WRITTEN QUESTION E-2989/00 by Daniela Raschhofer (NI) to the Council. Habitats Directive 92/43/EEC.
Date: 2000-09-25
Institutions: European Parliament, Provisional data
Subjects: EC Directive, EU control, European Commission, application of EU law, national implementing measure, protection of animal life, protection of plant life

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.