WRITTEN QUESTION E-3076/02 by Glyn Ford (PSE) to the Commission. Racism in football.
Date: 2002-10-28
Institutions: European Parliament, Provisional data
Subjects: audiovisual communications policy, commercial contract, free movement of programmes, racism, sporting event, television

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Most recent developments such as a non-elected care-taker government, absence of Parliament, absence of
elected local representatives and no clear signs of resumption of talks with the Maoists, risks to push the
country back to a pre-1990 situation, destroying the results achieved since the instauration of a
Constitutional Monarchy.

The Commission will continue its commitment to Nepal and a Commission Delegation Office has been
opened in March 2002. Political reporting and close concerted action with Member States represented in
Kathmandu continue to take place, in particular in relation to security issues that might jeopardise ongoing
and new development activities.

The main focus of past Community development assistance to Nepal was on rural development and
poverty alleviation. Community’s efforts were concentrated on: (i) irrigation and watershed management,
(ii) animal health, (iii) reproductive health, (iv) primary education, (v) refugees, and (vi) institutional and
capacity building.

Community aid to Nepal has, on the whole, been successful and has responded to the needs and priorities
of Nepal, set out in the various Five-Years-Plans. Experience has taught that successful projects need to be
based on an active participation of the local beneficiaries, as well as on a strong management organisation.

In recent years, major Community projects focused on rural development and irrigation have encountered
serious problems with Maoists’ interference and attacks. As a result of these developments and in order to
support progress towards peace and stability in Nepal, the new Community cooperation strategy with
Nepal has integrated the issue of conflict mitigation as an important component of its development
strategy.

The Commission is currently completing a new Country Strategy Paper for Nepal that will
include
‘preventive’ initiatives, through support to the rule of law, good governance, protection of human rights as
well as long term rural development in areas (Mid-Western Region) with strong insurgency presence. In
July 2002 the Commission approved an important initiative worth EUR 15 million in favour of rural
electrification of (photovoltaic) local communities in areas deprived both of any access to the national grid
or to hydroelectric systems.

(2004/C 11 E/023)

WRITTEN QUESTION E-3076/02

by Glyn Ford (PSE) to the Commission

(28 October 2002)

Subject: Racism in football

In view of the continuing appalling level of racism being exhibited at international football matches, does
the Commission take the view that it would be perfectly legitimate for television companies to halt the
broadcasting of such matches and consequently refuse to pay the agreed fees, particularly in countries like
the United Kingdom where broadcasting material likely to incite racial hatred is illegal?

Answer given by Mr Vitorino on behalf of the Commission

(17 December 2002)

The Commission firmly condemns racism and xenophobia, which are a direct violation of the principles of
liberty, democracy, respect for human rights and fundamental freedoms and the rule of law. These are the
principles upon which the Union is founded and which are common to Member States as stated in
Article 6 of the Treaty on European Union, and in the Charter of Fundamental Rights.

Accordingly, the Commission has recently presented a proposal for a Framework Decision (1), in the field
of penal law, on combating racism and xenophobia. This instrument is designed to approximate the laws
and regulations of Member States, providing a common definition of punishable offences in this area, as

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well as minimum standards as to the applicable penalties and sanctions. The proposal also promotes closer
judicial co-operation by regulating issues such as jurisdiction, extradition and prosecution of such offences.

Further to that Member States are obliged by Article 22a of the Television without Frontiers Directive (2) to
ensure that broadcasts do not contain any incitement to hatred on grounds of race, sex, religion of
nationality. It is the Member States’ obligation to transpose this principle in effective national legislation.

Regarding the specific issue raised by the Honourable Member, the Commission has no competence to
take a position on the contractual relations between rights holders and broadcasters in this case. It would
depend on national laws applicable in Member States whether television companies could take such a
measure.

(1) OJ C 75 E, 26.3.2002, p. 269.
(2) Council Directive 89/552/EEC as amended by Directive 97/36/EC of the Parliament and of the Council, of 30 June
1997, on the coordination of certain provisions laid down by law, regulation and administrative action in Member
States concerning the pursuit of television broadcasting activities, OJ L 202, 30.7.1997, p. 60.

(2004/C 11 E/024)

WRITTEN QUESTION E-3109/02

by Cristiana Muscardini (UEN) to the Commission

(29 October 2002)

Subject: Risks arising from assisted fertilisation

On 18 July 2002 the Italian weekly ‘Panorama’ reported the case of a pair of test-tube twins who were
black, born to a white English couple. This incident gives rise to a number of questions and concerns. One
wonders what lies in store for those babies, and who the law will view as being their parents. It also seems
reasonable to question the reliability of the clinics that perform this type of operation, the conditions in
which these are performed and the professional abilities of the medical and paramedical staff.

In this connection, does the Commission:

1.

know whether the regulatory frameworks of the Member States comprise laws on assisted fertilisation
which provide not only for penalties, but also for redress in the event of mistakes such as these
occurring?

2. not consider that this area should be governed by European-level rules which establish minimum
requirements for skills and equipment in respect of the opening of specialist assisted fertilisation
centres?

Answer given by Mr Byrne on behalf of the Commission

(28 November 2002)

No. The Commission does not have data on Member State legislation on assisted fertilisation nor on

1.
provisions concerning penalties or errors taking place during such procedures.

2.
No. The Commission does not consider that a relevant legal basis exists in the EC Treaty for setting
minimum requirements for skills and equipment in respect of the opening of specialist assisted fertilisation
centres. This matter is one falling within the competence of the Member States.