WRITTEN QUESTION P-2339/02 by Hartmut Nassauer (PPE-DE) to the Commission. Police to be placed under jurisdiction of military courts in Slovakia.
Date: 2002-07-22
Institutions: European Parliament, Provisional data
Subjects: EU relations, Slovakia, courts and tribunals, independence of the judiciary, jurisdiction, military court, police, right to justice

6.3.2003

EN

Official Journal of the European Union

C 52 E/153

The products have been processed by the addition to chicken fillets of proteins, water and other
ingredients. Therefore they can no longer be designated as ‘chicken fillets’, as this designation is restricted
to fresh poultry meat. In addition, added proteins, added water, other added ingredients and the meat
content must be labelled.

The addition of proteins (including bovine and porcine proteins) to fresh poultry meat with a view to
obtain a meat preparation, is not forbidden by the Community legislation, provided that:

(cid:1) there are no legal requirements, which specifically excludes their use for this category of products;

(cid:1) the added proteins are fit for human consumption; and

(cid:1) the proteins are labelled according to the labelling provisions for ingredients.

The Commission considers that this ‘chicken fillets’ issue is primarily a fraud due to the infringement of
the food labelling legislation. Therefore,
the existing Community
the matter is not
legislation, but
its implementation and control. The Dutch authorities have committed to take the
necessary means to ensure the above conditions are fulfilled and to report periodically to the Commission
and other Member States about the results of these measures.

the revision of

The Commission has also requested information about the origin of bovine proteins in relation to

2.
the BSE risk.

Pursuant to existing legislation, potentially BSE infected tissues are removed from bovine animals as
specified risk material and destroyed. Protein from other parts of bovine animals that have been found fit
for human consumption is considered to be safe. According to information from the Dutch Authorities the
bovine protein was produced in approved companies in Germany and Spain. The Spanish and German
authorities have been asked to check the source of bovine material used in these companies. Based on the
information received so far, there does not seem to be reasons to suspect that any potentially BSE infected
material would have been injected into the chicken fillets. The Commission will continue to follow the
current investigations regarding the origin and safety of the added bovine proteins.

3.

Commission communication to the public.

The Commission spokesperson replied to questions of journalists on this chicken fillets’ issue. She pointed
out that it was indeed legal to use bovine proteins sourced safely as explained above but that their
presence would need to be labelled. Though any public health risk appeared to be very low, the origin of
these proteins needed to be checked by further investigations in association with the Dutch authorities.
No further press release was prepared.

In general, the Commission communicates directly to the public when there is a serious risk to public
health and communication at European level would be more efficient than at national level. As regards the
chicken fillets issue, the Commission informed the national authorities and requested them to put in place
necessary measures to guarantee consumer protection.

(1) Directive 2000/13/EC of the Parliament and of the Council of 20 March 2000 on the approximation of the laws of

the Member States relating to the labelling, presentation and advertising of foodstuffs, OJ L 109, 6.5.2000.

(2003/C 52 E/171)

WRITTEN QUESTION P-2339/02

by Hartmut Nassauer (PPE-DE) to the Commission

(22 July 2002)

Subject: Police to be placed under jurisdiction of military courts in Slovakia

The International Union of Police Trade Unions (UISP), the European umbrella organisation representing
18 national police unions, has been informed by its member organisation in Slovakia that the Slovak
government is planning to place all police forces under the jurisdiction of the military courts. The Slovak

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6.3.2003

government justifies this proposal on the one hand by a series of accidents caused by drunken off-duty
police officers, and on the other by the allegedly over-indulgent and lenient attitude of the ordinary Slovak
courts in disciplining police officers who commit offences, as well as by the courts’ heavy workload.

Is the Commission aware of this situation?

Does the Commission’s consider the introduction of military courts’ jurisdiction over Slovak police officers,
on the grounds of the above-mentioned offences committed while off duty, to be compatible with EU law
or with the principles of the rule of law, particularly the rule prohibiting arbitrary action?

What is the Commission’s view of the alleged causal connection between the above-mentioned attitude of
the courts to police officers and the objective of this measure to improve the working of the ordinary
courts? Is it then necessary for such improvements in the justice system to be carried out at the expense of
the police?

Answer given by Mr Verheugen on behalf of the Commission

(22 August 2002)

The Commission is closely monitoring the measures undertaken by Slovakia in the field of justice and
home affairs, including the judicial system. In the Regular Report for 2001 and the Accession Partnership,
the Commission noted the importance of establishing an efficient system in Slovakia to redress complaints
of police misconduct. In its contacts with the Slovak authorities, the Union has noted the importance it
attaches to ensuring that police officers respect human rights. In this connection, the Commission notes
that article 6 of the European Convention of Human Rights lays down the principle of the right to a fair
trial and that the European Court of Human Rights has held repeatedly that civilians must not be tried
before military courts.

Available information indicated that the Slovak government envisaged placing the police force under the
jurisdiction of military courts. The Slovak government intended to include this change in the draft
amendment to the Code of Criminal Procedure. However, the Commission has been informed that the
governmental draft did not find the necessary support in the Slovak Parliament.
In June 2002, the
Parliament adopted the amendment to the Code of Criminal Procedure, but rejected to approve the above-
mentioned provisions.

Overall, the Commission is of the opinion that (cid:1) despite remaining weaknesses (cid:1) Slovakia has taken
considerable steps to strengthen the independence and efficiency of
inter alia by
implementing the relevant provisions of the constitutional amendment adopted in February 2001. The
Commission will continue to monitor closely developments concerning the handling of complaints against
the police.

the judiciary,

(2003/C 52 E/172)

WRITTEN QUESTION E-2341/02

by Antonios Trakatellis (PPE-DE) to the Commission

(29 July 2002)

Subject: Community funding of work in the field of the environment and the Natura 2000 network in

Greece

On the basis of the detailed information which Commissioner Barnier provided in the annex to his answer
to my question (E-0796/02 (1)) on Community funding of projects and work implementing the Natura
2000 network and the EAGGF contribution to environmental protection in Greece:

1. With a view to completing the picture and in the interests of transparency, which natural or legal
persons (ministry responsible, NGOs, administrative bodies, etc.) have received and used Community
funding for work co-financed by the ERDF (OP Environment) and the Life-Natura 2000 programme in
Greece? Can the Commission provide a detailed breakdown for each separate project?