WRITTEN QUESTION E-1480/01 by Alexandros Alavanos (GUE/NGL) to the Commission. Increased risk of fires in Greece.
Date: 2001-05-18
Institutions: European Parliament, Provisional data
Subjects: Greece, environmental risk prevention, fire protection, natural hazard

11.12.2001

EN

Official Journal of the European Communities

C 350 E/167

Answer given by Mr Vitorino on behalf of the Commission

(21 June 2001)

The question asked leads to different solution depending on whether it is considered from a civil or from
a criminal point of view.

From the criminal point of view, it would first be necessary to examine whether the criminal pursuits
issued in the two Member States concern exactly the same case, in all of their components. It is very
possible that the two pursuits concern similar activities, taking place in two Member States at the same
time but with no real connections between their author. In this case, it is possible that pursuits would take
place in both Member States, but on different offences. If the offence is effectively the same, it will be up
to the person concerned to invoke the rule of (cid:145)non bis in idem(cid:146) before the pursuing authority or before the
court of the second Member State.

In order to escape these kind of difficulties, the Commission will issue a Communication before the end of
this year, on the rules of jurisdiction in criminal matters within the Union. At the same time, it will be the
responsibility of Eurojust, in its area of competence, to avoid that such situations of double pursuits will
occur.

As far as the question is related to civil and commercial proceedings, the crucial issue at stake is the force
of law that a judgment delivered in one Member State carries in another Member State.

the legal

issues raised are dealt with by the Brussels Convention on Jurisdiction and
At present,
Enforcement of Judgments in Civil and Commercial Matters (the Brussels I Regulation that enters into force
on 1 March 2002 is identical in substance in that respect). Article 26 of the Brussels Convention reads:

A judgment given in a Contracting State shall be recognized in the other Contracting States without
any special procedure being required.

Any interested party who raises the recognition of a judgment as the principal issue in a dispute may,
in accordance with the procedures provided for in sections 2 and 3 of this Title, apply for a decision
that the judgment be recognized.

If the outcome of proceedings in a court in a Contracting State depends on the determination of an
incidental question of recognition that court shall have jurisdiction over that question.

Since both the United Kingdom and Spain are Contracting States, the judgment delivered in the United
Kingdom should be recognized in Spain (unless one of the exceptions laid down in Article 27 of the
Convention applies) with the obvious implications for the current proceedings in Spain. The case would
have to be dismissed if the same cause of action between the same parties has already been finally decided
by the British courts (not knowing the particulars of the case it is, of course, not possible to assess if the
subject matter of procedures in Spain and the United Kingdom is identical). The defendant can bring up
the final decision by the courts of another Contracting State as a defense in these new proceedings.

(2001/C 350 E/179)

WRITTEN QUESTION E-1480/01

by Alexandros Alavanos (GUE/NGL) to the Commission

(18 May 2001)

Subject: Increased risk of fires in Greece

The prolonged drought in Greece is creating favourable conditions for outbreaks of forest fires and it is
expected that a high level of preparedness will be required to prevent and control them.

The report on the Community system of information on forest fires 1985-1997, published by the
the Greek emergency services were
Commission department
unprepared in certain respects to prevent and extinguish forest
fires (time between first alert and
intervention, average fire control time, average area burned in each fire, etc.). Furthermore, record damage
by fires was caused during the year 2000.

responsible for forests, revealed that

C 350 E/168

Official Journal of the European Communities

EN

11.12.2001

Can the Commission answer the following:

1. Are there any more recent data for Greece? What data can the Commission provide on the trend in

the above indicators for 1998-2000?

2. Can the Commission provide information on the measures and action taken by Greece to prevent

a recurrence of the devastation caused last summer?

3. Has the Commission been informed of any measures that Greece may have taken to increase its

preparedness to deal with the greater risks this summer?

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

(16 July 2001)

The Commission regrets the loss of human life and ecological and economic damage caused by forest fires,
including those which ravaged Greece last year. It has noted that the Greek authorities are determined to
take action to prevent forest fires breaking out in the future. Such action would include improving co-
operation between national services, fire-fighter training, establishing a centralised policy for all regions
and informing the public. This year the Greek authorities plan to hold a workshop as part of the
Community action programme in the field of civil protection (1). The main purpose of this meeting of
experts is to see how arrangements for controlling forest fires can be more effectively coordinated.

Unfortunately, Greece has not yet sent the Commission the relevant indicators for 1998-2000. The most
recent data available come from the satellite mapping of forest fires which extended over more than
50 hectares in the year 2000. The total figure for Greece is 106 000 hectares, i.e. 27 % of the total amount
of land burned in the five southern Member States of the Community.

To judge from the proposals in the Community Support Framework (CSF) 2000-2006, Greece plans to
take many structural measures (studies,
forest management plans, restoration work and preventive
measures), especially under regional programmes. Substantial financial resources will be allocated for these
activities, which will be accompanied by training and awareness-raising measures focusing on protection of
the forests and sustainable development.

In addition, on 3 May 2001, under Council Regulation (EEC) No 2158/92 of 23 July 1992 on protection
of the Community(cid:146)s forests against fire (2), the Commission approved a € 1,7 million programme presented
by Greece for 2001. Measures will include the construction of tracks, firebreaks and water supply points,
preventive forestry operations and monitoring.

(1) 1999/847/EC: Council Decision of 9 December 1999, establishing a Community action programme in the field of

civil protection (OJ L 327, 21.12.1999).

(2) OJ L 217, 31.7.1992.

(2001/C 350 E/180)

WRITTEN QUESTION E-1490/01

by Karl von Wogau (PPE-DE) to the Commission

(18 May 2001)

Subject: Equal treatment for schools in other Member States regarding tax deductibility

Article 10(1)(9) of the Income Tax Act states that, in the Federal Republic of Germany, thirty per cent of
the fee paid by a taxpayer for attendance by a child, in respect of which he receives child allowance or