WRITTEN QUESTION E-1646/01 by José Ribeiro e Castro (UEN) to the Council. East Timor: lack of justice as regards sentences for murder.
Date: 2001-06-12
Institutions: European Parliament, Provisional data
Subjects: EU relations, East Timor, human rights, impunity, penalty

C 40 E/70

Official Journal of the European Communities

EN

14.2.2002

How does the Commission assess Netherlands fisheries policy as described in the draft KPD for the
1.
Wadden Sea in the light both of the Habitats Directive, in particular the precautionary principle laid down
therein, and of the biodiversity action plan for fisheries (1), and does it consider that policy as sufficient for
enabling sea-grass and mussel beds in the Wadden Sea to recover?

2.
How does the Commission assess the continuation of current military activities in and around the
Wadden Sea, as provided for and described in the Wadden Sea KPD, in the light of Article 6(2) of the
Habitats Directive, which lays down a preventive approach to deterioration of habitat or the endangering
of a species in a designated (cid:145)special area of conservation(cid:146)?

3.
Does the Commission consider the assessment framework included in the KPD as adequate both for
accurately assessing the possible cumulative impact of a combination of plans and projects and for
evaluating new activities (cid:129) such as transferring the Valkenburg naval airbase to Den Helder (cid:129) in
accordance with Article 6(3) of the Habitats Directive, and if not how should the Wadden Sea KPD be
adjusted?

Does the Commission agree that the reference to compelling social

4.
interest in the assessment
framework is compatible with the reference in Article 6(4) of the Habitats Directive to (cid:145)imperative reasons
of overriding public interest(cid:146)? Will it consider its answer in the light of the infringement proceedings that it
has itself brought against the Netherlands government for inadequate incorporation of Article 6 of the
Habitats Directive into Netherlands environment protection law?

(1) COM(2001) 162.

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(3 September 2001)

The Commission is not aware of the draft Key Planning Decision (KPD) for the Wadden Sea (Third Policy
Making Document). For this reason the Commission is not in a position to answer the questions raised by
the Honourable Member. The Commission has launched an investigation in order to assess whether
permits for shellfish-fisheries and military activities in the Wadden Sea that have been granted by the
Dutch authorities are in conformity with Community law, in particular Council Directive 92/43/EEC of
21 May 1992 on the conservation of natural habitats and of wild fauna and flora (1).

As far as the fourth question is concerned the Commission is of the opinion that the reference to
(cid:145)compelling social interest(cid:146) in the assessment framework is not necessarily compatible with the reference in
Article 6(4) of Council Directive 92/43/EEC to (cid:145)imperative reasons of overriding public interest(cid:146) since the
Dutch criterion seems to be less strict than the criterion of the Directive. This question is already the
subject of an investigation concerning the conformity of the transposition of Directive 92/43/EEC into
Dutch law.

(1) OJ L 206, 22.7.1992.

(2002/C 40 E/068)

WRITTEN QUESTION E-1646/01

by JosØ Ribeiro e Castro (UEN) to the Council

(12 June 2001)

Subject: East Timor: lack of justice as regards sentences for murder

According to the international press, an Indonesian court has handed down prison sentences of between
10 and 20 months to six members of the militias which spread terror and murdered hundreds of civilians
in Timor following the referendum of August 1999, and who have been shown to have been involved in
the murders of three members of the United Nations staff, the American Carlos Casaeres, the Ethiopian
Samson Aregahegn and the Croatian Peril Simundze.

14.2.2002

EN

Official Journal of the European Communities

C 40 E/71

Those three murders led to the evacuation of all staff involved in humanitarian and peace actions in the
territory of East Timor and to widespread indignation and revulsion on the part of the international
community.

Also according to reports in the international press, the above militia members showed no reaction on
hearing the judgments against them and celebrated when their derisory sentences were announced, even
posing for press photographers.

These sentences followed another case in which one of the main leaders of the anti-independence militias,
Eurico Guterres, who has confessed to his involvement in massacres committed against civilians in the
territory of East Timor, was sentenced to three months in prison.

In view of the aid granted by the European Union to the Indonesian Government to support the transition
to democracy, and given that respect for and the protection of human rights in that country and the
ingredient for cooperation, can the Council say
establishment of the rule of law is considered a vital
whether it has taken up a position vis-(cid:224)-vis the Indonesian Government on the above sentences, which
offend the memory of the victims and bear no relation to any universal notion of justice?

Will the Council maintain the current framework of cooperation with the Indonesian authorities?

Reply

(8 October 2001)

The Union made clear, in its declaration of 10 May, its deep disappointment at the judgements against the
six persons involved in the killing of three international staff members of the UNHCR in Atambu, East
Nura Tenggara in September 2000. The Council has not commented specifically on the other cases cited
by the Honourable Member, but, in its conclusions of 14 May,
it underlined the responsibility of the
Indonesian Government to prosecute those who have violated human rights and international humani-
tarian law. It expressed concern that recent judgements did not seem to meet international standards of
justice and fairness. At the same time, the Council reaffirmed its support for a strong, democratic, united
and prosperous Indonesia. It encouraged the Government to strengthen further democracy and human
rights. The Council remains committed to building a closer relationship with Indonesia.

(2002/C 40 E/069)

WRITTEN QUESTION E-1649/01

by Elmar Brok (PPE-DE) and
JosØ Salafranca SÆnchez-Neyra (PPE-DE) to the Commission

Subject: EU delegation to the Gulf Cooperation Council in Riyadh

(12 June 2001)

The countries of the Gulf Cooperation Council are becoming increasingly important for the European
Union in all economic and commercial sectors. The total value of trade was € 51,5 billion in 2000,
compared to € 37 billion in 1999. Up to now the balance of trade has favoured the European Union. The
15 Member States have a considerable interest in ensuring that the six GCC states complete the customs
union they hope to set up by March 2005 as quickly as possible, so that the planned EU/GCC free trade
area can be carried into effect.

The EU has an interest in the continued stability of the region, to ensure the security of energy supplies to
the Member States.

On 23 April 2001 the GCC/EU Joint Ministerial Council met for the eleventh time in Manama, the capital
of Bahrain. European delegations, experts, business people and others consistently report, on their return
from GCC states, that the latter attach increasing importance to their relations with the EU. They have
complained for many years about the fact that the EU has not yet established a delegation at the GCC
headquarters in Riyadh. This is frustrating for those concerned, particularly the decision-makers in the
GCC states, and this failure to take account of local attitudes is counter-productive in terms of cooperation
with the EU.