ddrg/super_eurlex huggingface dataset:
WRITTEN QUESTION E-0120/02

by Eurig Wyn (Verts/ALE) to the Council

(29 January 2002)

Subject: Cost of food safety measures to producers

The costs of Community measures taken in order to protect consumer health (tests for SRM and MBM) are considerable. Does the Council not think that the failure to harmonise regulations relating to costs incurred by the application of health measures taken at Community level lead to competition distortion within the Single market?

Would the Council therefore agree that it is necessary for Community harmonisation for public funding to cover these costs as an emergency measure to prevent them falling to producers and to prevent any distortion of competition.

Reply

(21 May 2002)

Regulation (EC) No 999/2001 of the European Parliament and of the Council on transmissible spongiform encephalopathies provides for tests to be applied strictly in all the Member States. The Regulation does not make provision for any financial intervention from the Community budget. However, a Community contribution of EUR 15 per test was decided on earlier under the Commission/Standing Veterinary Committee procedure, by way of specific measures to deal with BSE. This contribution from the veterinary fund is intended to cover the purchase of testing kits. Otherwise, the Member States take such measures as they deem appropriate under their own administrative arrangements, with due regard for Community rules.

Article 40 of Council Regulation (EC) No 1254/1999 on the common organisation of the market in beef and veal expressly provides that, unless stated otherwise, the EC Treaty articles on national aids affecting competition (Articles 87, 88 and 89) are to apply to the production of and trade in beef and veal. Specifically, this means that the Member States are under a duty to notify the Commission of any aid they grant in the sector and that the Commission must decide whether that aid is compatible with the common market.

However, the President of the Council emphasised early in January when the Presidency's priorities were submitted to the European Parliament's Committee on Agriculture that in the interests of strict compliance with the internal market rules, it would be a good idea for there to be increased harmonisation of the various support measures which Member States had brought in to combat the effects of BSE. However, the Council has not yet had the opportunity of giving its views on the matter, as the Commission has not submitted any proposal on the subject.
WRITTEN QUESTION E-0790/02

by Stavros Xarchakos (PPE-DE) and Ioannis Marínos (PPE-DE) to the Council

(22 March 2002)

Subject: Banning of a film in Turkey

The Associated Press reports from Ankara that the Turkish authorities have banned the screening of a Turkish film entitled Big Man, Small Love because it contains dialogue in Kurdish. The film was in fact partly funded by the Turkish Ministry for Culture, which issued the order not to show the film in cinemas because it considered that there was a problem with the inclusion of dialogue in Kurdish, despite the fact that Turkish subtitles were shown.

Is such a measure consistent with Turkey's conforming to standards of conduct befitting a European state? What action has the Council taken in the past when violations of intellectual freedom and gross infringements of democratic freedoms in Turkey came to light? In how many cases did Turkey rectify the situation and which cases were those?

Reply

(27 June 2002)

The Council refers the Honourable Members to the reply given on a similar subject raised in question E-426/02.
WRITTEN QUESTION E-0485/02

by Graham Watson (ELDR) to the Commission

(22 February 2002)

Subject: UK E-111 forms

It has been reported that Spain and France are refusing to accept E-111 forms that are more than a year old. This is unlawful and denies free treatment to those who are entitled to it.

Is the Commission aware of such practice, and what will it do to ensure that UK citizens' rights are not denied them in future?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(18 April 2002)

Under Article 22(1)(c) of Regulation (EEC) No 1408/71(1), a person staying temporarily on the territory of another Member State is entitled to receive urgently needed medical treatment during their stay. The expenses for the treatment are charged to the Member State where the person is insured.

The E 111 form issued by the person's Member State of insurance certifies that he/she is insured and entitled to receive benefits in kind during a stay in another Member State.

As for the length of time for which the person is entitled to receive medical treatment during their stay, the E 111 form states that the benefits in kind may be provided either between certain dates or indefinitely.

The British authorities decided to issue E 111 forms for an indefinite duration to persons who are insured by virtue of their status as national of a Member State and residence in the United Kingdom.

In accordance with the duty of sincere cooperation laid down by Article 10 of the EC Treaty and referred to by the Court of Justice(2), the institutions of the other Member States should not refuse, on grounds of duration of validity, E 111 forms issued for an indefinite duration submitted by British insured persons who reside in the United Kingdom.

The Commission will contact the national authorities concerned and keep the Honourable Member informed of future developments. The Commission would also request him to provide more details on any individual cases of refusal to the Commission, more specifically the Directorate-General for Employment and Social Affairs, so that it can look into them.

(1) Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, OJ L 74, 27.3.1972; amended and updated by Council Regulation (EEC) No 118/97 of 2 December 1996, OJ L 28, 30.1.1997.

(2) Case C-202/97 Fitzwilliam Executive Search [2000 ECR I-883, Case C-178/97 Banks [2000] ECR I-2005.
WRITTEN QUESTION P-0756/02

by Antonio Di Pietro (ELDR) to the Council

(19 March 2002)

Subject: Statements by Mr Bossi

The Italian minister responsible for institutional reform, Mr Umberto Bossi, has recently described the European Union as Stalinist and as a kind of Forcolandia (a colourful, pejorative term which suggests that the EU promotes acts which undermine the fundamental freedoms of the individual). Other government representatives share or at least endorse his deplorable views.

Mr Silvio Berlusconi, who is not only President of the Italian Council but also Italy's temporary Foreign Minister, attended the Lega Nord congress, where Mr Bossi repeated his accusations and invective aimed at the entire European Community. Not only did Mr Berlusconi not react to those accusations; he implicitly endorsed them through his silence and his smiling acquiescence.

Such behaviour on the part of leading representatives of the Italian Government may cast doubt on Italy's genuine desire to cooperate fairly in European integration.

In particular, such statements indicate that Italy might not facilitate the achievement of the Community's tasks and might encourage actively or passively measures which could jeopardise the attainment of the EC Treaty's objectives (Article 10 of that Treaty).

What action is the Council intending to take in order to clarify this state of affairs?

Joint answerto Written Questions P-0748/02, P-0756/02, P-0757/02 and P-0779/02

(26 June 2002)

The Council would inform the Honourable Member that it is not in the habit of commenting on statements made by political figures.
WRITTEN QUESTION E-0797/02

by Jeffrey Titford (EDD) to the Commission

(21 March 2002)

Subject: Common Fisheries Policy

Does the Commission have plans to extend the benefits of the Common Fisheries Policy to the Aegean, Baltic, Adriatic and Mediterranean Seas or the appropriate waters surrounding extra-European territories of EU members in the Caribbean Sea, Pacific, Indian and Atlantic Oceans?

If there are no such plans, please explain why.

Answer given by Mr Fischler on behalf of the Commission

(25 April 2002)

The Common Fisheries Policy applies to the waters falling under the sovereignty or jurisdiction of Member States in the Aegean, Baltic, Adriatic and Mediterranean Seas. It also applies to Community fishing vessels in all waters. It does not apply to the extra-European territories of Member States except for French overseas departments, as only those territories form part of the Union.
WRITTEN QUESTION E-0572/02

by Carlo Fatuzzo (PPE-DE) to the Council

(4 March 2002)

Subject: The plight of dogs in Bucharest

Romania has applied for membership of the European Community, which is based on law and the civic sense of the population.

Stray dogs are being treated in a barbaric way in Bucharest, in that they are rounded up and transported if they survive the journey to large-scale municipal kennels, where they are brutally killed by an injection of magnesium sulphate.

The method adopted by the Basescu city council to eliminate the stray dogs living in the city by catching them and killing them, after abandoning the previous policy of sterilisation, is ineffective, since it does not tackle the root causes of the problem. Mass sterilisation could remedy or at least contain the problem.

The Basescu administration is not infringing any Romanian law, but has adopted an ethically unacceptable approach, since Romania, in the context of its accession to the EC, should comply with Community legislation on the protection of animals.

Does the European Community not intend to ascertain whether the behaviour of the Bucharest city council and Romanian law are in line with the acquis communautaire, to which Romania will soon have to adhere as a candidate for accession to the European Union?

Reply

(26 June 2002)

At present there is no European Community legislation regulating the welfare of pet animals. Since the Commission is not considering any proposals at this stage, it is unlikely that the question will be dealt with before the completion of the accession negotiations; it will therefore not be covered by the acquis communautaire.

There is a Council of Europe Convention for the protection of pet animals. However, its general nature prevents it from regulating the problems raised by the Honourable Member.

Moreover, the Council is currently completing its examination of a proposal on the movement of pet animals, which is subject to the codecision procedure and on which the European Parliament has already delivered its first-reading opinion. This text, which deals only with aspects of animal health and non-commercial movement of pet animals, does not affect the measures taken by a Member State for reasons relating to public order.
WRITTEN QUESTION E-0559/02 by Glyn Ford (PSE) to the Council. Algeria and human rights.



Official Journal 229 E , 26/09/2002 P. 0105 - 0105



WRITTEN QUESTION E-0559/02 by Glyn Ford (PSE) to the Council (4 March 2002) Subject: Algeria and human rights How will the Council ensure that the assessment of the human rights situation in Algeria and compliance with Article 2 of the Association Agreement, when ratified, will become a separate agenda item at all meetings held under the Agreement? Joint answerto Written Questions E-0559/02 and E-0561 (26 June 2002) The Council, in accordance with the established practice in its political dialogues, and for as long as necessary, will put questions concerning the respect for human rights on the agenda for the political dialogue with Algeria, and on that for the Association Council.
WRITTEN QUESTION E-0941/02

by Bart Staes (Verts/ALE) to the Commission

(10 April 2002)

Subject: Language discrimination English native speakers

In its answer to question E-3572/01(1), the Commission states that it is of the opinion that the formulation native speaker or person with an equivalent knowledge is acceptable under Community law. Nevertheless, this formulation gives the impression that an employer is primarily seeking a native speaker. Under Belgium's equal opportunities policy it was decided some years ago, among other things, that references to gender (M/F) or age would no longer be allowed to appear in job adverts.

Does the Commission also feel that this ruling in Belgium is a better way of preventing discrimination and will it therefore be urging the Member States to ban completely the discriminatory formulation native speaker from job advertisements throughout the European Union?

Will it beforehand insist with its contracting parties that they are henceforward no longer to use the discriminatory term native speaker under penalty of cancellation of their contract with the Commission?

(1) OJ C 160 E, 4.7.2002, p. 144.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(31 May 2002)

The Commission is of the opinion that the phrase native speaker is not acceptable, under any circumstances, under Community law (see replies to the Honourable Member's Written Questions E-4100/00(1) and E-0779/01(2)). However, a requirement for perfect knowledge cannot be seen, as such, as illegitimate under Community law, provided that a very high level of knowledge of a particular language is necessary for the post concerned; the employer has to justify the need for this requirement. As the requirement for a perfect knowledge of a particular language is not, per se, contrary to Community law, the Commission does not intend to urge Member States to ban this requirement from job advertisements which require such a knowledge. However, the Commission recommends using a phrase such as perfect or very good knowledge of a particular language as a condition of access to posts for which a very high level of knowledge of that language is necessary.

The Commission will continue to use its powers to fight against any discrimination caused by a requirement for native speaker knowledge in job advertisements.

This also applies in its relations with its contractors.

(1) OJ C 174 E, 19.6.2001.

(2) OJ C 235 E, 21.8.2001.
WRITTEN QUESTION E-0168/02

by Emilio Menéndez del Valle (PSE) to the Council

(5 February 2002)

Subject: Inhuman treatment of the prisoners of war at the US base of Guantánamo

The Taliban and Al-Qaeda prisoners of war transported by the US authorities from Afghanistan to Guantánamo in conditions which clearly did not meet the criteria of humanitarian law are now being held in degrading and humiliating conditions of imprisonment which should not be inflicted on any human being.

Fortunately, on 20 January 2002 the British Foreign Secretary, Jack Straw, declared: Prisoners regardless of their technical status should be treated humanely and in accordance with customary international law. We have always made that clear and the Americans have said they share this view.

In addition, on 21 January 2002 the High Representative for the Common Foreign and Security Policy, Javier Solana, said on Spanish television that the treatment of these prisoners should be governed by the Geneva Conventions.

Nonetheless, from his statements of 20 January 2002 it appears that the US Defence Secretary, Donald Rumsfeld, does not share Jack Straw's view; furthermore, reports published on 21 January suggest that Mr Straw was subsequently corrected by his Prime Minister, Tony Blair.

Does the Spanish Presidency intend to undertake decisive action aimed at making the US Administration fully aware of the ideas and principles which Europe is proud to hold upheld by Mr Solana and Mr Straw?

Joint answerto Written Questions E-0168/02, E-0236/02, E-0239/02 and E-0263/02

(27 June 2002)

The Council confirms that it considers it important that every detainee be treated humanely in accordance with general standards of international law. The Council is not in a position to ascertain whether the conditions of detention at Guantánamo meet those standards solely on the basis of media reporting. President Bush made a public statement on the subject on 31 January 2002. The Council, however, does not have at its disposal the information necessary to judge correctly whether the detainees at Guantánamo must be regarded as prisoners of war. It would point out that Article 5 of the Third Geneva Convention of 1949 regarding the treatment of Prisoners of War provides that, in the event of doubt, a prisoner must be granted the protection of the Convention until such time as a competent tribunal can determine his status. In the interval, detainees must be treated humanely and receive proper medical care, clothing and food. The detaining power is, however, entitled to take such measures as are necessary to ensure the security of the facility and the detainees in accordance with international law.

The Council does not intend to send observers to Guantánamo. The Council welcomes the fact that the International Committee of the Red Cross has been granted full access to the detainees and will be in a position to exercise its mandate. The delegations of the United Kingdom, French, Spanish and Belgian Governments have also had access to their respective nationals detained at Guantánamo Bay.
WRITTEN QUESTION E-0700/02

by Ilda Figueiredo (GUE/NGL) to the Commission

(14 March 2002)

Subject: State-run Electronics and Telecommunications College

The state-run Electronics and Telecommunications College is a vocational school run by the Ministry of Education and situated in Lisbon, which was set up following under a cooperation agreement between Portugal and the Netherlands and has been in operation since 1990 in provisional premises.

Its main aim is to train electronics and telecommunications technicians whose qualifications are recognised by employers providing additional preparation for entry into higher education.

Given the electronics and telecommunications sector's expansion, virtually all of its 100 students enter the labour market on completion of their course, and are employed by leading companies in the sector.

The school's successful results and the fact that technicians are needed in this field have not been sufficient to ensure that new premises and additional teaching staff were made available or that the current project was extended to eventually cater for twice the current number of students, as would be necessary, given that the present 25 graduates per year are hardly sufficient to meet demand.

Will the Commission provide details of possibilities for funding the new facilities and the extension of the current training project at the Electronics and Telecommunications College in Lisbon?

Answer given by Mr Barnier on behalf of the Commission

(26 April 2002)

The type of project mentioned by the Honourable Member could be part-funded by the Structural Funds under measure 8 of the Education Operational Programme (PRODEP) and measure 3.8 of the Operational Programme for the Lisbon Region (PORLVT), both of which form part of the Community support framework for the Portuguese Objective 1 regions in the 2000-2006 period.

However, under Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(1) and Portuguese legislation, in particular the Decree-Law 54-A 2000, the national programming authorities are responsible for selecting projects. The Commission therefore invites the Honourable Member to seek more information on possible joint financing from the following: PRODEP III, Av. 24 de Julho 134-5o, 1399-029 Lisboa, and PORLVT, Rua de Artilharia Um No 33, 1269-145 Lisboa.

(1) OJ L 161, 26.6.1999.
WRITTEN QUESTION E-0602/02

by Concepció Ferrer (PPE-DE) to the Commission

(6 March 2002)

Subject: EU-Algeria negotiations for an association agreement

The EU is currently in process of negotiation with Algeria with a view to establishing an association agreement with that southern Mediterranean country.

The Barcelona Declaration of 1995 underlined the need to respect human rights and fundamental freedoms, to be treated as key criteria in international negotiations.

In Algeria, approximately 200 people are killed every month in conflict-related incidents, while there are thousands of cases of kidnapping and disappearance and restrictions on civil liberties are the order of the day.

In the framework of the negotiations for an association agreement, how does the Commission intend to monitor the human rights situation in Algeria, in implementation of the Barcelona commitments?

Answer given by Mr Patten on behalf of the Commission

(3 April 2002)

The human rights situation in Algeria was carefully monitored by the Commission during the negotiations on Euro-Mediterranean Association Agreement with that country and this will continue. Concerning the victims of the horrific violence that has scarred Algeria over the last ten years, the Commission believes that a distinction has to be made between the acts of terrorist groups, which are rightly put down by the Algerian authorities, and acts that, under cover of fighting terrorism, violate human rights and fundamental freedoms.

The only way to stop the spiral of violence is to open a broad dialogue with all the democratic forces in Algeria and implement political, economic and social reforms.

Article 2 of the Association Agreement initialled on 19 December 2001 lays down that respect for democratic principles and fundamental human rights as set out in the Universal Declaration of Human Rights should inspire the domestic and international policies of the parties and is an essential element of the Agreement.

The manner in which the two parties keep to this commitment will be discussed in the political dialogue that will be established once the Agreement comes into force. The dialogue will take place at two levels: ministerial, usually in the Association Council, and that of senior officials, through the usual diplomatic channels or any other means. The Commission will make full use of the dialogue to pursue the objectives set by Article 2.

Pending the entry into force of the Agreement, a regular political dialogue is taking place between the EU Troika and the Algerian government on an ad hoc basis. Human rights are always raised at these meetings.