WRITTEN QUESTION E-3961/98

by Luigi Caligaris (ELDR) to the Commission

(4 January 1999)

Subject: Negotiations on Slovenia's accession to the European Union and the restitution of Italian property

Slovenia is one of the countries with which the Commission has opened negotiations for accession as a matter of priority. This reflects the real progress achieved by Slovenia's new institutions in terms of political and economic stability. However, the EU's justifiably favourable attitude to that country makes it all the more important for Slovenia to pay particular attention to resolving the contentious issue of the restitution of property belonging to the Italian minority still living there. The Italian minority was the victim of the previous Yugoslav regime's arrogant policy of expropriation, in line with practice in other totalitarian communist states.

Despite the agreements initialled by the Italian and Slovenian governments, the subject at issue continues to constitute an example of blatant discrimination against the rights of the Italian minority, which is still suffering the effects of the unjust confiscation of various assets. Moreover, the dispute in question cannot be regarded as simply a bilateral Italian-Slovenian matter, as it is falls within the scope of relations between the EU and Slovenia, particularly in the light of the accession negotiations.

As accession should be conditional on proper respect for the rights of minorities and the payment of compensation for property confiscated in the past, as behoves a law-based and democratic state, what active steps is the Commission taking in its discussions with the Slovenian authorities? And what mechanisms exist to ensure that progress in the negotiations is conditional on achieving a settlement of this question acceptable to all the parties involved?

Answer given by Mr van den Broek on behalf of the Commission

(15 February 1999)

The accession negotiations with Slovenia started following a decision of the Luxembourg European Council in December 1997. These negotiations concern the future membership of Slovenia of the Union and its acceptance of the Community rules (the "acquis"). Property ownership however is not as such part of the acquis. Article 222 of the EC Treaty stipulates the Treaty shall not prejudice Member States' rules governing the system of property ownership.

Relations between the Community and Slovenia are regulated by the Europe agreement, which entered into force on 1 February 1999. This includes an exchange of letters with the Slovenian government (Annex XIII) which commits the Slovenian government to liberalize the Slovenian property market four years after the entry into force of the Europe agreement. For those Union citizens (including former Italian residents) with three years of residence in Slovenia, the Slovenian government is committed to liberalise the property market immediately with the entry into force of the Europe agreement.

In addition, the Slovenian government already introduced the necessary constitutional changes in July 1997, in accordance with the above-mentioned exchange of letters, before ratification of the Europe agreement. The Commission is continuing consultations with the Slovenian government to monitor the correct implementation of the property issue. The government has on several occasions confirmed its full commitment to timely implementation of all the provisions of Annex XIII to the Europe agreement.