WRITTEN QUESTION E-2181/01

by Stavros Xarchakos (PPE-DE) to the Commission

(23 July 2001)

Subject: Arbitrary decisions by the Greek administration

On 6 July 2001 the Greek press published the news that one million Greek identity cards will have to be destroyed following the ruling by the Council of State that the Personal Data Protection Authority had been wrong to order the deletion of the reference to nationality from the new identity cards. It should be pointed out that 300 000 new identity cards containing no reference to nationality have already been issued to Greek citizens, despite the EU's position that this decision by the Greek authorities was illegal. According to Greek police officers, the new identity cards (which do not mention religion either) will be withdrawn and the 700 000 identity cards already printed will have to be destroyed.

How does the Commission view the decision by the Greek authorities - an illegal decision, as it turns out - to omit any reference to nationality in the new identity cards? Is any provision made for sanctions against countries violating Community legislation in defiance of warnings by the EU which pointed out in good time that the deletion of the reference to nationality was illegal? If so, what sanctions? What would be the consequences of a hypothetical future ruling of the Court of Justice of the European Communities that the compulsory deletion of the reference to religion was also contrary to Community legislation? Would the optional entry of religion be in breach of this legislation?

Answer given by Mr Vitorino on behalf of the Commission

(27 September 2001)

By letter dated 4 December 2000, the Commission drew the attention of the Greek authorities to the fact that the omission of nationality on the new Greek identity cards was contrary to Community law. Its position was confirmed by the Greek Council of State and accepted by the Greek authorities.

Community law does not make provision for penalties to be imposed on Member States which fail to fulfil their obligations arising from it other than those laid down in Article 228 (former Article 171) of the EC Treaty, under which the Court of Justice, if it finds that a Member State does not comply with its judgment, may, in accordance with the procedure laid down in that Article, impose a lump sum or penalty payment.

With regard to the optional reference to religion on Greek identity cards, the Commission would refer the Honourable Member to its answer to Written Question H-0456/00 by Mr Alvanos(1). Moreover, it should be recalled that, on this point, the Greek Council of State has ruled that the optional reference to religion on identity cards is contrary to the Greek Constitution.

(1) Written answer of 13.6.2000.