WRITTEN QUESTION E-1228/03 by José Ribeiro e Castro (UEN) to the Commission. Floods in Mozambique.
Date: 2003-04-02
Institutions: European Parliament, Provisional data
Subjects: EU aid, Mozambique, World Food Programme, cooperation policy, cyclone, environmental risk prevention, flood, humanitarian aid, transport infrastructure, water management

20.3.2004

EN

Official Journal of the European Union

C 70 E/33

Answer given by Mr Kinnock on behalf of the Commission

(4 June 2003)

The Honourable Member refers to paragraph 28 of the judgement of 14 December 1995 in Case T-285/94
and states that
the issue raised by the plaintiff, Mr Pfloeschner was not considered by the Court.
His questions refer to paragraph 52 of the same judgement and he asks what disciplinary measures the
Commission will take in respect of an official who falsifies facts and involves a Commissioner in this. He
also asks when the system of the weightings will be abolished.

The Honourable Member appears to have inadvertently misinterpreted legal details which are very relevant
to the case.

It is true that the issue raised by the plaintiff was not considered by the Court: However, this is in no a
way decisive factor. The Court did not in any way reject Mr Pfloeschner’s argument, it merely did not have
to consider it since the case could be dealt with on the basis of the first argument, which was illegality of
Council regulation 2175/88. However, in considering that argument (cid:1) relating to Regulation 2175/88 (cid:1)
the Court expressly referred to the justification for the weighting factors, and the justification is equal
treatment under the explicit terms of the Staff Regulation. That was why the Commission referred to the
Pfloeschner case and why it continues to do so.

The Court’s reasoning in grounds 46-47 of the judgement is that Article 82 of the present Staff Regulations
only provides that the weighting factor should be 100 where no other factor had been fixed. However
those Regulations do not allow the Institutions to actually fix that factor as 100. This reasoning was based
not only on the textual analysis of Article 82, but also upon the purpose of the weighting factor. Ground
47 says ‘Such a weighting factor [i.e. equal to 100] amounts, in a case like this one, to non-application of
a weighting factor. It should be pointed out, in this connection, that the weighting factor is a means of
correcting salaries and payments, whose purpose is precisely that of ensuring equivalent purchasing power
for officials, whatever the country in which they are established’.

Equivalence of purchasing power is an expression of the fundamental principle of equal treatment.
The Commission’s reference to the Pfloeschner case was therefore entirely relevant, correct and accurate.
Neither the Commissioner appearing at Cocobu nor Parliament have been misled and no facts have been
falsified.

The Honourable Member will be aware that, in the context of the negotiations on the Reform of the Staff
Regulations, the issue of pension weightings has been the subject of much debate and,
indeed, their
non-discriminatory nature has been called into question. As a consequence of this, legal precedent and
political will do not (cid:1) for the time being (cid:1) coincide. The future of the weightings system will not be
legislation of proposals relating to the Staff Regulations, now before the
resolved with certainty until
Council, has been concluded.

The Commission is sure that the Honourable Member understands that, in referring to jurisprudence on
cases before the Court that have previously taken place, Commission officials are bound to reflect the legal
situation established or clarified by those cases. They are not legally or procedurally in a position to base
advice or action on speculation about what future political changes relating to pension rights and
allowances might or might not occur.

(2004/C 70 E/037)

WRITTEN QUESTION E-1228/03

by José Ribeiro e Castro (UEN) to the Commission

(2 April 2003)

Subject: Floods in Mozambique

According to media reports, since Mozambique was hit at the beginning of this month by Cyclone Japhet
the centre of the country has been afflicted by flooding, heavy rain and gale-force winds.

C 70 E/34

Official Journal of the European Union

EN

20.3.2004

The same sources state that several thousand people have been affected, notably by the overflowing of the
river Save. There have been reports, following the flooding of transport links, of communities being
effectively cut off and having to be airlifted food supplies under World Food Programme (WFP) auspices.

The humanitarian situation is critical, even more so since the communities affected had already been hit by
severe drought-induced food shortages.

Can the Commission state:

(cid:1) what information it has on the volume and effects of the flooding?

(cid:1) what measures has the Commission taken, or what measures does it intend to take, in support of the

communities affected?

Answer given by Mr Nielson on behalf of the Commission

(23 May 2003)

The Commission is aware that Mozambique has suffered severe adverse weather conditions in 2003, firstly
when Cyclone Delfina caused torrential rains in northern and central Mozambique during the first week of
January 2003, and secondly as a result of floods caused by Cyclone Japhet in central Mozambique in the
first week of March 2003. Effects of the flooding have included serious disruption to transport, power,
water and agricultural systems; damage to houses, schools and health centres; over 50 000 people affected
or displaced by the floods and 75 deaths. Inhabitants of villages close to the River Save, which burst its
banks on 11 March 2003, were especially vulnerable due to food shortages existing before the recent
floods, and because this area was affected by flooding in both 2000 and 2001.

The Commission responded swiftly to assist the flood victims, by means of food security and water
projects that it was already funding in the affected areas. These projects reoriented their activities rapidly in
favour of those in need as a result of the floods. Items which have been supplied include food, cooking
equipment, buckets, water treatment packages and plastic sheeting.

Moreover, staff responsible for the Community’s multi-annual food security programme (EUR 44 million)
are currently assessing the food security situation in central Mozambique, following a recent Call for
Proposals (EUR 10 million) under the food security budget line.

Close co-ordination with other relief organisations, such as World Food Programme, the Red Cross and the
Mozambique government’s National Disaster Management Institute (INGC), are an essential feature of flood
response. An important aspect of ongoing Community assistance is disaster preparedness implemented by
the National Institute of Meteorology with Commission financial support. This is extremely useful to the
Government in preparing for floods and similar events.

Concerning possible future actions,
Mozambique closely, ready to take further action if appropriate.

the Commission is monitoring the humanitarian situation in

(2004/C 70 E/038)

WRITTEN QUESTION E-1236/03

by Bart Staes (Verts/ALE) to the Commission

(2 April 2003)

Subject: Sale of PCs with preinstalled operating system

As numerous complaints from users testify, the great majority of PCs are now sold with the MS Windows
operating system preinstalled. That trading practice has reached the point where PCs with no operating
system preinstalled are virtually unobtainable without extra charge. Customers for such a machine not only