WRITTEN QUESTION E-3112/02 by Charles Tannock (PPE-DE) to the Commission. Legality or otherwise of intercepting vessels on the high seas.
Date: 2002-10-30
Institutions: European Parliament, Provisional data
Subjects: EU migration policy, Mediterranean region (EU), UN convention, feasibility study, fight against crime, illegal migration, maritime law, maritime transport, territorial waters, trafficking in human beings

C 155 E/92

Official Journal of the European Union

EN

3.7.2003

Reply

(3 March 2003)

The European Union is indeed gravely concerned about the continued clashes between Israelis and
Palestinians and deeply saddened at the almost daily loss of lives among the civilian population. The EU
will continue to ask both parties to show maximum restraint and to do their utmost to bring an
immediate end to violence and terror, and will not refrain from repeating this, also to the Israeli side.

At the same time, it has to be stressed that it is up to the parties themselves to seek peace through a
process of negotiations. For its part, the European Union remains ready (cid:1) in close co-operation with the
Quartet and all parties concerned (cid:1) to continue to assist in the efforts at finding a final and just settlement
to the Middle East conflict.

(2003/C 155 E/104)

WRITTEN QUESTION E-3112/02

by Charles Tannock (PPE-DE) to the Commission

(30 October 2002)

Subject: Legality or otherwise of intercepting vessels on the high seas

An increasing number of people are being illegally trafficked into the European Union by sea, with many
arriving in Greece and Italy from the Balkans and others into Spain having departed from North Africa.
The authorities are able to arrest some of the illegal
immigrants and traffickers, but are insufficiently
resourced to deal with the problem effectively. Many of those who arrive subsequently make their way to
other Member States.

Some months ago there were suggestions by Tony Blair, amongst others, that Member States most
vulnerable to such activity should be assisted by the navies of other Member States.

The United States has for many years intercepted on the high seas vessels bound for the US from Haiti and
returned those on board to Haitian territory. Can the Commission indicate whether it believes that it
would be legal for European Union Member States to intercept on the high seas vessels which were
believed to be involved in people-trafficking, even if there were no suggestion of piracy (long recognised in
customary international law as a crime over which there is universal jurisdiction), and would the legality of
such an interception be affected by whether or not the vessel was properly registered under a flag, whether
it was believed to be carrying contraband, including psychotropic substances, or believed in any way to
pose a threat to the intercepting state or its citizens?

Answer given by Mr Vitorino on behalf of the Commission

(20 December 2002)

Illegal immigration by sea gets serious and continuous attention within the Commission. The Council
presented a comprehensive plan to combat illegal immigration and trafficking in human beings in the
Union on 28 February 2002 and a comprehensive plan for the integrated management of the external
borders of the Member States on 13 June 2002, which are based on the Commission’s Communications
on the respective subjects. The proper implementation of measures on this matter as identified in these
plans is of major importance to this problem. Consequently, the Commission welcomes the recently
planned joint operations and activities of the Member States in the Mediterranean region.

Within the framework of the comprehensive plan to combat illegal immigration and human trafficking in
the Union and stating the need for the adoption of appropriate legislative and/or operational initiatives at
European level aimed at improving sea border controls, the Council invited the Commission to conduct a
feasibility study to see how these controls could be improved. The feasibility study is ongoing and the
conclusions will be available at the end of the first semester of 2003.

3.7.2003

EN

Official Journal of the European Union

C 155 E/93

Furthermore, the Commission convened expert meetings on illegal immigration by sea on 21 May 2002
and 27 September 2002 that aimed to identify operational actions to prevent and combat
illegal
immigration in the Mediterranean region. During these meetings the co-operation with third countries was
considered to be the most efficient and successful approach in tackling the problem of illegal immigration
by sea and preventing further human tragedies. In this respect the signing and ratification of the United
Nations Convention against Transnational Organised Crime including the supplementing protocol against
smuggling of migrants by sea, land and air is of utmost importance. The protocol sets out an institutional
framework that allows for improved co-operation with countries of boarding, departure and transit, inter
alia, possible visits of boats suspected to be involved in the smuggling of human beings with the
permission of a flag State.

In accordance with the United Nations Convention on the Law of the Sea (Unclos) of 10 December 1982
(Montego Bay Convention), vessels on the high seas are principally subject to the exclusive jurisdiction and
control of the flag State. However, under exceptional circumstances another State may approach a vessel at
high seas. The right of visit or further action is limited to five number of cases (piracy, slave trade,
unauthorised broadcasting, missing nationality and missing or fraudulent use of a flag; cf. Article 110
Unclos). Worth mentioning is also the right of hot pursuit when the competent authorities of the coastal
State have good reason to believe that the ship has violated the laws and regulations of that State. Such
pursuit must, however, be commenced when the foreign ship or one of its boats is within the internal
waters, the archipelagic waters, the territorial sea or the contiguous zone of the pursuing State, and may
only be continued outside the territorial sea or the contiguous zone if the pursuit has not been interrupted
(cf. Article 111 Unclos).

Nevertheless, the Montego Bay Convention does not allow yet the interception of vessels at high sea of
another State than the Flag State solely for the purpose to fight against illegal immigration by sea and the
smuggling of human beings.

(2003/C 155 E/105)

WRITTEN QUESTION E-3121/02

by Richard Howitt (PSE) to the Council

(30 October 2002)

Subject: Safety of human rights workers in Colombia

Over the last few months there has been a notable deterioration of the general human rights situation in
Bogotá so that human rights workers are experiencing an increasingly hostile environment in which to
work. In particular, the physical safety of members of the Inter-Congregational Commission of Justice and
Peace, a Colombian NGO accompanied by Peace Brigades International, has been seriously threatened.

On 7 August 2002, the European Union issued a statement to mark the inauguration of Alvaro Uribe
Velez as the incoming President of the Republic of Colombia, emphasising the importance of human rights
in Colombia. In the light of this statement what action has the Council taken and does the Council
propose to take vis-á-vis the Colombian authorities to guarantee the physical safety of human rights
defenders in Colombia and ensure their right to freely carry out their work?

Reply

(4 March 2003)

The Council regularly monitors the evolution of the situation in Colombia. As stated in the declaration
made by the Presidency on behalf of the EU:

The new Government of Colombia is facing substantial political, economic and social challenges. The
European Union and its Member States will support President Uribe in his efforts to meet these
challenges. In this respect the EU welcomes the commitment of the new Government to the principles
of democracy, respect for human rights and the rule of law as well as its intentions to strengthen the
institutions of the state and to work for increased security and to fight against terrorism and drug
trafficking.