WRITTEN QUESTION E-0808/04 by Erik Meijer (GUE/NGL) to the Commission. Guarantees, with a view to enjoying equal rights, for persons who have suffered discrimination or neglect in the appraisal of qualifications obtained in other Member States.
Date: 2004-03-15
Institutions: European Parliament, Provisional data
Subjects: civil aviation, crew, equal treatment, free movement of workers, recognition of diplomas, transport licence

8.4.2004

EN

Official Journal of the European Union

C 88 E/229

The exceptional hunting has been started at the request of the Member of the Regional Executive
responsible for agriculture and agricultural and stockbreeding reform (note of 13 February 2004 (number
in register 296/Gab.)) on account of supposed damage to crops, namely the non-existent ‘invasions’ by
thrushes, sparrows, and starlings.

The Sardinian regional Law No 2/2004 appears to contravene Directives 79/409/EEC, 85/411/EEC (2), and
91/244/EEC (3) because it allows exceptional hunting of all
‘warm-blooded fauna species’ without
distinction and is not based on any expert scientific opinion from recognised specialist institutes.

Executive Order No 3/V of 18 February 2004 appears to constitute an even more serious infringement of
Community legislation because it authorised exceptional hunting in spite of the fact that no alternative
solution had been tried and the alleged crop damage had not been proved. Furthermore, the bird species
concerned had already been hunted during the normal hunting season that had just ended (and the
Autonomous Region of Sardinia seems to be aiming in reality only to prolong the hunting season);
the bagging permitted was on a scale anything but modest and marginal, and coincided with the height of
the migration period before the mating and breeding season; and the entire situation manifestly flouted the
case law of the Court of Justice (see judgments handed down on 16 October 2003, Case C-182/02;
7 December 2000, Case C-38/99; 19 January 1994, Case C-435/92; and 17 January 1991, Case C-157/89).

the Earth, Gruppo
Environmentalist organisations (Lega per
d’Intervento Giuridico, Movimento U.N.A, and L.A.V.) have reported the matter to the national and
Community authorities (notes of 13 and 20 February 2004).

l’Abolizione della Caccia, Friends of

Is the Commission aware of the above facts?

Has it ascertained that the wild bird conservation legislation is being observed?

Will it take the appropriate steps?

(1) OJ L 103, 25.4.1979, p. 1.
(2) OJ L 233, 30.8.1985, p. 33.
(3) OJ L 115, 8.5.1991, p. 41.

Answer given by Mrs Wallström on behalf of the Commission

(23 April 2004)

The Commission has already registered a complaint on the hunting legislation of Regione Sardinia
mentioned by the Honourable Member, for possible bad application of Council Directive 79/409/EEC of
2 April 1979 on the conservation of wild birds as amended by Commission Directive 91/244/EEC of
6 March 1991.

The information given by the Honourable Member has been added to the complaint file which is under
assessment by the Commission.

Should the Commission conclude that Community law is being breached in the case in question, it would
not hesitate, as the Guardian of the EC Treaty, to take all necessary measures, including infringement
procedures under Article 226 of the EC Treaty, in order to ensure the observance of relevant Community
law.

(2004/C 88 E/0233)

WRITTEN QUESTION E-0808/04

by Erik Meijer (GUE/NGL) to the Commission

(15 March 2004)

Subject: Guarantees, with a view to enjoying equal rights, for persons who have suffered discrimination or

neglect in the appraisal of qualifications obtained in other Member States

1.
Given the circumstances described in my questions concerning the invalidity of a civil aviation pilot’s
licence if use is made of it in another Member State or after revision of the rules governing Air Transport
Pilot Licences, what is the EU doing to ensure that qualifications obtained in one Member State are
recognised with a view to being able to engage in the same occupation in another?

C 88 E/230

Official Journal of the European Union

EN

8.4.2004

Given the circumstances referred to in question 1, what is the EU doing to ensure that, where rules
2.
are subsequently amended,
there is no discrimination between EU citizens whatever, e.g. because
replacement documents are issued later or different documents are issued, on the basis of Member State
of nationality, Member State of residence, Member State of education or Member State of employment?

3. What possible avenues are open at present to individuals with qualifications regarded as insufficiently
equivalent, and subsequently made subject to revised requirements, to continue to be licensed, or regain
their licence, to engage in their previous occupation?

4. What is being done to prevent individuals concerned from only being able to secure their right to
equality by bringing legal actions, which, typically, are protracted and costly with an uncertain outcome?

If the avenues referred to in question 3 do not yet exist to a sufficient extent, what changes ought to

5.
take place in the opinion of the Commission? Is it taking the necessary initiatives to that end?

Answer given by Mrs de Palacio on behalf of the Commission

(30 April 2004)

Directive 91/670/EEC (1) leaves the form of acceptance of foreign licences to the discretion of the Member
States. In addition, given the diversity of national rules and regulations in this connection, pilots may apply
for their licences to be accepted in each of the countries where they wish to operate.

Directive 91/670/EEC is specifically intended to encourage compliance with the obligations arising from
the EC Treaty and ensure the mobility of cockpit personnel within the Community.

The Commission is responsible for monitoring compliance with the provisions of the EC Treaty and
secondary legislation. Where appropriate, it will examine any specific cases that the Honourable Member
might wish to refer to it.

In the event of an infringement of Community law, individuals have at their disposal the legal remedies in
existence in the Member State presumed to be at fault, and may submit a complaint to the Commission.

In the next few months the Commission will be submitting a proposal for a regulation aimed at extending
the scope of European Parliament and Council Regulation 1592/2002 of 15 July 2002 on common rules
in the field of civil aviation and establishing a European Aviation Safety Agency (2) to include flight crew
licensing. As a result, cockpit personnel
licences would be issued on common bases and would be
automatically recognised within the Community. Adoption of this Regulation would resolve the difficulties
reported by the Honourable Member.

(1) Council Directive 91/670/EEC of 16 December 1991 on mutual acceptance of personnel licences for the exercise of

functions in civil aviation, OJ L 373, 31.12.1991.

(2) OJ L 240, 7.9.2002.

(2004/C 88 E/0234)

WRITTEN QUESTION E-0817/04

by Stefano Zappalà (PPE-DE) to the Commission

(15 March 2004)

Subject: Finnish customs duties

Mr Claudio Oliviero, a veterinary surgeon and Italian national who has been resident in Finland since
1 January 2004, decided to import his Italian-registered car into Finland for reasons connected with his
work.

Under Finnish law, he has to pay customs duty of EUR 7 000 in order to drive his car in Finland.