public facilities.

Does the Commission agree that encouraging the establishment of businesses on or across national

1.
borders should be a priority in border regions?

Does the Commission agree that it is very important to coordinate legislation or make it more

2.
flexible in the area described above, and will it take measures to encourage Member States to do this?

Answer given by Mr Barnier on behalf of the Commission

(23 December 2003)

In accordance with the guidelines governing the Community Initiative,

1.
Interreg, encouraging
entrepreneurship and the development of small firms and local employment initiatives are among the
priorities of European programmes for cross-border cooperation.

2.
The current generation of programmes for cooperation for the period, 2000-2006, seek to promote
the development of joint cross-border, transnational and inter-regional strategies and to overcome the
obstacles posed by the existence of different national
legal and administrative systems and traditions.
National legal and administrative systems are, however, the responsibility of the Member States provided
that Community law is respected, for example, with regard to the internal market or competition rules.

(2004/C 78 E/0532)

WRITTEN QUESTION E-3289/03

by Ilda Figueiredo (GUE/NGL) to the Commission

(5 November 2003)

Subject: Portuguese workers without rights in the North Sea

Various workers, including Portuguese nationals, have been working on North Sea oil platforms in the
Dutch sector, some of them for over ten years, in the Catering Logistic Management branch, without being
granted equal rights with local workers.

The argument used for this discrimination namely that they officially reside in Portugal and work two
weeks on and two weeks off is simply inadmissible.

The Dutch company does not sign them up for social security, nor pay their travel expenses; nor do they
have any social rights (family allowance, unemployment benefit, compensation for accidents at work, etc.).

Given that the Netherlands are an EU Member State, how can the failure of Dutch companies comply with
the most elementary workers’ rights be justified?

What measures will be taken to review the situation?