WRITTEN QUESTION E-3603/00 by Cristiana Muscardini (UEN) and Gianfranco Fini (UEN) to the Commission. Social assistance the first step on the road to deportation.
Date: 2000-11-22
Institutions: European Parliament, Provisional data
Subjects: European social policy, Germany, Italy, removal, welfare

22.5.2001

EN

Official Journal of the European Communities

C 151 E/193

3.

4.

5.

demand for treatment by drug users;

drug-related deaths and mortality of drug users;

drug-related infectious diseases (HIV, hepatitis).

Can the Commission say what steps it intends to take for the adoption by the Council of these five
epidemiological indicators defined by the Centre, and specify the legal instruments it proposes to use for
that purpose?

(1) EU Action Plan on Drugs 2000-2004, 9283/00.

Answer given by Mr Vitorino on behalf of the Commission

(18 December 2000)

Article 2 of Regulation (EEC) No 302/93 on the establishment of a European Monitoring Centre for Drugs
and Drug Addiction (Emcdda), (1) as amended by Regulation (EC) No 2220/2000, states that the Emcdda is
to (cid:145)ensure improved comparability, objectivity and reliability of data at European level by establishing
indicators and common criteria of a non-binding nature, compliance with which may be recommended by
the Centre, with a view to greater uniformity of the measurement methods used by the Member States and
the Community(cid:146).

In view of the non-binding nature of the indicators established by the Emcdda, when the Santa Maria da
Feira European Council approved the Union(cid:146)s Action Plan on Drugs for 2000-2004 it urged (cid:145)Member
States, in cooperation with the European Monitoring Centre for Drugs and Drug Addiction (cid:133) to enhance
their efforts to provide reliable and comparable information on the key epidemiological indicators in order
to better evaluate the impact of drug-related issues(cid:146).

At its next Management Board meeting in January 2001, the Emcdda should present a progress report on
the work on epidemiological
indicators and the difficulties encountered in implementation at national
level.

On this basis, the Commission will consider whether it is appropriate to prepare a legal instrument or to
implement any other measure so that comparable, objective and reliable epidemiological data can be
collected.

(1) OJ L 36, 12.2.1993.

(2001/C 151 E/223)

WRITTEN QUESTION E-3603/00

by Cristiana Muscardini (UEN) and Gianfranco Fini (UEN) to the Commission

Subject: Social assistance the first step on the road to deportation

(22 November 2000)

The German Government is continuing to pursue a policy of summary expulsions, which is all the more
serious in view of the infringement proceedings being brought against Germany under Article 48 of the
Treaty and the fact that it is being applied to the most vulnerable sections of the community, such as
migrant workers from other EU countries who have become unemployed, or pensioners whose income is
less than DEM 1 200, and who are therefore eligible to receive social assistance.

The German Government(cid:146)s current practice, which disregards the right of freedom of movement and
freedom of establishment, clearly shows that if a citizen works and is productive (and pays tax) he is
accepted and protected, regardless of his country of origin; but if his presence is no longer convenient in
economic terms, he is rejected and, worse still, expelled from the country.

Yet another case of expulsion, reported by Mr Zoratto, a member of the Comites di Stoccarda (Stuttgart-
based migrant workers(cid:146)) council and the CGIE (general council of Italians abroad), involves a citizen from
the Veneto who has been living in Costanza since 1961 and, now that he is receiving social assistance, is
being denied his right of residence.

C 151 E/194

Official Journal of the European Communities

EN

22.5.2001

Would the Commission approach the German Government to ask it to halt the expulsion procedure in
this case?

Would the Commission urge the German authorities to raise the social assistance threshold and thus
prevent such frequent recourse to the expulsion procedure?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(9 January 2001)

The Commission is not aware of the specific situation concerning the Italian citizen from the Veneto
resident in Costanza mentioned by the Honourable Members. If the Honourable Members could provide
details of the case to the Commission, it could investigate further.

The Commission would refer the Honourable Members to its answer to Written Question P-3394/00 by
Mr Musumeci (1) and to its answer to their Written Questions E-3404/00, E-3405/00, E-3406/00 and
E-3408/00 (2) by Mr Cossutta for an explanation of Community law on the renewal and withdrawal of
residence permits as well as an explanation of the correspondence between the Commission and the
German authorities on this subject. This correspondence makes it clear that Germany accepts the
Commission(cid:146)s view that a migrant workers in receipt of social assistance may not, for that fact alone, be
expelled from the Member States.

(1) OJ C 136 E, 8.5.2001, p. 229.
(2) See p. 159.

(2001/C 151 E/224)

WRITTEN QUESTION P-3611/00

by Enrico Ferri (PPE-DE) to the Commission

(15 November 2000)

Subject: Implementation of Article 9 of Directive 79/409/EEC in Tuscany Regional Council Decision

No 184 of 27 September 2000

Does Tuscany Regional Council Decision No 184 of 27 September 2000 correctly implement Article 9 of
Directive 79/409/EEC (1) concerning derogations from the provisions on the conservation of wild birds?

The legal bases for that decision are, in addition to the above directive: Law No 157 of 11 February 1992;
the Prime Ministerial Decree of 21 March 1997; the Legislative Decree of 4 June 1997; and Tuscan
Regional Law No 70 of 11 August 1997. Pursuant to that legislative framework and owing to serious,
proven and duly documented damage to crops and harvests, the Tuscan regional authorities decided to
apply the provisions of Article 9 of the directive by providing for the slaughter, within clearly defined
limits, of swallows and tree swallows, which are among the species covered by the conservation
provisions.

(1) OJ L 103, 25.4.1979, p. 1.

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

(12 December 2000)

Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds sets out a system of wild
bird protection. In general the capture of wild bird species is prohibited. However, the system of wild bird
protection set out in the Directive allows for some derogations. Article 9 of the Directive lists the
requirements and conditions under which derogations to the provisions of the Directive are allowed.

1. Member states may derogate from the provisions of articles 5, 6, 7 and 8, where there is no
other satisfactory solution, for the following reasons: (a) in the interests of public health and safety, in
the interests of air safety, to prevent serious damage to crops, livestock, forests, fisheries and water, for