WRITTEN QUESTION P-3769/02 by Caroline Lucas (Verts/ALE) to the Commission. GATS.
Date: 2002-12-16
Institutions: European Parliament, Provisional data
Subjects: GATS, environmental economics, horizontal agreement, least-developed country, provision of services, public service, public-private partnership, service concession

27.3.2004

EN

Official Journal of the European Union

C 78 E/351

Furthermore, under the 8th European Development Fund (EDF) the Commission is funding a EUR 5 million
programme in support of rule of law, good governance and human rights, for which implementation
started in July 2001. Among the components of this programme are support to the Ugandan Human
Rights Commission for a more comprehensive monitoring and analysis of the human rights situation in
Uganda, support to civil society organisations to increase demand for human rights and rule of law,
support to civic education activities, support for community service as an alternative to prison through
National Community Service, strengthening of the role of parliament as well as support to the Amnesty
Commission for the implementation of the Amnesty Act.

Under the 9th EDF, approximately EUR 18 million will be allocated to support capacity building for good
governance. Two specific programmes are foreseen, one in support of the decentralisation policy and one
in support of the democratisation process and development of a human rights culture. In a separate
programme the Union will provide support to capacity building for non-state actors.

Regarding the specific question on the situation of the UPDF prisoners, the Ugandan Human Rights
Commission (UHRC) has informed the Commission that
the prisoners are now being held in the
Government administered ‘Kigo’ prison on Entebbe Road in Kampala. The prisoners have twice received
visits from the Ugandan Human Rights Commission, according to which some of the prisoners have asked
to be granted amnesty, while others have sought more speedy trials. It appears that so far no formal
accusation has been introduced.

The Commission as well as the Member States represented in Uganda are monitoring the situation and are
satisfied that the prisoners are now being treated according to normal judicial procedures after having been
transferred from army custody.

Regarding the death of one of the prisoners, the Commission has been informed that an Ugandan Member
of Parliament (MP) has filed a complaint on behalf of the family with the courts, the course of which
should be awaited.

(2004/C 78 E/0369)

WRITTEN QUESTION P-3769/02

by Caroline Lucas (Verts/ALE) to the Commission

(16 December 2002)

Subject: GATS

Can the Commission confirm whether the EC has made any requests of least developed countries relating
to environmental services and, if so, can the Commission give an indication of the target and scope of
these requests?

The EC has listed a horizontal limitation relating to the provision of public services. This is essentially an
‘exemption’ from the rules that applies across all sectors. The limitation reads as follows: ‘In all EC Member
States, services considered as public utilities at a national or local
to public
monopolies or to exclusive rights granted to private operators.’ As potentially the most important issue
facing European services in these negotiations, why did the Commission not refer to, or seek views on, this
limitation in its consultation document? Does the fact that it listed this horizontal limitation indicate that it
does not have confidence that Article 1.3 was sufficiently robust to defend public services; and if it does
think it sufficiently robust, why was the extra horizontal limitation required?

level may be subject

Answer given by Mr Lamy on behalf of the Commission

(20 January 2003)

The Commission can confirm that the initial requests addressed by the Community to a number of Least
Developed Countries (LDCs) did, in some cases, also cover environmental services. In those cases the LDCs
were invited to ‘to consider taking commitments’ in mode 3 and mode 4 with reference to horizontal
In line with the Community’s
request

intra-corporate transferees (ICTs) and business visitors).

(i.e.

C 78 E/352

Official Journal of the European Union

EN

27.3.2004

classification proposal the invitations covered water collection, purification and distributions services, and
waste water services; waste management services, protection of ambient air and climate, remediation and
cleanup of soil and water. It should however be pointed out that such requests were only addressed to 7
out of the 30 LDCs that are members of the World Trade Organisation (WTO) and where EC believed that
opening those sectors to foreign delivery would clearly be beneficial for their economic development by
allowing better access to foreign capital and know-how.

The horizontal limitation addresses those areas which fall under the scope of the agreement, and thus
outside the exemption provided for by Article 1.3 GATS. In particular this covers the situations where
services are offered under commercial conditions, for example in the case of waste management, but where
Member States, due to the specific organisation of that market, have decided to limit the provision of those
services within a specific area to only one service supplier.

(2004/C 78 E/0370)

WRITTEN QUESTION E-3863/02

by Graham Watson (ELDR) to the Commission

(10 January 2003)

Subject: North Korean refugees

Is the Commission aware that North Korean refugees in China are being forcibly repatriated to North
Korea by Chinese authorities even though they are likely to face prison sentences or even execution?

Is the Commission also aware that the Chinese authorities have arrested and put on trial several people for
assisting North Korean refugees?

Given that
the Chinese authorities are denying the United Nations High Commission for Refugees
(UNHCR) access to the North Korean refugees, and in doing so are violating the UNHCR-China bilateral
treaty and breaking international law, what pressure will the Commission bring on the Chinese authorities
to put an end to forced repatriation and respect the terms of the treaty?

Answer given by Mr Patten on behalf of the Commission

(29 January 2003)

The Commission is aware of the situation of North Korean Refugees in China and shares the Honourable
Member’s concern.

The Union has raised the issue on every possible occasion both with the Democratic Peoples Republic of
Korea (DPRK) and China. In particular within the framework of the bilateral Union-China dialogue on
human rights, the Union has urged China to respect international humanitarian norms and to grant access
to the Office of the High Commissioner for Refugees to assess the situation of North Koreans in the border
area.

Furthermore, the Union called on China to refrain from repatriating North Koreans until satisfactory
assurances could be obtained from North Korean authorities that punishments had ceased. The treatment
of North Korean refugees in China and the Union’s corresponding demands have been reiterated during
the last session of the Union-China bilateral Human Rights dialogue held 13/14 November 2002 in
Beijing.

The Commission will continue to monitor the situation of refugees from North Korea with particular
attention and raise the issue in its contacts with the DPRK and the Chinese authorities.