ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union CE 88/340

(2004/C 88 E/0346)

WRITTEN QUESTION E-1181/03

by Marco Pannella (NI), Emma Bonino (NI), Marco Cappato (NI), Gianfranco Dell'Alba (NI) and Benedetto Della Vedova (NI) to the Commission

(1 April 2003)

Subject: Arrest by the Vietnamese authorities of Montagnards suspected of supporting the Montagnard Foundation, of being Christians and of recruiting members for the Transnational Radical Party

The following Montagnards (Degar) have been arrested because they were suspected of supporting the Montagnard Foundation, of being Christians and of collecting the names of Montagnards wishing to join an NGO with consultative status at the UN (the Transnational Radical Party), which promotes the enforcement of human rights world-wide by non-violent means:

— at around noon on 28 January 2003: Y-Nen Buon Ya (24) and Y-Ne Buon Ya (27), from the hamlet of Buon Buor, Cu Jut district; Y-Ne Buon Ya has been tortured (beating and electric shock) in Cu Jut prison;

— on 29 January 2003: Y-Thim Eban (57) and Y-Seo Buon Ya (29), from Buon Kdun, Buonmathuot district; there has been no news of either of them since;

— on 12 February 2003: Y-Mul Buon Ya (39), from the village of Buon Cu Dlue, Cu Jut district: tortured in Cu Jut prison;

— around noon on 12 February 2003: Y-Ngoan Buon Ya (41), from the village of Buon Nui, Cu Jut district: tortured in Cu Jut prison;

— at around 3 a.m. on 13 February 2003: Y-Uen Buon Krong (27), from the hamlet of Buon Buor, Cu Jut district: detained in Cu Jut;

— on 24 February 2003: Y-Gedion Nie (42), from the hamlet of Buon Tong Ju, Krong Ana district: detained in cells at the former radio station in Buonmathuot, where he has been tortured;

— on 27 February 2003:Y-Put Hdok, from the hamlet of Buon Cuor Knia, Buon Don district: there has been no news of Y-Put Hdok since then.

In the light of the foregoing detailed information, would the Commission state:

1. what action it intends to take to establish and ensure that those responsible for these atrocities against Montagnards are duly tried and that the victims of their violence are freed immediately?

2. its view of the fact that the Vietnamese Government regards as a criminal act the exercise of an individual's political right to join an NGO with consultative status with Ecosoc and the UN, such as the Transnational Radical Party, which promotes the enforcement of international law on human rights by non-violent means?
EN Official Journal of the European Union CE 78/559

(2004/C 78 E/0594)

WRITTEN QUESTION E-3474/03

by Herbert Bösch (PSE) to the Commission

(24 November 2003)

Subject: Contracts with management consultants in Commission offices

Given that no final answer has yet been provided to Written Question E-0844/03 (1) of 18 March 2003 on contracts with management consultants, although eight months have now passed since it was submitted, can the Commission initially provide the following information:

— How many contracts have the cabinets of individual Commissioners concluded with management consultants since 2000, and what is their total value?

— What tasks were assigned to the management consultants?

— Why were Commission officials not called on to carry out these tasks?

— Can the Commission state whether these tasks cost less to carry out externally than if they are carried out internally, and provide figures to back this up?

— Has the Commission ever become aware of consultancy work being carried out to an unsatisfactory standard? What criteria does the Commission apply when assessing consultancy services?

— Has a consultancy contract ever proved damaging to the Commission, and, if so, to what extent?

Answer given by Mr Kinnock on behalf of the Commission

(5 February 2004)

The allocations to the Cabinets cover the organisation of meetings (heading A-7030) and appropriations for the employment of auxiliary agents, but do not cover consultants.

The principal heading, A-7002, and also headings A-7050 and A-7060 depending on the field of activity — some of which may cover the use of consultants — fall within the responsibility of the various Commission DGs and Services.

No Cabinets of Commissioners have concluded any contracts with consultants since 2000.

Members of the Commission may also use the services of special advisers, either without remuneration or using heading A-1113 for which EUR 300 000 has been allocated for 2004.

(1) OJ C 192 E, 14.8.2003, p. 220.
EN Official Journal of the European Union CE 78/442

(2004/C 78 E/0464)

WRITTEN QUESTION P-2916/03

by Marianne Thyssen (PPE-DE) to the Commission

(29 September 2003)

Subject: Community financial assistance for transnational producer organisations

Regulation (EC) 2200/96 (1) provides for Community financial assistance for producer organisations on condition that they have established an operational programme and set up an operational fund.

Operational funds are financed from producer contributions and Community assistance representing a maximum 4,1 % of the producer organisation's sales. The funding ratio is 50 %: 50 % in the case of national measures. That means that in such cases the operational fund represents a maximum 8,2 % of sales.

In the case of transnational measures the funding ratio is 60 %: 40 %. However, a problem arises here in so far as the percentage of assistance remains fixed at a maximum 4,1 %. That means in effect that the operational fund is restricted in the case of transnational cooperation, although it is precisely such cooperation that the regulation seeks to promote.

Does the Commission recognise this problem? If so, will it very shortly be taking measures to rectify this contradiction in the legislation by permitting a derogation from the maximum percentage of assistance of 4,1 % in the case of transnational producer organisations?

Answer given by Mr Fischler on behalf of the Commission

(5 November 2003)

In line with the commitments it has made to Parliament in particular the Commission has already devoted a great deal of attention to simplifying and clarifying the implementing rules for common organisation of the market in fruit and vegetables.

It has, in close consultation with Member States and interested parties, identified a number of problems to be tackled, including that raised by the Honourable Member, who correctly states that the present 4,1 % aid ceiling often makes it difficult in practice to apply a Community part-financing rate of 60 %.

The Commission is reflecting on possible solutions. The budgetary implications of various options will be examined and the budget neutrality requirement reflected in the proposal for amendment of Regulation (EC) No 2200/96 (2) that the Commission will be making to the Council in furtherance of the ongoing process of simplifying this particular market organisation.

Simplification will be carried out as quickly as the work programme of the Institutions involved permits.

(1) OJ L 297, 21.11.1996, p. 1.

(2) Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the markets in fruit and vegetables.
EN Official Journal of the European Union CE 78/318

(2004/C 78 E/0322)

WRITTEN QUESTION E-3769/03

by Roberta Angelilli (UEN) to the Commission

(11 December 2003)

Subject: Update on the use of funds from the Leonardo programme for the Massa municipality

In response to my previous question E-1067/03 (1) asking whether the Massa municipality had submitted projects and obtained funding under the Leonardo programme, the Commission stated on 8 May 2003 that Massa had not applied for such funding.

Will the Commission state, again in respect of centrally managed funds, whether any projects were submitted subsequently and, if so, what decision has been taken on them?

(1) OJ C 268 E, 7.11.2003, p. 151.
EN Official Journal of the European Union CE 78/27

(2004/C 78 E/0029)

WRITTEN QUESTION E-1289/03

by Elly Plooij-van Gorsel (ELDR) to the Commission

(4 April 2003)

Subject: Disruption of market access to the People's Republic of China for photographic products: specific import tariffs not complying with WTO agreements

Since 1997 the People's Republic of China has imposed an import tariff on photographic products, in the form of a specific duty calculated in renminbi per product unit (measured in square metres).

In connection with its accession to the World Trade Organisation China has undertaken to phase out this specific tariff and replace it with an ad valorem tariff. These commitments are set out in the bilateral agreement between the European Union and China and in the protocol on China's accession to the WTO. In January 2002, however, China announced that it would maintain the specific import tariffs on photographic products. This is not compatible with the WTO agreements.

As an illustration, in 2002 China committed itself to a 42 % ad valorem import tariff on rolls of 35mm film. However, in practice China has imposed a specific tariff of 15 5 renminbi per square metre. This has resulted in an effective ad valorem tariff of 89 %. This specific tariff thus exceeds the authorised limit.

1. Is the Commission aware of these specific levies per product unit on various photographic products?

2. Does it consider that this constitutes an illegal tariff barrier under China's obligations within the World Trade Organisation?

3. Has the Commission already made a complaint to the authorities responsible in China?

4. If so, what has been their reaction? If not, why not, and does the Commission intend to take action in the near future?

Answer given by Mr Lamy on behalf of the Commission

(8 May 2003)

1. The Commission is aware that China chose to opt for specific duties rather than ad valorem rates for a number of products, including photographic products. It should be noted that China's use of specific duties rather than ad valorem rates is not per se a violation of China's World Trade Organisation (WTO) obligations (even if China's commitments — the bound rates — are expressed using ad valorem values).

2. There would be a breach of China's WTO commitments when the use of specific duties leads in practice to rates higher than the bound ad valorem rates. Following contacts with some companies, this seemed to be the case for a few specific rates concerning photographic products in 2002.

3. At the end of 2002 and following contacts with some companies on this issue, the Commission has raised the problem both bilaterally with the Chinese authorities and in the context of the Transitional Review Mechanism. This is a WTO mechanism established in the context of China's accession, the objective of which is to review annually China's implementation of her WTO obligations. It has to be noted that this issue has also been raised by Japan, which appears to be China's trade partner with by far the main trade interest at stake regarding this issue.
EN Official Journal of the European Union CE 78/321

(2004/C 78 E/0329)

WRITTEN QUESTION E-3793/03

by Roberta Angelilli (UEN) to the Commission

(11 December 2003)

Subject: Update on funding for the city of Pisa under the Leonardo programme

In reply to my earlier question E-1070/03 (1) asking whether the city of Pisa had submitted projects and obtained funding under the Leonardo programme, the Commission said on 8 March 2003 that the city had not submitted any application.

As regards the proportion of funds managed centrally, can the Commission say whether any new projects have been submitted since that date and what the outcome was?

Joint answer

to Written Questions E-3765/03, E-3766/03, E-3767/03, E-3768/03, E-3769/03, E-3770/03, E-3771/03, E-3772/03, E-3773/03, E-3774/03, E-3775/03 and E-3793/03

given by Mrs Reding on behalf of the Commission

(15 January 2004)

Some of the funds awarded under the Leonardo da Vinci programme are managed decentrally by national agencies, in particular the transnational mobility projects, whose total budget takes up almost 40 % of the annual budget for the programme.

The Honourable Member should contact the national agency in Italy for further information on these projects: ISFOL, Via G.B. Morgagni 30/e, I-00161 Roma, tel. (+39-06) 44.59.01 fax (+39-06) 44.59.04.75.

With regard to the funds managed centrally by the Commission (pilot projects, thematic actions, language skills, transnational networks, reference tools), the search check for the municipalities of Ancona, Carrara, Firenze, Livorno, Macerata, Massa, Perugia, Pisa, Pistoia, Prato, Siena e Terni showed that none of them presented any proposals in the context of the 2003 Leonardo da Vinci call for proposals (selection completed in July 2003).

(1) OJ C 268 E, 7.11.2003, p. 151.
EN Official Journal of the European Union CE 84/289

(2004/C 84 E/0335)

WRITTEN QUESTION E-4046/03

by Raffaele Costa (PPE-DE) to the Commission

(12 January 2004)

Subject: Software and filtering systems

In October 2000, the European Commission issued, in connection with the programme relating to safe use of the Internet, a call for proposals for projects to demonstrate filtering software and services, with a budget allocation of EUR 5 million. Can the Commission reveal which companies were awarded this contract and the amounts allotted to them? What results have been achieved?

Answer given by Mr Liikanen on behalf of the Commission

(24 February 2004)

Information about all projects funded by the Safer Internet Action Plan, including the funding per project and the names of the beneficiaries, can be found on the Europa Web site at (http://europa.eu.int/iap).

The results of those filtering projects which are completed are archived at this site.

Four out of five of the first group of projects have given rise to results which are being developed further by the partners. The ICRAsafe (1) project produced a new content rating system with the backing of major industry players. A number of advanced filtering products developed by the projects are expected to be released in the near future.

(1) Internet Content Rating Association.
EN Official Journal of the European Union CE 78/470

(2004/C 78 E/0494)

WRITTEN QUESTION E-3138/03

by Mihail Papayannakis (GUE/NGL) to the Commission

(23 October 2003)

Subject: Atmospheric pollution in Thessaloniki

According to information recently published by the Greek Ministry for the Environment, Regional Planning and Public Works, levels of nitrogen dioxide and sulphur monoxide were detected in certain parts of Thessaloniki during the past year which exceeded permitted levels on 111 and 105 days, two and a half times the limits set by the EU.

What concrete measures has Greece announced and what concrete steps has it taken up to now in cases where alert thresholds are exceeded, given that, under Articles 4 and 10 of Directives 1999/30/EC (1) (relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air) and 96/62/EC (2) (on ambient air quality assessment and management), the Member States are required to draw up a plan of action where the alert thresholds are exceeded and to inform the Commission thereof, and to draw up a list of minimum details to be supplied to the public together with the alert thresholds?

Answer given by Mrs Wallström on behalf of the Commission

(17 December 2003)

Article 10 of Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management requires Member States to forward to the Commission basic information concerning the levels recorded and the duration of the episode(s) of pollution no later than three months following their occurrence. The first Daughter Directive on air quality Council Directive 1999/30/EC of 22 April 1999, relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air defines alert thresholds for sulphur dioxide (SO2) (500 microgrammes per cubic metre μg/m3)) and nitrogen dioxide (NO2) (400 μg/m3), based on hourly averages, measured over three consecutive hours. No such reports on exceeding these threshold concentrations were sent to the Commission by Greece in the year 2002.

It is supposed that the concentration levels mentioned, exceeded on 111 and 115 days, refer to limit values set by Directive 1999/30/EC. As part of the annual report, Member States are obliged to report individual cases of excess but only regarding the level of limit value plus a defined margin of tolerance (which decreases yearly reaching zero at the attainment date, which is 2010 for NO2 and 2005 for other components regulated by Directive 1999/30/EC).

No exceeding of limit value plus margin of tolerance for SO2 and NO2 was reported by Greece for 2002. This does not rule out possible exceeding of limit values themselves. Limit values become legally binding at the attainment dates.

(1) OJ L 163, 29.6.1999, p. 41.

(2) OJ L 296, 21.11.1996, p. 55.
EN Official Journal of the European Union CE 78/362

(2004/C 78 E/0381)

WRITTEN QUESTION E-1230/03

by Freddy Blak (GUE/NGL) to the Commission

(2 April 2003)

Subject: Enhanced legal cooperation

Following a visit to a Danish national who is imprisoned in Spain, I now realise that European legal cooperation leaves much to be desired. The person concerned has been in prison since 28 November 2001 accused of murder. On 14 January 2002, the accused's lawyer sent an international court order to the Spanish Ministry of Justice, to be forwarded in turn to the Danish Ministry of Justice, with a view to summoning a witness for questioning. More than a year later, this international court order has still not left the Spanish Ministry of Justice.

It is appalling that such sluggish procedures can delay and prolong legal cases. To date, no formal charge has yet been made against the accused.

Will the Commission therefore say what initiatives it intends to take to enhance European cooperation in this field?

Answer given by Mr Vitorino on behalf of the Commission

(15 May 2003)

The Commission has no competence to intervene with regard to the detention by the Spanish authorities of a Danish citizen accused of murder to which the Honourable Member refers in his question, which falls entirely within the responsibility of the Member States concerned.

In the event that an excessive length of detention is regarded by the individual as a possible breach of his or her rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), he or she has — after all domestic remedies have been exhausted — the right to make an application to the European Court of Human Rights.

It should, also, be noted that the Commission currently is considering the question of pre-trial detention and alternatives to such detention at a European level. This initiative is based on the Programme of measures to implement the principle of mutual recognition of decisions in criminal matters (1). A Green Paper on this issue will be published later in 2003.

On 19 February 2003 the Commission also published a Green Paper on Procedural Safeguards for Suspects and Defendants in Criminal Proceedings throughout the Union (2). The Green Paper on Procedural Safeguards focuses on the right to legal assistance and representation, the right to a competent, qualified interpreter and/or translator, proper protection for especially vulnerable categories, consular assistance and the knowledge of the existence of rights (‘letter of rights’).

The 2000 Union Convention on mutual assistance in criminal matters will certainly contribute to the improvement of the transmission and execution of letters rogatory. It has, however, so far only been ratified by two Member States. It will enter into force after eight ratifications.

(1) In particular measures 9 and 10, OJ C 12, 15.1.2001.

(2) COM(2003) 75 final.
EN Official Journal of the European Union CE 88/601

(2004/C 88 E/0615)

WRITTEN QUESTION E-0978/03

by Roberta Angelilli (UEN) to the Commission

(27 March 2003)

Subject: Use of funds from the Culture 2000 programme by the municipality of Ancona

In September 2002, the monitoring committee of the Italian Ministry for Economic Affairs issued a report on the spending of EU funds.

The report reveals the alarming slowness and inefficiency with which EU funds are allocated to projects by some regional authorities.

The grave concerns about the inadequate use of European funds by local authorities have frequently been echoed by the Commission.

Bearing in mind that some local authorities, such as the municipality of Ancona, urgently need to use European funds to enhance the common cultural area in all its diversity and respecting all its traditions, nurturing creativity and professional mobility, and promoting access to and dissemination of art and culture,

can the Commission state:

1. whether the municipality of Ancona has submitted projects for the Culture 2000 programme?

2. whether the municipality of Ancona has secured funding for these projects?
EN Official Journal of the European Union CE 88/20

(2004/C 88 E/0020)

WRITTEN QUESTION E-1150/03

by Graham Watson (ELDR) to the Commission

(1 April 2003)

Subject: Seychelles

Recently, Colin Thelermont, after his escape from prison, was savagely tortured before being executed — a similar case in January 1999 ended with a summary execution.

As the Seychelles have ratified both the UN Convention on Torture and Other Cruel and Degrading Treatment or Punishment and the Convention against the Death Penalty (1 February 2002), what action does the European Union intend to take to make the Seychelles authorities face up to their responsibilities in this matter?

Joint answer

to Written Questions E-1148/03 and E-1150/03

given by Mr Nielson on behalf of the Commission

(6 May 2003)

The Community's relations with African, Caribbean and Pacific (ACP) States, as defined in the Cotonou Agreement, are based on respect for human rights and fundamental freedoms.

Measures taken to improve democratisation and good governance in the Seychelles include the provision of substantial support for the development and consolidation of non-state entities through a capacity-building programme for Civil Society (15 % of 9th European Development Fund (EDF) allocated as funds directly accessible to non-state actors). This measure is designated to build capacity of non-state actors allowing them to develop into a valued and constructive partner in Seychelles's development.

In addition, the Commission has taken a number of initiatives in support of the democratic process over the past years (e.g. Delegation presence at elections; discussions with leaders of the opposition in Brussels as well as in Seychelles, etc.).

Concerning an eventual action the Union could take with regard to the specific allegations of torture, the Commission will contact the local Presidency in the Seychelles.
EN Official Journal of the European Union CE 78/546

(2004/C 78 E/0577)

WRITTEN QUESTION E-3429/03

by Mario Borghezio (NI) to the Commission

(18 November 2003)

Subject: Eurostat scandal — unanswered questions

One of the main criticisms made by the Committee of Wise Men in 1999 and repeated in Parliament's resolution on the postponement of discharge to the Commission in respect of implementation of the general budget of the European Union for the financial year 1998 (A5-0087/2000, adopted on 13 April 2000 (1)) and recently stressed by the supervisory bodies dealing with the Eurostat case, referred to the lack of appropriate checks. Was somebody appointed specifically to carry out checks? Is there anyone inside Eurostat who may be considered responsible for the lack of comments made?

(1) OJ C 40, 7.2.2001, p. 381.