WRITTEN QUESTION No. 1915/98 by Jean-Antoine GIANSILY to the Commission. Implementation of the 1998 budget
Date: 1998-06-09
Institutions: European Parliament, GIANSILY
Subjects: Community budget, Euratom Supply Agency, European official, appointment of staff, draft budget, servant (EU)

C 386/166

Official Journal of the European Communities

EN

11.12.98

Joint answer to Written Questions
E-1904/98 and E-1905/98
given by Sir Leon Brittan on behalf of the Commission

(16 July 1998)

The Commission would refer the Honourable Member to its joint answer to written questions E-1343/98 and
1344/98 by Mr Sanchez-Neyra (1) and to the reply it gave to oral question H-573/98 by Mr Marset Campos during
question time at Parliament(cid:146)s June 1998 part-session (2) for a detailed explanation of the main elements of the
agreement reached between the Community and the United States at the Summit in London on 18 May 1998.
The agreement reached is a package of elements that offer the real prospect for a lasting resolution of the
differences with the United States over the Helms-Burton Act and the Iran-Libya Sanctions Act, and the broader
problem of extraterritorial sanctions.

However, in spite of this agreement, the Commission(cid:146)s position on these Acts remains that they are contrary to
international law. At no point did the Community acknowledge their legitimacy. The Commission has fully
reserved its right to resume the World trade organisation (WTO) case in the event of action being taken against
Community citizens or companies under these Acts. The agreement is of a political nature and does not in any
way give validity to the illegal provisions of the American laws in question.

The full implementation of the agreement reached between the Community and the United States at the Summit
in London on 18 May 1998 depends on the support of the American Congress. It does contain elements that form
the basis for paving the way for a permanent neutralisation of the Helms-Burton Act and avoiding similar acts
from being enacted in the future. But the Community and Member States as well as the United States will have to
implement the deal once the presidential waiver authority under Title IV of the Helms-Burton Act is adopted and
exercised.

The agreement fully guarantees the national sovereignty of the Member States. The understanding on disciplines
regarding investment in illegally expropriated property provides that it is the Member States and notably their
agencies responsible for deciding on government commercial assistance and support which will carry out the
main part of the agreed disciplines. As for countries that have engaged in repeated expropriations, including
Cuba, the Commission has agreed to be especially careful when assessing the possibility of providing
government assistance in such cases.

Existing investments are not affected by the disciplines, and with respect to future investment in property
expropriated in the past, such as in Cuba, there will be no investment ban, only some restraints on government
assistance.

See page 115.

(1)
(2) Debates of Parliament (June 1998).

(98/C 386/229)

WRITTEN QUESTION P-1915/98

by Jean-Antoine Giansily (UPE) to the Commission

(9 June 1998)

Subject: Implementation of the 1998 budget

On 18 December 1997, at second reading of the 1998 draft budget, the European Parliament adopted Amendment
1 on the institutions(cid:146) administrative expenditure (Chapter A-11, Staff in active employment), which stipulated
that the following text be added to footnote 4 to the column entitled (cid:145)Of which permanent posts in the Supply
Agency(cid:146): (cid:145)The duties of Deputy Director-General of the Supply Agency are carried out by an A3 official
appointed Deputy Director-General pursuant to Article 53 of the European Atomic Energy Community Treaty(cid:146).

Can the Commission say on what date, as part of its task of implementing the budgetary authority(cid:146)s decisions, it
officially made that appointment?