WRITTEN QUESTION E-0184/00 by Konstantinos Hatzidakis (PPE-DE) to the Commission. Failure of Greece to comply with Community legislation.
C 280 E/196 Official Journal of the European Communities EN 3. 10. 2000 Furthermore, the abolition of the VAT refund procedure under this proposal for a directive is to be welcomed because the procedure is extremely costly in virtually all Member States and, in view of the length of time it takes ü up to 5 years ü and the costs involved, it is having a damaging effect on the economy of the Union. What measures does the Commission intend to take to ensure that the changes to Directive 77/388/EEC (2) proposed in COM(98) 377 final or the proposal for a regulation can be implemented rapidly? Is the Commission thinking of bringing forward the second part of proposal COM(98) 377 final concerning exclusions from the right of deduction, since what is involved is merely the modernisation and uniform application of the existing VAT system, but in a way that will reduce distortions of competition in the internal market? (1) OJ C 219, 15. 7. 1998, p. 16. (2) OJ L 145, 13. 6. 1977, p. 1. Answer given by Mr Bolkestein on behalf of the Commission (14 March 2000) The proposal for a Council Directive amending Directive 77/388/EEC as regards the rules governing the right to deduct value added tax, to which the Honourable Member refers, was sent to the Council by the Commission for adoption on 17 June 1998. It could provide a genuine response to the problems raised. Under Article 93 (ex-Article 99) of the EC Treaty, adoption of this proposal requires the Councilís unanimous agreement. The proposal is currently still on the table of a Council technical working party and no agreement has yet been reached on its adoption. The attempts to reach a compromise in the Council have the Commissionís full support. Nevertheless, it wishes to ensure that any compromise reached is in line with the aims of its proposal. As the Honourable Member rightly points out, the proposal is in two parts: first, the approximation of national rules relating to expenditure not eligible for a full deduction; and second, the introduction of a cross-border right of deduction to replace the refund procedure laid down in the eighth Council Directive 79/1072/EEC of 6 December 1979 on the harmonisation of the laws of the Member States relating to turnover taxes ü arrangements for the refund of value added tax to taxable persons not established in the territory of the country (1). The Commission considers both parts of the proposal of equal importance. The need for them to be separated has not yet arisen in the course of the discussions in the Council. (1) OJ L 331, 27. 12. 1979. (2000/C 280 E/229) WRITTEN QUESTION E-0184/00 by Konstantinos Hatzidakis (PPE-DE) to the Commission Subject: Failure of Greece to comply with Community legislation (31 January 2000) According to the 1998 annual report on the harmonisation of the national legislation of the Member States with Community legislation, Greece appears to have failed to comply with Community legislation in 241 cases. Will the Commission say, in respect of the situation in 1999, in how many instances Greece failed to comply with Community legislation, what these cases were and what progress Greece has made as regards the 241 cases of non-compliance in 1998? 3. 10. 2000 EN Official Journal of the European Communities C 280 E/197 Answer given by Mr Prodi on behalf of the Commission (9 March 2000) The Commissionís annual report on the application of Community law lists all the proceedings initiated by it against Member States under Article 226 (formerly 169) of the EC Treaty, either in reponse to a complaint or on its own initiative, for failure to comply with Community law. As at 31 December 1998, there were 241 infringement proceedings under way against Greece. As at 31 December 1999, the number had risen to 259. For further information on the nature of the infringements detected in the case of Greece in 1999, the Honourable Member is referred to the 17th annual report, which is currently being drawn up and will be sent to Parliament during the coming weeks. (2000/C 280 E/230) WRITTEN QUESTION E-0185/00 by Konstantinos Hatzidakis (PPE-DE) to the Commission Subject: Failure of Greece to comply with Community Directive 92/43 (31 January 2000) Under Judgment C-329/96 Greece has been found guilty of failing to transpose in good time Directive 92/43 (1) on the conservation of the natural habitats of wild fauna and flora. Will the Commission say whether, following this ruling against Greece, the latter has complied with the Directive in question and, if not, what measures it intends to take to ensure that Greek legislation is brought in line with Community legislation? (1) OJ L 206, 22. 7. 1992, p. 7. Answer given gy Mrs Wallström on behalf of the Commission (22 February 2000) Acting on the judgment of the Court of Justice of 26 June 1997 (1), the Greek authorities notified the Commission in January 1999 of Joint Ministerial Decision No 33318/3028 of 11 December 1998 transposing into Greek Law Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. (1) Case C-329/96. (2000/C 280 E/231) WRITTEN QUESTION E-0192/00 by Raffaele Costa (PPE-DE) to the Commission (31 January 2000) Subject: Cellular phones and health risks Over the past few months an increasingly large number of studies have produced extremely alarming findings regarding the health risks caused by radiation emissions from cellular phones. Most recently, research carried out by Swedish scientists found that even some cancerous growths and disorders in the reproductive organs can often be attributed to the regular use of cellular phones and to the electro- magnetic waves which they emit. Mobile telephony has only recently come into widespread use and even today this market cannot be considered to be fully developed, given that further quantitative and qualitative advances are still to be expected such as UMTS technology, which in the near future is likely to combine mobile phone services with the vast range of services available on the Internet network