# CE2004078EN.01084302.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/843 |
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27.3.2004

EN

Official Journal of the European Union

CE 78/843

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(2004/C 78 E/0897)

WRITTEN QUESTION E-3971/03

by Mario Borghezio (NI) to the Commission

(5 January 2004)

Subject:   Failure by Germany to compensate former Italian military internees (IMIs)

Subject:

The International Organisation for Migration (IOM), which was commissioned by the German foundation ‘Remembrance, Responsibility and Future’ to consider claims for compensation for slave labour and forced labour during the Second World War, has not only incorrectly excluded a large proportion of Italian applicants from the payment of compensation, but has also so far failed to pay the sums owing to those deemed eligible for compensation.

Applicants are entitled to appeal against these decisions to the IOM's appeals body in Geneva (IOM Appeals Body, P.O. Box 174, CH-1211, Geneva 19, Switzerland) although, according to the IOM's own communication to Italian applicants of 11 November 2002, this body is bound by the decision of the German Government and German foundation that Italian military internees had prisoner of war status during the Second World War, excluding them from compensation.

Does the Commission not see an urgent need to take action to ensure the payment of compensation, so far refused or delayed, for this serious violation of the human rights of these elderly and vulnerable survivors of the tragic experience of war?

Joint answer

to Written Questions E-3649/03 and E-3971/03

given by Mrs Diamantopoulou on behalf of the Commission

(11 February 2004)

(11 February 2004)

The Commission is not aware of the legal and factual details regarding the implementation of the German forced labour compensation programme by the International Organisation for Migration (IOM) because it is a matter for the German Government, which has set out the details of this programme in a German Law. It is, therefore, for the German Government to decide the conditions for eligibility. Equally, it depends on the procedures foreseen by this Law as to how the persons concerned may appeal regarding the delays in payments.

In any case, Regulation (EEC) No 1408/71 of the Council of 14 June 1971 (1) does not apply to schemes in favour of war victims. The Commission would, therefore, like to refer to its reply to Written Question E-2757/00 by Mr Alavanos (2) regarding the same compensation programme, and in particular to the fact that the Petitions Committee of the Parliament had, therefore, decided that it would address the Petitions Committee of the German Bundestag in order to try to improve the situation of these victims.

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(1)  OJ L 149, 5.7.1971; last consolidated version: Council Regulation (EC) No 118/97 of 2 December 1996 amending and updating Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71, OJ L 28, 30.1.1997.

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(2)  OJ C 136 E, 8.5.2001.

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