WRITTEN QUESTION E-3121/02 by Richard Howitt (PSE) to the Council. Safety of human rights workers in Colombia.
Date: 2002-10-30
Institutions: European Parliament, Provisional data
Subjects: Colombia, EU relations, crime, establishment of peace, fight against crime, human rights, non-governmental organisation

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.

C 155 E/94

Official Journal of the European Union

EN

3.7.2003

The EU condemns vigorously all violations of human rights and of international humanitarian law in
Colombia and calls upon all parties to work for a negotiated solution to the conflict as the only way
to bring about a lasting peace.

The EU will fully support the efforts of the new Government to end impunity and recalls the
force of the law to bear on those responsible for the crimes
importance of bringing the full
committed.

The EU considers that special attention must be paid to social and economic reforms in order to
achieve a long lasting solution. The EU stands ready to assist the Government in planning and
implementing such reforms in addition to its continuing efforts to support initiatives aimed at
promoting peace and reconciliation.

The EU is regularly briefed on the working conditions of NGOs in Colombia. The NGOs make an
important contribution to alleviating the humanitarian crisis, and of promoting human rights and social
justice. The EU and Member States’ representations have established a close dialogue with the NGOs on the
ground and are also in active talks with the Colombian Government to promote NGO activities, which
helps to enhance their security. Last December, the Council adopted comprehensive conclusions on the
situation in Columbia in which, inter alia, it called upon the Colombian Government to recognise and
support the role of civil society and Non-Governmental Organisations as important stakeholders in
carrying out these reforms and moving towards a negotiated settlement of the internal armed conflict.

(2003/C 155 E/106)

WRITTEN QUESTION E-3131/02

by Alexander de Roo (Verts/ALE) to the Commission

(4 November 2002)

Subject: Gas plant at Kirkop, Malta

Multigas Ltd is the main industrial and medical gas producer in Malta which produces and distributes
oxygen, nitrogen, carbon dioxide, compressed air, dry ice, acetylene and hydrogen. It complements its
production range through imports of various other gases for various applications in the medical, industrial
and refrigeration fields.

Multigas Ltd is about to relocate its activities from the existing plant at Hamrun to a new production plant
to be built in Kirkop, at a distance of 70 metres from houses and dwellings. The new plant will also be
used for the storage of gas cylinders, acetylene and ammonia, a highly dangerous and explosive gas.

The company obtained a permit from the Maltese National Planning authority, based on an Environmental
Planning Statement (EPS). This EPS should be the equivalent of the Environmental Impact Assessment that
is needed for such a type of projects.

Does the European Commission consider an EPS as the equivalent of an EIA, as defined in EU
1.
legislation? If not, is the Commission prepared to suggest that the Maltese authorities apply the EIA to this
project?

2.
In relation to risk-evaluation and risk-assessment, does the new Multigas Ltd facility comply with
European legislation, especially Directive 96/82/EC (1) (Seveso II Directive) and the proposed amendment of
this Directive?

Does the Commission agree with me that the appropriate planned Multigas plant and the houses in

3.
Kirkop will be too close to each other?

4.
Does the Commission agree that the volume of noise (from the production plant), the increase in
traffic noise and the number of transport operations (including the transport of industrial and medical
gases) will be detrimental to the social atmosphere in the village of Kirkop?

Should the Directive relating to the assessment and management of environmental noise (2002/49/

5.
EC (2)) be applicable to this project?

(1) OJ L 10, 14.1.1997, p. 13.
(2) OJ L 189, 18.7.2002, p. 12.