WRITTEN QUESTION No. 2200/98 by Jesús CABEZÓN ALONSO to the Commission. Impact of the judgment in Case C-106/96
Date: 1998-07-14
Institutions: CABEZON ALONSO, European Parliament
Subjects: Community budget, EU action, United Kingdom, budgetary expenditure, human rights, judgment of the Court (EU), legal basis, social policy

21.5.1999

EN

Official Journal of the European Communities

C 142/9

Moreover, the activities of these groups are subject to relevant applicable national law, for example in the
areas of taxes, family law and labour law.

(1999/C 142/010)

WRITTEN QUESTION E-2200/98

by Jesús Cabezón Alonso (PSE) to the Commission

Subject: Impact of the judgment in Case C-106/96

(14 July 1998)

Does the Commission believe that the judgment of the Court of Justice of 12 May 1998 (Case C-106/96)
annuls projects co-financed by the European Union concerning:

− action by NGOs to assist developing countries?

− Community participation in action to combat anti-personnel mines?

− the European initiative for democracy and the defence of human rights?

If the impact on these projects does indeed prove harmful, what action does the Commission intend to take
to offset or redress it?

Answer given by Mr Liikanen on behalf of the Commission

(26 October 1998)

The Commission has taken a precautionary measure in response to the ruling by the Court of Justice that
only in the case of non-significant action does Community expenditure not require the prior adoption of an
act of secondary legislation.

As guardian of the correct application of Community legislation, the Commission could not ignore the
Court’s judgment. Given its responsibility for implementing the budget,
therefore launched a
comprehensive study of all headings in the 1998 budget that were apparently without legal basis, to
check whether it could continue to implement them with complete confidence as to their legality. It has
now completed these checks and its findings as regards the areas to which the Honourable Member refers
are as follows.

it

On 17 July 1998 the Council adopted the basic regulations for budget heading B7-6000 ‘Community
contribution towards schemes concerning developing countries carried out by non-governmental
organizations’ and B7-643 ‘Decentralized cooperation in the developing countries’ (1), with the result
that their implementation may be resumed immediately.

In the case of Item B7-661 ‘Community participation in action concerning anti-personnel mines’, the
Commission considers that the majority of the activities in this field can be implemented on the basis of
specific regulations (one on rehabilitation and reconstruction of developing countries, one on humanitar-
ian aid and one on action in the field of aid to displaced persons in developing countries in America and
Asia).

In addition, an ad hoc agreement was reached with the budgetary authority at the Budget Council on
17 July 1998 for all operations concerning human rights and democracy, including those financed through
Article B7-702 ‘Human rights and democracy in the developing countries’.

This made it possible to continue implementing the measures referred to by the Honourable Member
under the 1998 budget after a temporary interruption.

As regards future budgets, at the Budget Council of 17 July 1998 Parliament, the Council and the
Commission were also able to reach a general agreement resolving the problems of legal bases in the
implementation of the budget. This will help to prevent a recurrence of the sort of differences of opinion
that have led to the current situation.

(1) OJ L 213, 30.7.1998.