WRITTEN QUESTION E-3443/02 by Roger Helmer (PPE-DE) to the Commission. Persecution of Falun Gong practitioners.
Date: 2002-12-03
Institutions: European Parliament, Provisional data
Subjects: Hong Kong, democracy, freedom of expression, freedom of religious beliefs, human rights, rule of law

C 65 E/10

Official Journal of the European Union

EN

13.3.2004

In November 2001, the previous Government had decided to change the arrangements of support for
churches. It had therefore proposed for adoption by Parliament Article 153 of a general law on finances
modifying as of
repartition between churches. The new financing
arrangements were based on the results of the 2001 census, which for the first time included a non
mandatory question on church affiliation following a joint recommendation by the United Nations
Economic and Social Committee and Eurostat in the context of the forthcoming census world campaign.

January 2003 the system of

The question on religion included in the 2001 census appears to have been an open one, i.e. it did not
contain any list of churches from which to choose from and it was up to the respondent to name the
religion, but a response was not compulsory.

Nevertheless some 9 million persons responded to the question on religion, out of which 7,6 million
claimed to belong to some 260 various churches/religions. These figures basically confirmed the previously
estimated numbers.

To avoid any possible ambiguity, the Government has decided to maintain the church financing regime of
1997, through an amendment annulling Article 153 adopted in 2001. The Commission welcomes this
modification that will enter into force in January 2003, following the Hungarian Parliament’s vote in
December 2002.

(1) See Article 60 of the constitution:

1.

In the Republic of Hungary everyone has the right to freedom of thought, freedom of conscience and freedom
of religion;

2. This right shall include the free choice or acceptance of a religion or belief, and the freedom to publicly or
privately express or decline to express, exercise and teach such religion and beliefs by way of religious actions,
rites or in any other way, either individually or in a group;

3. The church and the state shall operate in separation in the Republic of Hungary;
4. A majority of two-thirds of the votes of the Members of Parliament present required to pass the law on the

freedom of belief and religion.

(2) Act CXXXIII of 2000. There are three alternative conditions: the Church must either:

(i) have benefited in the 2 last years of at least 1 % of the revenues of the taxpayers 1 % support scheme, or
(ii) have been present in Hungary for at least 100 years, or
(iii) have been officially registered in Hungary for 30 years.

(2004/C 65 E/010)

WRITTEN QUESTION E-3443/02

by Roger Helmer (PPE-DE) to the Commission

(3 December 2002)

Subject: Persecution of Falun Gong practitioners

Would the Commission confirm that it is aware of the human rights abuses of peaceful Falun Gong
practitioners in China where this peaceful
lifestyle choice has been denounced as a dangerous and
subversive cult?

Can the Commission confirm it is aware of the controversial ‘Article 23’ legislation soon to be introduced
in Hong Kong? The Commission may be aware that the ‘anti-subversion’ legislation would force Hong
Kong to ban any organisation determined by China as a national security risk and would affect all dissident
groups including Catholics and democracy activists. Would the Commission agree that this would be a
huge violation of Hong Kong’s autonomy and widen the field of persecution to yet more innocent Falun
Gong practitioners?

How will the Commission oppose China’s introduction of Article 23 which will tend to limit the right to
free speech and freedom of the press in Hong Kong?

13.3.2004

EN

Official Journal of the European Union

C 65 E/11

Answer given by Mr Patten on behalf of the Commission

(19 December 2002)

Respect for human rights represents a central issue in the Union’s relations with China. In the context of
the bilateral dialogue on human rights, established between the Union and China in 1996, the Union
regularly raises individual cases of concern, including cases involving Falun Gong practitioners. In addition,
the Union has on several occasions undertaken formal démarches to express concern about reports of
torture and ill treatment of arrested followers of the Falun Gong movement, and has urged China to review
harsh sentences imposed on them. In particular, the Union has requested China to ensure that safeguards
for a fair trial, including adequate legal representation, are fully respected with respect to all individuals.
Concern about the violations of the human rights of the followers of Falun Fong was also expressed in the
March 2002 conclusions of the General Affairs Council on Human Rights in China.

The Commission appreciates the major importance and political sensitiveness in the global Chinese context
of the initiative taken by the Hong Kong Government to start up a consultative process in view of enacting
on Article 23 of the Basic Law. However, as the consultation document was drafted in general terms, it will
only be possible to make an accurate judgement or assessment of its effects on human rights and
fundamental freedoms, including the freedom of religion, once the draft bill has been submitted to the
Legislative Council. This should happen in February 2003.

So far, the Commission is of the opinion, as expressed in its fifth annual report on Hong Kong adopted on
5 August 2002 (1) that, four and a half years after the hand-over, the ‘One Country, Two Systems’ principle
continues to work reasonably well, and that Hong Kong, in general, has preserved its rule of law, human
rights, civil liberties and free and open society.

However, the report also acknowledges that the actual implementation of these principles has given rise to
some debate and uncertainty. Therefore, the Commission will continue to follow the developments in
Hong Kong very closely, in particular with regard to further evolutions concerning Article 23.

(1) COM(2002) 450 final.

(2004/C 65 E/011)

WRITTEN QUESTION E-3458/02

by Christopher Heaton-Harris (PPE-DE) to the Commission

Subject: Tax treatment of biodiesel in Germany and France

(6 December 2002)

What is the tax treatment of biodiesel made from rapeseed methyl ester (RME) compared to normal
mineral diesel in Germany and France?

Total-Fina-Elf sells diesel containing a percentage of RME. Could the Commission confirm whether this is
because of taxation encouragement from the French Government or due to a French Governmental decree?

Answer given by Mr Bolkestein on behalf of the Commission

(16 January 2003)

The normal rates of excise duties applicable to diesel used as a propellant are currently EUR 389 and

1.
EUR 440 for thousand litres in France and Germany respectively.

Germany, according to § 1 Abs. 2 Mineralölsteuergesetz i.V.m. § 1 Abs. 2 Nr 1 Mineralölsteuerdurch-
führungsverordnung, grants a full tax exemption to 97 % pure biodiesel sold in Germany. In practise, this
tax exemption applies mostly to methyl esters having a vegetable origin (including rapeseed).