WRITTEN QUESTION E-2401/99 by Bart Staes (Verts/ALE) to the Council. Priority of international law over an EU directive, and compliance with provisions of treaties concerning the Iron Rhine.
8. 8. 2000 EN Official Journal of the European Communities C 225 E/125 for verification is one of the alternatives already under consideration by some trade unionists. The fact that trade union members themselves have an interest in knowing how many colleagues belong to their organisation is widely recognised. No proposal made by the Commission would áviolateí freedom of association or any civil right to confidentiality. Allegations that any such proposal has been made are completely without foundation in fact. (2000/C 225 E/133) WRITTEN QUESTION E-2401/99 by Bart Staes (Verts/ALE) to the Council (13 December 1999) Subject: Priority of international law over an EU directive, and compliance with provisions of treaties concerning the Iron Rhineí The increase in the budget for trans-European networks confirms their importance for the European Union. Both the construction of new transport infrastructure and the modernisation of existing infra- structure are eligible for co-financing. The question of the Iron Rhine is a matter which is particularly deserving of the Councilís attention in this respect. By virtue of Article 12 of the Belgium-Netherlands Arbitration Treaty (19 April 1839) and the Belgium-Netherlands treaties of 5 November 1842 and 13 January 1873 deriving therefrom (the Iron Rhine Treatyí), Belgium is entitled to a link via the Dutch district of Sittard to the German frontier. This international right of transit assumed physical shape between 1869 and 1879 with the construction of the first cross-border rail link in Europe. However, after the two world wars the Iron Rhine between Antwerp and the Ruhr in Germany fell into disuse. The Dutch authorities are currently using national legislation to put obstacles in the way of resuming this interna- tional rail link. Does the Council acknowledge that by virtue of Article 12 of the Belgium-Netherlands Arbitration 1. Treaty (19 April 1839), and the Belgium-Netherlands treaties of 5 November 1842 ands 13 January 1873 deriving therefrom, Belgium is entitled to a link via the Dutch district of Sittard to the German frontier? Is Dutch environmental 2. legislation pursuant to the habitats directive subordinate to the above- mentioned international agreements, given that one of the contracting parties to the Belgium-Netherlands Arbitration Treaty (Russia) is not an EU Member State? (N. B. : The Treaty of Vienna explicitly stipulates that international law takes precedence over national law. ) In the light of the answers to questions 1 and 2, will the Council call on the Dutch authorities to 3. comply with their obligations under the treaties, particularly as completion of the Iron Rhine is covered by the general principle of loyalty to the Community? If not, why not? Reply (28 February 2000) The question raised by the Honourable Member is not within the Councilís competence. (2000/C 225 E/134) WRITTEN QUESTION E-2403/99 by Ilda Figueiredo (GUE/NGL) to the Commission (16 December 1999) Subject: Proposed EUR 2 million cutback of the Poseima programme On 9 November the Commission submitted its fourth Letter of Amendment to the 2000 Budget to Parliament, proposing to cut EUR 2 million from the Poseima programme, while proposing increases for the Poseidom and Poseican programmes