WRITTEN QUESTION P-0342/04 by Dirk Sterckx (ELDR) to the Commission. Restrictions on the opening up of the Belgian railways market.
Date: 2004-02-06
Institutions: European Parliament, Provisional data
Subjects: Belgium, EU law - national law, drivers, market access, rail transport, recognition of diplomas, transport market, transport safety

3.4.2004

EN

Official Journal of the European Union

C 84 E/201

Answer given by Ms Wallström on behalf of the Commission

(27 February 2004)

Under the procedure for dealing with an assumed contravention of Community law (No 2003/2004), the
Commission has written to the Italian authorities on several occasions asking how this Italian legislation
works, in particular with regard to the obligation for journalists to be entered on occupational registers
and the conditions for this, in particular for journalists from other Member States.

However, no reply has yet been received from the Italian authorities, so a final letter will be sent shortly.

(2004/C 84 E/0245)

WRITTEN QUESTION P-0342/04

by Dirk Sterckx (ELDR) to the Commission

(6 February 2004)

Subject: Restrictions on the opening up of the Belgian railways market

According to reports, the national railway company of Belgium, Belgian Railways, is enabling train drivers
to change to another railway company that operates trains in Belgium. The driver’s licence is not
immediately transferred to the new employer, with the result that it loses its validity and the driver has to
take another examination. On the other hand, Belgian railway legislation apparently does not allow the
establishment and recognition of firms which are not themselves railway operators, but supply railway
staff with a safety function (train drivers, shunters, guards) to other railway companies.

Is the Commission aware of these restrictions on the opening up of the market, and does it consider them
to be compatible with European legislation in this area?

Answer given by Mrs de Palacio on behalf of the Commission

(26 February 2004)

The Commission is aware of these restrictions, which vary from country to country depending on the
national legislation in force. In some cases, they could be in breach of current Community legislation and
the regulatory body provided for in the first railway package (1) (cid:1) in particular Article 30 of Directive
2001/14/EC, which should have been transposed into national law by all the Member States by 15 March
2003 (cid:1) is responsible for intervening in the event of a complaint.

More generally, the second railway package (2) deals with the issue of driver certification, specifically in the
Directive on rail safety for which the Honourable Member is rapporteur. However, the creation of a
Community framework for driver certification goes beyond safety issues; other areas such as inter-
operability, the right to work, the mobility of workers between undertakings, as well as recognition of
training and work experience must also be dealt with. In view of this complexity (cid:1) highlighted during the
debate on the second package (cid:1) and in accordance with the indication given at the time of the Council’s
in March 2003, the Commission has drawn up a framework Directive for the
political agreement

C 84 E/202

Official Journal of the European Union

EN

3.4.2004

certification of train drivers and all staff involved in crucial tasks relating to rail safety. This proposal,
which is part of the third package (3), will be presented to the Parliament and the Council during the first
half of 2004.

(1) Directive 2001/12/EC of the European 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. Directive 2001/13/EC
of the European Parliament and of the Council of 26 February 2001 amending Council Directive 95/18/EEC on the
licensing of railway undertakings, OJ L 75, 15.3.2001. Directive 2001/14/EC of the European Parliament and of the
Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the
use of railway infrastructure and safety certification, OJ L 75, 15.3.2001.

(2) http://europa.eu.int/comm/transport/rail/package/new_fr.htm
(3) Proposals from the third package due in the first half of 2004.

(2004/C 84 E/0246)

WRITTEN QUESTION P-0359/04

by Eija-Riitta Korhola (PPE-DE) to the Commission

(6 February 2004)

Subject: Impact of lack of health care standards on free movement of labour and citizens

In the EU region there are no uniform standards for the care required by patients in particular conditions
(e.g. those in intensive care or those recuperating in hospital after a hip prosthesis operation) or for the
correct minimum ratio of various categories of staff to patients, which is an essential element in the
satisfactory provision of such care. Naturally, patients must have the right to be able to trust that their
health will not under any circumstances be endangered when undergoing medical treatment anywhere
within the EU. It is equally vital for those working in health services themselves to know that it will be
reasonably possible for them to bear the considerable responsibility associated with their work.

This issue is closely bound up with the freedom of movement of labour and citizens: from the point of
view of EU citizens’ safety it is important that they should be able to obtain proper care wherever they
travel within the EU, should they require it. Similarly, in the interests of labour mobility, it is necessary to
be sure in advance that, for example, if a nurse takes a job as a nurse in another Member State, he/she will
not be compelled to take on the responsibilities of a doctor or, when doing any job, to do more work than
is humanly possible. An analogy with EU rules on health and safety at work with reference to transport
safety, for instance, is not difficult to find. Moreover, compliance with this requirement should be readily
achievable in a field where recognition of professional competence is governed by EU directives.

Is the Commission aware of the discrepancies which exist, both between EU Member States and within
them, in standards concerning care workers and directly relating to the safety of patients and to health and
safety at work? How does the Commission view the situation from the point of view of attaining free
movement of citizens and of labour?

Answer given by Mr Byrne on behalf of the Commission

(10 March 2004)

Minimum standards for the professional qualifications for health professionals are determined by the
following Sectoral Directives: 93/16/EEC (1) (Doctors); 77/453/EEC (2) (Nurses); 78/686/EEC (3) (Dentists);
80/155/EEC (4) (Midwives) and 85/432/EEC (5) (Pharmacists).

There are, nevertheless, significant variations in practices and outcomes with regard to healthcare provision
throughout the Union. Although Member States are responsible for the organisation and delivery of health
services and medical care, these variations show that there is scope for exchanges of best practice at
European level to bring practical benefits to patients and health professionals across the Union. The high
level process of reflection on patient mobility and healthcare developments across the European Union
convened by the Commission and bringing together health ministers and other key health sector
stakeholders made recommendations in a range of areas that would improve this situation,
including
exploring networking and cooperation on European centres of reference, strengthening health technology