WRITTEN QUESTION E-0720/01 by Frédérique Ries (ELDR) to the Commission. Transnationally abducted children and the case of the Limet / de Brouwer children in Kenya.
Date: 2001-03-09
Institutions: European Parliament, Provisional data
Subjects: Belgium, Kenya, children's rights, custody, divorce, illegal restraint, judicial cooperation, parental authority

C 318 E/108

Official Journal of the European Communities

EN

13.11.2001

Even though fisheries and marine sciences were included in the Fifth R & D framework programme (1998-
2002), it appears that the Commission has entirely or partially excluded them from the draft decision on
the Sixth framework programme for research and technological development activities (2002-2006), the
final version of which is shortly to be submitted to the College of Commissioners for adoption.

Can the Commission confirm that fisheries and marine sciences have been excluded and, if so, explain
why?

If this sector is not to be excluded or is to be only partially excluded, can the Commission say to what
extent it will be covered in the Sixth R & D framework programme 2002-2006, and can it provide the
relevant budget estimates?

Can the Commission list the projects, investment and funding, by Member State, allocated to fisheries and
marine sciences under the Fifth R & D framework programme (1998-2002)?

Answer given by Mr Busquin on behalf of the Commission

(3 May 2001)

Fishing and the marine sciences are not excluded from the proposal for the 2002-2006 Sixth framework
programme for research and technological development.

As an activity needed for implementing a Community policy fishery research may benefit from specific
support under the activities covered by the heading (cid:145)Anticipating the Union(cid:146)s scientific and technological
needs(cid:146).

It is planned that these activities will be carried out on the basis of annual decisions in terms of both the
specific topics adopted and the means to be allocated to these, the choices being made in the light of needs
(cid:145)on the basis of the work of an internal user group drawing upon the advice of an independent
consultative body consisting of high-level scientific and industrial experts(cid:146).

The very nature of the procedure put forward for implementing that part of the framework programme
means that the monies allocated to researching the various areas cannot be determined in advance.

Certain aspects of the fishery and aquaculture research are, moreover,
carried out in the priority area (cid:145)Food safety and health hazards(cid:146).

involved in the activities to be

Since this concerns the priority (cid:145)Sustainable Development and Planetary Change(cid:146), this provides for research
into the marine sciences and oceanography.

In one case as in another it is not possible to determine in advance to any degree of accuracy what will be
the total amount of money spent on research into fishery and the marine sciences. Firstly that amount will
in any case depend upon the quality of the proposals received.

A list of the research projects relating to fishery and the marine sciences so far adopted under the current
1998-2002 framework programme, and the tables showing their distribution among the Member States,
will be sent direct to the Honourable Member and to the Secretariat-General of Parliament.

(2001/C 318 E/113)

WRITTEN QUESTION E-0720/01

by FrØdØrique Ries (ELDR) to the Commission

(9 March 2001)

Subject: Transnationally abducted children and the case of the Limet / de Brouwer children in Kenya

In 1994, Marie de Brouwer, a Belgian citizen, left Belgium to start a new life in Kenya and separated from
her husband and her three children.

The custody of the three children was awarded to the father, Olivier Limet and confirmed by the Brussels
Court of Appeal in 1997.

13.11.2001

EN

Official Journal of the European Communities

C 318 E/109

Since 9 August 1998, Mrs de Brouwer, who in the meantime acquired Kenyan citizenship, has refused to
return the children to their father and has prevented any contact between the children on the one hand
and their father and close relations in Belgium on the other.

The Belgian Courts have issued an international warrant for the arrest of Mrs de Brouwer and an
extradition order against her on the grounds of hostage taking. They have also condemned her to a jail
sentence.

The Kenyan authorities, through their attorney-general, have issued legal objections to the Belgian Courts(cid:146)
decision and have placed the children under the protection of the Kenyan Court.

Since the summer of 1998, the three children have not seen their father.

Could this case be raised in meetings with Kenyan officials at all levels and the Kenyan authorities be
invited to do their utmost to bring this matter to a satisfactory conclusion for all parties involved, in
accordance with the Convention on the Rights of the Child which states that every child has the right to
maintain direct contact with both parents if separated from one or both?

Answer given by Mr Vitorino on behalf of the Commission

(7 May 2001)

The Honourable Member refers to the right of the child who is separated from one or both parents to
maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary
to the child(cid:146)s best interests. This right is set out in Article 24 paragraph 3 of the Union Charter of
Fundamental Rights (1) which is based upon Article 9 of the United Nations Convention on the rights of
the child (1989).

It constitutes an expression of the general principle that the best interests of the child should be the
primary consideration in all decisions affecting him or her. Furthermore, a system of cooperation among
authorities for the return of children wrongfully removed has been set up under the Convention on the
civil aspects of international child abduction (1980). However, Kenya is not Party to this Convention.

The President of the Commission raised the issue of the Limet/de Brouwer children during the visit of
President Moi in Brussels in October 1999. However, the Commission has no basis in Community law for
pursuing this matter, and can only hope that the responsible authorities in Belgium and in Kenya reach
a satisfactory outcome.

(1) OJ C 364, 18.12.2000.

(2001/C 318 E/114)

WRITTEN QUESTION E-0721/01

by Konstantinos Hatzidakis (PPE-DE) to the Commission

(9 March 2001)

Subject: Athens Underground

In Greece it has been proposed that self-financing be used to pay for the construction of part of the
extensions to Athens Underground.

1.

Has Greece submitted plans to construct the Underground extensions using this method of funding?

2. What is the Commission(cid:146)s view on this matter?