WRITTEN QUESTION E-1596/00 by Olivier Dupuis (TDI) to the Commission. Pre-trial detention.
Date: 2000-05-19
Institutions: European Parliament, Provisional data
Subjects: EU competence, France, detention before trial, economic offence, judicial cooperation in criminal matters in the EU

C 72 E/84

Official Journal of the European Communities

EN

6.3.2001

(2001/C 72 E/099)

WRITTEN QUESTION E-1591/00

by Isidoro SÆnchez Garc(cid:237)a (ELDR) to the Commission

Subject: Canary Islands transport network project

(19 May 2000)

Was consideration given to the Canary Islands(cid:146) status as an outermost region, as provided for in
Article 299(2) of the EC Treaty, when the Canary Islands transport network project, submitted by the
Directorate-General for Transport of the Government of the Canary Islands, was examined?

Answer given by Mrs de Palacio on behalf of the Commission

(11 July 2000)

The 1999 call for proposals in order to obtain transport subsidies (1) aims at the selection of the most
promising projects submitted for joint financing by the Commission. In this connection, that call sets out a
certain number of practical aims to be met by such projects, and these include,
in particular, safety
promotion, providing the Commission with deeper knowledge, acquiring statistical data in all areas of
transport, etc. The call (for proposals) also describes in detail the practical scope of those projects, the
results anticipated and the conditions under which they are eligible.

Outermost
location is well represented in several European transport policy activities, such as the
Community approaches to trans-European networks. However, in this call outermost location is not a
in order to be eligible,
principal selection criterion. Conversely the wording of the call stresses that,
projects must possess a significant European dimension and value. When the project submitted by the
Canarian authorities was assessed it was considered to be attractive, but its European dimension was
considered to be inadequate.

(1) OJ C 41, 16.2.1999.

(2001/C 72 E/100)

WRITTEN QUESTION E-1596/00

by Olivier Dupuis (TDI) to the Commission

(19 May 2000)

Subject: Pre-trial detention

On 6 July 1997 Jean-Jacques Pitalugue, Gilles Benhayoun, Jean-Luc Della Justina and Maxime Briat were
arrested for having produced colour photocopies of banknotes to a value of FF 20 800, some of which
were put into circulation (to a value of FF 3 500) despite their poor quality.

The men were arrested and charged and are currently being detained at Fresnes remand prison under a
detention order of limited duration dated 6 July 1997 and an order of 30 June 1998 extending their pre-
trial detention as from 6 July 1998, renewed again on 4 January 1999 as from 6 January 1999.

On 6 January 2000 all four accused were committed for trial at the Assize Court in the department of
Loiret on charges of forgery or counterfeiting of banknotes that are legal tender in France, by order of the
Orleans Indictments Division, although they were discharged on the count of conspiracy. The four accused
are now in their thirty-fifth month of pre-trial detention.

Does the Commission not consider that the criteria generally applied as regards the length of pre-trial
detention have not in fact been complied with in this case? If this is so, does it not consider that it should
intervene, within the framework of its new powers in the area of justice under the Amsterdam Treaty, to
secure compliance with reasonable periods for pre-trial detention and judgments or, failing that, the release
of defendants under Article 5(3) of the European Human Rights Convention?

6.3.2001

EN

Official Journal of the European Communities

C 72 E/85

Answer given by Mr Vitorino on behalf of the Commission

(3 July 2000)

The Commission shares the Honourable Member(cid:146)s view that preventive detention should be kept to the
absolute minimum necessary for reasons such as ensuring the accused(cid:146)s presence at his trial. However,
there is no Union legal instrument that lays down generally recognized criteria regarding the duration of
preventive detention.

If the rules the Honourable Member has in mind are those laid down in the Convention for the protection
of human rights and fundamental
freedoms, Article 5(3) of which the Honourable Member indeed
mentions, it must be pointed out that it is not for the Commission to take action in cases of alleged
violations of this Council of Europe Convention by a Member State of the European Union unless the
disputed act of the Member State has been taken within the scope of application of Community law and
therefore equally constitutes an alleged violation of fundamental rights as general principles of Community
law.

(2001/C 72 E/101)

WRITTEN QUESTION E-1605/00

by Alexandros Alavanos (GUE/NGL) to the Commission

(29 May 2000)

Subject: Sewer systems in Pendeli

The western part of the settlement of Pendeli (Mikri Kallithea) on one of the three mountain ranges
surrounding the Attica basin is still without a sewer system, and the needs of the local population are met
by septic tanks. However, owing to the steep gradient of the land the sewage spills into the environment
and small streams in the vicinity, and this has a number of adverse consequences.

Since this is causing serious health problems for the local inhabitants and widespread pollution of the
subsoil, and given that the previous Community Support Frameworks supported actions of this kind, will
the Commission say:

1.

Is it examining any practical proposals for the construction of a sewer system in the region; and

2. Does it intend to support such a measure should it be proposed?

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(11 July 2000)

In terms of Community law, Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water
treatment (1) requires Member States to ensure that all conurbations having more than 2 000 inhabitant
equivalents (cid:129) (an inhabitant equivalent (cid:129) IE (cid:129) is an organic-pollution measuring unit representing the
average pollution produced per person per day) to be provided with urban waste water collection and
treatment systems. The deadlines for providing those systems are 31 December 1998, 31 December 2000
and 31 December 2005, depending upon the size of the conurbation and the sensitivity of the recipient
waters.

The PendØli settlement (Mikri Kallithea) would seem to be located outside the Athens conurbation and to
be inhabited by less than 2 000 IE. This being the case Community law does not apply to that settlement.
The action to be taken in order to reverse the adverse effect on the environment of the discharge of waste
water falls within the powers of the Greek authorities.

financing under the next Community support

The Commission feels that the type of work referred to by the Honourable Member could be eligible for
framework for Greece during the 2000-2006
joint
structural-fund programming period. However, depending upon the principle of subsidiarity, the choice
of projects to be funded lies with the authorities in the Member State concerned.

(1) OJ L 135, 30.5.1991.