ddrg/super_eurlex huggingface dataset:
WRITTEN QUESTION P-2508/02

by Jonas Sjöstedt (GUE/NGL) to the Commission

(3 September 2002)

Subject: Intervention in a trade union blockade in Finland

In its answer of 19 June 2002 to question P-1480/02(1) the Commission said that it was currently analysing the reply by the Finnish authorities in an infringement procedure against Finland because of its failure (the Commission claims) to take any measure to prevent/reduce the effects of several boycott actions undertaken by the Finnish Unions against the ships of an Estonian shipowner.

Is it the case that, since the Commission monitors the application of Community law (Article 211 of the EC Treaty), it considers that this gives it the right to intervene in the Member States' laws and thus to review lawful trade union disputes?

Has the Commission thought about the practical consequences of such a right of review for the two sides of the labour market?

Has the Commission made any progress as regards the further treatment of the current infringement proceedings against Finland?

(1) OJ C 277 E, 14.11.2002, p. 213.

Answer given by Mrs de Palacio on behalf of the Commission

(1 October 2002)

As already indicated in the Commission reply to the written question P-1480/02 of the Honourable Member, the infringement procedure addresses a Member State and not the relations between individuals or organisations. The object of the procedure, in other words, is not the boycott as such but the appropriate nature of the measures taken by the Finnish Government in order to reduce the harmful effects of the former.

Regarding the right of the Commission to take action, it was also recalled in the above mentioned reply to written question P-1480/02, that the Europe Agreement with Estonia is part of the acquis communautaire. Since under this agreement Estonian shipowners are guaranteed the right to provide maritime services in the Community, the monitoring by the Commission on the implementation of such a right falls within its competence under Article 211 of the EC Treaty.

The reply from the Finnish Government has been assessed by the Commission. A decision on the follow-up of the infringement procedure will be taken in some weeks time, according to the usual collegiate procedures for decision-making by the Commission.
WRITTEN QUESTION E-1881/02

by Fernando Fernández Martín (PPE-DE) to the Commission

(28 June 2002)

Subject: Guinea

With respect to Guinea, can the Commission specify the projects funded from the EU budget in 2000? Can it state the total amounts granted in aid over 2000 under all the headings referring to that country?

Joint answerto Written Questions E-1867/02, E-1868/02, E-1869/02, E-1870/02,E-1871/02, E-1872/02, E-1873/02, E-1874/02, E-1875/02, E-1876/02, E-1877/02, E-1878/02,E-1879/02, E-1880/02, E-1881/02, E-1882/02, E-1883/02, E-1884/02, E-1908/02, E-1909/02,E-1996/02, E-1997/02, E-1998/02, E-1999/02, E-2000/02, E-2001/02, E-2002/02, E-2003/02,E-2004/02, E-2005/02, E-2006/02, E-2007/02, E-2008/02, E-2009/02, E-2134/02, E-2135/02,E-2136/02, E-2137/02, E-2138/02, E-2139/02, E-2140/02, E-2141/02, E-2142/02, E-2143/02,E-2144/02, E-2145/02, E-2146/02, E-2147/02, E-2148/02, E-2149/02, E-2150/02, E-2151/02,E-2152/02, E-2153/02, E-2154/02 and E-2155/02given by Mr Nielson on behalf of the Commission

(23 September 2002)

In view of the length of its answer, the Commission is sending direct to the Honourable Member and to Parliament's Secretariat a table containing the information requested.

It should be noted that the figures contained in the summary table by country are also to be found in the Financial Tables portion of the Annual Report on the Implementation of the EC's External Assistance.
WRITTEN QUESTION E-1950/02

by Mario Borghezio (NI) to the Council

(3 July 2002)

Subject: Respect for the rights of the lawyers defending the Breton separatists

In France a number of Breton separatists are being tried on charges connected with an attack on a McDonald's restaurant in Quévert, allegedly carried out by the Armée Révolutionnaire Bretonne. The defence lawyers have been obliged to bring an action against the French State, which has failed to fulfil its obligations for more than six months, and they claim that the rights of the defence have not been respected, since they have been unable to obtain copies of about 73 volumes of legal files from the investigating magistrates, whose excuse is that they are short-staffed and lack the equipment to make photocopies.

This situation in fact constitutes a serious discrimination against the defendants, who are all militant Breton separatists, in view of the Decree of the French Republic of 31 July 2001, which recognises the right of every defence lawyer to be given a free copy of the record of criminal proceedings.

Does the Council not consider that it is a matter of very serious concern that in a trial of such not least political importance, the defence is not in a position to obtain a copy of the record of proceedings, all the more so because they largely consist of transcriptions of intercepted telephone calls.

Reply

(5 November 2002)

The Council is not competent to comment on a matter that is sub judice in a Member State.
WRITTEN QUESTION E-2454/02

by Olivier Dupuis (NI) to the Commission

(29 August 2002)

Subject: Petition signed by 21 distinguished Vietnamese dissidents seeking radical legal reforms

The Paris-based Vietnam pour les Droits de l'Homme (Vietnam for Human Rights) Committee announced that, on 2 August 2002, 21 distinguished dissidents, former senior cadres in the Vietnamese Communist Party (PCV), veterans and scholars, and most of them committed to the Party, had forwarded a petition to the National Assembly and to the country's leaders. In their petition, they sought radical legal reforms so as to ensure genuine protection of human rights. In particular, the petition called upon the recently elected National Assembly to establish a Constitutional Court which would strike down any unconstitutional legislation and ensure that national legislation complied with the International Covenant on Civil and Political Rights. It also called for the establishment of an independent anti-corruption association, for publication of the controversial treaties which establish the frontiers between China and Vietnam and for the introduction of legal safeguards in order to curb the repressive measures taken by the State against citizens who legitimately oppose its actions.

Is the Commission aware of this petition? What measures will the Commission take, on the basis of Article 2 of the Cooperation Agreement, to ensure that the Vietnamese authorities stop persecuting Vietnamese citizens because of their opinions or because of their peaceful political activities?

Answer given by Mr Patten on behalf of the Commission

(27 September 2002)

The Commission is indeed aware of the initiative referred to by the Honourable Member.

The Union-Vietnam Co-operation Agreement, which was signed in 1995, states in its first Article that respect for human rights and democratic principles is the basis of our co-operation. Questions related to the respect for and the promotion of human rights are addressed in meetings of the Union-Vietnam Joint Commission established under the Co-operation Agreement. The Commission, together with the Member States represented in Vietnam, therefore monitors closely human rights developments in Vietnam as part of the policy of the Union to encourage and support the continued commitment of the Government of Vietnam to progress in the field of human rights. The Commission also participates with the Member States in regular dialogue with and in all démarches to the Government of Vietnam on human rights issues.
WRITTEN QUESTION E-1914/02

by Maurizio Turco (NI) to the Commission

(2 July 2002)

Subject: The euro: Vatican City State (VCS) and money laundering

Aware that:

- Under the Monetary Agreement between the Italian Republic, on behalf of the European Union, and the Vatican City State and, on its behalf, the Holy See(1), the VCS is authorised to issue euros.

- The only bank operating within the SCV is the central bank, the Istituto per le Opere di Religione (IOR).

- The Commission is a member of, and Europol has observer status within, the Financial Action Task Force on Money Laundering (FATF) set up by the OECD.

- During the 1980s a huge money-laundering operation involving among others the Pope's delegate in charge of the IOR, the American bishop Paul Marcinkus, was brought to light.

- In October 2000 an attempt was made to defraud the Sicilian regional authorities of USD 400 million in European funds, which allegedly would then have been laundered through various banks, including the IOR (Arresting Transnational Crime an electronic journal of the US Department of State, August 2001, Volume 6, Number 2).

- On 10 June 1984, the Turks and Caicos Islands were taken out of the Diocese of Nassau (Bahamas) and proclaimed a Missio Sui Iuris. The same happened to the Cayman Islands (which formed part of the Diocese of Kingston (Jamaica)) on 14 July 2000. The American cardinal Theodore Edgar McCarrick was appointed Superior for the Turks and Caicos on 21 September 2001, while the American cardinal Adam Maida, member of the IOR Supervisory Board, is Superior for the Cayman Islands. Both groups of islands are among the world's best-known offshore financial centres.

Given the above, would the Commission state:

- whether any anti-money laundering laws that enable the origin of funds deposited to be traced are in force in the VCS;

- whether any checks have been run by international organisations on the VCS's banking, economic and financial systems and, if so, what conclusions were reached;

- what steps it intends to take to guard against money laundering by banks located in the VCS?

(1) OJ C 299, 25.10.2001, p. 1.

Answer given by Mr Bolkestein on behalf of the Commission

(9 September 2002)

The Vatican City State (VCS) is an independent State and is not a member of the European Union. Community legislation is not applicable in the VCS.

The Commission is not aware of any anti-money laundering law in force in the VCS. However, as noted by the Honourable Member, the only bank operating in the VCS, the Istituto per le Opere di Religione, is also the Central Bank. Thus, since there is no commercial financial sector in the VCS, the scope for the application of normal anti-money laundering rules covering the financial system would appear to be necessarily limited.

The Commission is not aware of any examination by international organisations of the VCS's banking, economic and financial systems.
WRITTEN QUESTION E-2521/02

by Jens-Peter Bonde (EDD) to the Council

(11 September 2002)

Subject: Police wiretapping of Jyllands-Posten

Is it compatible with EU rules for the police to wiretap Jyllands-Posten and attempt to force a journalist to reveal his sources?

Reply

(19 December 2002)

Whether a Member State is complying with its obligations under Community law is a matter for the Commission.

In the case in question, responsibility for the application of measures to enforce the law or detect offences lies with Member States.
WRITTEN QUESTION E-0880/02

by Anna Karamanou (PSE) to the Commission

(2 April 2002)

Subject: Ill-treatment of minors in Albanian prisons

According to Amnesty International, the ill-treatment of children in detention in Albania is a widespread and very common practice. The case of eleven-year-old Ergest Sele who was tortured while in detention to make him confess to the theft of a handbag, is one of many cases involving children who have been tortured and abused during their detention by the Albanian police. The non-governmental organisation The Children's Human Rights Centre of Albania states in its report that the police made extensive use of torture to force minors to confess crimes. Furthermore, the children are afraid that if they bring charges they will be subjected to further abuse. It should be remembered that Albania has ratified all the international conventions banning torture, including the Convention on the Rights of the Child.

Will the Commission say whether it intends to bring pressure to bear on the Albanian government to take urgent measures to safeguard and protect the rights of children in detention and to prosecute those responsible and also whether it intends to call on the Albanian Minister of Justice to promote legislation establishing a system for dispensing justice to minors?

Answer given by Mr Patten on behalf of the Commission

(25 April 2002)

The Commission takes allegations of ill-treatment and torture very seriously. The Union has underlined its determination to tackle the issue in the Guidelines to EU policy towards third countries on torture and other cruel, inhuman or degrading treatment or punishment which were adopted by the General Affairs Council in April 2001(1). These guidelines refer, inter alia, to the need for special protection for children in this context.

The Commission has pointed out on several occasions that Albanian prisons and detention systems need to be improved, especially as far as prisoners on remand are concerned, and that Albanian law enforcement bodies should be better acquainted with their human rights obligations, and implement them. It has also underlined the deficiencies of the Albanian judicial system and the need for Albania judges to address human rights cases properly. All these institutional weaknesses affect also minors in detention.

The Commission is taking every opportunity to stress the importance for Albania to properly address the above issues. It will continue to strees the need to pay particular attention to the treatment of minors brought to justice and to underline that this treatment should meet international standards during the whole process (arrest, trial, detention).

The Commission provides specific financial support to address issues related to the detainees' conditions and the respect of their rights, including awareness-raising and training programmes for the police, the judiciary and other target groups, which should help progressively to improve the standards applied in places of detention, including to minors.

(1) http://ue.eu.int/newsroom/newmain.asp?lang=1.
WRITTEN QUESTION E-2151/02

by Fernando Fernández Martín (PPE-DE) to the Commission

(18 July 2002)

Subject: Malawi

With reference to Malawi, will the Commission draw up a list of projects approved for financing under the EU budget in 2001 and state the total amount of investment for that year?

Joint answerto Written Questions E-1867/02, E-1868/02, E-1869/02, E-1870/02,E-1871/02, E-1872/02, E-1873/02, E-1874/02, E-1875/02, E-1876/02, E-1877/02, E-1878/02,E-1879/02, E-1880/02, E-1881/02, E-1882/02, E-1883/02, E-1884/02, E-1908/02, E-1909/02,E-1996/02, E-1997/02, E-1998/02, E-1999/02, E-2000/02, E-2001/02, E-2002/02, E-2003/02,E-2004/02, E-2005/02, E-2006/02, E-2007/02, E-2008/02, E-2009/02, E-2134/02, E-2135/02,E-2136/02, E-2137/02, E-2138/02, E-2139/02, E-2140/02, E-2141/02, E-2142/02, E-2143/02,E-2144/02, E-2145/02, E-2146/02, E-2147/02, E-2148/02, E-2149/02, E-2150/02, E-2151/02,E-2152/02, E-2153/02, E-2154/02 and E-2155/02given by Mr Nielson on behalf of the Commission

(23 September 2002)

In view of the length of its answer, the Commission is sending direct to the Honourable Member and to Parliament's Secretariat a table containing the information requested.

It should be noted that the figures contained in the summary table by country are also to be found in the Financial Tables portion of the Annual Report on the Implementation of the EC's External Assistance.
WRITTEN QUESTION E-1504/02

by Herbert Bösch (PSE) to the Commission

(29 May 2002)

Subject: Investigative methods of the Anti-Fraud Office (OLAF)

Can the Commission provide statistics showing the number of cases in which the Anti-Fraud Office (OLAF) has, since its creation in 1999 and during the course of internal or external investigations, arranged for:

a) telephone calls to be intercepted,

b) electronic mail from and to Members, officials and other servants of the EU institutions to be analysed?

Can it state whether the interception of telephone calls or the analysis of electronic mail is conditional on a particular person being under definite suspicion?

Can it indicate legislation on which such measures are based and who decides on the application thereof?

Can it state in which cases agreement was obtained from the competent national authorities?

Can it state when and how those affected were informed of such measures?

Can it state whether such measures were also taken during the course of the internal investigation opened at the end of March 2002, the aim of which was to identify officials leaking on confidential documents to journalists?

Answer given by Mrs Schreyer on behalf of the Commission

(19 July 2002)

The Commission has been provided with the following information by OLAF regarding the question of the Honourable Member which concerns OLAF's investigatory functions:

OLAF always ensures that its investigative methods comply with the law, whether European law or the law of any Member State in whose jurisdiction a particular operation may take place, and is happy to have this opportunity to assure the Honourable Member of the importance

which it attaches to these issues. While OLAF fully respects the law and the rights of individuals and takes the greatest care not to exceed its powers, OLAF does not comment on specific operational matters insofar as doing so could prejudice the effectiveness of present and prospective investigations. Only the Member States, not OLAF, are in a position to answer questions regarding the use by Member State authorities of their powers in the course of investigations in which OLAF is involved.
WRITTEN QUESTION P-3245/02

by Antonio Di Pietro (ELDR) to the Commission

(11 November 2002)

Subject: Natural disaster (earthquake) in Molise

On 31 October 2002, the Molise region was struck by a violent earthquake measuring eight on the Mercalli scale, the epicentre of which was in the area north-east of Campobasso, and more precisely in the municipalities of Larino, Bonefro, Casacaldenda and San Giuliano di Puglia.

Twenty-nine people died as a result of the earthquake, and hundreds were injured. In dozens of municipalities there was serious damage to homes, other buildings and public facilities, meaning that around 8,500 people had to be evacuated.

In the days following the earthquake, there were further tremors which prolonged the state of emergency in the villages worst hit, and the emergency services rushed to put up tent villages to house the families who had suddenly found themselves homeless.

In view of the strong seismic activity in the area and the approach of winter, which is particularly harsh in the mountain villages of Molise, where the temperature is already falling, will the Commission take concrete action of the kind guaranteed to help economic and productive activity in the region?

Answer given by Mr Barnier on behalf of the Commission

(3 December 2002)

The Honourable Member is informed that Molise is classed as an Objective I (transitional support) region for the period 2000-2006.

It is therefore covered by an Operational Programme to encourage sustainable economic development, total budget EUR 605 000 000, with the Community contributing EUR 115 000 000.

Under the decentralised management principle Italy, in partnership with the Commission, chose the projects to be implemented in pursuit of the programme targets. If the latter need to be modified following the disaster the Commission is ready to examine, in partnership with the national and regional authorities, all proposals for their achievement.
WRITTEN QUESTION E-2988/02

by Rosa Miguélez Ramos (PSE) to the Commission

(23 October 2002)

Subject: Measures to reduce fisheries accidents

Paragraph 9 of the EP's resolution of 5 April 2001 on Fisheries: safety and causes of accidents(1) calls on the Commission to unambiguously clarify and publicise the responsibilities of skipper-owners for the safety of their crew in the light of existing European directives.

Has the Commission adopted any proposals in this connection?

Does it not think that an information and best-practice-exchange campaign within the industry would help to reduce the number of fishery accidents?

(1) OJ C 21 E, 24.1.2002, p. 359.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(5 December 2002)

Articles 3 and 7 of Council Directive 93/103/EC of 23 November 1993 concerning the minimum safety and health requirements for work on board fishing vessels (thirteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)(1) lays down clear rules governing the responsibilities and obligations of owners and skippers.

Council Directive 92/29/EEC of 31 March 1992 on the minimum safety and health requirements for improved medical treatment on board vessels(2) also lays down rules on the responsibilities of owners and skippers (see Article 4) with regard to medical treatment on board vessels.

It is up to the Member States to take the necessary measures to ensure correct transposition and effective implementation of those rules.

The Commission considers that any action aimed at informing and raising awareness among the actors concerned of the risks associated with fisheries activities contributes to improving the health and safety conditions at work and thus to reducing the number of work-related accidents.

Indeed, in its Communication entitled Adapting to change in work and society: a new Community strategy on health and safety at work 2002-2006(3), the Commission stated that awareness training must mobilise resources which are varied and geared to specific situations, e.g. SMEs, very small firms and craft trade workers. In this respect, it should be pointed out that, in its Resolution of 3 June 2002(4), the Council urged the Member States to encourage the emergence of a genuine culture of prevention through, inter alia, campaigns aimed at raising awareness.

The European Agency for Health and Safety at Work could also play a leading role in these actions aimed at raising awareness and exchanging good practice.

(1) OJ L 307, 13.12.1993.

(2) OJ L 113, 30.4.1992.

(3) COM(2002) 118 final.

(4) OJ C 161, 5.7.2002.