WRITTEN QUESTION E-3559/03 by Margrietus van den Berg (PSE) and Jan Wiersma (PSE) to the Commission. Groningen Rail Service Centre and non-use of cross-border railway line near Nieuweschans to Northern Germany.
Date: 2003-12-01
Institutions: European Parliament, Provisional data
Subjects: EU financing, Germany, Netherlands, carriage of goods, common transport policy, rail transport, railway station

27.3.2004

EN

Official Journal of the European Union

C 78 E/589

(cid:1) Following the request made by the European Council in Ghent in October 2001, a programme to
improve co-operation in the Union for preventing and limiting the consequences of chemical,
biological, radiological or nuclear terrorist threats (CBRN Programme) has been jointly adopted by the
Commission and the Council at the end of 2002. This programme sets out the strategic objectives that
need to be addressed in order to improve the protection of the population, the environment, the food
chain and property against CBRN threats and attacks and describes areas where there is a need for
further action. The Commission regularly reviews this programme with the Council. The programme
has already shown the importance of the co-ordination established between the various Community
networks responsible for civil protection, health protection, radiological emergencies and the expertise
available in the research area, in order to set up a common platform to organise an optimum response
to CBRN emergencies.

(cid:1) The Sixth Framework Programme has launched or is preparing, as part of its Science in Support to
Policies priority, projects and networks operating in the fields of emerging disease surveillance linked
to bioterrorist threats, modelling of infectious diseases, rapid detection of agents possibly used by
bioterrorists, treatment of bioterrorist agents and vulnerabilities of societies. Moreover, many other
research projects and networks funded under the 5th or 6th Framework Programme for Research are
directly relevant to the risks mentioned by the Honourable Member.

(1) Directive 2000/54/EC of the Parliament and of the Council of 18 September 2000 on the protection of workers
from risks related to exposure to biological agents at work (seventh individual directive within the meaning of
Article 16(1) of Directive 89/391/EEC), OJ L 262, 17.10.2000.

(2) Directive 2001/18/EC of the Parliament and of the Council of 12 March 2001 on the deliberate release into the
environment of genetically modified organisms and repealing Council Directive 90/220/EEC (cid:1) Commission
Declaration, OJ L 106, 17.4.2001.

(3) Commission Directive 2000/68/E of 23 October 2000 including an active substance (bentazone) in Annex I to
Council Directive 91/414/EEC concerning the placing of plant protection products on the market, OJ L 276,
28.10.2000.

(4) COM(2003) 320 final.

(2004/C 78 E/0622)

WRITTEN QUESTION E-3559/03

by Margrietus van den Berg (PSE) and Jan Wiersma (PSE) to the Commission

(1 December 2003)

Subject: Groningen Rail Service Centre and non-use of cross-border railway line near Nieuweschans to

Northern Germany

Why is an EU-funded transhipment station, the Groningen Rail Service Centre, not being used for direct
freight transport from and to Northern Germany, Eastern Europe and Scandinavia, with the result that
unnecessary detours are being made, the railways are not being put to optimal use and no favours are
being done to the environment, either?

Answer given by Mrs de Palacio on behalf of the Commission

(23 January 2004)

The Groningen Rail Service Centre handles approximately 100 000 Twenty foot Equivalent Unit (TEU) per
year, and new investments are planned to further develop rail services linking Groningen to the Rotterdam
area and other Member States. Growth is notably expected from freight traffic on the so-called Northern
corridor, which links the Rotterdam port area with Northern Germany and Scandinavia. The market for
freight transport by rail has been opened by Directive 91/440/EEC (1) as amended by Directive 2001/12/
EC (2), which provides that freight transport over the Trans European Rail Freight Network (TERFN) shall
be opened by 15 March 2003 at the latest to all railway undertakings in possession of a European licence
awarded under the framework conditions set by Directive 95/18/EC, as amended by Directive 2001/13/
EC (3), and provided the railway undertakings possess the required safety certificates for the countries

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27.3.2004

where rail services are planned. Any railway undertaking that sees an opportunity to operate services on
those links can do so. Groningen is located on the TERFN. Within this context though, it must be observed
that Directive 91/440/EC, as amended, requires railway undertakings to be managed according to the
principles which apply to commercial undertakings.

The development of the Groningen Rail Service Center has been part of priority 1 (Industry, business
services and tourism), as set out in the Single Programming Document (SPD) for the Objective 2 areas of
Groningen-Drenthe in the Netherlands approved by the Commission in 1997. The contribution from the
structural funds for this priority in the 1997-1999 period was 32,4 % (EUR 74,25 million).

(1) Directive 91/440/EEC of 29 July 1991 on the development of the Community’s railways, OJ L 237, 24.8.1991.
(2) Directive 2001/12/EC of 26 February 2001 of the Parliament and of the Council of 26 February 2001 amending

Council Directive 91/440/EEC on the development of the Community’s railways, OJ L 75, 15.3.2001.

(3) Directive 2001/13/EC of 26 February 2001 of the Parliament and of the Council of 26 February 2001 amending

Council Directive 95/18/EC on the licensing of railway undertakings, OJ L 75, 15.3.2001.

(2004/C 78 E/0623)

WRITTEN QUESTION E-3561/03

by Jan Andersson (PSE) to the Commission

(1 December 2003)

Subject:

‘Parasubordinated’ workers and social dumping

A problem which has arisen within the Swedish labour market over the past few years, mainly in the
construction sector, is that workers from the candidate countries are working for pay and under working
conditions far interior to those offered by Swedish collective agreements. These workers, from Poland and
elsewhere, are able to evade the existing regulations by being given the status of self-employed workers, in
spite of the fact that they should to all
intents and purposes be regarded as employees. Behind this
arrangement is often a kind of hiring firm which acts as an agency supplying the services of the foreign
workers to the Swedish contractors, and helps them to obtain the ‘F tax certificates’ and other required
documentation. The hiring firms in these cases should clearly be regarded as employers, but they act on
the basis that they are merely an agency for services carried out by self-employed workers.

If this practice increases in extent, it will lead to widespread social dumping. The situation is surely not
unique to Sweden.

1. What is the Commission’s view of this situation?

2.

Does the Commission propose to take any measures with a view to dealing with this problem?

Answer given by Ms Diamantopoulou on behalf of the Commission

(22 January 2004)

It is not clear from the Honourable Member’s question whether the circumstances described fall within the
scope of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996
concerning the posting of workers in the framework of the provision of services (1).

In the case of postings within the meaning of this Directive, the definition of a worker is that which
applies in the law of the Member State on the territory of which the worker is posted, according to
Article 2(2).

If, however, these are placements with the objective of having the workers habitually perform their work
in Sweden, the ratione personae scope of the working and employment conditions is, in general, also
determined by Swedish law.

In view of this, it is up to the host Member State to ensure that the category of persons mentioned by the
Honourable Member is covered by its worker protection legislation.

(1) OJ L 18, 21.1.1997.