WRITTEN QUESTION E-0667/02 by Konstantinos Hatzidakis (PPE-DE) to the Commission. Breach of Community law by the University of Pavia in Italy.
Date: 2002-03-08
Institutions: European Parliament, Provisional data
Subjects: EU national, Greece, Lombardy, free movement of persons, infringement of EU law, residence permit, student, university

6.2.2003

EN

Official Journal of the European Union

C 28 E/41

has been provided and almost totally disbursed. EUR 10 million has been provided to UNTAET (cid:1) the
transitional administration of East Timor before independence. Over EUR 56 million have been pledged to
the World Bank-managed Trust Fund for the reconstruction of East Timor (TFET) (cid:1) of which some 80 % is
already disbursed to TFET. EUR 3,5 million has been provided for ongoing electoral and technical
assistance. And a further EUR 17 million is available in 2002 for development projects. These totals do not
include the EUR 6 million provided for East Timorese refugees returning from West Timor.

The Honourable Member is right to ask about the effective disbursement and implementation of such large
sums. In allocating future funds and implementing available commitments, it is necessary to take account
of the limited capacity of East Timor to absorb further large financial inputs effectively. The Commission
understands from World Bank reports that some US$ 90 million of the US$ 167 million that have been
pledged to the Trust Fund for East Timor for its reconstruction and rehabilitation still remain to be
disbursed from TFET during the three years 2002, 2003 and 2004, (cid:1) although the Commission and other
donors have paid in funds in good time. By February 2002 TFET had received US$ 155 million paid in
from all the donors. Hence from these balances during 2003 and 2004 East Timor will still be benefiting
from significant TFET aid disbursements up until 2004 when its own oil revenues begin to come on
stream in significant volumes.

The Commission agrees with the Honourable Member that it is necessary to have thorough budgetary
justifications for future allocations to East Timor, in particular if they risk not being spent effectively in the
period. This is particularly fine in view of the very limited overall Community aid for Asia -when
compared to the needs of the over 800 million Asians still living on less than $1 per day. East Timor’s
needs must compete with many other similarly poor populations, some whom, such as Afghanistan, are in
similarly difficult, emergency situations and reconstruction phases, just as East Timor was in 1999-2002.

That being said, the Commission has recognised the special case of East Timor and this is reflected in the
draft country strategy paper currently under discussion with Member states. The Commission has
programmed EUR 10 million as an indicative allocation for 2003, and EUR 8 million in 2004. These
amounts represent a generous per capita allocation for each East Timorese (EUR 12,5 in 2003 and EUR 10
in 2004). Populations in other countries as poor, or even poorer, than East Timor will be receiving
considerably less per capita (e.g. Vietnam, Laos, Cambodia, Nepal). And none of these other countries has
the large offshore oil revenues that East Timor expects to receive from 2004 onwards.

Finally, the Honourable Member asks about the significant reductions planed in 2003. Such an unusual
reduction reflects the unusually large Community budgetary allocations for East Timor in 1999-2002.
Since other Asian countries have not benefited from such a significant and sustained allocation in response
to a crisis, there are not comparisons.

(2003/C 28 E/046)

WRITTEN QUESTION E-0667/02

by Konstantinos Hatzidakis (PPE-DE) to the Commission

(8 March 2002)

Subject: Breach of Community law by the University of Pavia in Italy

The University of Pavia in Italy requires Greek students wishing to re-enrol on its courses to have a
residence permit, which is contrary to Community law and the principle of freedom of movement between
the Member States.

What steps will the Commission take to enforce Community law in this case?

C 28 E/42

Official Journal of the European Union

EN

6.2.2003

Reply given by Mr Vitorino on behalf of the Commission

(25 April 2002)

Under Council Directive 93/96/EEC of 29 October 1993 on the right of residence for students, the
Member States grant this right to all students who are nationals of a Member State and, in addition to
meeting other conditions, are enrolled at an approved institution for the main purpose of taking a
vocational training course.

Such students’ right of residence is attested by a residence permit which may cover the duration of the
course only or one year if the latter exceeds one year in length, in which case the permit must be renewed
annually. Under Article 5b(3) of
legislative decree No 358 of 2 August 1999, which transposes
Directive 93/96 into Italian law, students’ residence permits are valid for the duration of their courses
only. Under this legislation, Greek students at the University of Pavia are entitled to be issued with a
residence permit for the duration of their courses.

If, despite this, a student’s residence permit has expired, the Italian authorities can require him or her to
produce evidence of university enrolment before renewing the residence permit. Conversely, the University
of Pavia cannot under any circumstances require students to produce their residence permits as a condition
for re-enrolment.

If it were confirmed that the University of Pavia engages in this practice, it would be contrary to Directive
93/96 for the above-mentioned reasons.

The Commission will contact the Italian authorities to clarify the matter.

(2003/C 28 E/047)

WRITTEN QUESTION E-0681/02

by Caroline Jackson (PPE-DE)
and Phillip Whitehead (PSE) to the Commission

(11 March 2002)

Subject: Air passenger safety on Virgin Express flights and seat pitch regulations

Experience of flying between Brussels and London Heathrow using Virgin Express has brought to light the
fact that the rows of seating on the aircraft used are placed so close together that it is not possible for
passengers to adopt the ‘brace’ position in the event of an emergency. Since the aircraft are registered in
Belgium, and therefore regulated by the International Civil Aviation Organisation, Virgin Express is not
legally required to provide a specific minimum space between each seat. However, the present seating
Is the
arrangements clearly compromise the safety of European air passengers using these flights.
Commission aware of the situation?

Does the Commission intend to introduce EU-wide regulations to increase the standard seat pitch
following the conclusions of a recent study commissioned by the Joint Aviation Authorities, which found
that it should be lengthened in view of the increase in the height and weight of the population?

Answer given by Mrs de Palacio on behalf of the Commission

(25 April 2002)

Aeroplanes are certified by the Member States according to safety standard JAR-25 of the Joint Aviation
Authorities (JAA), whose application is mandatory in the Community through Council Regulation (EEC)
No 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative
procedures in the field of civil aviation (1). JAR-25 itself complies with the requirements of Annex 8 of the
Convention on International Civil Aviation, and is largely harmonised with its American counterpart
FAR-25 of the Amercian Federal Aviation Administration.