ddrg/super_eurlex huggingface dataset:
2.

Through the entry into force of the Treaty of Amsterdam in May 1999, the political criterion defined at Copenhagen has become enshrined as a constitutional principle in the Treaty on European Union. Article 6(1) of the consolidated Treaty on European Union stipulates that The Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States.' It is part of the obligations of Member States to respect these principles. Respect of these principles can be assured by the political procedure to this effect laid down within Article 7. It could be set up at the initiative of the Commission, European Parliament or Member States and includes prevention mechanisms and sanctions facing the Member State responsible.
EN Official Journal of the European Union CE 88/144

(2004/C 88 E/0152)

WRITTEN QUESTION P-3402/03

by Anna Karamanou (PSE) to the Commission

(11 November 2003)

Subject: ‘Cross amputation’ of sixteen-year-old in Sudan

A recent Amnesty International bulletin reports that a court in Sudan has imposed a sentence of ‘cross amputation’ (i.e. amputation of the right hand and the left foot) on a sixteen-year-old suspected of armed assault. If this judgment is upheld, it will be carried out forthwith.

The punishment of amputation is in essence torture and a brutal violation of human rights, while Sudan has ratified numerous conventions protecting human rights and condemning torture. Such sentences are not uncommon in a country in which the judicial system and the penal code have also incorporated provisions of Islamic law (Sharia).

What steps will the Commission take to exert pressure on the Sudanese Government to suspend the judgment concerned and abolish torture so that Sudan complies with the conventions on the protection of human rights to which that country is a signatory?

Answer given by Mr Nielson on behalf of the Commission

(10 December 2003)

The application of corporal punishment has been subject to repeated interventions with the Government of Sudan, in the framework of the EU-Sudan political dialogue, which includes human rights as one of the main components. The reaction of the Government in Khartoum has usually been elusive, pointing out that Sharia is and will be the legal basis in Sudan. This has also been confirmed, at least for the northern and central part of the country, in the Machakos Protocol of July 2002, an important milestone in the peace process, which the Union generally supports.

The Commission will ask its Delegation in Khartoum to inquire about the circumstances and details of the case referred to by Amnesty International, and bring the case to the attention of the Union Troika with a view to raising it during the forthcoming high-level mission to Khartoum in December 2003.
EN Official Journal of the European Union CE 78/662

(2004/C 78 E/0706)

WRITTEN QUESTION E-3872/03

by Alexander de Roo (Verts/ALE) to the Commission

(16 December 2003)

Subject: Impact of EU investment in the Júcar-Vinalopó water transfer

The agreement between the users of the Júcar-Vinalopó water transfer and the state company Aguas del Júcar S.A. of 13 July 2001 explicitly states that neither Spanish state investments, nor those of the EU, described as ‘rest of the investment’ will have any impact on item (c) of Clause III of the Agreement. This money will not be reclaimed from the users, neither in the form of water tariffs, nor repayments, nor operational costs, nor in any other way.

Does the Commission not believe that treating Community funding in this way runs counter to the following Community obligations: transparency in managing and applying European funds (recitals 26 and 57 and Articles 17 to 19, 34, 36 and 46 of Regulation 1260/1999 (1)); the ban on distorting competition within the internal market by means of state aids (EC Treaty Article 87); the protection of the Community's financial interests (EC Treaty Article 280); and the obligations on economic transparency and the need to take due account of the principle of recovery of the costs of water-related services (Article 9 and Annex III of Directive 2600/60/EC (2)?

On 2 June 2003, the Spanish state's own lawyers recognised the independence of the nature of public funds relative to the issue of including, within the regulation levies and water use tariffs, the monetary sums financed with European funds in water regulation schemes.

Furthermore, account needs to be taken of the fact that 35 hm3 per year, of a total of 80 hm3 planned for this water transfer, are intended for urban supply, for which it has been standard practice for years that the users repay the investment via the tariffs. In the case of the Alicantí and Marína Baja, the fresh supplies are basically designed to meet current rising tourist demand. This means that the Commission would be funding, on a no-return basis, the Spanish tourist industry. Can the Commission accept this situation?

Answer given by Mr Barnier on behalf of the Commission

(4 February 2004)

The Commission is collecting the information it needs to answer the question. It will communicate its findings as soon as possible.

(1) OJ L 161, 26.6.1999, p. 1.

(2) OJ L 327, 22.12.2000, p. 1.
EN Official Journal of the European Union CE 78/297

(2004/C 78 E/0299)

WRITTEN QUESTION E-3535/03

by José Ribeiro e Castro (UEN) to the Commission

(28 November 2003)

Subject: Humana Milchunion — infant health

The Israeli press reports that the German company Humana Milchunion, which manufactures a soya-based milk substitute for babies for the Israeli company Remedia, has acknowledged its responsibility for vitamin B1 deficiencies and mistakes in the quality control process for the product. The Israeli Health Ministry believes that the lack of vitamin B1 killed three infants and damaged the central nervous system of several more. For the moment, some 20 children in total are believed to be affected.

The same source reports that Humana Milchunion has acknowledged that an independent laboratory demonstrated that their ‘Super Soya 1’ formula contained only 29 to 37 micrograms of vitamin B1 per 100 g of product, although the label stated that the vitamin B1 content was 385 micrograms; furthermore, Humana Milchunion was apparently cooperating fully with the Israeli-German investigation of the case, and wished to see those responsible for the mistakes duly punished.

Remedia claims that the change in the formula must have been due to the mistaken conclusion that the soya itself must already contain sufficient quantities of vitamin B1, and that no further B1 needed to be added.

Apparently, the problem was initially detected in Israel, because Human Milchunion, despite planning to make the same change to the formula for all its products, began the changeover with their line of kosher products destined for the Israeli market, since they were particularly popular amongst orthodox Jews.

In view of the Israeli revelations, the German authorities have apparently already begun their own investigations of Humana Milchunion and the consumers its supplies.

The Commission:

— What information does it have as to the continued presence of this product on the European market?

— What measures has it taken or will it take to alert consumers to the possible risks they may be running, with particular reference to Jewish communities in which consumption of products of this kind is standard practice?

— What contact has it established with the Israeli Government and the companies in question?

Answer given by Mr Byrne on behalf of the Commission

(16 January 2004)

The Commission has received information from the German food authorities that the product concerned was exported only to Israel. In addition, the Commission contacted the Israeli authorities via the Commission Delegation in order to obtain from them information regarding possible redistribution of the product from Israel to Member States.

On the basis of this information the Commission has no indication that the product concerned was ever present on the Community market.

Even though the product concerned was not distributed in the Union, the Commission informed the Member States of this issue, thus allowing them to take the appropriate measures to inform consumers if necessary.
EN Official Journal of the European Union CE 78/813

(2004/C 78 E/0862)

WRITTEN QUESTION E-3436/03

by Antonio Di Pietro (ELDR) to the Commission

(20 November 2003)

Subject: Harmonisation of the European energy market

The company ‘Portovesme s.r.L’, located at Portovesme near Cagliari, is Italy's leading producer of non-ferrous metais, lead and zinc.

It is currently one of the most modern and integrated metallurgical plants in Europe, but in order to operate it needs large quantities of energy, which in Sardinia — in terms of lire — costs ITL 120-130 per kWh, whilst in other EU Member States, such as France or Germany, businesses in the sector pay the equivalent of ITL 50-60 per kWh.

Under these unfair conditions ‘Portovesme s.r.l.’ is no longer competitive and 1 500 workers may be laid off, a prospect which would be detrimental to the already critical employment situation in Sardinia.

Does the Commission not consider that such large-scale distortions of the market are caused by incomplete harmonisation in the energy sector? How does it intend to remedy this serious situation?

In addition to long-term solutions, is it possible to take specific action to support ‘Portovesme s.r.L’, in view of the special needs of island regions?

Answer given by Mrs de Palacio on behalf of the Commission

(16 January 2004)

According to the final report of the tenth (Italian) parliamentary Commission, which performed an extensive investigation on the status and perspectives of the energy sector, the reasons for the higher price of energy in Italy, in comparison with other Member States are in particular:

(a) a market that still lacks competition,

(b) the choice of more expensive fuels,

(c) the low conversion efficiency of power plants.

The action of the Commission has been focused on the first problem for several years, and two Directives (1) on this issue have now been adopted by the Council and Parliament, giving a strong impulse to the development of a single, efficient and competitive market throughout the Union, the internal electricity market. This in turn should, over a period of time, have a substantial effect in reducing the price differences for electricity among Member States. However, it is unlikely that price differences will disappear completely, because the remaining reasons concern national energy policies, which in conformity with the subsidiarity principle, are dealt with by each Member State.

(1) Directive 96/92/EC of the Parliament and of the Council of 19 December 1996 concerning common rules for the internal market in electricity, OJ L 27, 30.1.1997; Directive 2003/54/EC of the Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC — Statements made with regard to decommissioning and waste management activities, OJ L 176, 15.7.2003, which has to be implemented by Member States by 1 July 2004.
EN Official Journal of the European Union CE 84/249

(2004/C 84 E/0295)

WRITTEN QUESTION E-3621/03

by Antonios Trakatellis (PPE-DE) to the Commission

(5 December 2003)

Subject: Presence of chlophen in food produced in various regions of Greece

The published conclusions drawn from research carried out by Athens University and the Demokritos research centre have established the presence of chlophen in milk produce in various regions of Greece, such as Kozani and Aspropirgos.

In view of the danger associated with the presence of chlophen in food and the fact that these regions are industrial areas in which clophen discharges have been identified in the past, will the Commission say:

1. whether the competent authorities have carried out checks in the above regions,

2. what measures the Commission intends to take to test for the presence of clophen in food produced in the above regions, and

3. whether there will be a special control programme and, if so, when it will begin to operate? Should clophen be found in food and thus constitute a serious health hazard to consumers, what measures will the Commission take?

Supplementary answer given by Mr Byrne on behalf of the Commission

(7 April 2004)

As announced in the holding reply to this written question, the Commission requested the reports from research carried out by Athens University and the Demokritos research centre concerning the presence of polychlorinated biphenyls (PCBs) in milk produced in various regions of Greece. However, despite several requests to the competent authorities of Greece and the authors of the report, this information has not been received.

On the other hand, the competent authorities of Greece have informed the Commission that in accordance with Commission Recommendation 2002/201/EC of 4 March 2002 on the reduction of the presence of dioxins, furans and PCBs in feedingstuffs and foodstuffs (1), a national monitoring programme was initiated in 2003 for dioxins, furans and PCBs.

The analyses were performed in accordance with Commission Directive 2002/69/EC of 26 July 2002 laying down the sampling methods and the methods of analysis for the official control of dioxins and the determination of dioxin-like PCBs in foodstuffs (2) and Commission Directive 2002/70/EC of 26 July 2002 establishing requirements for the determination of levels of dioxins and dioxin-like PCBs in feedingstuffs (2).

The results of this monitoring programme have been provided to the Commission. They indicate that the levels of dioxins, furans and dioxin-like PCBs in food (including milk) of Greek origin are low. However, the competent authority of Greece indicated that the national monitoring programme did not include milk samples originating from the regions mentioned in the question. The competent authority of Greece made the commitment to include in the national monitoring programme for 2004 milk samples as well as samples of other foodstuffs produced in these regions. In the case where levels above the EU maximum levels are found, appropriate measures will be taken to avoid unacceptably contaminated foodstuffs entering the food chain.

(1) OJ L 67, 9.3.2002.

(2) OJ L 209, 6.8.2002.
EN Official Journal of the European Union CE 78/801

(2004/C 78 E/0850)

WRITTEN QUESTION E-3316/03

by Konstantinos Hatzidakis (PPE-DE) to the Commission

(10 November 2003)

Subject: EAGGF corrections

Could the Commission provide information on the level of corrections imposed over the last five years by the European Agriculture Guidance and Guarantee Fund, Guarantee Section, for each Member State of the European Union?

Answer given by Mr Fischler on behalf of the Commission

(6 January 2004)

Since its reform in 1995, clearance of accounts has comprised two separate procedures:

— an annual financial clearance procedure based on certification of accounts submitted by independent bodies;

— a compliance clearance procedure through which expenditure is recovered (by means of financial corrections) where Commission checks have found payments not effected in accordance with Community rules. Corrections relate to the 24 months preceding notification of the results of those checks to the Member State concerned (Article 7(4) of Regulation (EC) No 1258/1999 (1)). Financial corrections are made by Commission decisions.

The financial corrections made over the past five years were all decided under the reformed procedure and by means of the 15 Commission decisions resulting from compliance clearance (up to 23 July 2003, the date of the latest decision). A sixteenth decision is currently being prepared.

The total of EUR 2,27 billion recovered over that period breaks down as follows:

(euro) Member State Amount recovered Belgium 7 873 259,91 Denmark 32 415 872,67 Germany 106 099 916,44 Greece 519 551 784,76 Spain 474 884 455,96 France 325 740 770,28 Ireland 26 291 003,76 Italy 575 928 793,49 Luxembourg 403 570,23 Netherlands 11 737 138,74 Austria 938 528,59 Portugal 51 945 010,91 Finland 4 565 590,64 Sweden 3 185 416,91 United Kingdom 129 294 789,14 Total: 2 270 855 902,43

(1) Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy — OJ L 160, 26.6.1999.
EN Official Journal of the European Union CE 78/327

(2004/C 78 E/0344)

WRITTEN QUESTION P-3835/03

by Mihail Papayannakis (GUE/NGL) to the Commission

(8 December 2003)

Subject: Implementation of Directive 89/48/EEC

What action does the Commission intend to take in order to ensure that all EU Member States, including Greece, implement Directive 89/48/EEC (1), bearing in mind also the recent judgements of the Court of Justice of the European Communities in cases C-153/02 and C-313/01?

Answer given by Mr Bolkestein on behalf of the Commission

(15 January 2004)

In the Néri judgment (C-153/02) of 13 November 2003, the Court of Justice ruled that ‘an administrative practice under which degrees awarded by a university of one Member State cannot be recognised in another Member State when the courses of preparation for those degrees were provided in the latter Member State by another educational establishment in accordance with an agreement made between the two establishments, is incompatible with Article 43 EC’.

The issue at stake here is that of so-called ‘franchise agreements’.

The Commission has started several infringement proceedings, one against Italy and two against Greece, in which one of the objections raised is the fact that degrees awarded under franchise agreements are not recognised.

Another infringement proceeding is also under way against Germany for its refusal to authorise the use of university qualifications awarded under franchise agreements.

The Commission will examine how it can best make use of the Néri judgment in each of these procedures.

In the Morgenbesser judgment (C-313/01), also of 13 November 2003, the Court delivered its judgment on the rules which apply to access to the activity of ‘praticante avvocato’ (trainee lawyer), i.e. to the period of practical training which must be carried out before taking the aptitude test to practise as a lawyer in Italy. For admission to this activity, Italian law requires prior academic recognition of legal qualifications obtained in other Member States. The Court ruled that this requirement was incompatible with Community law when this period of practice comprised the pursuit of remunerated activities. The Court stated that in this case the principles to be applied are those arising from its own case-law based on Articles 39 and 43 of the EC Treaty. The national authorities are therefore obliged to compare the applicant's professional knowledge, as certified by his/her qualifications or acquired through professional experience, either in the Member State of origin or in the host Member State, with the professional knowledge certified by the qualifications required by national law. If the comparison reveals that these correspond only partially, the host Member State is entitled to require the person concerned to show that he/she has acquired the knowledge which is lacking.

The Commission will ensure that Italy complies with the Court of Justice case-law. The Commission is, of course, always prepared to examine any information on the existence of comparable situations in other Member States.

(1) OJ L 19, 24.1.1989, p. 16.
EN Official Journal of the European Union CE 88/441

(2004/C 88 E/0448)

WRITTEN QUESTION E-2859/03

by Mario Borghezio (NI) to the Commission

(26 September 2003)

Subject: Quantity of European funding for the Palestinian Islamic fundamentalist organisation Hamas

Since the European Union grants substantial funding to the Palestinian Authority, and at the recent summit at Riva del Garda it finally gave the go-ahead for the inclusion of the Palestinian organisation Hamas on the blacklist of terrorist movements whose funds should be frozen, can the Commission say how much European funding has been granted to Hamas directly or indirectly up until now?

Answer given by Mr Nielson on behalf of the Commission

(17 November 2003)

The Union has not entered into any contract with, nor granted any direct or indirect financial support to the organisation Hamas.
EN Official Journal of the European Union CE 88/320

(2004/C 88 E/0325)

WRITTEN QUESTION E-0230/03

by Helle Thorning-Schmidt (PSE) to the Commission

(4 February 2003)

Subject: Implications of enlargement for jobs of customs agents

Analyses show that almost 22 000 customs agents stand to lose their jobs in 2004; 20 000 of those lost jobs will be in the Central and Eastern European countries as a result of enlargement. Some customs agents are therefore already looking for other employment because they know that most of them will lose their jobs as of May 2004. This situation may give rise to a number of practical problems as customs agents are responsible for ensuring that both the EU's and the applicant countries' customs regulations are complied with as a condition of goods crossing the EU's external borders.

What steps will the Commission take to safeguard the EU's cross-border trade with the applicant countries through to 1 May 2004? Will the Commission take measures to provide customs agents with an incentive to remain in their jobs until enlargement takes place? Can the Commission envisage introducing an arrangement similar to the one that applied in 1992 for the transition to the internal market? If not, how will the Commission resolve this emerging problem?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(14 March 2003)

As the Commission has already indicated, in its reply to Mr Lisi's Written Question E-2488/02 (1), it does not intend to introduce an arrangement similar to the one applied in 1992 for the transition to the internal market. In its reply to the above Question, the Commission pointed out the options available to Member States under the Structural Funds and the guidelines adopted for State aid.

(1) OJ C 52 E, 6.3.2003, p. 179.
EN Official Journal of the European Union CE 78/162

(2004/C 78 E/0166)

WRITTEN QUESTION E-2755/03

by Glyn Ford (PSE) to the Commission

(15 September 2003)

Subject: Requirement for nationality to be listed on driving licences

A member of my constituency in the south-west of England has just received his new driving licence which states his place of birth, Ireland. He is concerned about this, having suffered discrimination because of his nationality throughout life, particularly in the 1970s when many people from Ireland living in England were victims of prejudice both at work and in many other aspects of their daily lives.

As a result of this, although proud of his Irish heritage, he would rather be identified as a citizen of the EU on his licence, to avoid further possible discrimination. What provisions does the Commission have to protect citizens of the EU who have suffered in this way? Are there any plans to amend the regulations concerning driving licences?

Answer given by Mrs de Palacio on behalf of the Commission

(27 October 2003)

Council Directive 91/439/EEC of 29 July 1991, on driving licences (1) foresees that the date and place of birth of the holder are mentioned on the driving licence. These entries are necessary in order to allow a precise identification of the holder by the public authorities, notably for enforcement purposes. The Commission does not intend to propose a modification of this provision.

(1) OJ L 237, 24.8.1991.
1.

Why, as of 14 December 2003, did neither the website of the National Council for Ethnic and Demographic Issues (NCEDI), which was opened on 1 October 2003, nor other websites referred to by the Commission in its answer of 16 June 2003 to Written Question E-1647/03 (1), nor the project website (www.cscbg.com) still not give the names of the members of the national Projects Steering Committee, which comprises representatives of the NCEDI and 3 5 Roma-related NGOs?