WRITTEN QUESTION P-1669/02 by Luciana Sbarbati (ELDR) to the Commission. Intercountry adoptions (Ukraine).
Date: 2002-06-05
Institutions: European Parliament, Provisional data
Subjects: Ukraine, children's rights, cooperation agreement (EU), human rights, international adoption, international convention, trafficking in human beings

6.3.2003

EN

Official Journal of the European Union

C 52 E/87

they were both given permission to travel because under current
Despite the sanctions imposed,
international treaty agreements Member States can make exceptions in the case of meetings of national
bodies.

Who gave permission in these two cases, and what purpose does it serve in these circumstances for Europe
to impose ‘smart sanctions’ against President Mugabe?

Answer given by Mr Nielson on behalf of the Commission

(11 July 2002)

The issuing of visas is a matter for the national authorities concerned.

However, the Commission draws the attention of the Honourable member to the fact that the issue of
entry into the territories of Member States of the persons mentioned in the question is subject to Council
Common Position 2002/145/CFSP.

(2003/C 52 E/100)

WRITTEN QUESTION P-1669/02

by Luciana Sbarbati (ELDR) to the Commission

(5 June 2002)

Subject: Intercountry adoptions (Ukraine)

Given that following enlargement the EU will share a border with Ukraine, cooperation relations have been
established with that country with a view to establishing a free trade area, as provided for in the PCA.
The EU is also encouraging Ukraine to ratify bilateral agreements with the Member States and (inter alia on
the basis of periodic reports by heads of mission) draws up assessments for the European Council at least
once a year.

In the field of intercountry adoptions (a means of providing assistance to children in cases where a foster
or adoptive family or appropriate other forms of assistance cannot be found for them in their countries of
origin), Ukraine has not concluded bilateral agreements with many of the EU Member States, does not
comply with the Hague Convention and, in general, takes a discretionary approach. This approach, which
severely penalises European couples and favours couples from the USA, turns the whole adoption process
into an uncontrollable commercial transaction.

Ukraine is nonetheless in receipt of Community funds and since 2001 the IOM has, in conjunction with
the OSCE’s ODIHR and the Ukrainian Ombudsman’s Office, been conducting a project aimed a preventing
trafficking in human beings, which has also been made a priority by Europol.

Given the above, would the Commission state:

(cid:1) what guarantees it has sought from the Ukrainian Government to the effect that intercountry adoption

procedures will be conducted in accordance with the Hague Convention?

(cid:1) what political action it intends to take with a view to ensuring that adoption is placed on a proper
legal footing and that an end is put to the discretionary approach currently taken to the selection of
couples, which is based more on the size of the fee paid than on any proof of reliability and
psychological aptitude?

(cid:1) what statistics on adoption are currently in its possession?

Answer given by Mr Patten on behalf of the Commission

(5 July 2002)

Union-Ukraine relations are governed by the Partnership and Co-operation Agreement
(PCA) which
entered into force in 1998. The PCA provides for regular political dialogue, trade liberalisation and wide

C 52 E/88

Official Journal of the European Union

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6.3.2003

ranging co-operation. The Commission has always stressed that in accordance with the PCA this dialogue
and co-operation is based on the respect of democratic principles and human rights, and requires the
Ukraine to ratify and adhere to the relevant international conventions, including those concerning the
rights of the child.

The Commission is providing technical assistance to Ukraine in order both to address the structural and
legislative reform needs as well as existing shortcomings in the areas of rule of law, judiciary and civil
society. Substantial assistance has also been provided to projects aimed at tackling trafficking in women.

The Commission is not in possession of recent statistics on child adoption in Ukraine. Given the absence
of Community competence in this area, nor would it be appropriate for the Commission to take the sort
of specific political initiative you propose.

However, in its co-operation and regular dialogue with Ukraine, the Commission pays particular attention
to issues related to the rule of law and basic rights.

(2003/C 52 E/101)

WRITTEN QUESTION E-1674/02

by Charles Tannock (PPE-DE) to the Council

(12 June 2002)

Subject: Repatriation of illegal immigrants from the EU

Can the Council confirm that tens of thousands of Chinese citizens are transported across Asia and Europe,
often through the Balkans, to the European Union every year? Is it correct that the Chinese Government
frequently refuses to accept its citizens who return because they have no proof of nationality, and is this
the case even when these nationals cooperate with the authorities in the Member States in identifying
themselves and their countries of origin?

Can the Council list the states which refuse to cooperate with Member States in this way and indicate
whether or not they are recipients of aid from or are party to Association or trade agreements with the
European Union?

Could the Council also indicate which of the Balkan states are exempt from visa requirements and whether
it believes that the imposition of such requirements would be helpful in stemming the flow of illegal
immigration?

Reply

(5 November 2002)

The Council shares the Honourable Member’s concern regarding the large-scale influx of illegal

1.
immigrants and the difficulty of having them repatriated.

2.
The importance of negotiating and concluding readmission agreements with third countries of origin
and transit of illegal immigrants, in devising and implementing an effective repatriation policy, has been
acknowledged and asserted by the European Union on a number of occasions, particularly in the action
plan to combat illegal immigration and trafficking in human beings in the European Union, adopted by
the Justice and Home Affairs Council on 28 February 2002.

3.
In 2000 and 2001 the Council authorised the Commission to negotiate readmission agreements with
six third countries: Morocco, Russia, Pakistan, Sri Lanka, Hong Kong and Macao. The Commission has
managed to initial readmission agreements with Hong Kong and Sri Lanka, conclusion of which will have
to be approved by a Council Decision once the European Parliament has delivered its opinion, and is
continuing negotiations with the other four third countries.