WRITTEN QUESTION P-2079/01 by Sebastiano Musumeci (UEN) to the Commission. Shipwreck in the Straits of Messina: recovery of bodies.
Date: 2001-07-03
Institutions: European Parliament, Provisional data
Subjects: EU migration policy, man-made disaster, maritime transport, trafficking in human beings, transport accident

14.2.2002

EN

Official Journal of the European Communities

C 40 E/181

Article 296(1)(b) of the EC Treaty only derogates from the application of EC law if the security interests of
the Member States are at stake. This exception to EC law must be interpreted strictly, and does not amount
to a general derogation for arms contracts from EC legislation on public procurement.

However, the Commission would stress that this Article is still important for certain strategic and highly
sensitive military equipment where the manufacture, purchase or sale of such equipment could in fact
undermine the security of a Member State. But, if all military equipment were removed from the 1958 list
to which Article 296(1)(b) applies, it would amount to emptying the provision of its meaning and to de
facto deleting paragraph 1(b). Furthermore, Article 296(2) stipulates that changes to the 1958 list are made
by (cid:145)the Council (cid:133) acting unanimously(cid:146) on a proposal from the Commission. It seems unlikely that all
Member States would agree to delete Article 296(1)(b) by deleting all military equipment from the 1958
list. Such a proposal from the Commission would therefore stand little chance of success and would not be
in accordance with the positions it set out in its communication of 1997 in which it recognises among
other things the special nature of the sector.

therefore proposing that Article 296(1)(b) be deleted;

The Commission is not
intends to
encourage the creation of specific instruments for armaments and to create the conditions for a single
European market in these products, rendering recourse to Article 296 redundant. The Commission(cid:146)s
that these
opposition to economic compensation for public procurement of arms reflects its belief
practices are out of place in a competitive market economy. Such practices will only disappear with the
introduction of a comprehensive European arms policy.

instead it

(2002/C 40 E/195)

WRITTEN QUESTION P-2079/01

by Sebastiano Musumeci (UEN) to the Commission

Subject: Shipwreck in the Straits of Messina: recovery of bodies

(3 July 2001)

In 1996, during the Christmas period, a vessel bound for Europe carrying 283 clandestine migrants of
Indian, Pakistani and Tamil origin was wrecked at sea off Sicily. None of the migrants on board escaped
the catastrophe. Recently, the wreck and the bodies of numerous victims have been identified by members
of the Portopalo fishing community.

Can the Commission undertake a humanitarian intervention in this matter in order to recover the victims(cid:146)
bodies, given that no national or regional institution in the Mediterranean region has proved willing to do
so?

What actions is the Commission promoting with a view to identifying the criminal elements which exploit
this and other tragic (cid:145)voyages to a better life(cid:146) undertaken by clandestine migrants hoping to reach the
coasts of southern Italy, recalling that those coasts are increasingly exposed to the arrival of clandestine
third-country migrants thanks to the failure of the Italian authorities to take the necessary preventive and
punitive action?

Answer given by Mr Vitorino on behalf of the Commission

(17 September 2001)

The Commission remember the humane tragedy, which took place in December 1996, when 283
clandestine migrants became victims of a wreckage at sea off Sicily. It is unfortunately not in a position to
commit itself to support the recovery of the victim(cid:146)s bodies of this incident.

Over the last five years many vessels of all sizes with clandestine migrants stranded along the shores of
Mediterranean Member States. Often at the risk of one(cid:146)s life clandestine migrants have been smuggled by
criminal networks, which habitually even sacrifice human beings in order to avoid apprehension. But also
other dangers of unsafe passages entail often victims among clandestine migrants.

C 40 E/182

Official Journal of the European Communities

EN

14.2.2002

It is therefore crucial to develop policies at the Union level to deal with the prevention of and the fight
against illegal
immigration and in particular also against criminal networks, which are involved. The
Council adopted in June 2001 a Directive defining the facilitation of unauthorised entry, movement and
stay and a accompanying Framework Decision on the strengthening of the penal framework to prevent the
facilitation of unauthorised entry and residence, which sets a frame for the prosecution of facilitators.
Moreover the Council also adopted a Directive supplementing the provisions of Art. 26 of the Convention
implementing the Schengen Agreement in order to further define the obligations of carriers. In December
2000,
the Commission adopted a Communication on combating trafficking in human beings and
combating the sexual exploitation of children and child pornography, which includes a proposal for a
Council framework decision on combating trafficking in human beings.

The Commission considers it important to initiate measures on illegal immigration as foreseen in Art. 63
3. b) (ex Article 73 K) of the EC Treaty as soon as possible. It intends, therefore, to initiate an in-depth
discussions in the framework of a future Communication on the common endeavour preventing and
fighting against illegal immigration, which will be tabled in the course of the next weeks.

(2002/C 40 E/196)

WRITTEN QUESTION E-2084/01

by Mar(cid:237)a Sornosa Mart(cid:237)nez (PSE) to the Commission

(13 July 2001)

Subject: Fervasa solid urban waste treatment plant in Quart de Poblet and Aldaia (Valencia region, Spain)

The Fervasa solid urban waste treatment plant, which is located in the municipalities of Quart de Poblet
and Aldaia, has been the subject of complaints to the relevant Spanish authorities on account of the
serious environmental problems which it is creating.

The plant, which treats 70 % of all the waste generated in Valencia Province, is failing to comply with
current regulations since:

(cid:129) it gives off unpleasant odours which can be smelt up to 5 miles away from the plant;

(cid:129) it produces excessive leaching on account of the fact that the compost fermentation area is not
properly covered and sealed, organic matter becomes mixed with slurry and waste is dumped on the
surface rather than underground, with the added problem that the leaching may be contaminating the
underground water;

(cid:129) it generates excessive airborne waste on account of the fact that the plant is inadequately sealed and

there is no processing pit;

(cid:129) it attracts many rats on account of the nature of the plant and the way in which the waste is treated;

(cid:129) it causes high levels of air pollution on account of the constant stream of lorries (240 per day)

bringing waste to the plant.

In these circumstances, it is particularly worrying that the Fervasa plant is located on the terraces of the
Poyo ravine and is directly linked to the protected areas of the Valencia water plain (in particular the
Albufera wetlands).

In view of relevant Community legislation relating in particular to pollution control, air pollution,
industrial risks and waste management, what action is the Commission intending to take in order to force
the Spanish authorities to comply with environmental regulations in the case of the Fervasa plant?