WRITTEN QUESTION P-2721/01 by Jean Saint-Josse (EDD) to the Commission. Natura 2000 — Habitats Directive — France — rescission by court decision of the forwarding of lists of areas in France — consequences for the commitment of LIFE funds.
Date: 2001-09-26
Institutions: European Parliament, Provisional data
Subjects: EC Directive, EU programme, France, eligibility criteria, national law, protection of animal life, protection of plant life

4.4.2002

EN

Official Journal of the European Communities

C 81 E/203

Answer given by Mr Bolkestein on behalf of the Commission

(21 November 2001)

The matter raised by the Honourable Member concerns the recognition of foreign post graduate diplomas
in Greece. Apparently these diplomas are only recognized by the Greek authority responsible for academic
recognition (Dikatsa) when the applicants have graduated in certain Greek universities. They are not
recognised when applicants have graduated in the Selete school. The non-recognition appears to be
connected to the legal position of the Selete school in the national education system, as compared to other
Greek schools. Under Article 149 (ex Article 126) of the EC Treaty, each Member State is responsible for
the content of teaching and the organization of its own education system. This matter, therefore, does not
fall within the scope of Community law.

In this instance, there does not appear to be a breach of Council Directive 89/48/EEC of 21 December
1988 on a general system for the recognition of higher-education diplomas awarded on completion of
professional education and training of at least three years(cid:146) duration. The Directive has laid down a (cid:145)general
system(cid:146) for the recognition of qualifications to ensure access to regulated professions in the different
Member States. It seems, however, that in this instance there is no problem to gain access to the teaching
profession in Greece for those who have graduated from the Selete school. The recognition of
qualifications for purposes other than access to a regulated profession in a Member State does not fall
within the scope of the Directive.

(2002/C 81 E/243)

WRITTEN QUESTION P-2721/01

by Jean Saint-Josse (EDD) to the Commission

(26 September 2001)

Subject: Natura 2000 (cid:129) Habitats Directive (cid:129) France (cid:129) rescission by court decision of the forwarding of

lists of areas in France (cid:129) consequences for the commitment of LIFE funds

In France, the Council of State rescinded by a judgment of 27 September 1999 (case No 194648) the first
notification decisions by means of which the Minister of
the Environment had forwarded to the
Commission lists relating to 534 areas eligible for inclusion in the Natura 2000 network (decisions of
16 October, 3 December and 9 December 1997).

The Council of State has just, for the second time, penalised the Minister of Regional Development and the
Environment, by judgment of 22 June 2001 (case No 219995) because, despite his claims, he was unable
to prove that he had genuinely completed the whole of the consultation procedure required by French law
before information is forwarded to the European authorities.

The fresh decisions to forward information to the Commission have thus again been rescinded in the case
of the 534 areas in question.

France(cid:146)s Minister of the Environment is now compelled to restart his local consultation procedure from the
very beginning before forwarding any further information. This decision cannot
to have legal
consequences for the commitment of European funds, particularly under the LIFE programme.

fail

Of the 534 areas in question, which constitute the main areas in France, are any currently receiving
cofinancing under LIFE or could any of them be eligible for cofinancing from this European fund? What
action will the Commission take in response to the aforementioned decision by the Council of State as
regards the commitment of funds under LIFE for the areas which may be affected?

C 81 E/204

Official Journal of the European Communities

EN

4.4.2002

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

(19 October 2001)

According to information sent to the Commission, the Council of State(cid:146)s judgment of 27 September 1999
rescinded the notification of 534 sites proposed to the Commission for the Natura 2000 network by the
French authorities, on the grounds that the statutory consultation procedure had not been followed
properly. As yet, the Commission has received no official communication from the French authorities
regarding the situation.

It would therefore seem premature at this stage for the Commission to comment on the consequences the
aforementioned decision of the Council of State might have on the commitment of LIFE funds for any sites
affected by the rescission.

(2002/C 81 E/244)

WRITTEN QUESTION P-2722/01

by Yves Butel (EDD) to the Commission

(26 September 2001)

Subject: Natura 2000 (cid:129) Habitats Directive (cid:129) France (cid:129) rescission by court decision of the forwarding of

lists of areas in France (cid:129) impact on biogeographical seminars

In France, the Council of State rescinded by a judgment of 27 September 1999 (case No 194648) the first
notification decisions by means of which the Minister of
the Environment had forwarded to the
Commission lists relating to 534 areas eligible for inclusion in the Natura 2000 network (decisions of
16 October, 3 December and 9 December 1997).

The Council of State has just, for the second time, penalised the Minister of Regional Development and the
Environment, by judgment of 22 June 2001 (case No 219995) because, despite his claims, he was unable
to prove that he had genuinely completed the whole of the consultation procedure required by French law
before information is forwarded to the European authorities.

The fresh decisions to forward information to the Commission have thus again been rescinded in the case
of the 534 areas in question.

The Minister of Regional Development and the Environment is now compelled to restart the local
consultation procedure from the very beginning before again forwarding any information about the main
areas in France.

What action will the Commission take in response to this decision by the French supreme court as regards
the progress of the European procedure, particularly the holding and conclusions of biogeographical
seminars?

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

(19 October 2001)

According to information sent to the Commission, the Council of State(cid:146)s judgment of 27 September 1999
rescinded the notification of 534 sites proposed to the Commission for the Natura 2000 network by the
French authorities, on the grounds that the statutory consultation procedure had not been followed
properly. As yet, the Commission has received no official communication from the French authorities
regarding the situation.

At this stage, it would seem necessary to await the outcome of the new round of consultation on the list of
sites before commenting on the consequences of the Council of State(cid:146)s decision, particularly for the
holding and conclusions of biogeographical seminars.