WRITTEN QUESTION E-2733/99 by Carlo Fatuzzo (PPE-DE) to the Council. Italian law which discriminates against disabled persons over the age of 65.
24. 10. 2000 EN Official Journal of the European Communities C 303 E/101 (2000/C 303 E/095) WRITTEN QUESTION E-2731/99 by Luisa Morgantini (GUE/NGL) to the Council (13 January 2000) Subject: Nicaragua: corruption and EU aid Following the arrest of the President of the Nicaraguan Court of Auditors, Mr Agustin Jarquin, who had spoken out against serious financial irregularities committed by the present government, does the EU intend to review its programme of aid to the country without delay, pending Mr Jarquinís release, the reestablish- ment of proper institutional controls on the activities of the government and a thorough investigation of the above allegations? Reply (10/11 April 2000) 1. As the Honourable Member is probably aware, Mr Agustín Jarquin, Comptroller General of the Republic of Nicaragua, was released from prison on 24 December 1999. This liberation is no doubt the result of, on the one hand, the support given by numerous political personalities, the media and part of Nicaraguan public opinion and, on the other, international pressure, including dØmarche carried out by the European Union during the month of November 1999. 2. On that occasion the Union expressed its deep concern about the events which led to the arrest and imprisonment of Mr Jarquin and the institutional repercussions on the countryís governability. It is true that the consolidation of the rule of law, which involves, inter alia, a balance of powers and the existence of an independent, professional justice system, is a lengthy process in a country deeply scarred by civil war and a culture of confrontation. However, the imprisonment of the Comptroller General looked like a sanction centred chiefly on his attitude of independence vis-à-vis the executive power and on his fight against corruption. 3. The EU underlined that rule of law, transparency and respect for the independence of democratic institutions were of primary importance for any country and formed the foundation of development efforts. The European Union further underlined that these were important conditions in reaching the decision and the completion point of the initiative for Highly Indebted Poor Countries (HIPC). 4. Nicaragua has since decided to revise its Constitution. It is clear, as regards some aspects of the institutional reforms under way, that the problem does not lie in the structures, whether or not collegial, of the Controlariaí, but rather in the need to prevent the independence of that institution from being limited, to ensure that those structures are free from politics and that they can carry out their respective duties fully and with complete transparency. Through the European Union, the Group of Five and international the international community is keeping up a dialogue with the Government of Nicaragua with a view to bolstering the necessary independence of the institutions. institutions, financial The EU will continue to follow closely the situation in Nicaragua, and in relation to its aid to the 5. country will abide by the principles mentioned above and as set out in the Stockholm declaration. (2000/C 303 E/096) WRITTEN QUESTION E-2733/99 by Carlo Fatuzzo (PPE-DE) to the Council (13 January 2000) Subject: Italian law which discriminates against disabled persons over the age of 65 Article 13 of the Treaty of Amsterdam states that the Union is to combat all discrimination based on age. Is the Council aware of the fact that Italian law (Article 19 of Law No 118 of 30 March 1971 and subsequent amendments) provides for the granting of a life-long financial benefit for citizens who are C 303 E/102 Official Journal of the European Communities EN 24. 10. 2000 completely disabled and who apply for the benefit before the age of 65 but that the benefit is not payable to those who, despite meeting all the other conditions for eligibility, apply for the benefit after the age of 65? Is it aware of the fact that Italian old people, despite meeting all the disability conditions required by law, are discriminated against on the basis of their age when they apply for the benefit, a fact which has a life-long impact on whether or not they receive the benefit? Does the Council intend to ask Italy to repeal this law, as a matter of urgency? Reply (10/11 April 2000) Article 13 of the EC Treaty empowers the Council to take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Commission has recently submitted to the Council a proposal for a Directive establishing a general framework for equal treatment in employment and occupation. That proposal contains some provisions concerning age-based discrimination. The question as to whether benefits of the kind referred to by the Honourable Member are covered by the proposal for a Directive has not yet been resolved; the proposal is currently under discussion in the Councilís subordinate bodies and has therefore not yet been adopted. Being a framework directive, it would in any case leave Member States some latitude over its implementa- tion. In any event, as the Honourable Member will be aware, it is not for the Council to have any national law repealed. It is the Commissionís role to watch over Member Statesí compliance with Community law. (2000/C 303 E/097) WRITTEN QUESTION E-2737/99 by Michl Ebner (PPE-DE) to the Commission (18 January 2000) Subject: Unfair competition in the grape-based eau-de-vie sector When diluted to less than 86 % volume raw alcohol produced from grapes can become, on the basis of a broad interpretation of certain Community norms, eau-de-vie made from grapes which, once brought into Italy, could be sold, albeit unlawfully, as grappa. Eau-de-vie made from grapes produced in this way is considerably cheaper than grappa since raw alcohol is eligible for a Community contribution of 140 000 lire per hectolitre compared with 78 000 lire for grappa. This difference of 62 000 lire constitutes an incentive to counterfeit this most Italian of eau-de-vie. Not only does this lead to serious financial losses for producers but it also results in consumers being deceived. Can the Commission say whether it intends to take steps to equalise the Community contribution for grappa with that for raw alcohol, thereby removing the unfair competition in the grappa sector and protecting consumers? Answer given by Mr Fischler on behalf of the Commission (14 February 2000) The Commission has been informed of the use of raw alcohol in grappa production, contrary to the rules in force