WRITTEN QUESTION E-3551/02 by Charles Tannock (PPE-DE) to the Commission. Article 23 legislation in Hong Kong and the rights of Falun Gong practitioners throughout China.
Date: 2002-12-12
Institutions: European Parliament, Provisional data
Subjects: China, Hong Kong, freedom of religious beliefs, human rights, religious group, rule of law

C 65 E/16

Official Journal of the European Union

EN

13.3.2004

Answer given by Mr Lamy on behalf of the Commission

(17 January 2003)

The Commission is indeed aware of the problem of low priced medicines destined for developing country
markets that are being imported into the Community.

Importation of medicines coming from third countries into a Member State is subject to the holding of an
authorisation as laid down in Directive 2001/83/EC of the Parliament and of the Council of 6 November
2001 on the Community code relating to medicinal products for human use (1).

Action against unauthorised importation of low priced medicines is currently only possible for products
protected by intellectual property rights. If goods covered by either trademark or patent protection on a
Community market are appearing without permission of the right holder, he/she may take action in the
national courts against the importer and ensure that the goods are removed from circulation.

The Commission has in the context of the Community Programme for action on communicable diseases
and poverty reduction proposed a Council Regulation (2), adopted by the Commission on 30 October
2002, to prevent tiered priced medicines sold to developing countries from entering the Community
market. This Regulation, once in force, will enable the customs authorities to detain goods suspected to be
tiered priced medicines (whether covered by intellectual property protection or not) at the Community
borders until the national authorities issue a decision on the character of the merchandise and the use that
can be given to these goods.

The Commission firmly believes that improved means to prevent import of low priced pharmaceuticals to
be traded on Community markets, as outlined above, will encourage the pharmaceutical
industry and
exporters to supply sufficient volumes of essential medicines to poor countries at affordable prices.

(1) OJ L 311, 28.11.2001.
(2) COM(2002) 592 final.

(2004/C 65 E/017)

WRITTEN QUESTION E-3551/02

by Charles Tannock (PPE-DE) to the Commission

(12 December 2002)

Subject: Article 23 legislation in Hong Kong and the rights of Falun Gong practitioners throughout China

What is the opinion of the Commission on the introduction of the controversial Article 23 legislation or
anti-subversion law, and is the Commission concerned about the threat to the ability of those who wish to
peacefully practise Falun Gong activities either in Hong Kong or in the rest of China to practise their
beliefs unimpeded or without threat of arbitrary arrest? Has the Commission raised the issue of Falun
Gong with the Chinese government, and does the Commission believe that the increase in the numbers of
Falun Gong followers should be seen primarily as a desire on the part of many people to return to older,
spiritual Chinese codes of behaviour rather than as a threat to the political dominance of the Communist
Party itself?

Has the Commission also expressed concern over threats to religious freedom in China, and is the
Commission hopeful that the new leadership under Hu Jintao will address this issue more readily in the
future?

Answer given by Mr Patten on behalf of the Commission

(9 January 2003)

The Commission is aware of the initiative taken by the Hong Kong Government to start a consultative
process in view of enacting Article 23 of the Basic Law. In addition the Commission appreciates the
importance and political sensitivity of the issue in the global Chinese context. However, as the consultation

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EN

Official Journal of the European Union

C 65 E/17

document was drafted in general terms, it will only be possible to make an accurate assessment of its likely
effects on human rights and fundamental freedoms, including the freedom of religion, once the draft bill is
submitted to the Legislative Council. This should take place in February 2003. In the meantime, the Union
is monitoring the issue and will strongly urge the Hong Kong Government to take the views of the Hong
Kong population into account. A possible démarche to the Hong Kong SAR Government is under
consideration.

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. Religious
freedom is high on our agenda with China. It has been regularly -and will continue to be (cid:1) raised in this
framework.

In addition, the Union has on several occasions undertaken formal démarches to express concern about
reports of torture and ill treatment of followers of the Falun Gong movement who have been arrested, and
has urged China to review harsh sentences imposed on them. In particular, the Union has asked China to
ensure that safeguards of a fair trial, including adequate legal representation, are fully respected for all
individuals. Concern about the violations of the human rights of the followers of Falun Fong was also
expressed in the conclusions of the General Affairs Council on Human Rights in China in March 2002.

Regarding the question of the possible impact of Falun Gong on the Chinese Communist Party, the
Commission invites the Honourable Member to refer to the reply given to Written Question E-1969/02 by
Mr Davies (1).

(1) OJ C 137 E, 12.6.2003, p. 38.

(2004/C 65 E/018)

WRITTEN QUESTION E-3573/02

by Ilda Figueiredo (GUE/NGL) to the Commission

(13 December 2002)

Subject: Article 299(2) and social and economic cohesion in the Azores

The outermost regions face particular problems on account of their distance from the EU’s centre, their
high degree of economic specialisation, their natural disadvantages, the smallness of their market and their
high production costs. All of these factors hamper their sustainable development and restrict
their
competitiveness. A further consideration is geographical dispersion, which applies in the case of the
Azores. Special regional-policy and CAP programmes have therefore been drawn up for those regions,
whilst the Amsterdam Treaty contains provision for measures designed to remedy their specific problems,
in particular agriculture-related ones.

One of the cornerstones of the Azores economy is milk and its related products. Its socio-economic
significance and the number of direct and indirect jobs and services it generates make an essential
contribution to social and economic cohesion, for which reason EU regional policy must be called upon to
underpin the region’s economic sustainability and to further the development of the dairy industry.
The latter has been affected by the size of the regional milk quota, which is likely to be exceeded, in which
case fines will have to be paid under the rules governing the common organisation of the market in dairy
products. Such fines, if imposed, would jeopardise the regional economy, which is dependent upon the
dairy industry.

In view of the above, and with due regard to Article 299(2) of the Treaty, would the Commission answer
the following questions:

(cid:1) What action is it planning to take in order to remedy this state of affairs?

(cid:1) With a view to promoting the region’s development, would it consider exempting the dairy sector
from the constraints of the CAP and drawing up a special dairy-sector development programme?