WRITTEN QUESTION P-2066/02 by Mihail Papayannakis (GUE/NGL) to the Commission. Unequal treatment of Greek citizens subject to military service.
Date: 2002-07-08
Institutions: European Parliament, Provisional data
Subjects: Austria, Germany, Greece, competence of the Member States, dual nationality, equal treatment, national service, nationality

14.8.2003

EN

Official Journal of the European Union

C 192 E/45

Answer given by Mr Lamy on behalf of the Commission

(3 September 2002)

The marketing ban proposed by the Parliament could create trade barrier to imports from third countries
whose laws require testing of cosmetics and cosmetic ingredients on animals in order to ensure consumer
safety. This ban could potentially be challenged under, inter alia, the World Trade Organisation (WTO)
Agreement on Technical Barriers to Trade (TBT) and Articles III, XI and XX of General Agreement on
Tariffs and Trade.

It would discriminate against ‘like products’ (GATT Article III.4, TBT Article 2.1). A cosmetic tested in
animals is the same as one tested by alternative means, and yet the Community would ban one and permit
the other.

It would impose Community testing requirements upon foreign producers. If their country has different
requirements that cannot be reconciled with Community requirements, the producers could be prevented
from exporting to the Community. This could discriminate against foreign producers who cannot possibly
conform to two conflicting sets of rules.

The Commission has noted public concern about an apparent disregard of the WTO for animal welfare
considerations. That is precisely why the Community has consistently promoted animal welfare as a
subject for discussions in future WTO negotiations, and will continue to do so. However, the Commission
believes it would damage its longer term objectives if it took a unilateral approach on this dossier.

The Commission confirms that the marketing ban, as introduced in the 6th amendment of Council
Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to
cosmetic products (1), came into force legally on 1 July 2002, as the Parliament and Council could not
agree on a new text. However,
through its comitology
procedure for a postponement of the entry into force until a later date, in order to avoid unnecessary
disruption and uncertainty in the market.

the Commission is considering a proposal

(1) OJ L 262, 27.9.1976.

(2003/C 192 E/043)

WRITTEN QUESTION P-2066/02

by Mihail Papayannakis (GUE/NGL) to the Commission

(8 July 2002)

Subject: Unequal treatment of Greek citizens subject to military service

Under a current Greek-German convention (Law 4187/61), Greek nationals who also hold German
citizenship are exempt from the obligation to perform military service in Greece as long as they live and
work permanently in Germany. In other cases, e.g. Greeks with Austrian citizenship, the law requires that
they perform full military service in the Greek army even if they have already served in the Austrian army.
Moreover, pursuant to Article 7 of Law 1763/88 and the transitional provisions of Law 2510/97, Greek
residents holding permanent work permits in countries such as the USA, Canada and Australia (cid:1) with the
exception of Europe (cid:1) are entitled to unconditional exemption from conscription and free entry into and
exit from Greece until they repatriate, provided their permit was issued before 1 September 1997, which is
prejudicial to Greek citizens who acquired immigrant status in those countries after that date and to those
living in European countries even if, in the meantime, they have become naturalised citizens of their
country of residence.

Given that the current law on military service discriminates against Greek citizens living and working
permanently abroad with their families, while being blatantly contrary to the EU Treaty and Community
law, will the Commission say what steps it will take to resolve the problem of the evasion of military

C 192 E/46

Official Journal of the European Union

EN

14.8.2003

service in Greece, thus upholding the principle of equality before the law and the rights of European
citizens subject to military service? Will the Commission intervene to secure a review of the current Greek
legislation on military service?

Answer given by Mr Vitorino on behalf of the Commission

(7 August 2002)

The Commission notes that the matters raised by the Honourable Member concerning nationality and
military service are the exclusive responsibility of the Member States.

In addition, it is impossible to establish the existence of a serious and persistent breach within the meaning
of Article 7 of the Treaty on European Union.

Consequently, the Commission takes the view that it is not entitled to take the measures suggested by the
Honourable Member vis-à-vis the Greek authorities.

(2003/C 192 E/044)

WRITTEN QUESTION E-2067/02

by Olivier Dupuis (NI) to the Commission

(12 July 2002)

Subject: Case of Rebiya Kadeer from East Turkestan

Rebiya Kadeer, a businesswoman, is one of the most prominent members of the Uighur people in the
occupied region of East Turkestan (Xinjiang Uighur Autonomous Region). She has made significant
contributions to securing women’s rights in China and founded the ‘Thousand Mothers Movement’ to
promote employment for Uighur women. The Chinese government itself has recognised her contributions
by appointing her to its delegation for the 1995 United Nations World Conference on Women in Beijing.

Two years after the Beijing Conference, however, officials confiscated her passport. Police harassment
followed, placing further restrictions on her movements. The Chinese authorities were attempting to
silence her husband, an outspoken critic of the government living abroad, by intimidating her.

In August 1999, while she had an appointment to discuss Human Rights issues with delegates from the US
Congressional Research Service, Chinese authorities arrested her and took her to a local prison notorious
for torture. In September 1999, the government charged Rebiya Kadeer with ‘providing secret information
to foreigners’, although the ‘secrets’ turned out to be publicly available in local newspapers in her
possession. Following a trial held in secret, a Chinese court sentenced her to eight years’ imprisonment.
Her secretary, arrested shortly after she was taken into custody, received a three-year term of ‘re-education
through labour’ for his association with her. He was reportedly beaten in custody and is now in poor
health.

What information can the Commission provide about the situation of Mrs Kadeer and her secretary? What
kind of initiatives has the Commission undertaken or will
it undertake to obtain from the Chinese
authorities the immediate and unconditional release of these prisoners of conscience, the respect of the
fundamental rights and freedoms of the People of East Turkestan and the opening of negotiations between
the Chinese government and representatives of
including the East Turkestan
(Uyghuristan) National Congress (ETNC), a democratic umbrella organisation which seeks peaceful political
solution to the problem in view of a political and equitable solution of the issue of occupied East
Turkestan?

the Uighur people,

Furthermore can the Commission assure the European Parliament that no programme financed by the EU
in the occupied East Turkestan is used by Beijing to increase or implement the policy of colonisation,
repression, destruction and apartheid imposed against the Uighur people by the Chinese authorities since
their invasion and occupation of Turkestan in 1949?