WRITTEN QUESTION E-0777/02 by Christopher Heaton-Harris (PPE-DE) to the Commission. The Paper Boy.
Date: 2002-03-18
Institutions: European Parliament, Provisional data
Subjects: EC Regulation, child labour, children's rights, delivery, newspaper, price increase, working conditions

6.2.2003

EN

Official Journal of the European Union

C 28 E/51

Answer given by Mrs Reding on behalf of the Commission

(29 April 2002)

Article 151 of the EC Treaty requires the Community to encourage cooperation between Member States in
the field of culture, including the conservation and safeguarding of cultural heritage, and, if necessary, to
support and supplement Member States’ actions in specific areas. This objective is being pursued through
the ‘Culture 2000’ framework programme to promote cultural cooperation in Europe.

Other than under the existing programmes and initiatives, the Community does not have the power to
take measures to safeguard the cultural heritage of the Member States or to establish an order of
classification at Community level. In accordance with the principle of subsidiarity, protection schemes are
the exclusive responsibility of the Member States.

As mentioned in the Commission’s reply to written question E-1560/01 (1), the Community, unlike the
Member States,
is not party to the United Nations Educational, Scientific and Cultural Organisation
(Unesco) 1972 Convention for the Protection of the World Cultural and Natural Heritage.

The Community does not have the authority to classify the Alps with reference to this Convention. Any
request for recognition as a world heritage site must come from a country that is party to the Convention.

In any event, the Commission would like to draw the Honourable Member’s attention to the fact that
classification as a heritage site is not necessarily synonymous with ensuring protection. In accordance with
the principle of subsidiarity, protection schemes are the exclusive responsibility of the Member States.

(1) OJ C 364 E, 20.12.2001.

(2003/C 28 E/055)

WRITTEN QUESTION E-0777/02

by Christopher Heaton-Harris (PPE-DE) to the Commission

(18 March 2002)

Subject: The Paper Boy

I received a note from my newspaper agent stating that as of 1 March 2002, there will be an increase in
delivery charges ‘due to new EEC Regulations which limit the weight of papers carried by any one child. It
is therefore necessary to use a car three times a week to assist in deliveries, and as we hope you will
understand this is not financially viable at the present rate’.

Is there such an EEC Regulation that is at the root of this price increase? Or is this a devious way to
increase prices while blaming someone else?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(18 April 2002)

Under Community Law, the work of children is prohibited. Article 1 of Council Directive 94/33/EC (1) lays
down that Member States shall take the necessary measures to prohibit work by children. Article 3(b)
defines a ‘child’ as any young person who is less than 15 years of age or who is still subject to compulsory
full-time schooling under national law.

Nevertheless, Article 4 of the Directive allows Member States to authorise the work of children in certain
restricted circumstances: children pursuing cultural or similar activities, children of at least 14 years of age
working under a combined work/training scheme, children of at least 14 years of age performing light
work other than in cultural or similar activities and children of 13 years of age for a limited number of
hours per week in the case of categories of work determined by national legislation. Article 4, paragraph 3,
specifies that Member States using this faculty must determine the working conditions relating to the light
work in question.

C 28 E/52

Official Journal of the European Union

EN

6.2.2003

Council Directive 94/33/EC is applicable in all Member States since 22 June 1996.

The situation referred to is not covered by the above-mentioned Directive nor is there any other
Community legal text dealing with the issue. There is therefore no new development at Community level
justifying, as of March 2002, the increase in delivery charges referred to by the Honourable Member.

(1) Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work, OJ L 216, 20.8.1994.

(2003/C 28 E/056)

WRITTEN QUESTION E-0791/02

by Stavros Xarchakos (PPE-DE)
and Ioannis Marínos (PPE-DE) to the Commission

(19 March 2002)

Subject: Banning of a film in Turkey

The Associated Press reports from Ankara that the Turkish authorities have banned the screening of a
Turkish film entitled ‘Big Man, Small Love’ because it contains dialogue in Kurdish. The film was in fact
partly funded by the Turkish Ministry for Culture, which issued the order not to show the film in cinemas
because it considered that there was a problem with the inclusion of dialogue in Kurdish, despite the fact
that Turkish subtitles were shown.

Is such a measure consistent with Turkey’s conforming to standards of conduct befitting a European state?
What action has the Commission taken in the past when violations of intellectual freedom and gross
infringements of democratic freedoms in Turkey came to light? In how many cases did Turkey rectify the
situation and which cases were those? What instructions does the Commission’s delegation in Ankara
follow when it discovers violations of the human rights and cultural identity of the minorities living in
Turkey?

Answer given by Mr Verheugen on behalf of the Commission

(29 April 2002)

The film ‘Big Man Small Love’ was banned in March 2002 by the Cinema, Video and Musical Works
Supervision Board, following a report from the police alleging incitement to ‘chauvinism, separatism in
relation to the ’so called’ Kurdish language’. Apparently, the police was offended by a scene in the film of a
bloody police raid on a Kurdish house. The ban is clearly not in line with the principles of freedom of
expression under the Copenhagen political criteria.

In the context of the political dialogue under the pre-accession strategy with Turkey, the Union regularly
raises matters of concern relating to the political criteria. It discusses general developments including
reforms but also individual cases. Moreover, the Commission reports on developments and progress in
fulfilling the Copenhagen criteria in its Regular Report. The last report was published in November 2001
and the next one is due in October 2002.

The Commission Representation in Turkey has the task of monitoring the political and other developments
in Turkey. In this context, it has established wide-ranging contacts in Turkey including with representatives
of public authorities, the private sector, non governmental organisations. The Commission is part of the
political dialogue mentioned above. In some cases it attends individual court cases in the field of human
rights in Turkey.