WRITTEN QUESTION P-1119/02 by Bartho Pronk (PPE-DE) to the Commission. Annex IIa to Article 10a of Regulation 1408/71.
Date: 2002-04-15
Institutions: European Parliament, Provisional data
Subjects: European Commission, citizens' Europe, dissemination of EU information, free movement of workers, interinstitutional relations (EU), operation of the Institutions, social-security benefit

C 205 E/254

Official Journal of the European Communities

EN

29.8.2002

(2002/C 205 E/283)

WRITTEN QUESTION P-1119/02

by Bartho Pronk (PPE-DE) to the Commission

(15 April 2002)

Subject: Annex IIa to Article 10a of Regulation 1408/71

On 31 July 2001 I asked a written question on the subject of Annex IIa to Article 10a of Regulation 1408/
71 (1) (Written Question E-2262/01 (2)).

In her answer to this question Commissioner Diamantopoulou stated her willingness to review all the
benefits listed in this annex with a view to establishing whether their inclusion was justified, in the light
inter alia of the Jauch and Leclere judgments handed down by the Court of Justice.

I have not so far received the results of this review. I was extremely surprised, therefore, when the
Netherlands Secretary of State for Social Affairs and Employment, Mr Hoogervorst, quoted from an alleged
analysis of the subject (Second Chamber, 2001-2002, 22187, No 23, p. 4).

This prompts me to ask the following questions:

: Has the promised review of the benefits listed in Annex IIa now been completed?

: Is so, how is it possible that the Secretary of State is already quoting from the review when Parliament

has not yet been notified of its outcome?

: If not, how can the Secretary of State have included the said quotation in the aforementioned letter to
the Second Chamber when there are as yet no results available? Have there been bilateral contacts on
the subject between the Commission and Mr Hoogervorst?

: When will the results of the investigation be sent to Parliament?

(1) OJ L 149, 5.7.1971, p. 2.
(2) OJ C 40 E, 14.2.2002, p. 229.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(8 May 2002)

The Commission confirms the answer it gave to written question E-2262/01 (1) in which it said that in the
light of recent case law of the Court of Justice, particularly the judgments handed down in the Jauch (2) and
Leclere (3) cases,
it is currently examining whether the benefits listed in Article 10(a) of Annex IIa of
Regulation (EEC) No 1408/71 (4) always meet the criteria laid down by the Court of Justice to justify their
non-exportability. On the basis of
to the
Community legislator a proposal that those benefits which it no longer considers justified be removed
from Annex IIa.

the Commission should be able to submit

this analysis,

With a view to providing due grounds for this proposal, the Commission has been in contact with
government experts in the various Member States, particularly the Netherlands, in order to discuss in detail
the characteristics of these benefits under national
in progress and the
Commission has not so far taken any decision on the precise content of the proposal which it plans to
adopt. There has been no formal contact between the Commission and Mr Hoogervorst on this subject.

law. These contacts are still

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The Commission hopes to present the proposal to the Parliament and the Council by September 2002 at
the latest.

Judgment of 8 March 2001, Jauch, C-215/99, ECR I-190.
Judgment of 31 May 2001, Leclere and Deaconescu, C-43/99, ECR I-4265.

(1) OJ C 40 E, 14.2.2002.
(2)
(3)
(4) Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to
employed persons and their families moving within the Community, OJ L 149, 5.7.1971. Regulation amended by
Council Regulation (CE) No 118/97 of 2 December 1996, OJ L 28, 30.1.1997.

(2002/C 205 E/284)

WRITTEN QUESTION P-1132/02

by Bart Staes (Verts/ALE) to the Commission

(15 April 2002)

Subject: Access to information about the STAR 21 talks

On 6 July 2001 the new Advisory Group STAR 21 met for the first time. Its purpose is to ascertain
whether the existing political and regulatory framework needs to be amended to enable the aerospace and
defence industries to remain competitive. The Advisory Group originally hoped to adopt recommendations
in around March 2002. Its tasks include reviewing procurement policy and cross-border trade in military
equipment.

STAR 21 includes no fewer than five European Commissioners and seven of the most prominent captains
of industry in the aerospace and defence industries.
It also includes two Members of the European
Parliament (not appointed by the European Parliament) and the High Representative for the Common
Foreign and Security Policy. There are no representatives of the civil sector or NGOs. Yet in many cases it
is left to NGOs to take care of victims of arms exports for which excessively lax controls on arms exports
are to blame. The view taken by the defence industry in this connection is all too clear: it wishes to secure
the elimination of as many barriers to exports as possible. The aerospace and defence industries do not
automatically serve the interests of Europe, but are primarily concerned with increasing the value of their
shares.

The results of the STAR 21 talks between senior representatives of the defence industry and Members of
the Commission will undoubtedly affect the future European security and defence policy. Yet they are
being held in comparative secrecy.

Will the Commission forward the reports of the STAR 21 Advisory Group to the European Parliament?

Can the Commission give a progress report on its work?

Why, when such an important area of policy is under debate, have no representatives of civil society been
invited to sit on the Advisory Group?

How will
procurement policy and cross-border trade in military equipment?

it seek the advice of NGOs on amendments to the political and regulatory framework for

Answer given by Mr Liikanen on behalf of the Commission

(6 May 2002)

The Commission has long recognised the importance of competitive aerospace and defence industries in
Europe as a key component in enabling the Union to realise its goals.