WRITTEN QUESTION E-3204/02 by Stavros Xarchakos (PPE-DE) to the Commission. Personal freedoms in Turkey and Albania.
Date: 2002-11-11
Institutions: European Parliament, Provisional data
Subjects: Albania, EU relations, Türkiye, human rights, linguistic discrimination, protection of privacy

C 11 E/38

Official Journal of the European Union

EN

15.1.2004

While exhaustion of intellectual property rights does apply to products placed on the market by or with
the consent of the right holder within the European single market, right holders are free to take civil action
for infringement in the national courts against the unauthorised parallel importation or commercialisation
of protected goods which have entered the Union from third counties. This position has been confirmed
by the European Court of Justice. There are no plans within the Community to change this policy.

(1) COM(2001) 96 final.
(2) COM(2002) 592 final.

(2004/C 11 E/038)

WRITTEN QUESTION E-3204/02

by Stavros Xarchakos (PPE-DE) to the Commission

(11 November 2002)

Subject: Personal freedoms in Turkey and Albania

According to Community officials, the EU wishes to send a ‘message of encouragement’ to Turkey, while
continuing to strengthen relations with Albania. However,
the Albanian press reports that private
correspondence between Albanian citizens is constantly interfered with, and the respected French
newspaper, ‘Le Figaro’, reported on 22 October 2002 that Mr A. Firat, a candidate standing in the Turkish
elections on 3 November, had been arrested by the Turkish police on 21 October 2002 and charged with
using the Kurdish language at an election rally.

Is the Commission aware of these flagrant violations of personal freedoms in Turkey and Albania? Why do
such violations continue despite years of protest by MEPs, respected international publications, NGOs and
other bodies? Has the Commission perhaps failed to make clear that any country’s economic or other
relations with the EU are dependent on absolute respect for fundamental personal freedoms, which are an
integral part of European culture? Why are the ‘reforms’ recently announced by Turkey concerning the use
of Kurdish in education and broadcasting not being implemented? Do the ‘reforms’ announced by the
Turkish government include the repeal of the antiquated electoral law applying in Turkey, which prohibits
candidates from using any language other than Turkish?

Answer given by Mr Verheugen on behalf of the Commission

(6 January 2003)

The Commission is well aware of the case of Mr A. Firat, the leader of Rights and Freedoms Party (HAK-
PAR), who was detained at a rally in Diyarbakir on 21 October 2002 after speaking Kurdish. Mr A. Firat
was released after five hours on the same day without further repercussions.

According to Turkish electoral
law, the Turkish language has to be used in electoral campaigns. The
Commission is not aware of any concrete proposals to change this law. However, the new government has
indicated its intention to revise the electoral law in the spirit of recent constitutional changes.

As for the recent reform package adopted in August 2002, these reforms relate to education and
broadcasting in languages other than Turkish.

A Regulation on the learning of the different ‘languages and dialects traditionally used by Turkish citizens
in their daily lives’ entered into force on 19 September 2002.

A Regulation concerning broadcasting in languages other than Turkish has not yet been adopted.
According to Law No 4771 of 9 August 2002 all regulations foreseen should enter into force one year
after the date of the publication of the law.

15.1.2004

EN

Official Journal of the European Union

C 11 E/39

The Commission monitors closely the situation of human rights, as indicated in the recently published
2002 Regular Report (1) on Turkey’s progress towards accession to the Union, and will continue to do so
in the future.

As far as Albania is concerned, the Commission, despite following closely the Albanian press, is not aware
of
systematic interference with private correspondence between Albanian citizens. According to
information available to the Commission, sporadic opening of private correspondence cannot be excluded,
but this is mainly the consequence of a deficient Albanian postal service. The Commission will however be
particularly attentive to this issue, and will continue to stress that the respect of human rights and personal
freedoms is indispensable for the strengthening of EU-Albania relations.

(1) COM(2002) 700 final.

(2004/C 11 E/039)

WRITTEN QUESTION P-3216/02

by Nicholas Clegg (ELDR) to the Commission

(7 November 2002)

Subject: UK Government guidelines on tobacco imports by private individuals

Does the Commission regard the increase in UK Government ‘personal use’ guidelines to British travellers
from 800 to 3 200 cigarettes and from 1 kg to 3 kg of hand-rolled tobacco (announced 29 October 2002)
as an adequate response to the problems encountered by cross-Channel shoppers? Does the Commission
agree that guidelines have no binding legal force within the EU single market and that any guidelines of
whatever limit, if interpreted strictly, represent an infringement of free movement laws?

(2004/C 11 E/040)

WRITTEN QUESTION P-3230/02

by Nicholas Clegg (ELDR) to the Commission

(7 November 2002)

Subject: Burden of proof on travellers entering the UK with tobacco purchases in excess of UK guideline

amounts

Does the Commission regard changes to the burden of proof on British travellers suspected of transporting
alcohol and tobacco for commercial ends by the Government on 29 October 2002 as adequate?

Does the Commission agree that maintaining any burden of proof on travellers bringing in more than the
UK Government’s non-binding guideline amounts represents an infringement of the fundamental freedom
to transport goods for personal use within the EU single market?

Joint answer
to Written questions P-3216/02 and P-3230/02
given by Mr Bolkestein on behalf of the Commission

(28 November 2002)

In order to establish the internal market in excise goods (which have always been sensitive to fraud,
particularly in higher taxing Member States), the Community deemed it necessary to provide for a
common excise duty system. This harmonised system entered into force on 1 January 1993.