WRITTEN QUESTION E-1756/01 by Ilda Figueiredo (GUE/NGL) to the Commission. Floods in Portugal.
Date: 2001-06-15
Institutions: European Parliament, Provisional data
Subjects: EU aid, EU programme, Portugal, Structural Funds, application of EU law, financial aid, flood

18.4.2002

EN

Official Journal of the European Communities

C 93 E/25

(cid:1) promote a European qualification area, i.e. to enable those concerned to report on the qualifications
obtained and the experience acquired in the host State to the relevant authorities, particularly the
academic and professional authorities in their home State (measure I.1.d, applicable to all target
groups).

In the follow-up to the implementation of these measures, the Commission plans to use the means it has
available, specifically the group of experts to be set up after the Recommendation has been adopted. This
group of experts would be chaired by the Commission; those involved would be the people responsible at
national
level for coordinating the implementation of the measures contained in the two texts. The
Commission plans to help them with this and to take note of the work done and progress made by the
Member States, by means of the analytical report and on the basis of the Member States’ biennial reports,
which the Commission will submit to the institutions.

In addition, the European Council, as agreed at the Nice European Council in December 2000, will then
take stock of the situation every two years.

The national authorities (administrative and judicial) are also obliged to apply Article 39 (ex Article 48) of
the EC Treaty where a teacher has exercised his or her right to freedom of movement for workers.

Justice has already ruled in four cases concerning the issue of

The Court of
taking into account
professional experience and seniority gained in public service in a Member State when entering
employment in the public service of another Member State (2). Consequently, the Commission feels that
the principle of equal treatment for Community workers, as set out in Article 39 of the EC Treaty and in
Article 7 of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement
for workers within the Community (3), must be interpreted to mean that periods of employment in a
comparable area of activity in the public sector in another Member State must be taken into account by a
Member State’s administration under the same conditions as experience gained in its own public sector.

The issues related to this problem, for example the correct application of the jurisprudence of the Court of
Justice, are complex; they are being examined and are the subject of lengthy discussions between the
Member States and the Commission. The Commission has initiated infringement proceedings against
several Member States. It is also involved in the work of the Mobility Group (working group set up by the
Directors-General for public administration), which deals with legal obstacles to the free movement of
workers in the public sector, including problems related to recognition of professional experience and
seniority. Lastly, the Commission plans to publish a Communication in 2002 on freedom of movement for
workers in the public sector, which will deal with the problems related to recognition of professional
experience and seniority.

(1) OJ C 70, 2.3.2001.
(2)

Judgment of 23.04.94 in Case C-419/92 Scholz [1994] ECR I-0505; Judgment of 15.01.98 in Case C-15/96
Schöning [1998] ECR I-0047; Judgment of 12.03.98 in Case C-187/96 Commission v Greece [1998] ECR I-1095;
Judgment of 30.11.2000 in Case C-195/98 Österreichischer Gewerkschaftsbund.

(3) OJ L 257, 19.10.1968.

(2002/C 93 E/027)

WRITTEN QUESTION E-1756/01

by Ilda Figueiredo (GUE/NGL) to the Commission

(15 June 2001)

Subject: Floods in Portugal

In the wake of the severe weather conditions which affected Portugal, especially in the northern and
central regions and above all during the weekend of 26-28 January 2001, when lives were lost and
substantial material damage occurred to the sum of several score billion escudos, Parliament adopted a
resolution on 15 February 2001.

In this resolution, Parliament called on the Commission, ‘in collaboration with the Portuguese Government
and the local authorities, to provide exceptional financial aid to supplement the funds made available by
the authorities in Portugal to tackle the urgent requirements of the worst-hit local populations, rebuild the
infrastructures which have been destroyed and help economic activity to recover’.

C 93 E/26

Official Journal of the European Communities

EN

18.4.2002

In this connection, can the Commission provide information on the amount allocated under the heading
of this exceptional aid, its execution level, its budgetary origin and the conditions agreed?

Answer given by Mr Barnier on behalf of the Commission

(11 September 2001)

The Commission is very aware of the social, economic and environmental consequences of the severe
floods that struck Portugal in January 2001.

It is unable to grant exceptional financial assistance because the specific budget heading for emergency aid
to cope with natural disasters in the Member States was deleted by Parliament
in 1997. About
EUR 5 million was allocated annually to that heading. The Commission must therefore use the instruments
available, in particular under the regional policy, to provide disaster-stricken regions with the aid they need
for rebuilding.

Portugal falls entirely within Structural Funds Objective 1 and has been allocated EUR 20.5 billion for
2000-06. As they are responsible for managing Portugal’s various Objective 1 operational programmes
(OP), the Portuguese authorities can decide to part-finance infrastructure and development projects for the
production sectors affected, provided that they meet the programme’s objectives, are eligible under the
Structural Funds and comply with the regulations in force.

In this connection, the OP for agriculture and rural development approved by the Commission on
30 October 2000 makes provision for a measure for prevention and the rebuilding of agricultural
development potential; no funds were initially allocated to that measure given the unpredictability of such
events. As a result of the floods in question, the Portuguese authorities proposed that the Monitoring
Committee for the programme allot EUR 25 million to the measure by deducting an equivalent amount
from the funds for support for agricultural holdings under the same programme; this was approved by the
Monitoring Committee at its meeting of 7 May 2001. The change could be made under the existing
arrangements for flexibility since it involved financial transfers between measures within the same priority.

Lastly, Article 87(2)(b) (ex Article 92) of the EC Treaty states that aid granted by the Member States to
make good damage caused by natural disasters is compatible with the Treaty. The Commission will give
urgent attention to notifications from the Portuguese authorities. Any decision to allocate aid or not,
however, is for the Portuguese alone to take.

(2002/C 93 E/028)

WRITTEN QUESTION P-1760/01

by Antonios Trakatellis (PPE-DE) to the Commission

(12 June 2001)

Subject: Environmental

legislation:

implementation of Court of Justice judgment in case C-387/97 and

payment of a financial penalty by the Greek authorities

In its judgment of 4 July 2000 (C-387/97), the Court of Justice ordered the Hellenic Republic to pay a
daily penalty of 20 000 euro for each day of delay in implementing the measures necessary to comply with
its judgment of 7 April 1992 (C-45/91 Commission v Greece) owing to its failure to take the necessary
measures to dispose of solid waste in the area of Chania without endangering human health and without
harming the environment, and for its failure to implement all the measures necessary to execute the
judgment.

According to the Commission, 4 780 000 euro of the total penalty of 5 400 000 billion euro was paid
between the date of publication of the judgment (4 July 2000) and 20 May 2001, and although the ‘fine’
continues to be paid into the Union’s own resources, the Greek authorities claim that they have taken all
the measures necessary to comply with the judgment.