WRITTEN QUESTION E-0882/02 by Patricia McKenna (Verts/ALE) to the Commission. Algeria's refusal to issue visas to an EU technical committee.
Date: 2002-04-03
Institutions: European Parliament, Provisional data
Subjects: Algeria, EU initiative, EU visa policy, democratisation, draft budget, fact-finding mission, human rights, technical committee (EU)

C 229 E/154

Official Journal of the European Communities

EN

26.9.2002

make him confess to the theft of a handbag, is one of many cases involving children who have been
tortured and abused during their detention by the Albanian police. The non-governmental organisation
‘The Children’s Human Rights Centre of Albania’ states in its report that the police made extensive use of
torture to force minors to confess crimes. Furthermore, the children are afraid that if they bring charges
they will be subjected to further abuse.
It should be remembered that Albania has ratified all the
international conventions banning torture, including the Convention on the Rights of the Child.

Will the Council say whether it intends to bring pressure to bear on the Albanian government to take
urgent measures to safeguard and protect the rights of children in detention and to prosecute those
responsible and also whether it intends to call on the Albanian Minister of Justice to promote legislation
establishing a system for dispensing justice to minors?

Reply

(27 June 2002)

The Council has not been informed about specific cases of ill-treatment of children in detention in Albania.
However, the fight against torture is a strongly held conviction of all EU member states and a priority for
the EU’s human rights policy. The EU is resolved to strengthen its international activities towards
prevention and eradication of all forms of torture and other cruel, inhuman or degrading treatment or
punishment in all parts of the world.

To this end, the Council agreed in April 2001 the Guidelines to EU policy towards third countries on
torture and other cruel, inhuman or degrading treatment or punishment. The guidelines also mention the
need for special protection for children. They provide the EU with an operational tool for use in its
contacts with third countries and in multilateral human rights fora, in order to support and strengthen the
on-going efforts for global prevention and eradication of torture.

The Council is aware of the weaknesses in the Albanian judicial and penitentiary system. The subject was
already touched upon i.e. during the work of the High Level EU-Albania Steering Group, as documented in
the Commission’s report on the work of this body (1). The Albanian government has committed itself, in its
Action Plan for the negotiation period of
the Stabilisation and Association Agreement, adopted in
December 2001, to continue reforming the prison system, by fulfilling the legal requirements on the rights
and treatments of inmates, as well as to continue improving the Police ethics, through approving a new
code of Police ethics, establishment of a monitoring system on the behaviour of the Police at every Police
Directorate and constant training in the field of human rights. The Council expects that those reforms will
also improve the situation of minors.

The regular dialogues the EU has with Albania within the Stabilisation and Association Process provide
opportunities to verify the resolute pursuit of reforms to which the Albanian authorities have committed
themselves, as the country moves closer towards the common goal of European integration and closer
relationship with the EU.

(1) COM(2001) 300 final.

(2002/C 229 E/178)

WRITTEN QUESTION E-0882/02

by Patricia McKenna (Verts/ALE) to the Commission

(3 April 2002)

Subject: Algeria’s refusal to issue visas to an EU technical committee

Algeria has signed Articles of Association with the European Union, Article 2 of which states that: ‘the
respect of democratic principles and respect for basic human rights constitute an essential part of this

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Accord’. Only weeks after signing this, the Algerian State has refused to issue visas to a technical
committee of the EU (under the EIDHR programme) to oversee civil society representation in Algeria.

What is the Commission’s opinion on the fact that this has happened?

Does it intend to propose that the EU Association Agreement be rescinded unless visas are granted to EU
officials to oversee the fulfilment of this Agreement?

Answer given by Mr Patten On behalf of the Commission

(23 April 2002)

The Commission confirms that a team of its officials accompanied by a consultant had intended to visit
Algeria this February for the purposes of the European Initiative for Democracy and Human Rights
(EIDHR). This was to be a programming mission for title B7-7 of the budget, which finances the EIDHR.
Another mission, which did not concern human rights, was also planned.

Because the two teams were to visit Algeria for the purposes of aid or cooperation programmes, Algeria’s
mission to the European Communities asked for more time to prepare for them. The country’s embassy in
Belgium gave this as the reason for not issuing the visas requested by the Commission officials.

Further contacts between the Commission and Algeria’s mission to the European Communities helped
clarify the purpose of the mission to programme activities in support of democratisation and human
rights. It was agreed that the Commission delegation would visit Algiers in the latter half of April. The
Algerian authorities have given assurances that visas will be issued in good time.

The Commission therefore considers the matter closed.

(2002/C 229 E/179)

WRITTEN QUESTION E-0885/02

by Marjo Matikainen-Kallström (PPE-DE) to the Commission

(3 April 2002)

Subject: Definition of waste and by-products

In the EU framework Directive on waste (Directive 91/156/EEC) (1) waste is defined as any substance or
object which its owner has discarded, intends to discard, or is required to discard. The problem with the
definition is that it does not allow for processes from which two products are obtained. Ferrochromium
scrap, for example, a by-product of steelmaking, is sold to other quarters to be used in, among other
things, earthwork and road building. According to the EU definition ferrochromium scrap is waste, and
those who produce it have to pay both waste tax and the value added tax arising from the sale of the
product. Companies which develop and commercially exploit their processes to utilise by-products, saving
natural materials in so doing, are thus forced into an economically unfortunate situation.

What steps will the Commission take to change the concept of waste so as to distinguish more clearly
between final disposal and utilisation?

(1) OJ L 78, 26.3.1991, p. 32.