WRITTEN QUESTION E-2511/02 by Mihail Papayannakis (GUE/NGL) to the Commission. EU code of conduct on the export of arms and weapon systems to third countries.
Date: 2002-09-09
Institutions: European Parliament, Provisional data
Subjects: Belgium, United Kingdom, arms trade, code of conduct, common foreign and security policy, export monitoring

21.11.2003

EN

Official Journal of the European Union

C 280 E/3

Under these Directives, the question of possible alternative routings arises only in specific circumstances,
namely, if, despite a negative assessment of the implications for a protected site, imperative reasons of
overriding public interest justify the carrying out of the project. The Commission is not aware at which
stage of the process the planning of the motorway currently stands and will contact the Polish authorities
on this issue for their assurance that all necessary environmental requirements have been complied with.

In this context the Commission draws the attention of the Honourable Member to its responses to Written
Questions P-1648/02 by Mr Huhne and E-1694/02 by Mr Meijer (4), E-1968/02 by Mr Davies (5) and
E-2284/02 by Mr Xarchakos and Mr Dimitrakopoulos (6), confirming that neither PHARE nor ISPA funds
have been provided for the construction of the Via Baltica across the Biebrza marshes in north-east Poland.
Furthermore, such a project features in neither the ISPA nor the PHARE project pipeline and, therefore, no
request for Union support for this particular project has been made by the Polish authorities. Should the
Commission receive such a request, the project will be examined in the light of the relevant Community
environmental rules.

(1) See page 1.
(2) OJ L 206, 22.7.1992.
(3) OJ L 103, 25.4.1979.
(4) OJ C 301 E, 5.12.2002, p. 201.
(5) OJ C 309 E, 12.12.2002, p. 181.
(6) OJ C 161 E, 10.7.2003, p. 20.

(2003/C 280 E/003)

WRITTEN QUESTION E-2511/02

by Mihail Papayannakis (GUE/NGL) to the Commission

(9 September 2002)

Subject: EU code of conduct on the export of arms and weapon systems to third countries

Reports in the international press claim that serious breaches of the code of conduct on arms exports to
third countries have been committed by Member States of the EU.

Although the Member States adopted strict common criteria on arms exports as early as May 1998 and
despite the existence of binding agreements, some Member States are manufacturing and exporting
weapon systems to third countries which do not fulfil the criteria set out in the code of conduct:

(cid:1) the UK which is reported to have sold weapon systems to undemocratic regimes and countries which

are embroiled in civil strife (India, Indonesia, Nigeria, Morocco, Tanzania), and

(cid:1) Belgium, which recently exported 5 500 weapons made by the Belgian arms manufacturer Fabrique

National to Nepal, where civil war has been raging for many years.

In view of the foregoing, will the Commission say whether it considers that the code of conduct on arms
exports has been breached (cid:1) in the UK’s case specifically criterion 2 of paragraphs (a) and (b), and in
Belgium’s case criterion 3? What measures will the Commission take to ensure that the code of conduct is
not circumvented and that, henceforth, there is stricter compliance with its provisions?

Answer given by Mr Patten on behalf of the Commission

(16 October 2002)

The Union Code of Conduct on Arms Exports referred to by the Honourable Member was adopted by the
Member States in 1998 within the framework of the Common Foreign and Security Policy. It is a
politically binding document aimed at creating high common standards for arms exports by establishing
eight criteria and increasing transparency. The operative provisions of the Code provide for the notification
of denials and for confidential consultations among the Member States concerned, but the final decision
remains at the discretion of the Member State to which an application for a transaction involving arms and
weapon systems has been addressed.

C 280 E/4

Official Journal of the European Union

EN

21.11.2003

Discussions in the Working Group of the Council dealing with conventional arms transfers (COARM),
in which the Commission participates, contribute to develop a common understanding and possibly over
time a ‘common doctrine’ for the implementation of the Code by the Member States. Annual reports are
published both at national and Union level and they contribute to enhance transparency in this field.
Proposals in COARM to develop the Code to a legally binding instrument have not met with approval by
all Member States. A number of third countries have pledged to subscribe to the principles of the Code.
The Union also promotes the application of these principles by the associated countries.

(2003/C 280 E/004)

WRITTEN QUESTION E-2514/02

by Alexandros Alavanos (GUE/NGL) to the Commission

Subject: Applicant countries and Regulation (EEC) 1408/71

(9 September 2002)

After 1984, many Greek nationals who had fled during the Greek civil war of 1945-1949 to Poland, the
Czech Republic, Slovakia, Russia, Hungary, the former German Democratic Republic, Bulgaria, Romania
and elsewhere as political refugees were repatriated. Since returning to Greece,
these Greeks have
encountered a considerable number of problems despite the conclusion of bilateral agreements concerning
their social security rights with the above countries because their recognised period of contributions was
appreciably reduced and the nature of their work (e.g. heavy, unhealthy jobs) not taken into consideration.
Despite their advanced years, therefore, they are compelled to work on well into old age to obtain a
pension capable of sustaining a decent standard of living.

Will the Commission’s talks with the above applicant countries cover the problems associated with the
social security rights acquired by Greek political refugees whilst working in those countries, following the
arrangements made for
refugees in the former German Democratic Republic
(Regulation (EEC) No 1408/71 (1))?

the Greek political

(1) OJ L 149, 5.7.1971, p. 2.

Answer given by Mr Verheugen on behalf of the Commission

(15 October 2002)

Under bilateral agreements concluded between Greece and several Eastern European countries, Greece has
agreed to recognise periods during which Greek nationals worked in these countries for the purpose of
calculating pension payments. This was done to protect the pension rights of these people which might
otherwise have been lost. Thus the pensions are now paid by Greece. How to treat these recognised
periods has been decided by the Greek authorities and is a question of national competence. Any query
regarding the way these periods have been recognised should therefore be addressed to the Greek
authorities.

With accession, those Greek citizens affected will have the opportunity, should they so wish, to request a
recalculation of their pensions on the basis of Community provisions. However, considering the lower
level of pension payments in Eastern European countries, this would be unlikely to result in a more
favourable pension entitlement (cid:1) it will probably be more beneficial to retain the existing pension, as
currently calculated and paid by Greece.

No special arrangements were foreseen for Greek nationals who worked in the former German Democratic
Republic. An existing agreement on pension rights was incorporated into Regulation (EEC) No 1408/71 of
the Council of 14 June 1971 on the application of social security schemes to employed persons and their
families moving within the Community, and this therefore continues to apply. Discussions have taken
place in the Administrative Committee on Social Security for Migrant Workers established under this
Regulation on the entries to include in its annexes. As a result of these discussions, in which both Member
States and candidate countries were involved, none of the agreements concluded with the candidate
countries are to be incorporated into the Regulation as an annex. However, not including these agreements
under the Regulation in no way prevents individuals from requesting a recalculation of his or her
entitlements.