WRITTEN QUESTION E-2855/01 by Bertel Haarder (ELDR) to the Commission. Zimbabwe.
Date: 2001-10-17
Institutions: European Parliament, Provisional data
Subjects: Zimbabwe, aid policy, cooperation policy, development aid, food aid, government violence, humanitarian aid, international affairs, international sanctions

C 172 E/16

Official Journal of the European Communities

EN

18.7.2002

at future external border crossing points. In addition, funding was also provided to reinforce veterinary and
phyto-sanitary controls through the installation of laboratory equipment. Projects were also implemented
to assist the customs authorities.

Romania

PHARE support has been provided to strengthen border management under the 1999 and 2000
programmes. The PHARE 1999 border management programme (budget € 10,5 million) covered
elaboration of new management structures and policies for the border management services, staff training
and investment in equipment. The PHARE 2000 border management programme (budget € 18 million)
covered further development of training, communications systems and strengthening of mobility and
surveillance capacity of the border control services. Further support in this area is anticipated under future
PHARE programmes for Romania.

(2002/C 172 E/017)

WRITTEN QUESTION E-2855/01

by Bertel Haarder (ELDR) to the Commission

(17 October 2001)

Subject: Zimbabwe

In the light of Parliament’s resolution of 6 September 2001 on the situation in Zimbabwe (B5-0549, 554,
571, 581, 582 and 592/2001), will Commissioner Nielson:

8 ensure that ZANU-PF activists do not misappropriate humanitarian assistance and food aid for their

own use,

8 halt all development cooperation assistance granted via the government of Zimbabwe and its agencies,

8 initiate measures in relation to Zimbabwe under Article 96 of the Cotonou Agreement,

8 identify and freeze assets held by President Mugabe, his family and named close associates in EU

countries and closely associated countries,

8 institute a ban on entry to EU countries and closely associated countries by President Mugabe, his

family and named close associates?

Answer given by Mr Nielson on behalf of the Commission

(11 December 2001)

The General Affairs Council of 29 October 2001 decided, following a proposal from the Commission (1),
to invite the Government of Zimbabwe to attend consultations in accordance with Article 96 of the
Cotonou Agreement.

The Union expressed its concern about the deterioration of the situation in Zimbabwe, in particular in
respect to political violence, the preparation and organisation of free and fair elections, protection of the
freedom of the media, the independence of the judiciary and an end to the illegal occupation of properties.
The Union will raise these concerns in the course of the up-coming consultations, and will seek from the
Government of Zimbabwe undertakings to remedy the situation.

It would be premature to make a judgement on the outcome of the consultations with Zimbabwe before
they actually take place, in particular in respect to any measures that might be taken.

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Official Journal of the European Communities

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The Commission is not at present providing any humanitarian assistance or food aid to Zimbabwe.

Its development co-operation assistance consists on projects on HIV/AIDS prevention and control, basic
health and primary education for poorest kids. In its view, these types of projects should not be halted.

The possible application of ‘smart sanctions’ is not decided solely by a Member of the Commission, but by
the Community as a whole. These measures fall outside the framework of the Cotonou Agreement. The
Commission is now into Article 96 consultations within that Agreement, which does not envisage this type
of sanctions.

(1) COM(2001) 623.

(2002/C 172 E/018)

WRITTEN QUESTION E-2875/01

by Elly Plooij-van Gorsel (ELDR) to the Commission

Subject: New tax legislation in the Federal Republic of Germany

(22 October 2001)

On 7 September 2001 the law to curb illegal activities in the construction sector entered into force in the
Federal Republic of Germany. This law requires clients in the building sector to withhold 15 % of the gross
contract sum from payments to the contractor and transfer it to the German tax authorities. The amount is
intended as an advance payment in respect of any corporation tax, income tax and/or turnover tax payable
in Germany.

However, the tax office in Kleve, which is responsible for implementing the legislation in the case of Dutch
firms, has still not take any steps to ensure that the legislation can be implemented effectively. Not only are
there are no implementing directives, but the Kleve office does not have the manpower or facilities to
implement the regulations. It is unlikely that these problems can be resolved in the near future. Many
Dutch exporting firms therefore face financial and administrative chaos.

1.

Is the Commission aware of the situation?

Does the Commission share my view that the complex and unclear administrative obligations make

2.
it very difficult for Dutch firms to operate in Germany and are therefore distorting competition?

Does the Commission agree with me that unless clear implementing measures are forthcoming,

3.
enforcement of the legislation should be put on hold until the implementing directives are known?

Answer by Mr Bolkestein on behalf of the Commission

(21 December 2001)

1.
The Commission is aware of the Law of 30 August 2001 (German Federal Government Gazette,
Bundesgesetzblatt, Part I, p. 2267). At the Commission’s request the new Law no longer treats domestic
and foreign companies differently, in contrast to the earlier Law with similar objectives. The tax deduction
is to be applied only to payments made after 31 December 2001 as set out in new Law’s rewording of
Section 48 of the Income Tax Law (Einkommensteuergesetz).

2. and 3.
The Commission has received letters from foreign companies and is examining the facts they
contain to see whether the actual application of this new Law leads to indirect discrimination against
foreign companies. If necessary the Commission will take the necessary steps to eliminate measures that
are incompatible with the EC Treaty.