WRITTEN QUESTION P-1827/00 by Raimon Obiols i Germà (PSE) to the Council. Algeria-EU Association agreement.
Date: 2000-06-05
Institutions: European Parliament, Provisional data
Subjects: Algeria, association agreement (EU)

6.3.2001

EN

Official Journal of the European Communities

C 72 E/125

The Commission subsequently launched an infringement procedure (94/4232) on two counts: distortion of
the common market by establishing a different tax base for national as opposed to Community purposes,
and the question of State aid in the event of the proceeds of the charge being reutilised.

Meanwhile, the Italian Government(cid:146)s adoption of legislative decree no. 22/1997 on waste abolished the
charge, but did not solve the problem of what to do with the sums that had already been paid but had not
been used because of the Commission(cid:146)s intervention.

In view of the fact that any legislation that infringes Community law must be repealed with retrospective
effect:

1. Could the Commission state whether it can take measures directly, and if so which, and whether it
intends to urge Italy to take measures, and if so which, with a view to recovering the sums paid?

2. Does the Commission consider that

it would be appropriate to provide compensation,

if only

indirectly, for farmers, the only sector really affected by the charge on polyethylene?

Joint answer
to Written Questions E-1816/00 and P-1989/00
given by Mr Bolkestein on behalf of the Commission

(13 July 2000)

The Commission confirms that the infringement proceedings initiated against Italy under Article 226
(formerly Article 169) of the EC Treaty for having introduced a special 10 % levy on the price of
unadulterated polyethylene have been shelved following the repeal of the law concerned.

The Court of Justice has consistently ruled that charges levied in breach of Community law must be
the repayment of sums wrongly collected is governed by the procedures and
refunded. However,
law, which may not be stricter than those applied in cases not involving
arrangements of national
Community law or make repayment excessively difficult or indeed impossible.

in accordance with the well-established case-law of the Court of

Similarly,
Justice, Community law
demands that the Member State responsible for imposing charges incompatible with that law compensate
those concerned for the injury caused by its action. Action for damages is likewise subject to the rules of
substance and procedure of national law.

The Commission will be contacting the Italian authorities to take stock of the situation.

(2001/C 72 E/158)

WRITTEN QUESTION P-1827/00

by Raimon Obiols i Germ(cid:224) (PSE) to the Council

(5 June 2000)

Subject: Algeria-EU Association agreement

After a prolonged period, the negotiations between the EU and Algeria aimed at concluding an association
agreement have entered a new phase. A new round of contacts has been launched both at a technical level,
by the Commission, and at a political level, by the Council. On 12 May, a meeting at ministerial level was
held by the Community (cid:145)troika(cid:146) in Lisbon chaired by the President-in-Office of the Council, Mr Jaime
Gama, in order to consider the state of Euro-Algerian relations. The meeting was preceded by a meeting at
diplomatic level.

The talks were meant to provide a new impetus to the political dialogue between the EU and Algeria, and
keep up the pace of negotiations, culminating in the conclusion of an association agreement satisfactory to
both parties.

C 72 E/126

Official Journal of the European Communities

EN

6.3.2001

In view of the talks with the Algerian authorities over the past few weeks:

(cid:129) What are the Council(cid:146)s guidelines and priorities as regards the political dialogue and the negotiation of

the Association Agreement with Algeria?

(cid:129) In the Council(cid:146)s opinion, what is the most realistic timetable for developing and achieving the

EU-Algeria Association Agreement?

Reply

(28 September 2000)

in
Since 1997, the Council has agreed to intensify political dialogue with Algeria at ministerial
Algiers as well as elsewhere, on the basis of the following guidelines: solidarity with the Algerian people,
condemnation of all forms of terrorism and excessive violence, full respect for fundamental freedoms,
human rights and democratic principles, support for political and economic reform and the negotiation of
a new Euro-Mediterranean association agreement. The first meeting took place on 26 November 1997
followed by meetings on 19 and 20 January 1998 in Algiers,
under the Luxembourg Presidency,
21 October 1998 in Vienna, 3 November 1999 in Algiers, and most recently on 12 May 2000 in Lisbon.
The French Presidency is planning to organise a similar political dialogue meeting in the second half of this
year.

level,

In all its contacts with the Algerian authorities, the Council points out that the fight against terrorism must
not serve as a pretext for human rights violations, and that any departure from this and any abuse should
be resisted. It is also convinced of the need for dialogue between the Government and the opposition. At
the last meeting in Lisbon on 12 May, the Presidency particularly stressed that the Council supported the
attempt at national reconciliation led by President Bouteflika and encouraged the economic and social
reform process and the promotion of democracy, human rights and fundamental freedoms. It expressed
the EU(cid:146)s concern about reports of detentions, extrajudicial arrests, torture and the fate of disappeared
persons, both from the Government and the opposition.

The Council welcomes the policy decision of the Algerian authorities to resume negotiations with a view
to an association agreement. The second negotiating session was held on 14 April 2000, and included a
the negotiations and significant progress as regards the chapter on economic
general overview of
cooperation. An informal session at technical
level will be held on 11 July in Algiers, and should be
followed by a formal session in Brussels this autumn. The Council hopes that these negotiations can
quickly end in the finalisation of the association agreement with Algeria, and will encourage the other
countries with which negotiations are under way, namely Syria and the Lebanon, to accelerate them.

(2001/C 72 E/159)

WRITTEN QUESTION P-1829/00

by Giorgio Celli (Verts/ALE) to the Commission

(31 May 2000)

Subject: Exploitation of Lake Trasimeno(cid:146)s water

Although Lake Trasimeno (near Perugia) is classed as a Site of Community Interest (SCI) and a Special
Protection Area (SPA) under Directives 79/409/EEC and 92/43/EEC, it is still being wrongly used as a basin
for irrigation water. Almost uniquely in Italy, its broad cane thickets harbour more than 200 species of
birds, and it boasts extremely rare plant species that have already disappeared from the majority of
wetlands.

The water depletion is caused, firstly, by the enormous volumes taken for water-hungry crops such as
maize, which have replaced traditional, more environmentally friendly agriculture and which receive large
sums of Community aid, and, secondly, by water taken for public waste supplies.

Will the Commission examine whether this form of industrial farming, supported by Community funds,
is not very much at odds with the need to safeguard this unique and irreplaceable habitat?