EU PILOT Success stories

MEMO/10/60

Brussels, 3 March 2010

EU PILOT Success stories

The European Commission has presented today its first Evaluation Report on the functioning of 'EU Pilot' - the method introduced to improve the assistance to citizens and business on the application of EU law. It shows how the Commission and fifteen Member States are working to increase their co-operation to reduce the number of formal infringement procedures and get results for citizens and business quicker.

Commission services help local authority ensuring a uniform regime of recognition of professional qualification for doctors in Germany

Since 2005, the European Union has a specific directive including proposals for a more uniform, transparent and flexible regime of recognition of qualifications. The annex of the directive mentions all the valid qualifications for each Member State. In the beginning of 2009, the European Commission was contacted by a German doctor who had obtained his medical qualification of general practitioner in Germany issued by a local chamber of doctors. He was wondering why his professional qualification differed with the one listed for Germany in the European directive. Thanks to contacts between Commission services and German authorities, through the EU Pilot application, it appeared that the local authority had not well understood the directive. One month later, the situation was corrected by the regional authority in charge of this medical chamber. From March 2009 on, the chamber issues qualifications which respect the provisions of the annex of the directive and allow for the automatic recognition of these professional qualifications in other Member States.

Commission services and Germany work together to ensure that an important construction project does not have negative impact on the protected species of the area

EU law preserves rare fauna and flora within the European Union. For this reason, the Member States have to respect strict conditions in order to undertake construction projects in preserved areas. Germany plans to build a flood water retention reservoir. A citizen contacted the European Commission to enquire about possible negative impacts for the fauna, especially the birds, in the construction zone. Thanks to this issue being raised in EU Pilot, Germany had the possibility to clarify the situation, presented the important public safety aspects of the project and corrected some problems in the plan. The flood water retention reservoir should thus be constructed in conformity with EU law.

EU Pilot confirms that the measures taken to reduce noise from Stuttgart's airport are in conformity with EU law

In 2002, the European Union established a directive providing a basis for developing EU measures to reduce noise emitted by the major sources, in particular road and rail vehicles and infrastructure, aircraft, outdoor and industrial equipment and mobile machinery. In order to meet the objective of the directive, Member States should establish noise action plans. A complainant contacted the Commission, considering that the German authorities had to establish such a plan for the airport of Stuttgart. Thanks to contacts between Commission services and German authorities through the EU Pilot application, Germany confirmed the planning of an evaluation of noise on the basis of the national law and indicated that according to the results a noise action plan would be established if necessary.

Commission services and the United Kingdom work together with a view to ensuring the timely issuing of residence documents for EU citizens and their family members

EU law foresees that the right to move and to reside freely within the territory of the Member States should also be granted to their family members, irrespective of their nationality. The European Commission has received a large number of complaints about important delays in the United Kingdom on issuing residence documents for EU citizens and their family members. The Commission services contacted the UK Border Agency through the EU Pilot application. The Agency fully recognized the situation and assured that actions were taken to improve the issuing of these documents on time in the future. The situation has been corrected for the complainants and EU Pilot has helped avoiding similar problems in the future.

Commission services and Czech authorities co-operate to ensure the protection of the moral development of minors by verifying the suitability of television programmes broadcast in Romania

Regarding the establishment of a common market in the field of television broadcasting activities, EU law foresees the introduction of rules to protect the physical, mental and moral development of minors in connection with television programmes and advertising wherever it is necessary. The European Commission has been informed that a Czech children's television channel was broadcasting a programme which contained allegedly unsuitable content received in Romania. Thanks to contacts between Commission services and the Czech Republic through the EU Pilot application, the Czech authorities assured that the programme was not in breach of the relevant legal rules. Nevertheless, thanks to EU Pilot, the operator concerned decided not to continue to broadcast the programme and some others.

Commission services and Spanish authorities help to protect consumers and the designation of origin of a traditional Italian product

EU law foresees that geographical indications and designations of origin should be protected within the European Union. In addition to this, the consumer should not be misled by the labelling or advertising of foodstuffs. In this context, the European Commission found out that a product called PARME SANO was distributed in Spain. In a matter of fact, the name of the product misled the consumer and did not respect the protected designation of origin 'Parmigiano Reggiano'. Thanks to contacts between Commission services and Spanish authorities through the EU Pilot application, the company stopped production of the product.

Commission services and the Austrian authorities work together to ensure that no discrimination occurs in the award of public contracts

EU law regulates the procedures for the award of public contracts. Member States should ensure that a procedure for the award of a public contract does not cause any distortion of competition. According to the complaint of a stakeholder, services were awarded for the development of an Austrian port without a European-wide publication of the tender notice and in a discriminatory way. This was because the procedure only accepted applications from Austrian architects and landscape engineers from Austria, Germany or Switzerland. After investigation through EU Pilot, it turned out that the project did not require a European-wide publication. However, the Commission services pointed out that there had been discrimination on grounds of nationality contrary to EU law. The Austrian authorities informed the federation of architects and engineers about the inadmissibility of this procedure. The company that initiated the procedure recognized the problem and ensured that it will take the necessary measures to ensure that such problems never recur.

EU Pilot helps EU citizens to get correct information on administrative requirements to get married in the Czech Republic

EU law states that the formalities connected with the free movement of EU citizens within the territory of Member States should be clearly defined, this being without prejudice to the provisions applicable to national border controls. Furthermore, in accordance with the prohibition of discrimination on grounds of nationality, all EU citizens and their family members residing in a Member State should enjoy, in that Member State, equal treatment with nationals in areas covered by European law. A European citizen informed the European Commission about the difficulties for foreigners to get married in the Czech Republic. Apparently, the Czech authorities required a certificate of legal residence in the Czech Republic issued by the Czech Police within the past seven working days. This condition is in breach with EU law. Thanks to contacts between Commission services and the Czech Republic through the EU Pilot application, it became clear that, although the requirement had been abolished some months before, the information available to the public on the Internet had not been modified. The Czech Republic agreed to publish updated information.

EU Pilot helps to confirm the conformity with EU law of the Austrian financial payment made to pregnant women for medical attendance by a doctor

EU law proscribes any restrictions of the free movement of workers, one of the fundamental freedoms of the European Union. It guarantees to persons having acquired their professional qualifications in a Member State to have access to the same profession and pursue it in another Member State with the same rights as nationals. Host Member States may, where necessary and in accordance with EU law, provide for declaration requirements. These requirements should not lead to a disproportionate burden on service providers nor hinder or render less attractive the exercise of the freedom to provide services. The Austrian Board of Midwives had contacted the European Commission to point out a supposed discrimination in the midwife status in Austria. In fact, the Austrian legal situation confers a financial advantage on women whose pregnancy is attended by a doctor. If the women are attended by a midwife, they only receive half of the amount of the child allowance from later on in the pregnancy. Thanks to contacts between Commission services and the Austrian authorities through the EU Pilot application, Austria explained its legal situation and convinced the European Commission that medical attendance of pregnant women by doctors is really valuable for their health and safety.

EU Pilot helps to confirm the conformity with EU law of qualification requirements for German teachers

For nationals of the Member States, the principle of the free movement of workers guaranteed by the Treaty includes the right to pursue a profession in a Member State other than the one in which they have obtained their professional qualifications. In Germany, more precisely in Berlin, the legal regime foresees that teachers qualified in another Member State can have recognition of their professional qualifications. However, this is, de facto, impossible for some teachers because they are only qualified in one subject, and the German authorities did not accept such qualifications, and for some because of the need for certification of German language skills even if they will only teach their mother tongue. A German MEP alerted the European Commission about a possible discrimination between German and foreign teachers. Thanks to contacts between Commission services and the German authorities through the EU Pilot application, the Commission was informed that Berlin had changed the criteria for the recognition of teacher qualifications after a similar case before the Court of Justice. In Germany, it is now possible to recognise a teacher qualification with only one school subject. However, the verification of German language skills remains a requirement as indispensable for the contact with pupils, parents and colleagues.

The Commission services and the Austrian authorities work together to ensure that companies from other Member States are not discriminated against when initiating cross-border projects

The Regional Policy of the European Union encourages cooperation between regions and a special fund facilitates and promotes cross-border, transnational and inter-regional cooperation. A Slovenian broadcasting company initiated a cross-border project with Austria but according to the initiators their Austrian partners had a discriminatory attitude, favouring another Austrian project. Thanks to contacts between Commission services and the Austrian authorities through the EU Pilot application, it turned out that the project has only been rejected for formal reasons: the submitted application form was not complete as co-financing statements from the Austrian side were not attached.

EU Pilot helps to confirm the conformity with EU law of the Italian system of participation of EU citizens to trade union representation elections

One of the fundamental freedoms of the European Union is the freedom of movement. This right requires that equal treatment shall be ensured in fact and in law in respect of all matters relating to the actual pursuit of activities as employed persons. The principle of non-discrimination between EU workers entails that all nationals of Member States have the same priority as regards employment as is enjoyed by national workers. The Commission received two complaints and a parliamentary question indicating that non-Italian employees of the Italian Ministry of Foreign Affairs had no voting rights for trade union representation elections. Thanks to contacts through the EU Pilot application, the Italian authorities have clarified the situation and informed the Commission that the legislation had actually been brought into line with EU law several years ago.

EU Pilot helps to confirm the conformity with EU law of the regulations governing waiting periods applied in Ireland in relation to payments under a health insurance contract

According to Article 18 of the Treaty on the functioning of the European Union, within the scope of application of this Treaty and without prejudice to any special provisions contained therein, any discrimination on grounds of nationality shall be prohibited. That provision concerns situations coming within the scope of Community law in which a national of one Member State suffers discriminatory treatment in relation to nationals of another Member State solely on the basis of nationality. A citizen contacted the European Commission claiming that EU citizens who are not Irish nationals but wish to take out health insurance in Ireland have to wait between six months and a year, depending on their age, before they can actually claim any medical expenses. Thanks to this issue being raised in EU Pilot, Ireland had the possibility to clarify the situation, providing evidence that the regulations governing the

European EC Rapid Press Release MEMO/10/60, copyright European Commission.
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