WRITTEN QUESTION E-0406/04 by Jules Maaten (ELDR) and Jan Mulder (ELDR) to the Commission. Discrimination against a Netherlands onion farmer in Poland.
Date: 2004-02-17
Institutions: European Parliament, Provisional data
Subjects: Netherlands, Poland, accession to the European Union, discrimination on the basis of nationality, investment abroad

C 88 E/500

Official Journal of the European Union

EN

8.4.2004

According to the Commission’s information, environment provisions and working conditions are in

5.
compliance with Icelandic law.

6. With regard to measures relating to competition, the European Free Trade Association (EFTA)
Surveillance Authority has approved measures taken by the Icelandic authorities to apply state aid for the
project as of March 2003. A smaller case concerning state aid is still pending at EFTA Surveillance
Authority (ESA), which according to the EEA Agreement has the task to control the observance of internal
market rules in the EEA/EFTA countries.

(1) OJ L 18, 21.1.1997.
(2)

Icelandic law on the legal status of foreign employees include Act no 55/1980 on Worker’s Wages and Terms of
Employment and Obligatory Insurance of Pension Rights where Article 1 includes rights to mininum wages,
overtime payments, vacation entitlement, maximum working hours and rest time; Act No 46/1980 on Working
Environment, Health and Safety in Workplace; Act No 95/2000 on Maternity/Paternity leave and Parental Leave;
Act No 30/1987 on Vacation Pay.

(2004/C 88 E/0511)

WRITTEN QUESTION E-0406/04

by Jules Maaten (ELDR) and Jan Mulder (ELDR) to the Commission

Subject: Discrimination against a Netherlands onion farmer in Poland

(17 February 2004)

1.
Is the Commission aware of the article published on 3 February 2004in the Netherlands newspaper
De Telegraaf (page 5), which describes the situation of the Netherlands onion farmer Hans Goense, who
has established himself in Poland?

Does the Commission share the view that the success of EU enlargement depends not least on
2.
entrepreneurs like Hans Goense who want to establish themselves in new Member States? Does it also
share the view that there is a risk that such entrepreneurs may be discouraged by examples of this kind?

Does the Commission share the view that the situation set out in the article raises questions about

3.
the conduct of the Polish authorities?

4.

Finally, is the Commission prepared to raise the case of Hans Goense with the Polish authorities?

Answer given by Mr Verheugen on behalf of the Commission

(23 March 2004)

The Commission’s response to the first three points raised by the Honourable Members in their question is
affirmative.

The case in question gives rise to concerns as to the proper functioning of the law enforcement bodies in
Poland and, in a broader context, the living together and integration of foreigners in Poland. Moreover, the
case clearly illustrates the importance of reliable economic and legal
in
particular, an impartial and efficient judiciary and police organisation for the success of any foreign
investment in Poland. Examples like this can have negative repercussions on the general investment climate
in Poland.

framework conditions and,

The Commission takes the issue seriously. However, as the Honourable Members are well aware, the
Commission cannot interfere in lawsuits.

In parallel to the legal steps currently taken, the Dutch citizen could present his case to the Polish
Ombudsman.