WRITTEN QUESTION E-2502/99 by Rolf Linkohr (PSE) to the Council. Europe Agreements with Eastern European countries.
28. 12. 2000 EN Official Journal of the European Communities C 374 E/5 (2000/C 374 E/005) WRITTEN QUESTION E-2502/99 by Rolf Linkohr (PSE) to the Council (4 January 2000) Subject: Europe Agreements with Eastern European countries Each of the Europe Agreementsí which the EU has concluded with Eastern European countries includes an áequal treatment requirementí relating to the establishment of companies and nationals of the contracting countries (subject to certain provisos for special occupations). Does the Council consider that this equal treatment requirement includes a prohibition of discrimi- 1. nation? 2. Does the Council consider that an EU Member State is barred from submitting nationals of the contracting countries to áneeds testsí if their own self-employed nationals are not required to undergo such tests? 3. Does the Council agree that, where a Member State does not require its own self-employed nationals to produce evidence of prior knowledge, etc. , such evidence may not be required of the nationals of the contracting partner countries? 4. Does the Council agree that, where a Member State does not require its self-employed nationals to produce evidence of capital, this may not be required of the nationals of the contracting partner countries? Reply (16/17 May 2000) As the Honourable Member has pointed out, the Europe Agreements concluded between the European Community and its Member States, of the one part, and each of the applicant countries of Central and Eastern Europe (Bulgaria, Estonia, Hungary, Latvia, Lithuania, Poland, Czech Republic, Romania, Slovakia and Slovenia), of the other part, contain provisions concerning the right of establishment. This right forms the subject of Chapter II of Title IV of each of the Agreements. Although different for each Agreement, the provisions stipulate in general that: ü as from entry into force of the Agreement, the Member States must ensure national treatment in the right of establishment, with the exception of certain areas or matters; ü contrary to the above, the Associated State is only required to introduce national treatment progressively, depending on the sector; ü each Party may regulate the establishment and activities of companies and nationals on its territory, insofar as these regulations do not discriminate between its own nationals and the other Partyís nationals. However, prevent the Parties from applying their own laws and regulations concerning admission and residence. it should be noted that the above provisions concerning the right of establishment do not The Honourable Memberís questions may therefore be answered as follows, with the exception of certain specific provisions in each Europe Agreement. 1. The application of national treatment to the right of establishment means that any discrimination is prohibited between own nationals and the other Partyís nationals with respect to the establishment and pursuit of economic activities. 2. Under national treatment, a Member State of the European Union may not restrict the right of nationals of the other Party to become established and to pursue activities for reasons concerning the appropriateness thereof, if it does not restrict this right for its own nationals, subject to the provisions of C 374 E/6 Official Journal of the European Communities EN 28. 12. 2000 Article 58 of the Association Agreements and of Article 59 of the Europe Agreements. Application of this principle is subject to the provisions of Article 55 of the Europe Agreement with Estonia, Article 56 of the Europe Agreement with Latvia and Lithuania, Article 57 of the Europe Agreement with Slovenia, Article 58 of the Europe Agreements with Hungary and Poland and Article 59 of the Europe Agreements with Romania, Bulgaria, the Slovak Republic and the Czech Republic. 3. Likewise, conditions relating to specific knowledge may not be imposed only on the other Partyís nationals. It should, however, be pointed out that to date the provision in the Agreements allowing for measures to be taken for the mutual recognition of qualifications has not produced any effects. 4. Likewise, with respect to the establishment and pursuit of economic activities, conditions of a financial nature may not be imposed only on the other Partyís nationals. Some Member States, however, have similar provisions concerning the admission and residence of third-country nationals in their territory. (2000/C 374 E/006) WRITTEN QUESTION E-2642/99 by Andrew Duff (ELDR) to the Commission (12 January 2000) Subject: Allocation of rural development funds to Member States What criteria were used in determining the recent allocation of rural development funds to Member States, and what weighting was given to each of these? Why were these criteria chosen? In particular, did the previous allocation of funds under Regulations now superseded constitute one factor used in the determination and, if so, why? How was the rural population in each Member State defined? Answer given by Mr Fischler on behalf of the Commission (24 February 2000) In accordance with Article 46(2) of Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations (1), the Commission fixed the initial appropriations allocated to Member States for rural development measures part-financed by the EAGGF (Guarantee Section) áusing objective criteria which take into account particular situations and needs, and efforts to be undertaken especially for the environment, job creation and maintenance of the landscapeí. Member Statesí particular situations and needs were examined on the basis of the 1994-1999 financial allocations, taking as a reference point the average allocation by Member State during that period. Total funding for the new period was increased by nearly 20 %, whereby the appropriations over and above the previous total amount were divided among Member States according to their specific needs. This was done inter alia using statistical criteria relating to the importance of rural areas (total size of the Member State, size of rural areas, rural population) and to agricultural activity (usable agricultural area, number of holdings, agricultural employment). The árural characterí criterion (size of rural areas and rural taking into account a population density threshold of 100 inhabitants/km2 at population) was set NUTS 5 level. (1) OJ L 160, 26. 6. 1999