WRITTEN QUESTION E-1574/02 by Fernando Fernández Martín (PPE-DE) to the Commission. Racism between Europeans.
Date: 2002-06-04
Institutions: European Parliament, Provisional data
Subjects: EU law, Finland, Spain, competence of the Member States, help for victims, indemnification, judicial cooperation, penalty, racism, xenophobia

17.4.2003

EN

Official Journal of the European Union

C 92 E/67

One of the consequences of the Enron scandal has been the collapse of the Andersen Worldwide audit and
accounting network. This has the potential to increase the level of concentration in the auditing industry
further. In the wake of that collapse, each of the national members of the Andersen network is now
seeking to join one of the remaining large four global accounting networks (i.e. KPMG, Pricewaterhouse-
Coopers, Deloitte & Touche Tohmatsu and Ernst & Young). Some of
these transactions may have a
Community dimension and will need to be reviewed by the Commission under the Merger Regulation, as
is the case for the purchase of Andersen (United Kingdom) by Deloitte & Touche Tohmatsu (notification on
29 May 2002). The Commission will
these
transactions with utmost care. At this stage, however, the Commission cannot advance any conclusion
on the likely outcome of the competitive analysis of these transactions. Similarly, the Commission will
continue to monitor closely the nature of competition in the auditing industry.

investigate the competitive consequences of each of

(1) OJ L 395, 30.12.1989, whole text republished in OJ L 257, 21.9.1990.

(2003/C 92 E/067)

WRITTEN QUESTION E-1574/02

by Fernando Fernández Martín (PPE-DE) to the Commission

Subject: Racism between Europeans

(4 June 2002)

I have received news of offences against Spanish citizens on Erasmus scholarships ‘to encourage European
mobility’, who have been victims of physical and verbal aggression in Finland, suffering racist attacks
simply because they are Spaniards.

Apparently, these attacks, involving Spaniards residing in Finland suffering blows, broken bones and insults
from Finnish citizens, are fairly common, exemplified by the incident which occurred in Mikkeli, which
has been reported in the Spanish press. The situation is not improved by the approach taken by the
Finnish police (cid:1) their lack of interest in the victims, their dismissive attitude and their occasional failure to
provide assistance. To crown it all, the Finnish courts impose virtually no punishment for offences of this
kind. Once the aggressors have been arrested and found guilty, they only have to pay a fine of EUR 150.

The Spanish students concerned therefore find themselves helpless in the face not only of their attackers
but also in the face of the Finnish police and courts, and can obtain support only from their own embassy.

If the Commission aware of these racist attacks amongst Community citizens?

Can the Commission provide information about the specific case cited above and the measures which it
intends to take, or could take, in connection therewith?

Answer given by Mr Vitorino on behalf of the Commission

(8 July 2002)

The Commission has not received information on the facts described by the Honourable Member. In any
case, and regarding the facts mentioned, the Commission has no competence to take forward such a
matter, which falls within the responsibility of the Member States concerned.

As regards policy measures which are being considered at Union level to fight against racism and
xenophobia, the Council is now discussing a proposal presented by the Commission in 2001 for a Council
Framework Decision on combating racism and xenophobi (1)
law. Racism and
xenophobia are a very serious concerns and a direct violation of the principles common to the Member
States as stated in Article 6 of the Treaty on the European Union, in particular the respect for human rights
and fundamental freedoms. The purpose of the Commission’s proposal is to ensure that all racist and
xenophobic conducts are punishable by the same penalties in all Member States and secondly, to improve
and encourage judicial cooperation by removing potential obstacles.
the Commission’s
proposal states that the racist or xenophobic motivation should be taken into account as an aggravating
factor when imposing penalties for ordinary offences. This would constitute a direct response to
perpetrators of such offences and act as a deterrent.

in the field of penal

In particular,

C 92 E/68

Official Journal of the European Union

EN

17.4.2003

In addition, special importance is being given to the protection of and assistance to the victims of crime
within the general Union’s approach to crime. A Council Framework Decision 2001/220/JHA on the
standing of victims in criminal proceeding (2) was adopted by the Council on 15 March 2001 which
contains provisions regarding respect and recognition for crime victims, assistance and right
to
compensation in the course of criminal proceedings. More recently, the Commission has launched a
debate on compensation to crime victims, through a Green Paper adopted on 28 September 2001 (3). This
wide public consultation aims at examining how compensation to victims of crime in the Union could be
further improved through a Community initiative.

(1) OJ C 75 E, 26.3.2002.
(2) OJ L 82, 22.3.2001.
(3) COM(2001) 536 final.

(2003/C 92 E/068)

WRITTEN QUESTION E-1595/02

by Glyn Ford (PSE) to the Commission

(5 June 2002)

Subject: Racism and xenophobia

In the Commission’s proposal for a Council Framework Decision on combating racism and xenophobia,
presented on 28 November 2001, mention was made of a series of acts of racial violence committed in
1999 in Austria, France, Germany, Sweden and the United Kingdom, as well as Spain and Portugal.
Nothing at all is mentioned about Greece where, in October 1999, a gunman went on a shooting spree,
firing at any person who happened to look foreign. Two foreigners were killed and seven others were
injured, five of whom are still in a very serious condition. Two are paralysed from the waist down and one
still has a bullet lodged in his head because its removal could be fatal.

Among those injured, only one receives a disability pension from the Greek Government. Five others
received only a one-off compensation of some EUR 880, hardly enough to cover one month of medical
treatment, let alone their daily subsistence. The seventh injured person, probably a clandestine migrant,
disappeared.

The Commission can, quite understandably, not comment on how individual Member States deal with
victims of racist attacks. However, does the Commission not consider that appropriate care for victims
should be an integral part of the fight against racism and xenophobia, and that a provision on appropriate
compensation should have been included in the aforementioned proposal for a Council Framework
Decision, bearing in mind that the Commission had, after all, proposed, on 28 September 2001, EU action
in the field of compensation of crime victims?

Answer given by Mr Vitorino on behalf of the Commission

(4 July 2002)

Racism and xenophobia are a direct violation of the principles of liberty, democracy, respect for human
rights and fundamental freedoms and the rule of law, principles upon which the Union is founded and
which are common to the Member States as stated in Article 6 of the EC Treaty.

The Commission’s, in its proposal for a Council Framework Decision combating racism and xenophobia (1),
noted that the various reports produced by the national media, the official authorities, the European
Monitoring Centre on Racism and Xenophobia or NGOs reveal, unfortunately, that no Member State of
the Union is immune from this phenomenon.

the Commission’s proposal

The purpose of
the same racist and
is twofold:
xenophobic conducts are punishable by the same penalties in all Member States and secondly, to improve
and encourage judicial cooperation by removing potential obstacles. The Draft Framework Decision
contains a provision to ensure that investigation or prosecution not be dependent on the report or
accusation made by a person subjected to the offence, at least in cases of serious racist offences.

to ensure that

firstly,