WRITTEN QUESTION E-0919/01 by Rosa Díez González (PSE) and María Sornosa Martínez (PSE) to the Commission. Implementation of the Annex to Decision 647/97 (Support for persons with HIV/AIDS and combating discrimination) in Spain.
Date: 2001-03-28
Institutions: European Parliament, Provisional data
Subjects: AIDS, Spain, application of EU law, competence of the Member States, disability insurance, health policy

4.12.2001

EN

Official Journal of the European Communities

C 340 E/123

Answer given by Mr Fischler on behalf of the Commission

(17 May 2001)

On 15 June 1994 the Commission, under Article 11 of Council Regulation (EEC) No 4253/88 of
19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards
coordination of the activities of the different Structural Funds between themselves and with the operations
of the European Investment Bank and the other existing financial instruments (1), as amended by Council
Regulation (EEC) No 2082/93 of 20 July 1993 (2), decided on the Leader II Community Initiative. On
19 June 1997 it approved the Leader II operational programme for the Objective 5(b) zones of the
Wallonia Region. The Community assistance approved was € 3 318 466.

Leader II is to be implemented as close to the ground as possible, with maximum involvement of local and
regional partners. This is why the Commission negotiates, in partnership with each Member State, the
content of the programmes drawn up by the regional authorities. Local action groups are then invited to
make their (cid:145)rural innovation programme(cid:146) proposals for inclusion in the regional programme adopted. The
selection of the LAGs is by a decision-taking partnership at regional level.

Chapter V Implementation of the Notice to Member States (3) for Leader II states that the Commission will
no longer participate directly in project and recipient selection. Thus it has no information on the actual
LAG projects within any operational programme.

This means that the Leader II Wallonia operational programme in the Commission(cid:146)s possession does not
the (cid:145)Olympic valley(cid:146) project. Sport-related projects are not
allow it
automatically ineligible but Annex I
investments in
to the Notice to Member States states that
infrastructure are ineligible except for very small-scale ones to be defined in partnership.

to confirm any financing of

On environmental impact, Council Directive 85/337/EEC of 27 June 1985 on assessment of the effects of
certain public and private projects on the environment (4), as amended by Council Directive 97/11/EC of
3 March 1997 (5), covers infrastructure projects, including urban development works (Annex II, point 10b).

The Commission will ask the responsible authorities for more information on the Val de Poix project and
any links it has with the (cid:145)Olympic valley(cid:146) project. This will be forwarded to the Honourable Member with
all speed.

(1) OJ L 374, 31.12.1988.
(2) OJ L 193, 31.7.1993.
(3) OJ C 180, 1.7.1994.
(4) OJ L 175, 5.7.1985.
(5) OJ L 73, 14.3.1997.

(2001/C 340 E/141)

WRITTEN QUESTION E-0919/01

by Rosa D(cid:237)ez GonzÆlez (PSE)
and Mar(cid:237)a Sornosa Mart(cid:237)nez (PSE) to the Commission

(28 March 2001)

Subject: Implementation of the Annex to Decision 647/97 (Support for persons with HIV/AIDS and

combating discrimination) in Spain

By means of a decree issued in March 2000, the Spanish Government considerably tightened up the
conditions for granting invalidity status to AIDS sufferers. As a result, over one hundred of the 11 000
HIV-positive recipients of an invalidity pension have already lost their entitlement to it.

C 340 E/124

Official Journal of the European Communities

EN

4.12.2001

Prior to the decree(cid:146)s entry into force, disability caused by AIDS was assessed solely on the basis of the
number of CD4 cells in the immune system and the opportunistic infections caught by sufferers. Since
March 2000 other factors have been taken into consideration, particularly the number of admissions to
hospital. Prior to the advent of combination therapies, the CD4 count rarely improved. This meant that
patients continued to be entitled to benefits since their degree of disability remained the same (1).

According to the Apoyo Positivo association, an AIDS support group,
the decision to change the
criteria for the recognition of disability and to include the requirement of a minimum number of
admissions to hospital per year represents a de facto tightening up of the conditions of eligibility for the
ESP 40 000 which are the sole income of many HIV-positive persons.

Given that the objectives of Decision 647/96/EC (2) adopting a programme of Community action on the
prevention of AIDS and certain other communicable diseases (currently in the process of being revised)
include (cid:145)support for persons with HIV/AIDS and combating discrimination(cid:146) (Article 1(3)(D)) and ensuring
that they (cid:145)are not discriminated against in any way(cid:146) (Annex), would the Commission state whether:

(cid:129) it would not agree that the measures set out in the new decree adopted by the Spanish Government

are contrary to the provisions of Decision 647/96/EC?

(cid:129) it is willing to contact the Spanish authorities with a view to looking into the specific issue of the

change in criteria for the granting of assistance to HIV-positive persons?

(1) Under the current provisions, patients with a CD4 count of less than 200 (category C3) have a 65 % degree of
disability and qualify for a pension. Conversely, patients with a CD4 count of over 500 (category C1) do not qualify
for any benefits at all.
(2) OJ L 95, 16.4.1996, p. 16.

Answer given by Mr Byrne on behalf of the Commission

(30 May 2001)

Decision No 647/96/EC of the Parliament and of the Council of 29 March 1996 adopting a programme of
Community action on the prevention of AIDS and certain other communicable diseases within the
framework for action in the field of public health (1996 to 2000) (1), encourages and promotes activities
aimed at avoiding discrimination against persons suffering from acquired immune deficiency syndrome
(AIDS).

Accordingly, the Commission supports relevant projects in this field providing a European added value. On
the other hand, the treatment and the criteria for the recognition of disability due to any illness are dealt
with at national level.

Consequently, the decision of the Spanish Government to change the criteria for the recognition of
disability and to include the requirement of a minimum number of admissions to hospital per year is not
contrary to the provisions of Decision No 647/96/EC. Therefore, the Commission does not intend to
contact the Spanish authorities with a view to looking into this specific issue.

(1) OJ L 95, 16.4.1996.

(2001/C 340 E/142)

WRITTEN QUESTION E-0922/01

by Reinhold Messner (Verts/ALE) to the Commission

(28 March 2001)

Subject: Pedemontana Lombarda

In its (cid:145)comprehensive transport plan(cid:146) the Italian Government has stated its intention of building the
(cid:145)Pedemontana Lombarda(cid:146) motorway to connect Varese to Como and Bergamo. The Lombardy adminis-
tration supports this plan, and by means of the agreement of 13 March 2000 began a process of
institutional negotiation with a view to establishing the project(cid:146)s specifications and route.