WRITTEN QUESTION P-0705/00 by Nelly Maes (Verts/ALE) to the Council. Amendments to the Netherlands Exceptional Medical Expenses Act.
21. 11. 2000 EN Official Journal of the European Communities C 330 E/207 (2000/C 330 E/239) WRITTEN QUESTION E-0700/00 by James Nicholson (PPE-DE) to the Commission (17 March 2000) Subject: Canary Islands import regulations Can the Commission explain why the Canary Islands have different regulations for importing certified seed potatoes than other regions of the European Union and whether the present arrangements will ever change? Answer given by Mr Byrne on behalf of the Commission (25 April 2000) The Community plant health regime, established by Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1) was adapted by Directive 94/13/EC (2) to accommodate the specific plant health situation in the Canary Islands. The remote and insular nature of the Islands and hence the peculiar plant health situation was acknowledged and the need for specific provisions in the Annexes to the Directive for the protection of the Canary Islands was foreseen. However, the practical implementation of the integration of the Canary Islands into the Community plant health regime has not yet taken place, because an updated list specifying the harmful organisms of concern to the Canary Islands, with an indication of the phytosanitary measures considered appropriate, to be supplied by Spain, is still awaited. Because of the exceptional geographical situation, which constitutes a severe handicap, the Canary Islands also benefit from the application of Regulation 1601/92 which is a regime of exemption from levies and/or customs duties on different products, including certified seed potatoes, imported directly from third countries. The quantity of goods entitled to benefit from the regime is fixed yearly based on the supply balance. (1) OJ L 26, 31. 1. 1977, as last amended by Commission Directive 1999/53/EC, OJ L 142, 5. 6. 1999. (2) OJ L 92, 9. 4. 1994. (2000/C 330 E/240) WRITTEN QUESTION P-0705/00 by Nelly Maes (Verts/ALE) to the Council (2 March 2000) Subject: Amendments to the Netherlands Exceptional Medical Expenses Act In the Netherlands, everybody is covered by the Exceptional Medical Expenses Act (AWBZ). Since 1 January 2000, Netherlands nationals living abroad who are not insured with a health insurance fund have no longer been covered by the AWBZ. However, Netherlands nationals residing in Belgium cannot subscribe to a health insurance fund because Belgian social legislation regards this as incompatible with the Dutch AWBZ facilities. This is very much a Catch 22 situation: Netherlands nationals residing in Belgium must subscribe to a health insurance fund in order to be entitled to AWBZ facilities, but Belgian health insurance funds refuse to accept them as members because they are entitled to AWBZ facilities. Does the decision by the Netherlands Government to exclude Netherlands nationals who reside 1. abroad and are not insured with a health insurance fund from AWBZ facilities as of 1 January 2000 violate European law, inter alia the freedom of citizens and patients to settle in other EU Member States (ECJ, 28 April 1998, no. C-158/96)? (a) If so, what will the Council do to remedy this situation? (b) If not, does not the Netherlands Governmentís measure detract from European law, inter alia the freedom of citizens and patients to settle in other EU Member States (ECJ, 28 April 1998, No C-158/96)? C 330 E/208 Official Journal of the European Communities EN 21. 11. 2000 Does the decision by the Netherlands Government violate the principle of trust, since the persons 2. concerned have moved abroad in good faith in the knowledge that they will continue to enjoy full cover for medical expenses under the AWBZ? If not, does not the Council consider that the Netherlandsí measure detracts from the principle of trust? Reply (2 May 2000) The matter raised by the Honourable Member does not fall within the Councilís powers. In accordance with the Treaty, it is for the Commission to ensure that Community law is applied and, where appropriate, to submit to the Council, or jointly to the European Parliament and to the Council, legislative proposals on matters within the Communityís sphere of competence. (2000/C 330 E/241) WRITTEN QUESTION E-0712/00 by Glyn Ford (PSE) to the Commission (17 March 2000) Subject: Amending Directives 98/95/EC and 98/96/EC Can the Commission indicate whether either of these Directives 98/95/EC (1) and 98/96/EC (2) prevents the UK Government from maintaining the 1982/844 UK statutory instrumentís provision of public consulta- tion (part 3 paragraph 21-30)? (1) OJ L 25, 1. 2. 1999, p. 1. (2) OJ L 25, 1. 2. 1999, p. 27. Answer given by Mr Byrne on behalf of the Commission (18 April 2000) Articles 21-30 of Part III of the United Kingdomís Seeds (National List of Varieties) Regulations 1982 make provision for a public consultation procedure prior to the adoption of decisions by the United Kingdom authorities concerning the registration, refusal of registration, renewal or withdrawal of registration in the National List of a seed or of a maintainer. These provisions do not derive from a Community obligation and are therefore the result of a decision by the United Kingdom legislature. Directives 98/95/EC (1) and 98/96/EC (2) have no effect on the possibility of maintaining the provisions referred to above. In any event, the decisions adopted by the national authorities following the consulta- tion procedure must comply with the general and specific provisions of the EC Treaty or of acts adopted by the institutions pursuant thereto. (1) Council Directive 98/95/EC of 14 December 1998 amending, in respect of the consolidation of the internal market, genetically modified plant varieties and plant genetic resources, Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC, 70/457/EEC and 70/458/EEC on the marketing of beet seed, fodder plant seed, cereal seed, seed potatoes, seed of oil and fibre plants and vegetable seed and on the common catalogue of varieties of agricultural plant species. (2) Council Directive 98/96/EC of 14 December 1998 amending, inter alia, as regards unofficial field inspections under Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC, 70/457/EEC and 70/458/EEC on the marketing of beet seed, fodder plant seed, cereal seed, seed potatoes, seed of oil and fibre plants and vegetable seed and on the common catalogue of varieties of agricultural plant species