WRITTEN QUESTION E-3376/00 by Ursula Schleicher (PPE-DE) to the Commission. Positive list of medicinal products in Germany.
Date: 2000-11-03
Institutions: European Parliament, Provisional data
Subjects: Austria, Germany, application of EU law, health insurance, medicinal product

22.5.2001

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Official Journal of the European Communities

C 151 E/153

reinstatement in the Commission(cid:146)s budget of a budget line designed to help those in the European Union
who had suffered natural disasters such as earthquakes, fires, coastal erosion or landslides? Does it intend,
specifically, to prioritise the funding of psychological support measures for victims of disasters of this
kind?

Can the Commission state what consideration has been given to the issue of
consequences of hydrogeological disruption in at-risk areas?

the environmental

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

(4 December 2000)

The Commission deeply regrets the serious damage and loss of life that have tragically taken place in the
North-West of Italy.

As regards the coordination between the Member States and,
in particular, between the civil-defence
intervention teams in the Member States, the Commission would ask the Honourable Member to refer to
the proposal for a Council Decision of 27 September 2000 establishing a Commission mechanism for the
coordination of Civil Protection intervention in the event of emergencies (1).

Moreover the list of eligible regions covered by Structural-Fund objective No 1 has been settled for the
entire 2000-2006 period and can therefore not be altered.

On 27 July 2000 the Commission adopted a list of the Italian areas that are eligible under objective No 2
of said funds. That list is likewise valid up to 31 December 2006. However, in pursuance of Article 4(11)
of Council Regulation (EC) No 1260/99 of 21 June 1999 laying down general provisions on the Structural
Funds (2), the Commission, acting on a proposal from a Member State, may, where there is a serious crisis
in a region, amend a list of areas during 2003 without, however, increasing the total eligible population of
each region concerned. On this occasion account could indeed be taken of the particularly hard hit regions
and territories within Italy.

As regards the period beyond 2006, the Commission will, during January 2001, adopt the second report
on cohesion, which will launch the debate on the future of the Community(cid:146)s regional policy.

As the Commission explained to Parliament on 25 October 2000 (3), with regard to financial help for
affected areas and reinstating the budget line for emergency aid in the event of natural disasters: since there
are other possible means of Community support and in view of the financial and human resources
available, it considers that other types of action would require a higher priority at this stage.

Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and
private projects on the environment (4) amended by Council Directive 97/11/EC of 3 March 1997 (5), (cid:129) the
environmental impact assessment (EIA) Directive (cid:129) does not cover cases of natural catastrophes.

(1) COM(2000) 593 final.
(2) OJ L 161, 26.6.1999.
(3) Debates of the European Parliament (October 2000).
(4) OJ L 175, 5.7.1985.
(5) OJ L 73, 14.3.1997.

(2001/C 151 E/173)

WRITTEN QUESTION E-3376/00

by Ursula Schleicher (PPE-DE) to the Commission

Subject: Positive list of medicinal products in Germany

(3 November 2000)

Work is reportedly going on in Germany at present on drawing up a positive list of medicinal products.
German pharmaceutical manufacturers consider that, because of the Directive relating to the transparency
of measures regulating the pricing of medicinal products for human use and their inclusion in the scope of

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Official Journal of the European Communities

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22.5.2001

national health insurance systems (89/105/EEC) (1), the effective safeguarding of legal rights, which is a
requirement under that Directive, is no longer guaranteed in Germany.

1.

Does the Commission agree?

Is it true that, because of a similar case, the Commission launched Treaty infringement proceedings

2.
in autumn 1999 against Austria?

3.

Has the Commission been notified of the German plan, and what action does it propose to take?

(1) OJ L 40, 11.2.1989, p. 8.

Answer given by Mr Liikanen on behalf of the Commission

(18 December 2000)

Two complaints have been lodged with the Commission against Germany for an infringement of Council
Directive 89/105/EEC of 21 December 1988 relating to the transparency of measures regulating the
pricing of medicinal products for human use and their inclusion in the scope of national health insurance
systems. The Commission is presently examining the two complaints thoroughly. At the moment, the
Commission is not in a position to indicate whether it considers the German law on the reimbursement of
costs for medicinal products is contrary to the Directive.

It is correct that the Commission initiated in October 1999 infringement proceedings against Austria
under Article 226 (ex Article 169) of the EC Treaty. In these proceedings, which are now pending before
the Court of justice, it is alleged that Austria did not respect the obligations laid down in Directive 89/105/
EEC.

So far, Germany has not notified either the amendment of the relevant legal acts or the contents of the
(cid:145)positive list(cid:146). In the two complaints against Germany, however, the relevant legal provisions are indicated
and will be scrutinised within these infringement proceedings.

(2001/C 151 E/174)

WRITTEN QUESTION E-3381/00

by Concepci(cid:243) Ferrer (PPE-DE) to the Commission

(3 November 2000)

Subject: European Social Fund in Catalonia

Reports in the Spanish media indicate that, as a precautionary measure, the Commission has held back
€ 14 million from the European Social Fund earmarked for Catalonia. Since these reports appear to have
originated from Community sources, will the Commission specify the exact figure involved?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(5 January 2001)

In the framework of the partnership principle, and on the basis of documentation provided on one of the
promoters subject to judicial proceedings, in September 1999, the Commission made an initial estimate of
the amounts to be retained from the 1999 advances. For the moment, the judicial investigation concerns
operations undertaken in 1996, but a possible extension to the whole 1994-1999 programming period
might be envisaged. This provisional retention would have allowed payment of the advances pending.
However, the Member State rejected the Commission(cid:146)s proposal by letter of 27 October 1999. At that
stage, having deducted the amount blocked on the grounds of the state aid regulation, Council Regulation
(EC) no 994/98 of 7 May 1998 on the application of Articles 92 and 93 of the Treaty establishing the
Community to certain categories of horizontal state aid (1), the Catalan Region should have received € 14
million from the Commission for the 1999 first advances request. This is the figure that has been reported
by the press.