WRITTEN QUESTION E-0690/04 by Stavros Xarchakos (PPE-DE) to the Commission. Complaints about the infringement of the property rights of building cooperatives in Greece.
Date: 2004-03-09
Institutions: European Parliament, Provisional data
Subjects: Greece, citizen-authority relations, cooperative, ownership, property development, real property

3.4.2004

EN

Official Journal of the European Union

C 84 E/843

Answer given by Mr Bolkestein on behalf of the Commission

(23 April 2004)

The Commission informs the Honourable Member that Article 9.2 of Directive 2003/41/EC (1) provides
that:
in accordance with the principle of subsidiarity and taking due account of the scale of pension
benefits offered by the social-security regimes, Member States may provide that the option of longevity and
disability cover, provision for surviving dependants and a guarantee of repayment of contributions as
additional benefits be offered to members, if employers and employees, or their respective representatives
so agree.

In the case where a Member State would require this option to be offered in accordance with the principle
of subsidiarity and taking due account of the scale of pension benefits offered by the social-security
regimes, an institution for occupational retirement provision may provide services in that Member State in
accordance with Article 20 of Directive 2003/41/EC, provided it respects this provision.

(1) Directive 2003/41/EC of the Parliament and of the Council of 3 June 2003 on the activities and supervision of

institutions for occupational retirement provision, OJ L 235, 23.9.2003.

(2004/C 84 E/0936)

WRITTEN QUESTION E-0690/04

by Stavros Xarchakos (PPE-DE) to the Commission

(9 March 2004)

Subject: Complaints about the infringement of the property rights of building cooperatives in Greece

The right to property is guaranteed under Community law. However, according to repeated complaints by
many Greek building cooperatives and the Panhellenic Union of Building Cooperatives (representing
500 000 members) the Greek authorities are continuing to obstruct the development of the property of
these cooperatives, despite the fact that they are officially recognised by the Greek State and that the Greek
courts have repeatedly ruled in their favour.

for instance,

The machinations of Mrs Papandreou, the Minister for the Environment, Regional Planning and Public
Works, have been the subject of particularly vigorous protests (petitions have even been submitted to the
European Parliament’s Committee on Petitions on this subject): she even drew up a presidential decree in
February 2003 which essentially ties down the property of many officially recognised building
the
cooperatives,
healthcare cooperative ‘Health’ with 4 050 members, etc. These cooperatives complain that, although their
property is clearly outside woodland and the surrounding plots have been (cid:1) legally or otherwise (cid:1)
subjected to very intensive development (as evidenced by aerial photographs in the possession of the Greek
State), the Ministry of the Environment, Regional Planning and Public Works is unjustifiably obstructing
the development of their property in a way which (cid:1) according to their complaints (cid:1) is selective and is
targeting them only.

the Association of Bank of Greece Employees with 3 500 members,

It should be pointed out that these cooperatives have been officially recognised by the State for almost
their members have already died having paid enormous amounts in
40 years and that many of
contributions for years, but because of the obstructionism of the Greek authorities none of the members of
these cooperatives have yet acquired the share of land to which they are entitled.

How can the thousands of citizens concerned be protected from these machinations of the Greek
authorities? How can the Commission intervene effectively without delay so as to make the Ministry for
the Environment, Regional Planning and Public Works and the Greek authorities aware that they are
harassing thousands of Greeks unfairly and without any justification? What sanctions can be imposed on a
Member State which continuously obstructs the development of
legitimate
property of thousands of European citizens?

the officially recognised,

C 84 E/844

Official Journal of the European Union

EN

3.4.2004

Answer given by Mr Vitorino on behalf of the Commission

(27 April 2004)

The Commission would note that the obstacles to the exercise of property rights to which the Honourable
Member refers and for which the Greek authorities are responsible have no apparent link with Community
law. Thus, the Commission is not empowered to take action in this case. It would be otherwise only if
these measures were an obstacle to residence in Greece by Union citizens. However, the Commission does
not have any evidence that this is the case.

(2004/C 84 E/0937)

WRITTEN QUESTION E-0692/04

by Marco Cappato (NI) to the Commission

(9 March 2004)

Subject: Invasion of privacy at the World Summit on the Information Society (WSIS)

According to information obtained from the Commission, it would appear that at the 10/12 December
2003 Geneva World Summit on the Information Society, badges fitted with radio-frequency microchips
(RFID technology) were used in order to control access to certain restricted areas.

In its reply to question P-4002/03 (1) the Commission (in the person of Mr Liikanen, Commissioner) states
that it will undertake ‘to obtain further information in order to ascertain whether (and, if so, how) RFID-
based applications were used in connection with personal data transferred from the European Union, with
a view to assessing the legitimacy (cid:1) in the light of Community law (cid:1) of the way in which the data were
processed.’

Has the Commission pursued its investigations and,
concerning the use of RFID technology by the organisers of the WSIS and the Swiss Government?

if so, what further information has it obtained

Has the Commission launched a study into the legitimacy (cid:1) in the light of Community law (cid:1) of the way
in which the WSIS organisers processed the data?

What information does the Commission hold concerning the transfer to third countries of the data
gathered in the course of the WSIS, with particular reference to the fact that the second stage of the WSIS
will be held in Tunisia in November 2005?

(1) See page 129.

Answer given by Mr Liikanen on behalf of the Commission

(15 April 2004)

As announced in the response given to the Honourable Member’s written question P-4002/03 on the same
subject, the Commission has enquired informally with the Swiss authorities regarding the use of RFID-
based technology at the World Summit on Information Society (WSIS).

The Commission was informed that the International Telecommunication Union (ITU) as the supporting
United Nations (UN) agency for the WSIS was responsible for the organisation of security measures at the
Summit.

The Commission has therefore sent a letter on 17 March 2004 to the Secretary-General of the ITU seeking
further information on whether and how RFID-based applications were used in relation to personal data
transferred from the EU, in order to assess the legality of the processing under EU law, and has also asked
for an appreciation of such measures under Swiss law.

No reply has been received to date.