WRITTEN QUESTION E-0184/00 by Konstantinos Hatzidakis (PPE-DE) to the Commission. Failure of Greece to comply with Community legislation.
Date: 2000-01-31
Institutions: European Parliament, Provisional data
Subjects: Greece, infringement of EU law

C 280 E/196

Official Journal of the European Communities

EN

3.10.2000

Furthermore, the abolition of the VAT refund procedure under this proposal for a directive is to be
welcomed because the procedure is extremely costly in virtually all Member States and, in view of the
length of time it takes (cid:129) up to 5 years (cid:129) and the costs involved, it is having a damaging effect on the
economy of the Union.

What measures does the Commission intend to take to ensure that the changes to Directive 77/388/EEC (2)
proposed in COM(98) 377 final or the proposal for a regulation can be implemented rapidly?

Is the Commission thinking of bringing forward the second part of proposal COM(98) 377 final
concerning exclusions from the right of deduction, since what is involved is merely the modernisation
and uniform application of the existing VAT system, but in a way that will reduce distortions of
competition in the internal market?

(1) OJ C 219, 15.7.1998, p. 16.
(2) OJ L 145, 13.6.1977, p. 1.

Answer given by Mr Bolkestein on behalf of the Commission

(14 March 2000)

The proposal for a Council Directive amending Directive 77/388/EEC as regards the rules governing the
right to deduct value added tax, to which the Honourable Member refers, was sent to the Council by the
Commission for adoption on 17 June 1998. It could provide a genuine response to the problems raised.

Under Article 93 (ex-Article 99) of the EC Treaty, adoption of this proposal requires the Council(cid:146)s
unanimous agreement. The proposal is currently still on the table of a Council technical working party
and no agreement has yet been reached on its adoption.

The attempts to reach a compromise in the Council have the Commission(cid:146)s full support. Nevertheless, it
wishes to ensure that any compromise reached is in line with the aims of its proposal.

As the Honourable Member rightly points out, the proposal is in two parts: first, the approximation of
national rules relating to expenditure not eligible for a full deduction; and second, the introduction of a
cross-border right of deduction to replace the refund procedure laid down in the eighth Council Directive
79/1072/EEC of 6 December 1979 on the harmonisation of the laws of the Member States relating to
turnover taxes (cid:129) arrangements for the refund of value added tax to taxable persons not established in the
territory of the country (1).

The Commission considers both parts of the proposal of equal importance. The need for them to be
separated has not yet arisen in the course of the discussions in the Council.

(1) OJ L 331, 27.12.1979.

(2000/C 280 E/229)

WRITTEN QUESTION E-0184/00

by Konstantinos Hatzidakis (PPE-DE) to the Commission

Subject: Failure of Greece to comply with Community legislation

(31 January 2000)

According to the 1998 annual report on the harmonisation of the national legislation of the Member
States with Community legislation, Greece appears to have failed to comply with Community legislation in
241 cases. Will the Commission say, in respect of the situation in 1999, in how many instances Greece
failed to comply with Community legislation, what these cases were and what progress Greece has made as
regards the 241 cases of non-compliance in 1998?

3.10.2000

EN

Official Journal of the European Communities

C 280 E/197

Answer given by Mr Prodi on behalf of the Commission

(9 March 2000)

The Commission(cid:146)s annual report on the application of Community law lists all the proceedings initiated by
it against Member States under Article 226 (formerly 169) of the EC Treaty, either in reponse to a
complaint or on its own initiative, for failure to comply with Community law. As at 31 December 1998,
there were 241 infringement proceedings under way against Greece. As at 31 December 1999, the
number had risen to 259.

For further information on the nature of the infringements detected in the case of Greece in 1999, the
Honourable Member is referred to the 17th annual report, which is currently being drawn up and will be
sent to Parliament during the coming weeks.

(2000/C 280 E/230)

WRITTEN QUESTION E-0185/00

by Konstantinos Hatzidakis (PPE-DE) to the Commission

Subject: Failure of Greece to comply with Community Directive 92/43

(31 January 2000)

Under Judgment C-329/96 Greece has been found guilty of failing to transpose in good time Directive
92/43 (1) on the conservation of the natural habitats of wild fauna and flora. Will the Commission say
whether, following this ruling against Greece, the latter has complied with the Directive in question and, if
not, what measures it intends to take to ensure that Greek legislation is brought in line with Community
legislation?

(1) OJ L 206, 22.7.1992, p. 7.

Answer given gy Mrs Wallstr(cid:246)m on behalf of the Commission

(22 February 2000)

Acting on the judgment of the Court of Justice of 26 June 1997 (1), the Greek authorities notified the
Commission in January 1999 of
Joint Ministerial Decision No 33318/3028 of 11 December 1998
transposing into Greek Law Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural
habitats and of wild fauna and flora.

(1) Case C-329/96.

(2000/C 280 E/231)

WRITTEN QUESTION E-0192/00

by Raffaele Costa (PPE-DE) to the Commission

(31 January 2000)

Subject: Cellular phones and health risks

Over the past few months an increasingly large number of studies have produced extremely alarming
findings regarding the health risks caused by radiation emissions from cellular phones. Most recently,
research carried out by Swedish scientists found that even some cancerous growths and disorders in the
reproductive organs can often be attributed to the regular use of cellular phones and to the electro-
magnetic waves which they emit.

Mobile telephony has only recently come into widespread use and even today this market cannot be
considered to be fully developed, given that further quantitative and qualitative advances are still to be
expected such as UMTS technology, which in the near future is likely to combine mobile phone services
with the vast range of services available on the Internet network.