WRITTEN QUESTION No. 1051/98 by Jens-Peter BONDE to the Council. Abolition of border controls and derogations
Date: 1998-04-03
Institutions: BONDE, European Parliament
Subjects: Denmark, Ireland, United Kingdom, customs inspection, derogation from EU law

2. 10. 98

EN

Official Journal of the European Communities

C 304/163

Answer

(8 June 1998)

The European Union(cid:146)s common position on Cuba of 2 December 1996 states that in order to facilitate peaceful
change in Cuba, the Union will encourage the reform of internal legislation concerning political and civil rights,
including the Cuban criminal code. It is against this background, and at a technical level, that was organized the
mission  of  legal  experts  which  the  Commission  sent  to  Cuba  in  accordance  with  the  Presidency(cid:146)s
recommendations which the Council approved on 8 December 1997. The report on this mission will be analysed
by the Council and will constitute one of the elements to be taken into consideration at the next evaluation of the
common position which is due to take place in June 1998. In accordance with the provisions of paragraph 4 of the
common position, it is as the Cuban authorities make progress towards democracy that the Union will lend its
support to that process and will examine the appropriate use of the means at its disposal for that purpose.

As  for  the  second  question  put  by  the  Honourable  Member,  the  Council  would  like  to  point  out  that  on
24 February 1998 the Presidency made a declaration on behalf of the European Union in which it welcomes the
Cuban Government(cid:146)s decision to release immediately a certain number of prisoners in response to the Pope(cid:146)s
appeal  and  in  which  it  urges  the  authorities  to  liberate  and  fully  reintegrate  into  society  all  who  have  been
imprisoned  for  having  peacefully  expressed  their  political  views,  including  the  four  leading  members  of  the
Internal Dissidence Working Group.

(98/C 304/249)

WRITTEN QUESTION E-1051/98

by Jens-Peter Bonde (I-EDN) to the Council

(3 April 1998)

Subject: Abolition of border controls and derogations

How  should  Article  14  and  Article  62  be  construed  in  relation  to  each  other  and  how  does  the  Schengen
Agreement(cid:146)s timetable for abolishing border controls take effect in relation to Articles 14 and 62?

What is the difference between the Danish derogation and the UK and Irish derogation from Article 14?

Does Denmark also have derogations from the provision concerning the abolition of border controls?

Does the derogation from Article 14 also apply to the Kingdom of Denmark?

Answer

(4 June 1998)

As long as the Treaty of Amsterdam has not entered into force, the Council considers itself not a position to make
statements concerning the meaning of articles introduced by that Treaty.

(98/C 304/250)

WRITTEN QUESTION P-1085/98

by Jannis Sakellariou (PSE) to the Council

(31 March 1998)

Subject: Implementation of the Association Agreement with Tunisia

Although it has been ratified by the national parliaments and the European Parliament, and entered into force on
1 March 1998, the agreement between Tunisia and the European Union has not yet been implemented in the case
of  the  commitments  made  by  the  EU  in  the  agricultural  sector,  notably  with  regard  to  olive  oil,  because  the
Council has not adopted the required implementing regulation. Is this situation not likely to harm a partnership
that we have been steadfastly trying to encourage?