ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union CE 78/140

(2004/C 78 E/0144)

WRITTEN QUESTION E-2637/03

by Maurizio Turco (NI) to the Commission

(2 September 2003)

Subject: Refunds on exports from Member States to the Vatican City State of butter and other fats and oils derived from milk, milk products (code 0405) for 2000

In response to questions E-1477/03 and E-1480/03 (1) relating to refunds on exports of agricultural products from Member States to the Vatican City State (VCS), Commissioner Fischler stated on 21 May 2003 that the Commission was collecting the information it needed to answer the question and would communicate its findings as soon as possible.

The following supplementary data can be supplied in relation to the export of butter and other fats and oils derived from milk, milk products (code 0405):

(a) the European Commission's CATS (Clearance Audit Trail System) database shows that in 2000: — 125 000 kg were exported from Austria to the VCS with a refund of EUR 212 500,82, equivalent to aid of EUR l,70/kg; — 20 560 kg were exported from Germany to the VCS with a refund of EUR 34 952,01, equivalent to aid of EUR l,70/kg;

(b) the OECD (Organisation for Economic Cooperation and Development) database shows that in 2000: — 80 000 kg were exported from Austria and 14 400 kg from Germany to the VCS,

(c) This indicates that: — unwarranted aid of EUR 86 972,30 was paid on an additional 51 160 kg not shown in the OECD data;

Does the Commission not agree that the increasingly patent omissions and the discrepancies between the data from the different institutional sources seriously affect the credibility of these institutions and might be due to possible fraud against Community funds, or is it already able to discount this possibility of fraud?

(1) OJ C 70 E, 20.3.2004, p. 45.
EN Official Journal of the European Union CE 88/28

(2004/C 88 E/0030)

WRITTEN QUESTION P-1384/03

by Gian Gobbo (NI) to the Commission

(8 April 2003)

Subject: Turkish occupation of Iraqi Kurdistan

Following the outbreak of war in Iraq, Turkey has announced its intention of sending troops to occupy a 20-kilometre zone inside Iraqi Kurdistan, which enjoys semi-autonomous status. The NATO authorities have agreed to this decision. This military occupation — ostensibly on humanitarian grounds — is opposed by the Kurdish population and its political representatives, who have clearly rejected it on several occasions and plan to use armed resistance.

What is the Commission's position on what is yet another show of force by Turkey?

Could the presence of Turkish troops in Kurdistan not be a prelude to an annexation of territory there?

Does the Commission not think that such behaviour on the part of Turkey is incompatible with its status of an applicant country for accession to the EU?

Answer given by Mr Patten on behalf of the Commission

(21 May 2003)

The European Council has committed the Union to the territorial integrity of Iraq and respect for the rights of all Iraqis including those of its minorities. Furthermore, it called on all countries of the region to refrain from actions that could lead to further instability. In this respect, any unilateral Turkish intervention in Iraq would have to be considered in the context of Turkey's candidate status for EU accession.

The Commission is aware that Turkey has confirmed its commitment to the territorial integrity of Iraq and that the Turkish Parliament had authorised the possible deployment of troops in northern Iraq, in order to defend against attack on its territory, refugees influx and terrorist activities from PKK-KADEK. On 10 April the United States Secretary of State Colin Powell and Foreign Minister Abdullah Gul agreed that the United States would ensure the Iraqi Kurds did not take control of Kirkuk while Turkey could send a small group of monitors, to help prevent conflict. This arrangement was proposed as a means to contribute to the overall stability of the situation.
EN Official Journal of the European Union CE 88/117

(2004/C 88 E/0124)

WRITTEN QUESTION P-2854/03

by Rodi Kratsa-Tsagaropoulou (PPE-DE) to the Commission

(18 September 2003)

Subject: The MEDA Programme and women

At the part-session in February 2003 I tabled a question about the implementation of the First Regional Programme for the participation of women in economic and social life and development. Commissioner Christopher Patten assured me that it would be launched in 2004, since the identification and preparatory phase would end in April or May 2003.

In view of the above, will the Commission explain the reasons for this delay? Exactly what stage has been reached in drawing up the programme, since no invitations for the submission of proposals have yet been published? Will invitations for the submission of proposals be published forthwith so that the programme can be launched in 2004, as scheduled?

Answer given by Mr Patten on behalf of the Commission

(5 November 2003)

The identification/formulation phase which determines the priority areas of co-operation to be addressed in the course of the implementation of this important regional programme aiming at enhancing women's participation in the economic development of the MEDA region started in December 2002 and was completed in August 2003.

The next step consists of presenting the programme to the MED Committee. Once the decision is adopted (we anticipate it for the first quarter 2004), the call for proposals will be duly issued.

The information will be available on the EuropeAid Web site: (http://europa.eu.int/comm/europeaid/tender/index_en.htm).
EN Official Journal of the European Union CE 78/444

(2004/C 78 E/0466)

WRITTEN QUESTION E-2966/03

by Brian Simpson (PSE) to the Commission

(8 October 2003)

Subject: Spanish National Hydrological Plan: the impact of the La Brena dam project on the Iberian lynx and protected raptors

Is the Commission aware of the problems likely to be encountered by the Iberian lynx, the Spanish imperial eagle and other vulnerable species under the Spanish Government's National Hydrological Plan, in particular the La Brena dam project?

Can the Commission outline what plans it has to protect all the species under threat but in particular the Iberian lynx and the Spanish imperial eagle?

Answer given by Mrs Wallström on behalf of the Commission

(18 November 2003)

The Commission is aware of the La Breña II dam project in the province of Cordoba, in the Autonomous Community of Andalusia, in the South of Spain.

The Commission has opened an infringement procedure in relation to this project in order to ensure that the Community environmental law is properly applied.

The La Breña II dam project has been the subject of various exchanges of information and meetings between the Commission and the Spanish authorities. It should be noted that the Commission has received wide-ranging information in relation to this matter, from the Spanish authorities and different persons, associations and bodies, who have transmitted their points of view both in favour of and against this project.

It is important to note that, in the framework of this case, the Spanish authorities have asked the opinion of the Commission pursuant to Article 6.4 of Council Directive 92/43/EEC of 21 May 1992, on the conservation of natural habitats and of wild fauna and flora (1). The Commission is currently examining this request. It is foreseen that the Commission will shortly deliver its opinion in relation to this project.

(1) OJ L 206, 22.7.1992.
EN Official Journal of the European Union CE 84/248

(2004/C 84 E/0294)

WRITTEN QUESTION E-3575/03

by Michl Ebner (PPE-DE) to the Council

(5 December 2003)

Subject: EU Identity document for the disabled

Some 37 million citizens of the EU — or ten per cent of the population — suffer from some kind of disability. European Year of People with Disabilities which ends in a few weeks' time should provide a fresh impetus and achieve practical results in the fight for the equal treatment of disabled EU citizens so as to enable them to participate fully in all areas of life in future.

One step in this direction would be the introduction of a Europe-wide identity document for the disabled guaranteeing facilities and privileges regardless of nationality and making them readily available to all disabled persons. In my Written Question E-2173/02 (1) of 18 July 2002 I already pointed to the need for such an identity document for the disabled.

Since each Member State is free to determine the scope of the facilities and privileges accorded to the disabled, a uniform EU identity document for the disabled is needed. It should guarantee each disabled citizen of the Union the same rights in each country.

Will the Council answer the following questions:

— Has the EU already developed initial ideas about the introduction of an identity document for the disabled which is valid throughout the EU?

— If so, will it say what these ideas are?

— If not, does it not agree that an identity document for the disabled which is valid throughout the EU should be introduced?

Reply

(11 March 2004)

The Council recalls to the Honourable Parliamentarian that it is for the Member States to deal with identity cards.

The Council has repeatedly expressed its concern regarding the situation of People with Disabilities but has never discussed of the questions raised by the Honourable Parliamentarian.

(1) OJ C 277 E, 14.11.2002, p. 257.
EN Official Journal of the European Union CE 88/22

(2004/C 88 E/0022)

WRITTEN QUESTION E-1295/03

by José Ribeiro e Castro (UEN) to the Commission

(7 April 2003)

Subject: Cuba — political prisoners

There are reports that on 20 March 2003, the Cuban police arrested the writer and journalist Raúl Rivero, making that the third successive day of arrests of opposition leaders. When he was arrested, in the presence of his aged mother, he was apparently not even told why.

The economist Marta Beatriz Roque, who is the chairman of the Civil Society Association, Hector Palácios, the spokesman of the ‘Todos Unidos’ group, the economist Óscar Espinosa Chepe and some 60 other political activists in various other towns have apparently also been arrested.

These arrests are apparently on the basis of Cuban Government accusations that those being held were involved in a ‘conspiracy’ with the US Government.

Can the Commission answer the following:

— what information does the Commission have about the situation? How does the Commission view these arrests;

— what approaches has the recently-established Commission Delegation made to the Cuban authorities;
EN Official Journal of the European Union CE 78/175

(2004/C 78 E/0180)

WRITTEN QUESTION P-2823/03

by Françoise Grossetête (PPE-DE) to the Commission

(18 September 2003)

Subject: Annex to Directive 90/435/EEC

The success currently enjoyed by simplified joint stock companies (Sociétés par Actions Simplifiées (SAS)) creates numerous problems, particularly in the following circumstances.

The characteristics of this type of company do not appear in the annex to Directive 90/435/EEC of 23 July 1990 (1) (see p. 6 for the list of eligible companies).

Thus difficulties arise especially with cross-border leveraged buy-outs and takeovers of companies.

However, the SAS type of company is a continuation of the public limited company (‘société anonyme’ (SA)), which does figure in the annex to Directive 90/435/EEC.

Are the provisions concerning the SA directly applicable in the case of the SAS in the present context?

If not, will the Commission propose an amendment to the above directive or update its annexes?

Answer given by Mr Bolkestein on behalf of the Commission

(10 October 2003)

The scope of Council Directive 90/435/EEC of 23 July 1990 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States is defined in its Article 2.

According to this provision, the Directive applies to companies which:

— take one of the forms listed in the Annex to the Directive;

— are resident for tax purposes in a Member State;

— are subject to corporate tax without the possibility of an option or of being exempt.

In particular, the list refers to the following French companies: companies under French law known as ‘société anonyme’, ‘société en commandite par actions’, ‘société à responsabilité limitée’ and industrial and commercial public establishments and undertakings.

The French ‘societé par actions simplifiés’ (SAS) is not included in the list of the Annex. Neither does it have the legal form of one of the companies above mentioned. Thus, the Directive is not applicable to it.

The Commission adopted a proposal on 29 July 2003 (2), to amend Directive 90/435/EEC and in particular the list of companies to which it applies. Among the new entries in the list, the SAS is included. Thus, if the Council adopts this proposal, the SAS will enjoy the benefits of the Directive.

Moreover, the same issue concerns Council Directive 90/434/EEC of 23 July 1990 on the common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concernin companies of different Member States (3). The Commission services are currently working on a proposal to amend this Directive in order, inter alia, to extend its scope to the SAS.

(1) OJ L 225, 20.8.1990, p. 6.

(2) COM(2003) 462 final.

(3) OJ L 225, 20.8.1990.
EN Official Journal of the European Union CE 88/441

(2004/C 88 E/0447)

WRITTEN QUESTION E-2857/03

by Graham Watson (ELDR) to the Commission

(26 September 2003)

Subject: Seychelles

Is the Commission aware of recent murders in the Seychelles which are widely believed to be instigated by the Government?

What action has the Commission taken about these?

Answer given by Mr Nielson on behalf of the Commission

(5 November 2003)

The Commission is aware and concerned by rise in violent crime in the Seychelles which appears to be caused, at least in part, by worsening socio-economic conditions. It is also aware of claims of an involvement of the security forces of the Government but has no first-hand information to back this up.

If the Commission were to receive evidence of Government involvement in recent crimes, or if there were other indications of a worsening human rights situation, we would review our relations with the Seychelles.
EN Official Journal of the European Union CE 88/383

(2004/C 88 E/0390)

WRITTEN QUESTION E-2139/03

by Maurizio Turco (NI) to the Commission

(26 June 2003)

Subject: Violation of religious freedom and legal restrictions on the exercising of religious activity in Belarus

Mikhail Balyk, a Pentecostal evangelist, is refusing to pay a fine for conducting religious ceremonies of an unregistered religion, an activity that constitutes a crime under Belarusian law.

Balyk emphasises the fact that the state authorities have committed a number of procedural violations in drawing up the protocol against him: he was not in fact approached at the time of the illegal activity of which he is accused, and thus the authorities have no proof that he created or led an unregistered religious organisation.

Balyk and his lawyer, Nina Shavtsova, claim that the current legislation creates a vicious circle.

According to the new, more restrictive law on religion, which came into force last November:

(a) an organisation can be registered and function legally only when it is made up of at least 20 members; however, according to the administrative code, a religious organisation cannot conduct religious activity without being registered;

(b) only large national religious organisations, or those made up of a minimum of ten communities in at least four of the country's six regions, have the right to found monasteries, convents or other educational institutions for the exercise of religious activity.

New organisations must be registered and those already in existence have until 16 November 2004 to conform to the guidelines required by the new law and thereby be able to continue operating.

According to Article 19 of the new law, monasteries, convents and other monastic institutions must be made up of a minimum of ten participants, while educational institutions must have qualified bilingual (Russian and Belarusian) teachers.

At the current time very few Belarusian organisations are in a position to meet the law's requirements and thus be able to continue to conduct religious activity.

In view of the excellent relations that exist between the EU and Belarus in terms of economic and trade cooperation, can the Commission state:

— whether it is aware of these facts; and
EN Official Journal of the European Union CE 88/620

(2004/C 88 E/0639)

WRITTEN QUESTION E-1902/03

by Lord Inglewood (PPE-DE) to the Commission

(11 June 2003)

Subject: VAT and the European art market

Does the Commission agree with the conclusions of the study ‘VAT and the European Art Market’ published by the European Fine Art Foundation in 2003? If not, why not? In particular, will it submit a proposal for a single registration system, as proposed in that study?

Answer given by Mr Bolkestein on behalf of the Commission

(14 July 2003)

The greater part of the study ‘VAT and the European Art market’ is taken up by a detailed guide for art traders explaining the VAT obligations imposed by Member States. The Commission commends the European Fine Arts Federation for taking the initiative to collate and publish this information.

Following the adoption of the Directive on the VAT treatment of e-services (1) which is referred to in the European Fine Art Federation's study, the Commission is fully committed to the concept of the ‘one stop shop’ whereby traders would be able to fulfil their tax obligations in the Member State in which they are established. In this regard, the Commission has commissioned a major study into the obligations faced by taxable persons who wish to trade in their own and in other Member States. The conclusions of this study are currently the subject of a public consultation on the ‘Your voice in Europe’ (2) website. The Commission will take comments received on this consultation into account when drafting a proposal regarding the simplification of obligations, including registration obligations, which it intends to make in 2004.

(1) Council Directive 2002/38/EC of 7 May 2002 amending and amending temporarily Directive 77/388/EEC as regards the value added tax arrangements applicable to radio and television broadcasting services and certain electronically supplied services, OJ L 128, 15.5.2002.

(2) http://europa.eu.int/yourvoice/consultations/index_en.htm
EN Official Journal of the European Union CE 78/335

(2004/C 78 E/0353)

WRITTEN QUESTION P-3911/03

by María Valenciano Martínez-Orozco (PSE) to the Commission

(11 December 2003)

Subject: Discrimination against minors with regard to access to sporting federations in Spain

Article 2 of the Convention on the rights of the child lays down that children must be protected against all forms of discrimination in terms of their parents' or families' legal status and activities. Article 31 recognises the right of children to take part in cultural and recreational life on equal terms.

Article 24 of the EU's Charter of Fundamental Rights establishes the right of minors to protection and to the care necessary for their wellbeing.

Furthermore, the protection of the rights of children is enshrined as one of the objectives of the European Union in Article 3(4) of Title I of our future European Constitution.

In Spain, with a steadily rising immigrant population with minors of school age, for whom sport can provide an excellent means of integration into Spanish society, there are serious cases of discrimination against children with regard to their access to sporting leagues, in terms of administrative red tape or the refusal of the Sports Federations to allow them to join, because the situation of their families is irregular or is in the process of being regularised.

What is the Commission's view of this serious infringement of the fundamental rights of children discriminated against in terms of access to Spain's sporting federations?

Answer given by Mrs Reding on behalf of the Commission

(16 January 2004)

The Commission is fully aware of the difficulties mentioned by the Honourable Member concerning access for foreign children to sporting activities organised by certain federations not only in Spain but also in other Member States.

As some aspects mentioned by the Honourable Member come under Community law, the Commission is currently examining the regulations of sporting federations in all Member States in order to check whether they comply with the principle of non-discrimination. In fact, significant differences exist and the role given to the federations by the public authorities varies greatly from one Member State to another. It should be noted, however, that Community legislation concerning conditions of entry and residence (Directive on the status of long-term residents, adopted on 25 November 2003) is intended to grant equal treatment in terms of access to goods and services to third-country nationals legally resident in the European Union. This does not apply to foreigners in an illegal situation.

Once it has examined these regulations, the Commission will announce what action is to be taken if discrimination that is incompatible with Community law, and with the Charter of Fundamental Rights to which the Honourable Member refers, is taking place in a number of Member States.
EN Official Journal of the European Union CE 88/65

(2004/C 88 E/0071)

WRITTEN QUESTION E-2086/03

by Glenys Kinnock (PSE) to the Commission

(24 June 2003)

Subject: Situation of Christians in Egypt

Is the Commission aware of the persecutions faced by the Christian minority in Egypt? Converts from Islam to Christianity have, in particular, been reported to have been prevented from registering their change of faith on their passport, and thus from leaving the country.

Is the Commission taking any steps to ensure that there is freedom of worship for Egyptian Christians?

Answer given by Mr Patten on behalf of the Commission

(9 July 2003)

The Commission is aware of problems faced by the substantial Egyptian Christian community. The Commission has met with members of the Coptic hierarchy on several occasions to discuss them, and have also closely followed incidents involving violence against Christians.

On the issue of converts to Christianity and freedom of movement, the Commission is following this question up through its delegation in Cairo. Its preliminary information is that information on religion is not mentioned on passports, although this may arise in the case of identity cards.

As part of the Barcelona process, the Egyptian Government is committed to the fundamental principles relating to human rights and democracy. This is reflected in the text of the Association Agreement in the process of ratification. Questions relating to human rights, including religious freedom, are dealt with as part of the political dialogue between the Union and Egypt, in which the Commission plays its full part. Human rights were discussed at the Union-Egypt ministerial meeting on 16/17 June 2003.