WRITTEN QUESTION P-3824/00 by Graham Watson (ELDR) to the Commission. The failure of certain states to implement the Hague Convention.
Date: 2000-11-29
Institutions: European Parliament, Provisional data
Subjects: child protection, family migration, international convention, parental responsibility

C 163 E/214

Official Journal of the European Communities

EN

6.6.2001

It might also be pointed out that, according to the German authorities, that country is BSE-free and no
case of the disease has ever been recorded.

This case demonstrates that the guarantees given by the German authorities are completely unfounded.

We have been witnessing a growing and increasingly worrying renationalisation of
agricultural policy.

the common

Health checks continue to be carried out by the national authorities, and Community inspections have
proved generally incapable of analysing the credibility of the various national systems with any degree of
accuracy.

As a rule, the European Union has declared an embargo on countries with the most cases of BSE. The
question arises as to whether such action is preventing the spread of this terrible disease, or whether it
merely penalises those countries which have been most rigorous in monitoring and combating it.

Can the Commission say:

(a) when BSE tests on cattle will be made compulsory in all the Member States?

(b) which animals will be subject to such tests?

(c)

to what extent experts from the Commission or from international bodies whose independence is
guaranteed will monitor these tests?

Answer given by Mr Byrne on behalf of the Commission

(9 January 2001)

Recently bovine spongiform encephalopathy (BSE) has been detected in three cows born in Germany, one
of which had been exported to the Azores in October 1998. In its opinion of 6 July 2000 on the
geographical risk of BSE it had been established by the scientific committee advising the Commission on
BSE related matters that in Germany BSE is likely to exist in the domestic cattle population despite the fact
that no BSE case was yet identified. Therefore Germany was assessed by this opinion to be in category III
(BSE likely but not confirmed). The discoveries did not come as a surprise, therefore, to the Commission.

Community legislation on BSE surveillance, which includes the requirement to examine all suspect animals
and a minimum number of samples from animals with certain clinical signs each year, has been in place
since May 1998. The practical implementation in the Member States has been assessed by a series of
inspections carried out by the Food and Veterinary Office of the Commission. The inspection reports can
be consulted on the Commission web-site.

In the light of recent developments in the BSE situation, the Commission has, among other measures,
extended the BSE testing to all bovine animals over 30 months entering the human food chain. Bovine
animals over 30 months of age, which die on farms, shall also be tested at random.

Only tests appropriately evaluated and approved can be used in the above testing programme. Sampling
and testing must be carried out in accordance with established methods and protocols. The testing will
again be monitored by the Food and Veterinary Office by regular inspections in all Member States. The
results of the testing shall be reported regularly to the Commission.

(2001/C 163 E/250)

WRITTEN QUESTION P-3824/00

by Graham Watson (ELDR) to the Commission

(29 November 2000)

Subject: The failure of certain states to implement the Hague Convention

Would the Commission please assure Parliament that it will investigate as a matter of urgency evidence
that states such as Monaco have failed to implement the spirit and aim of the Hague Convention, with
specific reference to cases of parental access to children where one parent is a resident in one of these
states and the other a citizen of a Member States, and will it agree to provide Parliament with regular
progress reports on this issue?

6.6.2001

EN

Official Journal of the European Communities

C 163 E/215

Answer given by Mr Vitorino on behalf of the Commission

(8 January 2001)

The Commission informs the Honourable Member that the control of the implementation of the Hague
Convention falls outside its competencies.

The Hague Convention on jurisdiction, applicable law, recognition, enforcement and co-operation in
respect of parental responsibility and measures for the protection of children of 19 October 1996, is no
the Community but an international Convention. The Commission has therefore no
instrument of
competence to control its implementation.

(2001/C 163 E/251)

WRITTEN QUESTION P-3825/00

by Avril Doyle (PPE-DE) to the Commission

(29 November 2000)

Subject: EU Fundamental Charter of Human Rights

Many commentators on the Charter on Fundmental Rights pointed out during the Convention process that
the budgetary implications arising from its adoption, the allocation of costs for implementing the Charter
at EU, Member State and social partner level, and the wider impact on European business competitiveness
have not been assessed by either EU institutions or by national parliaments.

Is there not a Treaty obligation on the Commission (Protocol 7 to the Amsterdam Treaty on the
application of the principles of subsidiarity and proportionality) to conduct a qualitative and quantitative
mpact assessment of the social and economic provisions of the Charter of Fundmental Rights?

Does the Commission agree that an impact assessment is required on on the basis of the Lisbon Summit
conclusions on compliance cost burdens?

Will the Commission undertake to carry out and publish such a study?

Answer given by Mr Vitorino on behalf of the Commission

(1 February 2001)

The Commission would point out that the obligations imposed on it by Protocol 7 on the application of
the principles of subsidiarity and proportionality (to which the Honourable Member refers), and in
particular by paragraphs 4 and 9 of the said Protocol, apply solely to its proposals for legislation. The
Charter of Fundamental Rights, which was drawn up in accordance with a special procedure at the
European Council(cid:146)s request and which is eventually to form part of the Union(cid:146)s primary legislation, does
not fall into that category.

As regards the substantive issue, the Commission is convinced that the visibility which the Charter confers
on fundamental rights, far from being an obstacle to the Union(cid:146)s economic development, is in fact entirely
favourable to such development, in line with the conclusions of the Lisbon European Council to which the
Honourable Member refers.

This approach was reaffirmed by the Nice European Council, which approved the European Social Agenda
for the next five years. According to the conclusions reached at Nice, this Agenda is an important step
towards reinforcing and modernising the European social model, a key feature of which is the indissoluble
link between economic performance and social progress.

In view of the foregoing, the Commission does not consider it necessary to carry out the study suggested
by the Honourable Member into the cost of compliance with the proposed legislation.