WRITTEN QUESTION No. 2928/97 by Elly PLOOIJ-VAN GORSEL to the Commission. Discriminatory provisions in Belgian post- office law
25. 5. 98 EN Official Journal of the European Communities C 158/21 Answer given by Mrs Gradin on behalf of the Commission (17 November 1997) As far as development aid is concerned, the Commission is implementing the Council resolution of 5 June 1997 on coherence. It is proceeding by convening meetings of experts from Member States, where global questions relating to the link between migration and development are currently under consideration. At this stage, the Commission is not considering the particular approach suggested by the Honourable Member. As far as humanitarian aid is concerned, the Commission (European Community humanitarian office) supports actions to cope with the consequences of population movements (refugees, displaced people and returnees) caused by natural and man-made disasters and to assist repatriation to the country of origin and resettlement where the conditions laid down in current international agreements are in place. In this context, it also supports short-term rehabilitation and reconstruction work, especially on infrastructures and equipment, in close association with local structures, with a view to facilitating the arrival of relief, preventing the impact of the crisis from worsening and starting to help those affected regain a minimum level of self-sufficiency. (98/C 158/27) WRITTEN QUESTION E-2928/97 by Elly Plooij-van Gorsel (ELDR) to the Commission (17 September 1997) Subject: Discriminatory provisions in Belgian post-office law Belgian law stipulates that payment orders made out to Belgian payees by foreigners without a permanent address in Belgium or Luxembourg cannot be accepted at post offices, a few exceptions apart. This means that a payment to a Belgian account holder by a Netherlands national living in the Netherlands cannot be made through a Belgian post office. 1. Does the Commission accept that this amounts to discrimination on grounds of nationality? Does the Commission accept that this Belgian rule acts as an impediment and is incompatible with 2. European rules on the internal market? 3. If so, what action will the Commission take? Answer given by Mr Monti on behalf of the Commission (19 November 1997) The Belgian postal authorities have confirmed to the Commission that, under their internal instructions, ápayment orders made out to Belgian payees by foreigners without a permanent address in Belgium or Luxembourg cannot be acceptedí, with a few clearly specified exceptions. They thus bear out the claims made by the Honourable Member in her question. A provision limiting the right of postal credit institutions to accept payment orders made out by foreigners constitutes, according to the settled case law of the Court of Justice (1), a restriction on the free movement of services in that it primarily affects recipients of services who are not Belgians. Such a provision is not necessarily contrary to Community law if it can be justified by the public interest. Nevertheless, the Court of Justice has adopted a restrictive approach in appraising such justifications. The Commission will examine the issue raised by the Honourable Member in greater detail and, if it concludes that the restriction cannot be justified, it will take the matter up with the Member State concerned. (1) Case C-175/88 Biehl v Administration des contributions du grand-duche· de Luxembourg [1990] ECR I-1779