WRITTEN QUESTION E-1913/00 by Armando Cossutta (GUE/NGL) to the Commission. Presence of asbestos in the European School in Luxembourg.
Date: 2000-06-16
Institutions: European Parliament, Provisional data
Subjects: European school, asbestos, building safety

3.4.2001

EN

Official Journal of the European Communities

C 103 E/35

prior authorisation issued by the Cypriot authorities at the Italian Embassy in Nicosia for transit to the
north, the group was refused permission, without prior notice and without any reasons being given, to
cross the (cid:145)green line(cid:146) separating Cyprus from the Turkish-occupied sector.

Can the Commission say whether it knows of any similar cases affecting European Union citizens and
whether it considers that such a practice is compatible with normal pre-accession partnership relations?

Can it also say whether, in view of Cyprus(cid:146)s accession to the European Union, it considers such restrictions
on the movement of Community citizens compatible with the principle of free movement of persons?

Answer given by Mr Verheugen on behalf of the Commission

(27 July 2000)

The Commission is informed of the incident mentioned by the Honourable Members. It has asked for
details both from its delegation in Nicosia and the Italian Embassy in Cyprus. It has also asked for an
explanation from the Cypriot Foreign Ministry.

The Foreign Ministry has replied as follows:

When the Italian Ambassador applied to the Cyprus Police (not to the Ministry of Foreign Affairs) for
permission to the said Group to visit holy places, including the St. Barnabas Monastery, in the Turkish
occupied part of Cyprus, the Cyprus Police implemented the policy of the Government for access of
persons to the occupied part. Basic element of this policy is to secure the protection of the rights of
the Cypriot State in relation to antiquities and of the Church of Cyprus in relation to holy places
belonging to the latter. Authorization for access to these places is according to Protocol 1 of the
European Convention of Human Rights an exclusive right and responsibility of their owners. The
Cyprus Government cannot behave in a manner which could be interpreted as violating these rights.

It is worth noting that at no point of time approval was granted by the Cyprus Police or any other
Cypriot authority for the visit of the Group to the occupied part of Cyprus.

The sensitivities of the Cypriot citizens who are denied access to the occupied part of Cyprus by the
illegal regime simply because they are not Turks, Turkish-Cypriots or foreigners should also be taken
into consideration. This is of course most relevant
the historic Monastery of
St Barnabas the founder of the Church of Cyprus.

for the case of

As the Honourable Members are aware, the result of the de facto division of the island into two strictly
separated parts is that the fundamental freedoms laid down by the Treaties and in particular freedom of
movement of goods, people, services and capital, right of establishment and the universally recognized
political, economic, social and cultural rights, cannot today be exercised over the entirety of the island(cid:146)s
territory. These freedoms and rights would have to be guaranteed as part of a comprehensive settlement
restoring constitutional arrangements covering the whole of the Republic of Cyprus.

(2001/C 103 E/038)

WRITTEN QUESTION E-1913/00

by Armando Cossutta (GUE/NGL) to the Commission

(16 June 2000)

Subject: Presence of asbestos in the European School in Luxembourg

In March last year, a specialist firm which had been asked to carry out an on-the-spot inspection found
traces of asbestos in some wall panels and piping in the European School(cid:146)s crŁche and kindergarten in
Luxembourg. On 7 May 1999 the Early Childhood Centre(cid:146)s management committee asked the Commi-

C 103 E/36

Official Journal of the European Communities

EN

3.4.2001

ssion, which manages the premises, to commission a second opinion, to seal off the asbestos found in the
panels and to carry out as soon as possible (cid:129) following the temporary evacuation of the children and staff
(cid:129) a thorough clean-up of the premises, including the replacement of the piping containing asbestos.

Since then, the only action taken has been surveys of atmospheric particle emissions, carried out by some
experts from the JRC in Ispra, and silence has enveloped the whole issue. Likewise, the Secretary-General
of the European Parliament has received no reply whatsoever to his request that a further expert opinion
should at least be obtained. Meanwhile, over a year later, the staff and children are still being exposed to a
serious health risk.

(cid:129) Does the Commission not agree that, in compliance with the precautionary principle, it is imperative

that practical steps be taken to put an end to this state of affairs?

(cid:129) Does it not agree, specifically, that provision should be made for the evacuation of the crŁche and
kindergarten and the carrying out of the work during the summer which is almost upon us, since in
this period there is a significant drop in attendance?

(cid:129) What political signal does the Commission think it is giving by ignoring (cid:129) in breach of all the

relevant Community legislation (cid:129) health and safety in the workplace?

(cid:129) Is this the policy which the (cid:145)new(cid:146) Commission installed by Romano Prodi intends to pursue?

Answer given by Mr Kinnock on behalf of the Commission

(7 September 2000)

The Commission naturally shares the concerns of the Honourable Member regarding the presence of
asbestos in the buildings accommodating the inter-institutional day nursery in Luxembourg.

The following actions have been, and are being, taken:

(cid:129) In April 1998 a thorough inventory of materials used for the building of the nursery revealed that, in
two of the three buildings, materials containing asbestos were used in construction. Measures were
consequently taken to conceal these materials in ways that prevent the freeing of asbestos into the air.

(cid:129) Air quality has been inspected on a regular basis by AIB Vincotte (the specialist body selected after a
call for tender) and, more recently, by the medical service of the Joint Research Centre (JRC) in Ispra
(ISO 9002 certified) in close co-operation with two research institutes of the JRC. The use of optical
and electronic microscope techniques has enabled these expert units to confirm that the air does not
contain asbestos fibres. In addition, a request from the services of the European Parliament for a
further expert opinion was replied to on 9 December 1999 and met without delay. The report of that
expert was consistent with the results of the work produced by AIB and the JRC.

(cid:129) Nevertheless, in implementation of the precautionary principle, the removal of asbestos from these
buildings is being planned with the owner of the building and with the Luxembourg authorities. A
first pilot test of the envisaged techniques will be organised in the coming weeks when the children
are absent in the Summer break. The planning of further works will be organised according to the test
results, and the relevant works should start as soon as possible. In parallel, the Commission is actively
looking for alternative buildings to accommodate the nursery while the asbestos is removed.

(cid:129) The issue has not been (cid:145)enveloped in silence(cid:146): The subject of the presence of asbestos in the
construction of the building accommodation of the CrŁche has consistently been on the agenda of
the CrŁche Management Committee meetings since early 1999. Between 2 and 4 representatives of the
Commission attend all such meetings and readily inform the participants from other Institutions at
those events, accompanied on some occasions by specialists in a particular area such as the Medical
Service. When requested, expert reports are distributed and specific meetings are organised with, for

3.4.2001

EN

Official Journal of the European Communities

C 103 E/37

instance, the Security and Hygiene unit. In addition representatives of the European Parliament are
present at the regular meetings which the Commission organises with the Landlord, the Public
Buildings administration of Luxembourg. On these and similar matters the Commission(cid:146)s contact
with Parliament is maintained through the Director General of Personnel in the European Parliament.

(cid:129) Health and safety in the workplace and where children are cared for have not been, and will not be,
ignored by the Commission. On the contrary, as the factual account set out above demonstrates,
diagnosis was undertaken without delay, remedial work was done, the situation has been closely and
expertly monitored, reports testifying to the absence of airborne asbestos have been produced by three
qualified bodies, information has been systematically provided to the Management Committee, and a
procedure for removing the asbestos (cid:129) without hazard to the children (cid:129) is being followed.

(2001/C 103 E/039)

WRITTEN QUESTION E-1922/00

by Nicholas Clegg (ELDR) to the Commission

(16 June 2000)

Subject: Dolphins

Can the Commission specify whether independent surveillance mechanisms are in place to ensure that the
danger of dolphins being caught in EU fishing fleet nets is strictly minimised?

Answer given by Mr Fischler on behalf of the Commission

(24 July 2000)

The Commission itself does not operate such surveillance mechanisms. It does, however, monitor Member
States(cid:146) enforcement of Community rules on fishing through its fisheries inspectorate.

Cetaceans are included within Council Directive 92/43/EEC of 21 May 1992 on the conservation of
natural habitats and of wild fauna and flora (1) and therefore Member States should enforce the
requirements of Articles 11 and 12.4 dealing with surveillance and monitoring of the fishing activities
associated with cetacean by-catch.
It is the legal responsibility of the fisheries control authorities of
Member States to police the rules and to ensure compliance with them.

The Community has also adopted Council Regulation (EC) No 1239/98 of 8 June 1998 amending
Regulation (EC) No 894/97 laying down certain technical measures for the conservation of
fishery
resources (2). This bans the use from 1 January 2002 of drift-nets, which have been associated with by-
catches of non-target species, including dolphins.

The Honourable Member will be aware that, at the Fisheries Council of 16 June 2000, the Member of the
Commission in charge of fisheries referred to the requirement to integrate fisheries and environmental
issues, including those associated with dolphins, and expressed his intention to facilitate and expedite this
process.

(1) OJ L 206, 22.7.1992.
(2) OJ L 171, 17.6.1998.