WRITTEN QUESTION E-4062/00 by Patricia McKenna (Verts/ALE) to the Commission. Falun Gong.
Date: 2001-01-09
Institutions: European Parliament, Provisional data
Subjects: China, EU relations, UN international covenant, World Trade Organisation, government violence, human rights, right to justice, torture

C 318 E/18

Official Journal of the European Communities

EN

13.11.2001

1. What is the state of play in the infringement procedure initiated against the Belgian and Luxembourg
breweries?

2. When will the Commission give a definite answer as to whether or not it will bring formal charges
against the companies involved?

3. Will the Commission also shortly be initiating formal infringement procedures relating to breaches of
the rules on competition in the other Member States? If so, when?

Answer given by Mr Monti on behalf of the Commission

(19 February 2001)

In July 1999, inspections were carried out at the premises of Interbrew because of alleged infringements of
Article 82 (ex Article 86) of the EC Treaty (abuse of a dominant position). This case is pending and should
not be confused with the cartel case involving Interbrew, which concerns alleged infringements of
Article 81 (ex Article 85) of the EC Treaty. The inspections in October 1999 took place at the premises of
Alken-Maes and the Belgian brewers(cid:146) federation (CBB). No inspections were carried out at the premises of
Haacht and Martens.

1. and 2.
Interbrew, Alken-Maes, Danone (the parent company of Alken Maes at
infringement), Haacht and Martens.

On 2 October 2000, the Commission addressed Statements of Objections in the cartel case to
the alleged

the time of

On the same day, the Commission issued Statement of Objections to brewers in Luxembourg relating to
alleged infringements of Article 81 of the EC Treaty. This Statement of Objections is addressed to the
following Luxemburg brewers: Bofferding, Mousel-Diekirch, Battin and Wiltz.

they can consult

Formal proceedings for the infringement of the EC Treaty competition rules begin with the sending of
what is known as a (cid:145)Statement of Objections(cid:146). The Statement of Objections gives a detailed account of the
the competition rules have been
allegations made and explains why the Commission believes that
infringed. The addressees of the Statement of Objections have the right to defend themselves, which means
that
the
investigation. They may also produce evidence of their own, and may ask for a hearing at which they can
present
the
Commission will then decide whether it should impose the termination of the conduct at issue. The
Commission also has power to impose fines for infringement of the Community competition rules; the
level of the fine depends on the gravity and the duration of the infringement.

the relevant documents and make submissions on the current state of

is only following these and other procedural safeguards that

their defence orally.

It

The Commission is currently investigating beer markets in other Member States, involving French,
3.
Dutch, Italian and Danish brewers. Surprise inspections have been carried out in all these Member States.
These investigations are on-going and therefore the Commission cannot provide any information on the
possible outcome of these cases.

For further information,
2 October 2000 (1).

(1)

IP/00/1092.

the Honourable Member is referred to the Commission(cid:146)s press release of

(2001/C 318 E/019)

WRITTEN QUESTION E-4062/00

by Patricia McKenna (Verts/ALE) to the Commission

(9 January 2001)

Subject: Falun Gong

Falun Dafa, or Falun Gong, is a spiritual practice based on mediation similar to Taichi or Yoga which
improves people(cid:146)s physical and mental health. Falun Dafa practitioners in China have been widely
persecuted. Large numbers of Falun Dafa practitioners were arrested on 1 October 2000 on Tiananmen

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Official Journal of the European Communities

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Square as they were protesting peacefully, on China(cid:146)s National Day, against the repression of their
movement. Falun Dafa followers have been tortured, imprisoned and killed for merely practising this very
peaceful pastime. One 42-year-old woman was beaten to death while in police custody in Shangdong
Province in October 1999. She is one of 48 people who have died from beatings and torture because they
practice Falun Dafa. Falun Dafa has thousands of followers all over the world.

1.
As a supporter of China(cid:146)s entry into the World Trade Organisation, albeit subject to the human
rights clause, does not the Commission think that this widespread persecution constitutes a serious
obstacle to any further normalisation of relations with the People(cid:146)s Republic of China?

2. Will the Commission specify what measures it has taken, or intends to take, to put an end to this
blatant breach of international human rights conventions?

Answer given by Mr Patten on behalf of the Commission

(9 February 2001)

The Commission is committed to strengthening respect for human rights everywhere in the world. They
represent a central
issue in the European Union(cid:146)s relations with third countries. The Commission is
therefore following closely the human rights situation in China.

A bilateral dialogue on human rights was established between the Union and China in 1996 and in this
framework the Union has regularly raised (cid:129) and is committed continuing to raise individual cases of
concern, including cases involving Falun Gong practitioners. The issue was also raised during the last
round of the dialogue on 29 September 2000 in Beijing. The Union attaches importance to this human
rights dialogue, which is evaluated on an ongoing basis and focuses on translating political commitment
into concrete actions to contribute to the effective and full realisation of the human rights of all persons
under Chinese jurisdiction.

Furthermore, the Union has on several occasions undertaken formal dØmarches to express concern about
reports of torture and ill treatment of arrested followers of the Falun Gong movement, and the harshness
of sentences given to these members. The Commission has urged China to review harsh sentences imposed
on Falun Gong practitioners. In particular, the Commission has requested China to ensure that safeguards
of a fair trial, including adequate legal representation, are fully respected with respect to all individuals.

The Commission has repeatedly called on China to rapidly ratify, without reservations, the two United
Nations Covenants on Economic, Social and cultural Rights, and on Civil and Political Rights that
China signed in 1997 and 1998. These two Covenants, which include provisions on freedom of expression
and the right to a fair trial, remain the cornerstone for improving the situation of individual rights in
China, and the Commission urges China to comply with the spirit of
the Covenants even before
ratification.

The Commission believes that China(cid:146)s upcoming accession to the World trade organisation (WTO) will
contribute to an acceleration of reform that should also serve to boost the rule of law in China. The WTO
seeks to uphold the fundamental principles of transparency, non-discrimination, efficient administration
and independent judicial review. New and revised structures firmly founded on these principles should
contribute to evolution of China(cid:146)s economic, legal and social systems.