WRITTEN QUESTION E-2733/99 by Carlo Fatuzzo (PPE-DE) to the Council. Italian law which discriminates against disabled persons over the age of 65.
Date: 2000-01-13
Institutions: European Parliament, Provisional data
Subjects: Italy, age discrimination, application of EU law, disability insurance

24.10.2000

EN

Official Journal of the European Communities

C 303 E/101

(2000/C 303 E/095)

WRITTEN QUESTION E-2731/99

by Luisa Morgantini (GUE/NGL) to the Council

(13 January 2000)

Subject: Nicaragua: corruption and EU aid

Following the arrest of the President of the Nicaraguan Court of Auditors, Mr Agustin Jarquin, who had
spoken out against serious financial irregularities committed by the present government, does the EU intend
to review its programme of aid to the country without delay, pending Mr Jarquin(cid:146)s release, the reestablish-
ment of proper institutional controls on the activities of the government and a thorough investigation of
the above allegations?

Reply

(10/11 April 2000)

1.
As the Honourable Member is probably aware, Mr Agust(cid:237)n Jarquin, Comptroller General of the
Republic of Nicaragua, was released from prison on 24 December 1999. This liberation is no doubt the
result of, on the one hand, the support given by numerous political personalities, the media and part of
Nicaraguan public opinion and, on the other, international pressure, including dØmarche carried out by the
European Union during the month of November 1999.

2.
On that occasion the Union expressed its deep concern about the events which led to the arrest and
imprisonment of Mr Jarquin and the institutional repercussions on the country(cid:146)s governability. It is true
that the consolidation of the rule of law, which involves, inter alia, a balance of powers and the existence
of an independent, professional justice system, is a lengthy process in a country deeply scarred by civil war
and a culture of confrontation. However, the imprisonment of the Comptroller General
looked like a
sanction centred chiefly on his attitude of independence vis-(cid:224)-vis the executive power and on his fight
against corruption.

3.
The EU underlined that rule of law, transparency and respect for the independence of democratic
institutions were of primary importance for any country and formed the foundation of development
efforts. The European Union further underlined that these were important conditions in reaching the
decision and the completion point of the initiative for Highly Indebted Poor Countries (HIPC).

4.
Nicaragua has since decided to revise its Constitution. It is clear, as regards some aspects of the
institutional reforms under way, that the problem does not lie in the structures, whether or not collegial,
of the (cid:145)Controlaria(cid:146), but rather in the need to prevent the independence of that institution from being
limited, to ensure that those structures are free from politics and that they can carry out their respective
duties fully and with complete transparency. Through the European Union, the Group of Five and
international
the international community is keeping up a dialogue with the
Government of Nicaragua with a view to bolstering the necessary independence of the institutions.

institutions,

financial

The EU will continue to follow closely the situation in Nicaragua, and in relation to its aid to the

5.
country will abide by the principles mentioned above and as set out in the Stockholm declaration.

(2000/C 303 E/096)

WRITTEN QUESTION E-2733/99

by Carlo Fatuzzo (PPE-DE) to the Council

(13 January 2000)

Subject: Italian law which discriminates against disabled persons over the age of 65

Article 13 of the Treaty of Amsterdam states that the Union is to combat all discrimination based on age.

Is the Council aware of the fact that Italian law (Article 19 of Law No 118 of 30 March 1971 and
subsequent amendments) provides for the granting of a life-long financial benefit for citizens who are

C 303 E/102

Official Journal of the European Communities

EN

24.10.2000

completely disabled and who apply for the benefit before the age of 65 but that the benefit is not payable
to those who, despite meeting all the other conditions for eligibility, apply for the benefit after the age of
65? Is it aware of the fact that Italian old people, despite meeting all the disability conditions required by
law, are discriminated against on the basis of their age when they apply for the benefit, a fact which has a
life-long impact on whether or not they receive the benefit?

Does the Council intend to ask Italy to repeal this law, as a matter of urgency?

Reply

(10/11 April 2000)

Article 13 of the EC Treaty empowers the Council to take appropriate action to combat discrimination
based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

The Commission has recently submitted to the Council a proposal for a Directive establishing a general
framework for equal treatment in employment and occupation. That proposal contains some provisions
concerning age-based discrimination. The question as to whether benefits of the kind referred to by the
Honourable Member are covered by the proposal for a Directive has not yet been resolved; the proposal is
currently under discussion in the Council(cid:146)s subordinate bodies and has therefore not yet been adopted.
Being a framework directive, it would in any case leave Member States some latitude over its implementa-
tion.

In any event, as the Honourable Member will be aware, it is not for the Council to have any national law
repealed. It is the Commission(cid:146)s role to watch over Member States(cid:146) compliance with Community law.

(2000/C 303 E/097)

WRITTEN QUESTION E-2737/99

by Michl Ebner (PPE-DE) to the Commission

(18 January 2000)

Subject: Unfair competition in the grape-based eau-de-vie sector

When diluted to less than 86 % volume raw alcohol produced from grapes can become, on the basis of a
broad interpretation of certain Community norms, eau-de-vie made from grapes which, once brought into
Italy, could be sold, albeit unlawfully, as grappa.

Eau-de-vie made from grapes produced in this way is considerably cheaper than grappa since raw alcohol
is eligible for a Community contribution of 140 000 lire per hectolitre compared with 78 000 lire for
grappa.

This difference of 62 000 lire constitutes an incentive to counterfeit this most Italian of eau-de-vie. Not
only does this lead to serious financial losses for producers but it also results in consumers being deceived.

Can the Commission say whether it intends to take steps to equalise the Community contribution for
grappa with that for raw alcohol, thereby removing the unfair competition in the grappa sector and
protecting consumers?

Answer given by Mr Fischler on behalf of the Commission

(14 February 2000)

The Commission has been informed of the use of raw alcohol in grappa production, contrary to the rules
in force.