WRITTEN QUESTION E-2647/01 by Charles Tannock (PPE-DE) to the Council. The anomalous situation of non-EU nationals permitted to vote in UK elections.
Date: 2001-10-03
Institutions: European Parliament, Provisional data
Subjects: Commonwealth, EU visa policy, European election, Schengen Agreement, competence of the Member States, election, foreign national, right to vote

20.6.2002

EN

Official Journal of the European Communities

C 147 E/33

bringing in matters of reuse, the role of deposit systems and the associated internal market aspects should
be made the subject of a factual analysis, which has not been done sufficiently so far, and wider discussion.
The Commission is planning, however, to take just such an approach, possibly in the framework of the
Thematic Strategy on Recycling.

(1) OJ L 229, 30.8.1980.
(2) The Commission reserves the right to examine at a later date the question of the compatibility of the German
Regulation on packaging of 1998, particularly in terms of its justification in the light of environment policy and
other Community requirements, with regard to beverages other than mineral water.

(2002/C 147 E/030)

WRITTEN QUESTION E-2635/01

by Jillian Evans (Verts/ALE) and Eurig Wyn (Verts/ALE) to the Commission

Subject: Protection of minorities 1 closure of the Sorbian school in Crostwitz

(2 October 2001)

The regional government of Saxony (Germany) has announced the future closure of the Sorbian school in
Crostwitz. This school is one of the only two Sorbian schools where full education is given in the Sorbian
language (there are two other Sorbian-German bilingual schools in the region). The official argument
seems to be a lack of children to keep a class open, but it is difficult to understand why the authorities
have chosen to close a full Sorbian school rather than a bilingual one. There are special circumstances
where the minimum figures for classes do not apply (the classes for highly talented children in schools for
example) and such exceptions should be considered for the protection of minorities.

Does the Commission consider this attitude compatible with the European values of fundamental rights
and cultural and linguistic diversity? Has the Commission asked for any information from the German
authorities on this issue?

Answer given by Mrs Reding on behalf of the Commission

(6 December 2001)

Concerning the case referred to by the Honourable Member,
the Commission does not have any
information to suggest incorrect application of Community law or a serious and persistent violation within
the meaning of Article 7 (ex-Article 4) of the EC Treaty. It refers the Honourable Member to Article 149
(ex-Article 126) of the EC Treaty, according to which each Member State is responsible for the organisation
of education and for its linguistic diversity. The Commission would also point to the efforts made to
promote linguistic diversity, especially in connection with the European Year of Languages, and the
Community’s contribution to the flourishing of the cultures of the Member States while respecting their
national and regional diversity, in accordance with Article 151 (ex-Article 128) of the EC Treaty.

For more details, the Honourable Member is referred to the Commission’s answer to written question
E-2538/01 from Mr Modrow (1) on the same subject.

(1) See page 27.

(2002/C 147 E/031)

WRITTEN QUESTION E-2647/01

by Charles Tannock (PPE-DE) to the Council

(3 October 2001)

Subject: The anomalous situation of non-EU nationals permitted to vote in UK elections

Is the Council aware that non-EU citizens from Commonwealth countries who have for historical reasons
been allowed to vote in all UK elections (including European elections) are sometimes subject to visa

C 147 E/34

Official Journal of the European Communities

EN

20.6.2002

requirements when visiting other EU states (e.g. Indian nationals living in the UK who wish to travel to
France to visit their MEPs)? If so, and if the Council believes that it is appropriate for non-EU nationals to
vote in European elections, does the Council believe that this is an anomaly which should be addressed?

Reply

(1 March 2002)

With regard to voting rights, the Council would draw the attention of the Honourable Member to the Act
concerning the election of the representatives of the European Parliament by direct universal suffrage,
annexed to the Council Decision of 20 September 1976. Article 7 of the Act of 1976 contains the
following provision: ‘Pending the entry into force of a uniform electoral procedure and subject to the other
provisions of this Act, the electoral procedure shall be governed in each Member State by its national
provisions.’

As regards citizens of non-EU countries, Community law does not prevent a Member State from deciding
to grant such citizens resident in that Member State the right to vote in elections. It is not for the Council
to take a position on provisions that fall within the competence of Member States.

With regard to the visa situation, the Council can but remind the Honourable Member of the legal
situation under the terms of the Treaty. The establishment of a list of countries whose citizens are required
to be in possession of a visa when crossing the border of a Member State and of those whose citizens are
exempted from such requirement is provided for by Article 62 point 2b)i) of the Treaty establishing the
European Community. That list is contained in Regulation 539/2001 adopted by the Council in March this
year. India is one of the countries whose citizens do need to be in possession of a visa when crossing the
border of the Member States concerned by Regulation 539/2001.

Under the terms of the protocol on the position of the United Kingdom and Ireland annexed to the Treaty
establishing the European Community and to the Treaty on European Union, those two Member States
shall not participate in the adoption by the Council of measures falling under title IV of the EC Treaty
unless they notify, within three months of a proposal being presented to the Council, that they wish to
take part in the adoption of any such proposed measure. In the case of Regulation 539/2001, the United
Kingdom (like Ireland) did not notify a wish to take part in the adoption of the regulation. Thus Indian and
some other Commonwealth citizens are required to be in possession of a visa when entering the territory
of the Schengen States, while the United Kingdom and Ireland remain free to determine their own visa
regime in respect of such persons.

(2002/C 147 E/032)

WRITTEN QUESTION E-2651/01

by Frank Vanhecke (NI) to the Commission

(1 October 2001)

Subject: European arrest warrant

For some time, there has been much speculation within the European Union concerning the introduction
of a European arrest warrant. The recent attacks in the United States and the possible involvement of
accomplices residing within the EU 1 particularly in Hamburg 1 make this very topical.

However, at present there is no European criminal law on which the introduction of a European arrest
warrant could be based.

On what European legal basis could such an arrest warrant be introduced?