WRITTEN QUESTION E-0601/02 by Charles Tannock (PPE-DE) to the Commission. Compliance on the part of the Maghreb countries with their human rights obligations as defined in the EU Association agreements.
Date: 2002-03-05
Institutions: European Parliament, Provisional data
Subjects: Association Council (EU), EU relations, Maghreb, association agreement (EU), government violence, human rights

C 309 E/30

Official Journal of the European Communities

EN

12.12.2002

Answer given by Mr Monti on behalf of the Commission

(17 April 2002)

The Commission is aware that various questions have been raised recently as to the legality of the
behaviour of certain construction companies in the Netherlands and that the Dutch competition authority
is currently examining the matter.

It has no information liable to give rise to suspicions that the public procurement procedures relating to
the Schiphol rail tunnel and the Zuidtangent bus tunnel were not carried out in accordance with the
Community directives on public procurement.

The Commission takes the view that agreements between construction companies setting up a concerted
tendering system including compensatory payments restrict competition and, where such agreements are
liable to affect trade between Member States, violate Article 81(1) of the EC Treaty. In this context the
Commission would remind the Honourable Members that it has already adopted a decision imposing a
EUR 22,5 million fine on 28 Dutch construction-sector associations which had entered into an agreement
to coordinate their competitive behaviour in the context of public or private procurement by competitive
tendering or private contract (Commission Decision 92/204/EEC of 5 February 1992) (1). The Commis-
sion’s decision was upheld by the Court of First Instance (2) and the European Court of Justice (3).

The Commission takes the view that national rules providing for concerted tendering could violate
it cannot take a final position on the issue without knowing the detailed
Community law. However,
provisions laid down by such rules.

(1) OJ L 92, 7.4.1992.
(2) Case T-29/92 [1995] ECR II-289.
(3) Case C-137/95 P [1996] ECR I-1611.

(2002/C 309 E/035)

WRITTEN QUESTION E-0601/02

by Charles Tannock (PPE-DE) to the Commission

(5 March 2002)

Subject: Compliance on the part of the Maghreb countries with their human rights obligations as defined

in the EU Association agreements

Last year the Tunisian intellectual Mohammed Mouda was put on trial. In Algeria, the difficulties faced by
the government in resisting violent and extremist Islamicist groups notwithstanding, there are frequent
individuals with no
reports that
involvement with such groups.

the security forces are involved in the killing and abduction of

Is the Commission concerned that the Maghreb countries are failing to abide by their human rights
commitments as defined in the EU Association agreements, and, if so, will it give greater priority to this
issue in the future? In particular, will the Commission ensure that the most serious human rights abuses
are raised at the Association Council meetings? Can the Commission also indicate how frequently these
meetings take place?

Answer given by Mr Patten on behalf of the Commission

(17 April 2002)

The Commission is indeed aware that the human rights situation in the Maghreb region (though differing
according to each country’s circumstances and problems) is unsatisfactory and leaves much room for
improvement. It shares the Honourable Member’s view that the legitimate and necessary struggle against
terrorism cannot be allowed to justify or cloak unjustified attacks on fundamental freedoms.

12.12.2002

EN

Official Journal of the European Communities

C 309 E/31

The Commission defends human rights both in the political dialogue with the countries concerned and
through cooperation schemes.

Human rights issues, including individual cases, are raised at association council meetings with Moroccan
and Tunisian ministers, which normally take place every year. They also figure on the agenda of the
association committees, which normally also meet every year. The association agreement with Algeria was
only initialled on 19 December 2001 and has yet to enter into force, so human rights issues are raised by
the Union’s troika at
In the
communication it sent the Council in preparation for April’s Valencia conference of Euro-Mediterranean
foreign ministers (1), the Commission suggested stepping up the political dialogue with the Mediterranean
countries, including the Maghreb countries; it recommended that the ministers agree that questions related
to human rights and democracy be raised systematically in all contacts between the EU and the partners
with a view to promoting a structured approach to progress.

its regular (cid:1) normally twice-yearly (cid:1) meetings with that country.

In December 2001 the Commission adopted the European Initiative for Democracy and Human Rights
(EIDHR) Programming Document 2002-2004, which covers all non-member countries, including those of
the Mediterranean. The chief beneficiaries of
this initiative are non-governmental and international
organisations. The 29 target countries selected for the EIDHR in the period 2002-2004 include Algeria,
Tunisia, Israel and the West Bank and the Gaza Strip. Activities in these countries should focus on
democratisation, good governance and the rule of law.

The MEDA Programme, for which Algeria, Morocco and Tunisia are eligible, provides for cooperation on
judicial reform and women’s issues.

(1) SEC(2002) 159 final.

(2002/C 309 E/036)

WRITTEN QUESTION E-0609/02

by Erik Meijer (GUE/NGL) to the Commission

(5 March 2002)

Subject: Measures to prevent medicines containing contaminated ingredients from being supplied from the

EU to third countries on account of child mortality in Haiti

1.
Is the Commission aware that in 1995 the Dutch company Vos B.V. of Alphen aan den Rijn (part of
Helm AG of Hamburg) supplied glycerine contaminated with diethylene glycol (antifreeze) to Pharval in
Haiti, which used it as an ingredient in Afebril, a paracetamol-based antifebrile syrup, as a result of which,
in 1996, at least 60 children died of kidney dysfunction, and that legal proceedings in the Netherlands
relating to this case have been concluded by fining the company without any trial taking place?

2.
Is it a regular occurrence for raw materials to be supplied to Third-World countries from EU Member
States from which medicines can be manufactured but which do not comply with the requirements
applicable to the production of medicines within the EU?

3.
Can the Commission confirm the following statement made on 18 December 2001 by the
Netherlands Minister of Health in the national parliament: ‘Within the European Union … we worked on
the matter for a good while, and I have recently ascertained definitively that the European Commission is
not in favour of adopting European rules on it’, and her written statement of 4 February 2002 that the
Commission ‘only imposes rules regarding raw materials which are processed within the EU and does not
impose any requirements on non-active ingredients, auxiliary agents?’

Is the Commission aware of the guarantees for medicine ingredients called for by the World Health
4.
Organisation (WHO)
just as in the case of imports of pharmaceutical
products, businesses could only receive a licence if they applied GMP (Good Manufacturing Practice) and/
or GDP (Good Distribution Practice)?

in November 1997, whereby,