WRITTEN QUESTION E-1272/02 by Anna Karamanou (PSE) to the Commission. Call for rescission of the Bush Administration's Military Order.
Date: 2002-05-06
Institutions: European Parliament, Provisional data
Subjects: United States, decree, human rights, international law, military court, repeal

6.2.2003

EN

Official Journal of the European Union

C 28 E/93

Have the Greek authorities forwarded in reply to the European Anti-Fraud Office any communication
(apart from that referred to in the answer to Written Question E-1894/01 (2)) on the basis of Commission
Regulation (EC) No 1681/94 (3) of 11 July 1994 concerning irregularities and the recovery of sums
wrongly paid in connection with the financing of the structural policies and the organisation of an
information system in this field? If not, what will be the consequences and what measures does the
Commission intend to take?

(1) OJ C 309 E, 12.12.2002, p. 2.
(2) OJ C 134 E, 6.6.2002, p. 5.
(3) OJ L 178, 12.7.1994, p. 43.

Supplementary answer
by Mr Barnier on behalf of the Commission

(7 August 2002)

At the last meeting of the Monitoring Committee,
in Athens on 25 and 26 April 2002, the Greek
authorities informed the Commission that up to July 2001 the company ESPEL had carried out a total of
2 726 inspections covering 1 816 public works contracts.

Of these inspections, 64,5 % rated the projects in category 1, defined as projects that are running smoothly
or which have shortcomings of a secondary nature that need to be addressed by the contractors in
question. A total of 33,6 % of the inspections rated the projects in category 2 (cid:1) projects with major
defects that, although they do not compromise the integrity of the project, are likely to lead to higher
running costs (which must be deducted from the payments to the contractors concerned). Finally, 1,9 % of
the inspections were rated category 3 (cid:1) projects with serious defects that cannot be remedied. Projects in
this category have to be either wholly or partially restarted by the contractors, at their own expense.

in the situation since December 1999, when the respective
These figures show an improvement
percentages for the three categories were 48,6 %, 47,9 % et 3,5 %. So far, the Commission has received
no information from the Greek authorities on the outcome of the steps taken to remedy the defects on
category-2 and 3 projects. It has, however, recently reminded them of the need to apprise it of these
results as soon as possible so it can draw up the closing files on the various programmes under the
1994-1999 Community Support Framework.

For its part, the European Anti-Fraud Office has not received any information pursuant to Commission
Regulation (EC) No 1681/94 (1) other than that contained in the reply to written question 1894/01 by the
Honourable Member (2).

(1) Commission Regulation (EC) No 1681/94 of 11 July 1994 concerning irregularities and the recovery of sums
wrongly paid in connection with the financing of the structural policies and the organisation of an information
system in this field.
(2) OJ C 134 E, 6.6.2002.

(2003/C 28 E/103)

WRITTEN QUESTION E-1272/02

by Anna Karamanou (PSE) to the Commission

(6 May 2002)

Subject: Call for rescission of the Bush Administration’s Military Order

According to Amnesty International, the operating guidelines for the special military commissions recently
issued by the US Defense Secretary have highlighted the serious defects of the Military Order signed by
President Bush on 13 November 2001, as a result of which any trial before these commissions would
violate the USA’s international obligations.

C 28 E/94

Official Journal of the European Union

EN

6.2.2003

The provisions of the Military Order allow:

(cid:1) discrimination against foreign nationals in violation of international law, which prohibits discrimi-

nation based on nationality,

(cid:1) minimum standards of evidence, not expressly excluding the extraction of statements by torture,

(cid:1) no right of appeal to an independent and impartial court established by law,

(cid:1) no independence of the military commissions from the executive, etc.

Will the Commission exert pressure on the US Administration to rescind the Military Order and honour its
international commitments concerning respect for human rights?

Answer given by Mr Patten on behalf of the Commission

(7 June 2002)

The Commission will closely observe the conduct of any trials before the special military commissions
established by the United States under the Military Order signed by President Bush on 13 November 2001.
Where appropriate, the Commission will use the existing framework for translatlantic cooperation to
register any concerns that might arise with its American counterparts.

The Union also maintains a regular dialogue with the United States in the field of human rights and will
continue to draw on relevant policy instruments in this context such as the Guidelines to Union policy
towards third countries on torture and other cruel, inhuman or degrading treatment or punishment.

On 14 May 2002 the Union expressed its disappointment and regret at the United States decision not to
the
ratify the Rome Statute of
International Criminal Court would be the appropriate forum in which to try these cases.

the International Criminal Court. The Commission’s view is that

(2003/C 28 E/104)

WRITTEN QUESTION E-1297/02

by Charles Tannock (PPE-DE), John Bowis (PPE-DE),
Christopher Heaton-Harris (PPE-DE), Timothy Kirkhope (PPE-DE),
James Nicholson (PPE-DE), Lennart Sacrédeus (PPE-DE), Theresa Villiers (PPE-DE)
and Rainer Wieland (PPE-DE) to the Commission

(7 May 2002)

Subject: The future of the Samaritan community in Israel and the Occupied Territories

The small surviving community of Samaritans based in Holon, Israel and in Kiryat Luza, the Samaritan
quarter on Mount Gerizim under the administration of the Palestinian Authority, has recovered from near
extinction at the beginning of the last century to number approximately six hundred and fifty at present.

The community maintains the complete heritage of its people’s traditional and cultural life; they speak
ancient Hebrew and use the ancient Hebrew script and help to preserve a thousands-of-years-old historical
and cultural tradition. They have also worked tirelessly to maintain good and constructive relationships
with both their Israeli and Palestinian neighbours. Both Israel and the Palestinians have on more than one
occasion expressed their commitment to safeguarding the welfare of the Samaritans, with the Palestinians
having declared that they consider the Samaritans as an inseparable part of the Palestinian Entity.

Sadly, the life and economic viability of the community in Kiryat Luza has been severely disrupted in
recent months following the upsurge of violence in the region, due to the decision of the Israeli
government for security reasons to prevent access to the Samaritan’s only Holy Centre on Mount Gerizim