ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union CE 78/676

(2004/C 78 E/0720)

WRITTEN QUESTION E-3943/03

by Daniel Cohn-Bendit (Verts/ALE) to the Commission

(22 December 2003)

Subject: Temporary Nationality and Entry into Israel law

The need for an urgent change of the social, political and economic status of the Arab minority in Israel and its attempt to gain minority recognition and rights is widely known. At present, as the deadlock in the implementation of the road map seems to be insurmountable, further efforts should be made within Israeli society for a real reconciliation between all of its components, and these could be regarded as a first step to restart the peace process.

Unfortunately on 31 July 2003 the Israeli Knesset enacted the temporary Nationality and Entry into Israel law prohibiting citizenship, permanent residency and temporary residency status to West Bank/Gaza Palestinians married to Israeli citizens. This law forbids residents of the Occupied Territories married to Israeli citizens or Palestinian residents in Israel to live lawfully in Israel with their companion. Furthermore it aims at preventing family unification and will also apply retroactively, affecting tens of thousands of couples. The fulfilment of this law will split nearly 22 000 families.

This law directly discriminates against Arab citizens of Israel, as a majority of Israelis married to residents of the Occupied Territories belongs to the Palestinian minority of Israel. Thus it contravenes many international human rights instruments ratified by Israel with regard, in particular, to Article 5 of the Convention on the Elimination of All Forms of Racial Discrimination ratified by Israel in 1979.

Is not the Commission of the opinion that this law violates Article 2 of the Association Agreement between the EU and Israel? What steps does the Commission intend to take in order to convince the competent Israeli authorities to abolish this law or not to implement it?

Answer given by Mr Patten on behalf of the Commission

(30 January 2004)

The Commission has taken note that the Knesset approved in July 2003 the Nationality and Entry into Israel Law (Temporary Order). In the Commission's view, this order raises issues of concern in relation to potential discrimination in the highly sensitive area of family rights. The Commission has already expressed these concerns in Israel, and is following carefully the developments relating to the practical modalities of this law. The Commission is also following carefully the observations of the United Nations Human Rights Committee and the Committee on the Elimination of Racial Discrimination on the matter. Under the Union-Israel Association Agreement, Israeli respect for human rights constitutes an essential element of its relationship with the Union. Matters relating to human rights are discussed in the framework of the political dialogue held between the Union and Israel under the Association Agreement.
EN Official Journal of the European Union CE 84/49

(2004/C 84 E/0055)

WRITTEN QUESTION E-3064/03

by Bernd Lange (PSE) and Wilhelm Piecyk (PSE) to the Commission

(17 October 2003)

Subject: Vehicle emissions outside of the test cycle

Pollution readings carried out by the German Federal Environmental Agency have shown that cars usually considered to be particularly environmentally friendly only keep within the EU's strict exhaust emission limits up to a speed of 120 km/h. Beyond that, however, emission levels rise many times over, proving that the cars concerned are not so environmentally friendly after all.

Is the Commission aware of this phenomenon?

Does the Commission intend to take account of emissions outside of the test cycle in its anticipated proposal for a future Euro V category of exhaust emission limits for cars, and will it restrict the extent to which the applicable limits are exceeded?

Answer given by Mr Liikanen on behalf of the Commission

(14 November 2003)

The Commission is aware that some motor vehicles can modulate the emission performance in certain driving conditions that are not covered by the present type-approval emissions test.

Emissions outside the test cycle are one of the issues on the agenda of the working group on Euro V standards that has been set up under the Motor Vehicles Emissions Group.
EN Official Journal of the European Union CE 84/82

(2004/C 84 E/0089)

WRITTEN QUESTION E-3680/03

by Roberta Angelilli (UEN) to the Commission

(9 December 2003)

Subject: Update on use of funding from the Ecos-Ouverture II programme by the municipality of Florence

In its answer to question E-1106/03 (1), which asked whether the municipality of Florence had submitted projects and secured funding under the Ecos-Ouverture programme, the Commission stated that the city had applied but had not been been selected for funding.

Can the Commission say why the projects were not considered suitable?

Has the Commission completed its examination of the final reports mentioned in its answers and, if so, can it supply any information on the outcome?

(1) OJ C 11 E, 15.1.2004, p. 139.
EN Official Journal of the European Union CE 84/53

(2004/C 84 E/0060)

WRITTEN QUESTION E-3127/03

by Jean Lambert (Verts/ALE) to the Commission

(23 October 2003)

Subject: Bank accounts and freedom of movement

Is the Commission aware of the tensions that arise between regulations concerning prevention of money laundering and freedom of movement of EU nationals?

It has come to my attention that EU nationals trying to set up a bank account in the UK are finding it extremely difficult, if not impossible, due to the identification documents required. They are often unable to get a UK bank account because they have no permanent address, and thus no utility bills, and unable to get a permanent address because they have no bank reference. These rules amount to a hidden barrier to the free employment of EU citizens in the UK.

Is there any action the Commission can recommend to assist those facing such difficulties?

Answer given by Mr Bolkestein on behalf of the Commission

(21 November 2003)

The Commission is aware of a number of cases where Union nationals who are not resident in the United Kingdom have experienced difficulties in opening a bank account.

Article 3(1) of the anti-money laundering Directive (1) stipulates that banks should identify their customers on the basis of ‘supporting evidence’.

United Kingdom banks are, therefore, obliged under the Directive to know their customer and apply proper customer due diligence procedures. Banks are increasingly punctilious about customer identification as failure to carry out proper anti-money laundering controls can have extremely serious consequences for them. There is, however, no requirement in United Kingdom law that prevents a bank from opening an account for a non-resident customer or a customer who is in the process of changing his country of residence.

United Kingdom banks follow or should follow the Guidance Notes issued by the Joint Money Laundering Steering Group. These set out the recommended procedures to be followed for various account opening situations. The fact that a person arriving to take up residence in the United Kingdom does not yet have a permanent address in the United Kingdom should not preclude the opening of a bank account. The Commission would recommend that persons encountering difficulties in opening an account should make reference to the Guidance Notes.

It must be noted, however, that freedom of contract applies in this area in the United Kingdom and a bank cannot be obliged to establish contractual relations with a customer if it does not wish to do so.

(1) Council Directive 91/308/EEC of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering, OJ L 166, 28.6.1991 as amended by Directive 2001/97/EC of the Parliament and of the Council of 4 December 2001, OJ L 344, 28.12.2001.
EN Official Journal of the European Union CE 78/871

(2004/C 78 E/0924)

WRITTEN QUESTION E-3886/03

by Roberta Angelilli (UEN) to the Commission

(16 December 2003)

Subject: Alcatel Italia and the seat of the European Satellite Agency

In June 2003 the management of Alcatel presented its financial plans, which including cutting about 1 300 jobs, most of them in Italy (at Cittaducale in the province of Rieti and Battipaglia in the province of Salerno). It should be remembered that Alcatel, as well as producing telecommunications equipment, is Europe's biggest supplier of satellite technology. Its employees are therefore what are commonly known as ‘highly-specialised’ workers. Although the closure of these plants will lead to an employment crisis which would hit specialised workers, many of whom are women and young people, there is also a possibility that the European Satellite Agency may be set up in Lazio. For this possibility to become a reality, the competent Italian authorities and the entities involved are trying to plead the casue of the Lazio region as the ideal location. In the light of the employment problems which closure of the Alcatel plants would cause, the choice of Rome (or another municipality in Lazio) as the headquarters takes on even greater importance.

In view of the above, can the Commission say:

1. whether the threatened crisis involving Alcatel may influence the decision concerning the seat of the Satellite Agency;

2. whether it intends to back Rome's application to become the seat of the Satellite Agency, in view of the possibility of finding new jobs for specialised workers who would otherwise be threatened with unemployment?

Answer given by Ms de Palacio on behalf of the Commission

(4 February 2004)

1. To date, as specified in the Commission's proposal for a Regulation on the future structures for the management of the Galileo satellite radionavigation programme (1), it has been proposed only to set up a ‘Supervisory Authority’ responsible for representing and defending public interests during the deployment and operational phases of the programme. Its staff will be limited in number (less than 50 people), so unfortunately this will not solve the problem of the 1 300 jobs lost in Cittaducale. Moreover, the duties performed by this public authority will be very different from the work of a private company.

2. Work on this proposal for a Regulation has only just begun in the Council and the question of the Supervisory Authority's headquarters has not yet been discussed.

(1) COM(2003)471 final.
EN Official Journal of the European Union CE 88/147

(2004/C 88 E/0156)

WRITTEN QUESTION E-3462/03

by Helmuth Markov (GUE/NGL) to the Commission

(21 November 2003)

Subject: Plans for weight restrictions at the Guben-Gubinek border crossing and EU funds

The district of Spree-Neisse (in Brandenburg Land, Federal Republic of Germany) intends to restrict the total weight of vehicles crossing the border at Guben-Gubinek to 20 tons. This restriction on goods transport is to apply in one direction only — Germany to Poland — and will create a range of problems for the local economy. The Guben-Gubinek border crossing at Schlagsdorf was also set up with EU funding. On the exporting side, therefore, part of the funding invested by the EU will be practically worthless. In addition, such a unilateral restriction is contrary to the spirit of the EU funding, the intention being to promote goods transport between the accession countries and the EU.

The Commission:

— what view does it take of the restriction on goods transport at the Guben-Gubinek border crossing in the light of the EU funding used to set up that crossing;

— can it take measures against this restriction and, if so, will it;

— what form might/will those measures take?

Answer given by Mr Verheugen on behalf of the Commission

(9 January 2004)

The PHARE Programme cofinanced the border post of Gubinek, which is for goods traffic only and is located beside the border post of Gubin reserved for passenger traffic. The cofinanced work was completed in 1998.

It is true that on the German side in the direction of Poland goods traffic has been restricted on Thursdays and Fridays to heavy goods vehicles under 20 tonnes. This decision was taken because, on the German side, there is as yet no alternative route around the town so that, at the moment, all heavy goods traffic has to pass through the town. The inhabitants of the German town complained to the competent German authorities and asked for traffic restrictions to be introduced. The restrictions were the subject of an agreement between the German and Polish authorities.

Work on the alternative route on the German side has already begun and should be completed next year. The restrictions are therefore only temporary. On the Polish side, there is already an alternative route so no such problems are expected. For these reasons, the Commission does not consider that the funds invested were ill spent.

As to the actual restrictions, current Community legislation does not cover prohibitions on traffic. Taking into account the fact that the temporary restriction is a one-off occurrence and is based on sound road safety and environmental protection criteria, the Commission does not believe any action is called for.
EN Official Journal of the European Union CE 88/617

(2004/C 88 E/0636)

WRITTEN QUESTION E-1716/03

by Mogens Camre (UEN) to the Commission

(23 May 2003)

Subject: Poul Nielsen's statements on the USA's presence in Iraq

On Friday 9 May 2003, the EU Commissioner for Development made a number of remarks which sowed doubts about the USA's intentions in Iraq, including: ‘I believe that the USA is on its way to becoming a member of OPEC like this. They are appropriating the oil. It is very difficult to make sense of it otherwise’.

These remarks are totally unacceptable. The USA's presence in Iraq is to ensure that the country does not collapse and that the revenue from Iraqi oil is used to transform Iraq into a modern, democratic society free of Islamic fundamentalism. The world cannot live with dictatorships that perpetrate terrorism internally and externally. Anyone with a modicum of insight realises that it would be a disaster for the Iraqis if the coalition left the country now and allowed the warring factions to wreck the country's future.

Since the Commission is a collegiate body which does not allow Commissioners to hold diverging views on political issues, will the Commission say whether Poul Nielsen's remarks reflect the Commission's official position on the presence of the international coalition in Iraq?

Answer given by Mr Nielson on behalf of the Commission

(4 August 2003)

What the Member of the Commission responsible for Development actually said, and the underlying reasoning behind the statement, is the following: Without the United Nations being given a decisive role in the reconstruction phase, it is very difficult for the United States to avoid slipping into the role of the power-bearer and the controller of the oil. The core issue to get across is that the only way to avoid that problem is to whole-heartedly promote multilateralism and legitimacy. This can only be assured if it is not the occupying power that governs. If the occupying power does not take a step back when it comes to the establishment of the system and the allocation of considerable oil resources (which only the United Nations's involvement can legitimise), there is a risk that those Iraqis appointed by the United States are not perceived as the right choice by other Iraqis, and broad support among the Iraqi population is key to stability and normalisation for the future Iraq.

His statement corresponds well with the description of the role of the occupying power (‘the Authority’) in the United Nations Security Council (UNSCR) of 22 May 2003.

Of course the statement of the Member of the Commission was an expression of his own analysis of the situation, — and as such neither very original nor controversial. Mr Camre could also have drawn guidance from the thorough and constructive debate on Iraq in the Parliament's plenary session in Strasbourg on 14 May 2003 where the Commissioner represented the Commission.
EN Official Journal of the European Union CE 78/197

(2004/C 78 E/0202)

WRITTEN QUESTION P-2948/03

by Christopher Heaton-Harris (PPE-DE) to the Commission

(2 October 2003)

Subject: Whistleblowing provisions

How many people have used Commissioner Kinnock's whistleblowing provisions since they were announced?

Answer given by Ms Schreyer on behalf of the Commission

(2 December 2003)

The whistleblowing procedure was put in place by the Commission as part of the reform in order to enable and encourage officials and other staff to express their concern about any malfunctioning coming to their attention while guaranteeing whistleblowers every protection.

Article 2 of the Commission Decision of 2 June 1999 (1) requires officials and other staff to inform their Head of Service or Director-General, or the European Anti-fraud Office (OLAF) or Secretariat-General direct, of any evidence giving rise to the presumption of the existence of possible cases of fraud.

The Commission decision of 4 April 2002 restates the obligation on all official or other staff to inform at once their superiors, the Secretary-General or OLAF direct of any evidence they have suggesting some illegal practice and also offers them the possibility of disclosing information outside the Commission or the European Anti-fraud Office in certain well-defined circumstances.

The Commission does not collect general statistics about the number of people having used the whistleblowing procedure. OLAF receives information from a large number of sources which may include whistleblowing by Community staff. However, the categories referred to in the OLAF activity report (see http://europa.eu.int/comm/anti_fraud/reports/olaf/2002.en) make the distinction between Commission, other institutions, freephone, etc but do not make it possible to link the incoming information via an instrument put in place by the Commission with whistleblowing.

OLAF has told the Commission, concerning the information it receives, that since 1 June 1999, 76 investigations have been opened on the basis of allegations coming from ‘Commission information sources’.

The Commission President announced to Plenary on 18 November that the Commission's Action Plan following the Eurostat affair will include provisions to strengthen information flows between OLAF and the Commission.

(1) Commission Decision of 2 June 1999 concerning the terms and conditions for internal investigations in relation to the prevention of fraud, corruption and any illegal activity detrimental to the Communities' interests, OJ L 149, 16.6.1999.
EN Official Journal of the European Union CE 78/752

(2004/C 78 E/0800)

WRITTEN QUESTION E-2737/03

by Glyn Ford (PSE) to the Commission

(11 September 2003)

Subject: Human rights in Vietnam

Would the Commission like to comment on the human rights situation in the Central Highlands of Vietnam since we are currently receiving conflicting reports of, on the one hand, a general improvement and, on the other, individual cases of human rights abuse?

Answer given by Mr Patten on behalf of the Commission

(10 October 2003)

Since February 2001, when social unrest spread in parts of the Central Highlands of Vietnam, independent and verifiable information on the situation has been difficult to obtain, as visits by foreign diplomats and journalists to this region have been severely curtailed. Consequently, it is difficult for the Commission to assess the current situation on the ground.

It should be noted, however, that the number of visits managed and organised by the Vietnamese Ministry of Foreign Affairs has increased during the course of recent months. Such visits have been carried out, ‘inter alia’, by a local EU working level troika in June 2003, and by United States Assistant Secretary of State Arthur E. Dewey in August 2003. Despite their obvious limitations, the increased number of these visits suggests a higher degree of openness on the part of the Vietnamese Government as regards the situation in the Central Highlands. At the same time, the government is paying greater attention to the region, and attempting to tackle some of the issues that triggered the 2001 unrest, such as low economic prospects, over-dependency on coffee as a cash crop, lack of social services such as health, education, etc.

Yet, at the same time, there are several credible reports indicating that the social conflicts persist. For the most part these are due to — arising migratory pressures on the local ethnic minorities, aspirations for a greater recognition of their distinctive identity, disputes over land rights, diverse religious beliefs, and a desire for some sort of political autonomy for the region. Reports also point to heavy pressure on all forms of local dissent, affecting in particular local Protestants, whom the government suspects of supporting the creation of a ‘Degar Homeland’. While denying all these reports, the government is publicising sporadic trials against members of ethnic minorities accused of helping others to cross into Cambodia, which is a sign of continued dissatisfaction among local ethnic minorities.

The Commission will continue to monitor closely the situation in the Central Highlands, including through its participation in EU missions to the region, and to raise its concerns with the Vietnamese Government. It is also noteworthy that the Vietnamese Government has stated its interest in extending an invitation to a delegation from the Parliament to visit the country soon. Such a visit would provide the Parliament with an opportunity to assess the situation itself at first hand.
3.

In accordance with Article 105(2) of the EC Treaty and Article 3(1) of the European System of Central Banks (ESCB)/ECB Statute, the ESCB, which is composed of the ECB and the NCBs, performs several tasks: — to define and implement the monetary policy of the Community; — to conduct foreign exchange operations; — to hold and manage the official foreign reserves of the Member States; — to promote the smooth operation of payment systems. Moreover, Article 3(3) of the ESCB/ECB Statute specifies that the ESCB shall contribute to the smooth conduct of policies carried out by the competent authorities related to the prudential supervision of credit institutions and the stability of the financial system. Within the framework of the ESCB, the NCBs are, moreover, carrying out a variety of additional tasks such as: the collection of statistical information, the printing of banknotes and the bringing into circulation of banknotes and coins, the conduct of various financial market operations in the framework of the ESCB's monetary policy, the conduct of economic research, etc. In addition, as provided in Article 14(4) of the ESCB/ECB Statute, NCBs are allowed to carry out tasks going beyond these statutory requirements. These tasks vary considerably from country to country, depending on existing practices and traditions in each of them.
EN Official Journal of the European Union CE 84/82

(2004/C 84 E/0087)

WRITTEN QUESTION E-3678/03

by Roberta Angelilli (UEN) to the Commission

(9 December 2003)

Subject: Update on use of funding from the Ecos-Ouverture II programme by the municipality of Terni

In its answer to question E-1116/03 (1), which asked whether the municipality of Terni had submitted projects and secured funding under the Ecos-Ouverture programme, the Commission stated that the city had applied but had not been been selected for funding.

Can the Commission say why the projects were not considered suitable?

Has the Commission completed its examination of the final reports mentioned in its answers and, if so, can it supply any information on the outcome?

(1) OJ C 11 E, 15.1.2004, p. 139.