WRITTEN QUESTION P-0037/04 by Charles Tannock (PPE-DE) to the Commission. Provisions made by acceeding 10 new EU member states following 1 May 2004 for freedom of movement and establishment of other EU member state nationals.
Date: 2004-01-12
Institutions: European Parliament, Provisional data
Subjects: EU national, accession to the European Union, free movement of workers, right of establishment, transitional period (EU)

27.3.2004

EN

Official Journal of the European Union

C 78 E/685

Is the Commission aware of these problems? What steps has it taken or does it intend to take in the near
future to remedy them? Does not the Commission agree that labelling requirements cannot go so far that
businesses are virtually forced to reveal their methods of preparation to the market?

(1) OJ L 63, 6.3.2002, p. 23.
(2) OJ L 86, 6.4.1979, p. 30.
(3) OJ L 193, 17.7.1991, p. 34.

Answer given by Mr Byrne on behalf of the Commission

(29 January 2004)

The Commission would like to highlight that Directive 2002/2/EC of the Parliament and of the Council of
28 January 2002 amending Council Directive 79/373/EEC on the circulation of compound feedingstuffs
and repealing Commission Directive 91/357/EEC was adopted by co-decision procedure which included a
conciliation phase. The proposal for percentage declarations on labels was maintained on the insistence of
the Parliament, which adopted the Directive in Plenary by a very large majority. The Directive has been the
subject of national transposition measures in all the Member States, some of them still to be published.

The Commission is aware that the application of national measures has been suspended by jurisdictions in
France, Italy and the United Kingdom, but this is not the case in the twelve other Member States.

The European Court of Justice has been requested by the High Court of Justice (England and Wales) to give
a preliminary ruling under Article 234 of the EC Treaty concerning the validity of Articles 1(1)(b) and
Article 1(4) of Directive 2002/2/EC, which provide for the so-called ‘open declaration’ for the labelling of
compound feedingstuffs (case number C-453/03).

The Commission supports the legitimacy of the provisions laid down in Directive 2002/2/EC and is
looking forward to the preliminary ruling by the European Court of Justice.

(2004/C 78 E/0730)

WRITTEN QUESTION P-0037/04

by Charles Tannock (PPE-DE) to the Commission

(12 January 2004)

Subject: Provisions made by acceeding 10 new EU member states following 1 May 2004 for freedom of

movement and establishment of other EU member state nationals

Following enlargement to 25 member states on 1 May 2004, the existing 15 member states have made a
variety of different arrangements within the permissible 7 year derogation under the enlargement treaties
for freedom of movement and establishment of nationals coming from the new 10 EU member states. I
understand this ranges from a 7 year prohibition by Germay to the immediate granting of full EU freedom
of movement and establishment to the new country nationals by the United Kingdom.

Can the Commission list what arrangements have been made from May 1st 2004 by the 10 new EU
member states with regards to their granting the right of freedom and establishment to nationals coming
from other member states including both the current 15 and the other newly joined countries?

Answer given by Mr Verheugen on behalf of the Commission

(29 January 2004)

The Commission has not received from any present Member States official information on their intention
to amend their own national rules, under which present Member States will admit workers from the new
Member States during the transitional period. Member States have already been invited to communicate
this information to the Commission, however no provision of the Act of Accession establishes such an
obligation for present Member States.

C 78 E/686

Official Journal of the European Union

EN

27.3.2004

Concerning transitional measures that new Member States might apply vis-à-vis workers from any other
Member States, the Act of Accession establishes that, whenever national measures, or those resulting from
bilateral agreements, are applied by the present Member States by virtue of the agreed transitional
provisions, the new Member States may maintain in force equivalent measures with regard to the nationals
of the Member State in question. Therefore, a decision from a new Member State can only be taken after
knowing whether a present Member State is applying transitional measures.

Finally, it should be noted that the transitional arrangement does not apply to Cyprus and Malta. Thus,
there will be complete free movement between current Member States and these countries and indeed
between the other future Member States and Cyprus and Malta. Malta, however, has the right to impose a
safeguard if it fears large movements of workers into Malta.

(2004/C 78 E/0731)

WRITTEN QUESTION E-0151/04

by Alexandros Alavanos (GUE/NGL) to the Commission

Subject: Shortage of intensive care units in Greece

(27 January 2004)

There is a significant shortage of intensive care units in Greece. Under the 2nd Community Support
Framework (CSF), measure 1.1 of the health section of the Health and Welfare Programme provides
specific appropriations for the modernisation of intensive care units and the creation of new units.

How many intensive care units were planned when the Health and Welfare Programme was

1.
submitted under the 2nd CSF? How many were created and how many of those are now operational?

2.

3.

How many units planned under the 2nd CSF were not completed?

How many completed units are not operational and why?

Answer given by Mr Barnier on behalf of the Commission

(19 February 2004)

The Commission is collecting the information it needs to answer the question. It will communicate its
findings as soon as possible.

(2004/C 78 E/0732)

WRITTEN QUESTION P-0230/04

by Konstantinos Hatzidakis (PPE-DE) to the Commission

(26 January 2004)

Subject: Utilisation of Community appropriations in the Member States at the close of 2003

Can the Commission provide a breakdown for each Member State of the level of commitments and
expenditure effected by the close of 2003 under the Community Support Frameworks?