WRITTEN QUESTION E-1390/03 by Antonio Di Pietro (ELDR) to the Commission. Application of agreements on dual nationality by certain Länder of the Federal Republic of Germany.
Date: 2003-04-15
Institutions: European Parliament, Provisional data
Subjects: Baden-Württemberg, Bavaria, Germany, Italy, bilateral agreement, competence of the Member States, dual nationality, nationality, rights of aliens

6.2.2004

EN

Official Journal of the European Union

C 33 E/113

It should, however, be noted that the Commission currently is considering the question of pre-trial
detention and alternatives to such detention at a European level. This initiative is based on the Programme
of measures to implement the principle of mutual recognition of decisions in criminal matters (1) (in
particular measures 9 and 10). A Green Paper on this issue will be published later in 2003.

On 19 February 2003, the Commission also published a Green Paper on Procedural Safeguards for
Suspects and Defendants in Criminal Proceedings throughout the Union (2). The Green Paper on Procedural
Safeguards focuses on the right to legal assistance and representation, the right to a competent, qualified
interpreter and/or translator, proper protection for especially vulnerable categories, consular assistance and
the knowledge of the existence of rights (‘letter of rights’).

(1) OJ C 12, 15.1.2001.
(2) COM(2003) 75 final.

(2004/C 33 E/113)

WRITTEN QUESTION E-1390/03

by Antonio Di Pietro (ELDR) to the Commission

(15 April 2003)

Subject: Application of agreements on dual nationality by certain Länder of the Federal Republic of

Germany

The EU treaty provides for the existence of European citizenship.

On 19 September 2001, the Government of the Federal Republic of Germany signed the European
Convention on Nationality of 6 November 1997, and decided to withdraw from the Convention on the
Reduction of Cases of Multiple Nationality and on Military Obligations in Cases of Multiple Nationality of
6 May 1963.

The Act amending the German Nationality Act (Gesetz zur Reform des Staatsangehörigkeitsrechts) of
15 July 1999, which came into force on 1 January 2000, states that the granting of dual nationality to EU
citizens resident in Germany must be subordinate to the principle of reciprocity.

On 25 May 2002, a ministerial decree of the Italian Republic stated that EU citizens may acquire Italian
nationality without forfeiting their own citizenship, and vice versa, thereby fulfilling the conditions of
reciprocity set out in the German legislation.

Following a bilateral agreement between Italy and Germany of 22 December 2002, the arrangement
referred to in Article 87 (2) of the amended German Nationality Act became applicable, making it possible
for Italians living in Germany who satisfy certain conditions to apply for German citizenship without
having to give up their Italian citizenship. The Länder of Bavaria and Baden-Württemberg have, however,
interpreted the legislation restrictively, despite the reciprocity requirements that exist between Italy and
Germany, as the Italian measure is not a law, but simply an administrative act.

In light of this information, what steps does the Commission intend to take to safeguard the rights of
Italian citizens resident in these Länder and to standardise the rules governing nationality at European level
in such a way as to resolve at the outset any judicial and political conflict that may arise between Member
States in this area?

Answer given by Mr Vitorino on behalf of the Commission

(15 May 2003)

The Commission would point out that the issues relating to double nationality and nationality laws raised
by the Honourable Member are matters falling under the competence of Member States. This is confirmed
by the Declaration on nationality of a Member State appended to the Treaty of Maastricht, which states

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6.2.2004

that the nationality of Member States is entirely a matter for the Member States concerned. It does not fall
under the competence of the Union.
It is therefore for each Member State, having due regard to
Community law, to lay down the conditions for the acquisition and loss of nationality (1), including rules
concerning double nationality.

In these circumstances, the Commission is not able to take any initiatives relating to the subject matter.

(1) See judgement of the European Court of Justice in case C-369/90 Micheletti of 7.7.1992, ECR 1992, p. I-4239.

(2004/C 33 E/114)

WRITTEN QUESTION P-1404/03

by Luigi Vinci (GUE/NGL) to the Commission

(11 April 2003)

Subject: Protection of Sites of Community Importance (SCIs) and Special Protection Areas (SPAs)

in

Basilicata (Italy) with reference to the habitats (92/43/EEC) and birds (79/409/EEC) directives

The Foce Bradano (IT9220090), Costa Jonica Foce Basento (IT9220085), Costa Jonica Foce Cavone
(IT9220095) and Costa Jonica Foce Agri (IT9220080) SCIs and the Bosco Pantano di Policoro and Costa
Jonica Foce Sinni SPAs are under serious threat from plans to build tourist facilities behind or inside them.

It is essential to protect these areas both to safeguard biodiversity, natural habitats and the breeding
grounds of the sea turtle (caretta caretta) and the otter (lutra lutra) as well as other animals listed in Annex
II to Directive 92/43/EEC (1) and because of the presence of various species of migratory birds included in
Annex I to Directive 74/409/EEC (2).

In 2002, following the lodging of complaints to the Commission Nos 2002/4799, SG (2002) A/7425 and
2002/4800, SG (2002) A/6930/2 by the Italian League for the Protection of Birds (LIPU) and the Costa
Jonica Protection Committee, the Italian Ministry for the Environment asked the Basilicata regional
authorities to obtain the documentation required to prevent the opening of infringement proceedings
against the Italian State for breach of the above directives.

The construction of the tourist facilities, which in some cases is already in progress, should, under the
current rules, be preceded by an environmental impact assessment (EIA). To date, however, the findings of
only one EIA have been submitted.

On 14 January 2003 the Council of State suspended the enforcement of ruling No 801/2002 of the
Basilicata regional administrative court, upholding LIPU’s appeal against one of the construction projects,
thus authorising the resumption of work even in the absence of EIAs, which are compulsory for SCIs and
SPAs coming within the Natura 2000 network.

SCI IT9220095 and SPA IT9220055 are covered by Community environmental protection projects: the
former by an Envireg Community Initiative for the depollution and rehabilitation of the coastline at the
mouth of the River Cavone, and the latter by a LIFE-Nature project managed by the ENEA (Italian agency
for new technologies, energy and the environment), the Lazio regional authorities and the Basilicata
regional authorities.

Given the above, how does the Commission intend to go about putting an end to breaches of Community
directives and ensuring the effectiveness of Community environmental projects and initiatives cofinanced
by the EU?

(1) OJ L 206, 22.7.1992, p. 7.
(2) OJ L 103, 25.4.1979, p. 1.