WRITTEN QUESTION E-0201/03

by Emilio Menéndez del Valle (PSE) to the Commission

(3 February 2003)

Subject: Gibraltarian police violence

On 20 January 2003, in the bay of Algeciras, whose waters Spain considers Spanish, Greenpeace activists carried out a peaceful demonstration against the single-hulled Maltese-registered oil tanker Vemamagna.

Public opinion in Spain and various other European countries is extremely sensitive to issues like this, thanks to the Prestige disaster, and all the more so now, thanks to the sinking of a barge carrying over a thousand tonnes of fuel in the very waters of the bay of Algeciras on 21 January 2003.

There was considerable media coverage of the Greenpeace demonstration. Reporters from El País, El Mundo, Tele-5, Antena 3, RTVE, Canal Sur and Associated Press were, in the course of their professional duties, violently harassed by the Gibraltarian police and arrested (in waters which are, to say the very least, the object of international legal dispute), and the Tele 5 reporter was punched by the Gilbraltarian policeman, as highlighted on the front page of El Mundo (21.1.2003).

Quite apart from the fact that the Member State of which Gibraltar is a dependency is unwilling to persuade Gibraltar that it has to apply Community directives on single-hulled tankers, it is rather surprising that one of the principles or values which distinguishes us as Europeans, namely respect for the freedom of expression enjoyed by those working in the media, should have been so fragrantly violated in Gibraltar.

Does the Commission intend to approach the Council, with enlargement under way, the moment could not be more opportune with a view to encouraging the Council to suggest to the Member State whose colony Gibraltar is that, for the sake of the Union's good name, that Member State's government should both respect this principle and ensure that it is respected?

Answer given by Mr Vitorino on behalf of the Commission

(27 March 2003)

The Commission recognises that the freedoms of expression and information are fundamental rights which the Union must respect under Article 6 of the Treaty on European Union. Moreover, these rights are asserted in Article 11 of the Charter of Fundamental Rights.

On the basis of these rights, journalists may inter alia exercise their profession without hindrance from the public authorities.

The Commission is not generally competent in the matter of fundamental rights flowing from the Treaty on the European Union and from the Treaty establishing the European Community. Where fundamental rights are infringed, it can take action only if the infringement falls within the scope of Community law.

With regard to the case in point, the infringement, if any, could impinge on the exercise by journalists of a right which they enjoy under Article 18 of the EC Treaty and, more particularly, of the right to move and reside freely within the territory of the Member States.

In order to assess the facts of the case, the Commission intends to ask the Member State in question how it views the incident referred to by the Honourable Member and what action has been taken.

The Commission will inform the Honourable Member of its assessment of the situation after receiving the replies of the United Kingdom authorities.