WRITTEN QUESTION E-1464/02 by Elizabeth Lynne (ELDR) to the Council. Planespotters' trial in Greece.
Date: 2002-05-27
Institutions: European Parliament, Provisional data
Subjects: Greece, competence of the Member States, espionage, legal hearing, legal system, public safety, right to justice, rights of the defence

C 309 E/126

Official Journal of the European Communities

EN

12.12.2002

(2002/C 309 E/149)

WRITTEN QUESTION E-1454/02

by Wolfgang Ilgenfritz (NI) to the Council

(23 May 2002)

Subject: Special arrangements

France, Italy and the Netherlands benefit from special arrangements as regards excise duty on mineral oils.

1. What was the basis on which the special arrangements were granted?

2. What scope is there for Austria to extend the Eco-point system?

Reply

(3 October 2002)

1.
In respect of the basis for special arrangement as regards excise duty on mineral oils in France, Italy
and the Netherlands, the Honourable Member is referred to Council Decisions 1999/880/EC (1), 2000/446/
EC (2) and 2001/224/EC (3).

Moreover, the Honourable Member is reminded that the measures adopted by the Member States pursuant
to the above measures were deemed compatible with the common market by the Council Decision of
3 May 2002.

The ecopoint system currently in force was put in place following the accession of Austria to the
2.
European Union as a transitional measure of limited duration. Protocol 9 annexed to the Act of Accession
of Austria will expire on 31 December 2003.

the conclusions of

the European
In response to paragraph 58 of
Commission presented on 21 December 2001 a proposal for a Regulation establishing an ecopoint
system applicable to heavy goods vehicles travelling through Austria for the year 2004. The proposal also
contains provisions allowing for the extension of that system for one further year and thereafter for a
second year at most, if the framework proposal on charging for the use of infrastructure is not adopted by
the relevant deadline.

the Laeken European Council,

The Council is very well aware of the problems relating to transit traffic through the Alps. The Transport
Council, at
from the
its meetings in March and June 2002, discussed the new ecopoint proposal
Commission, together with the wider issues relating to Alpine transit. The delegations most directly
concerned indicated their intention to hold consultations with a view to making progress towards a
solution.

(1) OJ L 331, 23.12.1999, p. 73.
(2) OJ L 180, 19.7.2000, p. 35.
(3) OJ L 84, 23.3.2001, p. 23.

(2002/C 309 E/150)

WRITTEN QUESTION E-1464/02

by Elizabeth Lynne (ELDR) to the Council

(27 May 2002)

Subject: Planespotters’ trial in Greece

On 8 November 2002, 12 British citizens and two Dutch nationals were arrested in Greece for allegedly
taking photographs inside a military base following an air show. They were kept in prison in Kalamata
without charge or trial for a period of almost six weeks.

They were eventually released on bail and went to court on charges of espionage. Some of them were
convicted to 3 years imprisonment and others to one-year suspended sentences.

12.12.2002

EN

Official Journal of the European Communities

C 309 E/127

The behaviour of the Greek military led to a number of irregularities in their trial.

The prosecution’s case was based on an anonymous document from the security services and was
supported in court by a middle-ranking Greek Air Force officer. He refused however to answer any
pertinent cross-examination points by the defence on the grounds that he did not know or that they were
matters of national security. Moreover all the oral and written evidence given by three experts was rejected
in favour of this anonymous document.

Will the Council agree that the Greek security officers are overreacting by pushing forward with this case
based on an anonymous document?

While,
in the light of principles of democracy and the Rule of Law, the Greek Government cannot
intervene in a court case, isn’t it worrying for the Council that, in the light of the same principles, the
government of a Member State is not able to control the actions of their own military and security
officers?

Will the Council request information about this from the Member State concerned?

Doesn’t the Council believe that a proper programme with a defined goal for ensuring that all EU states
bring their justice systems up to the standard of the European Convention of Human Rights is necessary
and needs to be commenced immediately?

Reply

(3 October 2002)

The Council would inform the Honourable Member that each Member State is responsible for the respect
for and and safeguard of fundamental human rights, including the right of any person to a fair trial.

The Union’s responsibility in this case, as set out in Article 6(2) of the Treaty on European Union, concerns
situations where the Union acts in the exercise of its competence.

Launching investigations into a Member State of the kind suggested by the Honourable Member does not
fall within the competence of the Council.

(2002/C 309 E/151)

WRITTEN QUESTION E-1477/02

by Herman Vermeer (ELDR), Maria Sanders-ten Holte (ELDR)
and Jan Mulder (ELDR) to the Commission

(27 May 2002)

Subject: Report by the Netherlands Central Planning Bureau on the effectiveness of the European Union’s

cohesion policy

Has the Commission received a copy of a study drawn up by the Netherlands Central Planning Bureau
(CPB) which demonstrates a lack of effectiveness in the way in which the EU’s cohesion policy is being
implemented? A large proportion of the subsidies benefits the comparatively wealthy regions which do not
need the money. It is claimed that a policy change would help toward the attainment of an annual
economic growth rate of 0,5 % in the poorest regions. The report also refers to the need for policy reform
in connection with the accession of new Member States.

What measures and initiatives does the Commission have in mind with a view to improving the general
effectiveness of the cohesion policy? If the Commission has decided not to take any measures, can it justify
its decision?

Is the Commission aware of the recommendations set out in the CPB report with a view to improving the
policy’s effectiveness, i.e. either increasing Commission control over the funds or allowing the Member
States themselves to determine the projects to which they allocate the funds?