WRITTEN QUESTION E-2534/02 by Olivier Dupuis (NI) to the Commission. Arrest of Mr Wan Yanhai, founder of AIDS Action Project, by the Chinese authorities.
Date: 2002-09-11
Institutions: European Parliament, Provisional data
Subjects: AIDS, China, EU policy, arrest, blood transfusion, freedom of expression, human rights

6.3.2003

EN

Official Journal of the European Union

C 52 E/183

Answer given by Mrs de Palacio on behalf of the Commission

(8 October 2002)

From the information contained in the question of the Honourable Member, it seems that Air Sicilia is
unable to meet financial obligations towards its customers. At present, the Commission has no detailed
additional information on this subject.

Community legislation on the rights of air passengers does not cover such situations. They are rather
primarily regulated by national law for whose respect national authorities or courts are responsible.

However, the Commission will ask the Italian authorities for information in the light of Article 5 §5 of
Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers (1). This Article 5 §5
establishes a certain link between the holding of a license and the financial situation of an air carrier.

More generally, the Commission is closely following the financial situation of the aviation sector and, if a
serious general deterioration threatens the interests of passengers, will consider taking initiatives to protect
them.

(1) OJ L 240, 24.8.1992.

(2003/C 52 E/202)

WRITTEN QUESTION E-2534/02

by Olivier Dupuis (NI) to the Commission

(11 September 2002)

Subject: Arrest of Mr Wan Yanhai, founder of AIDS Action Project, by the Chinese authorities

According to various sources, Mr Wan Yanhai, founder of Aizhi Xingdong (AIDS Action Project), an NGO
which focuses on the promotion of HIV/AIDS awareness, was stopped by the police last Saturday evening
in Beijing, and then arrested. Mr Wan Yanhai, aged 39, has played a prominent role in campaigning for
civil rights and, in particular, the rights of homosexuals and Internet freedom. He was one of the first to
take a political stance on the AIDS issue, at a time when the subject was completely taboo. Mr Wan
Yanhai and his friends campaigned in favour of peasants in Henan, who had been contaminated following
a blood trafficking affair, and denounced the involvement of local authorities in this scandal. Last month,
Mr Wan Yanhai’s organisation was expelled from its offices in Beijing University.

Is the Commission aware of Mr Wan Yanhai’s arrest? What action has it taken or does it intend to take vis-
à-vis the Chinese authorities to ensure that he is released immediately and unconditionally? What action
has it taken or does it intend to take in order to ensure that the Chinese authorities seriously tackle the
issue of the massive scandal concerning contaminated blood and, more generally, address the tragic
problem of the AIDS epidemic in the People’s Republic of China?

Answer given by Mr Patten on behalf of the Commission

(15 October 2002)

The Commission has learned with regret of the arrest in Beijing of M. Wan Yanhai, founder of the
Acquired Immuno deficiency Syndrome (AIDS) Action Project and human rights activist.

As the Honourable Member knows, the Commission attaches great importance to the right to freedom of
speech (as an integral part of human rights) and it raises this issue regularly in the framework of its
bilateral dialogue on human rights with China.

Regarding the AIDS epidemic in China, the Commission shares the Honourable Member’s concern and has
recognised the fight against AIDS as one of the main challenges faced by China. In order to help the
Chinese to deal with the human immunodeficiency virus (HIV), the Commission is already implementing
two projects specifically dealing with AIDS issues, one of which is implemented by a Dutch non-
governmental organisation.

C 52 E/184

Official Journal of the European Union

EN

6.3.2003

The Commission will continue to closely monitor the respect for freedom of speech in China and will
continue to contribute through its development projects to improve the local conditions to deal with the
HIV.

(2003/C 52 E/203)

WRITTEN QUESTION E-2556/02

by Toine Manders (ELDR) to the Commission

(13 September 2002)

Subject: Foreign students in Great Britain

Experience suggests that new British legislation (1)
implications both for educational institutions and for foreign students and agents.

in the area of education may have very negative

Under the new package of measures, British colleges and universities no longer receive funding from the
state for (foreign) students recruited through (foreign) consultancies and agencies. Until last year funding
was provided for such students, and it is still received for EU students recruited directly. The new rules
mean that British colleges and universities must now charge much higher fees where students are recruited
through consultancies and agencies, which discourages prospective students from applying through such
agents. In my view, the rules discriminate against EU citizens who wish to study in Great Britain but who,
in making their choices, are, for various reasons, largely dependent on agents. In addition, in my view,
these arrangements contravene Article 149 of the Treaty, which states that the Community is to contribute
to the development of quality education by encouraging cooperation between Member States.

1.

Is the Commission familiar with the new British legislation as set out above?

Does the Commission consider that the above-mentioned effects of this legislation contravene

2.
Article 149 of the Treaty and principles of non-discrimination?

Does the Commission intend,

3.
in response to this state of affairs, to take steps to remove the
discriminatory aspects of the above-mentioned British legislation, in the light of the high priority attached
by the EU to education under the Lisbon process?

(1) As set out in the Guidance on Further Education Funding Eligibility and Rates 2001/2002 prepared by the Further

Education Funding Council on behalf of the Learning and Skills Council.

Answer given by Mrs Reding on behalf of the Commission

(23 October 2002)

1.

The Commission is familiar with the new British legislation.

According to the available information, recruitment of students through agencies or consultancies

2.
mainly concerns overseas students from third countries.

All European students may approach directly the British universities.

At this stage, the Commission has no evidence of discrimination arising from the measure in question and
does not consider that the British provision contravenes the principles set out in article 149 of the EC
Treaty in a way that could impede the development of cooperation between Member States in the field of
if the Honourable Member could provide examples of discriminatory
education. It would be helpful
treatment of European nationals as a result of the new provision.

3.

The Commission does not have grounds to take any steps at this stage.