WRITTEN QUESTION E-2985/00 by Carlo Fatuzzo (PPE-DE) and Francesco Speroni (TDI) to the Commission. Obstacles to the free movement of persons.
Date: 2000-09-20
Institutions: European Parliament, Provisional data
Subjects: Community migration, EU Member State, EU national, disabled person, free movement of persons, residence, social-security benefit

18.4.2001

EN

Official Journal of the European Communities

C 113 E/225

In view of the often unduly optimistic statements made by individual Members of the Commission, the
Council and the European Central Bank (ECB), we call on the Council to issue an official response to the
problem explaining the economic, financial and monetary policy the European Union intends to adopt to
address the difficult situation of its currency and reverse its hitherto apparently inexorable decline.

Reply

(30 November 2000)

On 22 September 2000, the President of the Eurogroup issued the following statement:

As President of the Eurogroup, I have been informed by Wim Duisenberg, the President of the
European Central Bank, of the interventions to be implemented today by the monetary authorities of
the Euro area, the United States and Japan. This operation follows the position expressed by the
finance ministers of the Euro area in Versailles on 8 September and shared by the European Central
Bank and I fully approve it.

This statement was made in connection with the following statement made public on the same day by
the ECB:

On the initiative of the European Central Bank, the monetary authorities of the United States and
Japan joined with the European Central Bank in concerted intervention in exchange markets because
of their shared concern about the potential implications of recent movements in the euro exchange
rate for the world economy.

(2001/C 113 E/244)

WRITTEN QUESTION E-2985/00

by Carlo Fatuzzo (PPE-DE) and Francesco Speroni (TDI) to the Commission

Subject: Obstacles to the free movement of persons

(20 September 2000)

Regulation 1247/92 (1) prevents citizens of the Member States from receiving non-contributory old-age or
disability pensions if they move away from the countries of which they are nationals.

This often constitutes an insurmountable obstacle to a person(cid:146)s taking advantage of the right, enshrined in
Article 18 of the Treaty establishing the European Community, to reside freely within the territory of the
Member States.

Does the Commission intend to propose changes to Regulation 1247/92 to ensure that the provisions of
Article 18 are fully and effectively implemented in relation to citizens receiving the allowances and benefits
in question?

(1) OJ L 136, 19.5.1992, p. 1.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(30 October 2000)

At Community level, Regulation (EEC) No 1408/71 and its implementing Regulation (EEC) No 574/72 (1)
coordinate the different national social security schemes which, inter alia, enshrine the right to export
social security benefits throughout the European Union.

Council Regulation (EEC) No 1247/92 of 30 April 1992 amending Regulation (EEC) No 1408/71, to
which the Honourable Members refer,
introduced new rules which apply to special non-contributory
benefits intended either to provide supplementary, substitute or ancillary cover for the risks in question or
to ensure exclusive protection for the disabled (see Article 4(2a) of Regulation (EEC) No 1408/71).

C 113 E/226

Official Journal of the European Communities

EN

18.4.2001

These benefits come under the heading of both social security and social assistance by virtue of their
personal character, their purpose and their implementing arrangements and because they depend to a large
extent on the economic and social environment of the granting Member State and, consequently, on the
residence of the beneficiary.

Article 10a of Regulation (EEC) No 1408/71 therefore subjects such benefits, insofar as they are listed in
Annex IIa thereto, to special arrangements which derogate from the principle of exportability and allow
payment only in the Member State of residence.

As early as 4 November 1997, in its judgment in Case C-20/96 (Snares v. Adjudication Officer) (2), the
Court of Justice acknowledged the validity of the specific coordinating rules applicable to special non-
contributory benefits, particularly their non-exportability, in accordance with the provisions of the EC
Treaty.

At present, the Commission has no plans to amend Regulation (EEC) No 1247/92.

(1) Most recent consolidated version: Council Regulation (EC) No 118/97 of 2 December 1996 amending and updating
Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed
persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying
down the procedure for implementing Regulation (EEC) No 1408/71 (OJ L 28, 30.1.1997).

(2) ECR 1997, I-6057.

(2001/C 113 E/245)

WRITTEN QUESTION E-2989/00

by Daniela Raschhofer (NI) to the Council

(25 September 2000)

Subject: Habitats Directive 92/43/EEC

Since the expiry of the deadline for its transposition into national law, is Directive 92/43/EEC (1) on
1.
the conservation of natural habitats and of wild fauna and flora directly applicable where it has not been
properly transposed?

Is the protection scheme pursuant to Article 6 of the Directive already applicable to the areas

2.
referred to in the national lists?

How many sets of proceedings for treaty violations have been initiated against Austria in connection

3.
with this Directive, and how many have already been dropped?

4.

To which projects and areas did these relate?

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

Reply

(30 November 2000)

It is up to the judicial authorities of the Member States and ultimately to the Court of Justice of the EC to
determine the so-called direct effects of the provisions of a Directive such as those referred to in points 1
and 2 of the Honourable MEP(cid:146)s Question.

In relation to points 3 and 4 of the Question, it is recalled that pursuant to Article 211 TEC it is up to the
Commission to ensure that the provisions of the Treaty and the measures taken by the institutions
pursuant thereto are applied. Therefore these points might be better answered by the Commission, as
guardian of the Treaty. In this context the (cid:145)report on monitoring the application of Community law(cid:146),
prepared annually by the Commission, might also be of use.