WRITTEN QUESTION E-2293/00 by James Nicholson (PPE-DE) to the Council. Humanitarian aid to South Sudan.
Date: 2000-07-11
Institutions: European Parliament, Provisional data
Subjects: Sudan, common foreign and security policy, humanitarian aid, international human rights law

C 103 E/110

Official Journal of the European Communities

EN

3.4.2001

Answer given by Mr Liikanen on behalf of the Commission

(8 September 2000)

Germany notified its legal texts transposing Council Directive 89/106/EEC to the Commission between
1993 and 1995, under the references 94/4/D, 94/123/D, 95/379/D and 95/380/D. Aside from observa-
tions relating to the absence of a mutual recognition clause, which was subsequently rectified,
the
Commission found the transpositions to be in accordance with the provisions of the Directive.

In this context, it has to be recalled that the main objective of Directive 89/106/EEC is the establishment
and functioning of the internal market for construction products through the approximation of the laws,
regulations and administrative provisions of the Member States relating to such products. However, in
accordance with the principle of subsidiarity, the Directive foresees that responsibility for the safety of
buildings and civil engineering works remains within the competence of the Member States. It follows that
the decision to regulate or not for any of the essential requirements of the Directive (for example, that
relating to health, hygiene and the environment, which covers the release of toxic substances) is a matter
for the Member States themselves.

The Commission is aware that the Germany has transposed the relevant European legislation relating to
dangerous substances, in particular Council Directive 76/769/EEC of 27 July 1976 on the approximation
of the laws, regulations and administrative provisions of the Member States relating to restrictions on the
marketing and use of certain dangerous substances and preparations (1), as amended. However,
the
question of whether to go beyond these obligations and to regulate for a systematic assessment of
emissions caused by construction products is a matter for the German authorities rather than the
Commission.

For the above reasons, the Commission does not currently propose to initiate any measures against
Germany in respect of the application of the essential requirements of Directive 89/106/EEC.

(1) OJ L 262, 27.9.1976.

(2001/C 103 E/121)

WRITTEN QUESTION E-2293/00

by James Nicholson (PPE-DE) to the Council

(11 July 2000)

Subject: Humanitarian aid to South Sudan

Will the Council make a statement on its decision to end humanitarian aid to South Sudan and advise of
what representations it has made regarding alleged human rights abuses by the Sudan Government?

Reply

(9 November 2000)

The Honourable Member(cid:146)s attention is drawn to the fact that the Council has never taken a decision to end
humanitarian aid to South Sudan. However, in a declaration by the Presidency on 8 March 2000 the
European Union expressed its grave concern at the conditions imposed by the SPLM/SRRA on NGOs
working in southern Sudan, leading to the withdrawal of many of those organisations. It urged the SPLM/
SRRA to consider resuming negotiations with the NGOs as soon as possible with the objective of creating
conditions to enable the NGOs to carry out humanitarian operations unhindered and in accordance with
international humanitarian law.

As regards the human rights situation in Sudan, the European Union has in recent years regularly raised
the question within the Commission on Human Rights in Geneva and in other relevant United Nations
bodies and, since 1999, directly with the Sudanese authorities in the framework of the renewed EU-Sudan
dialogue. In particular, the renewed EU-Sudan dialogue meetings held to date have made it possible to
discuss frankly and constructively numerous topics relating to human rights in Sudan.