WRITTEN QUESTION E-0277/03 by Brian Simpson (PSE) to the Commission. Soda ash imports.
Date: 2003-02-07
Institutions: European Parliament, Provisional data
Subjects: United States, anti-dumping legislation, chemical salt, common tariff policy, dumping, tariff negotiations

C 88 E/596

Official Journal of the European Union

EN

8.4.2004

It is not correct to say that the Czech legal system makes no provision for complaints against action taken
by the authorities. All decisions and other acts of administrative bodies (central or local government and
other entities if exercising public authority) which affect subjective rights and obligations of natural or
legal persons are in principle, subject to full judicial review, unless otherwise provided for by law. The
exceptions to this general rule,
in Act 150/2002 Coll. on Administrative Courts Procedure Code, are
relatively few, and mostly concern classified information and State security matters (e.g. decisions on
security screening (cid:1) which are important for individuals to qualify for a number of posts in civil service).

Civil Courts are competent to review decisions by administrative bodies addressing civil law, family law,
law relationships (cf. Articles 7 and 244ss. of the Civil Procedure Code),
labour law and commercial
whereas courts (in principle special panels of Regional Courts) acting as administrative courts (under the
Administrative Courts Procedure Code) have jurisdiction for all other litigation challenging decisions, illegal
infringements not constituting decisions and inaction by any public or private entity acting as an
administrative body (cf. Articles 2-4 and 65ss of Act 150/2002 Coll.).

Judicial review of administrative decisions is still a relatively new concept in the current Czech legal
environment and therefore whilst basic texts are reasonably clear,
implementation in practice can be
uneven. The Supreme Administrative Court, which should unify the case law of Regional Courts acting in
their administrative judiciary capacity is now becoming operational.

The Czech Republic also has a well-established Ombudsman’s office,
administrative affairs can be submitted.

to which complaints about

As regards the Honourable Member’s reference to bribes, the Commission does not posses any material
proof of such allegations.

Several initiatives have been taken to improve the operation of the Commercial Register, but they have
been unsuccessful for the time being. A Member of Parliament’s draft Act to privatise the Commercial
Register (to make it independent and accountable) was rejected by the Chamber of Deputies in December
2001.

Issues relating to the Commercial Register have been regularly raised by the business community (both
Czech and Community) and the Chambers of Commerce in the Czech Republic. The question of the
efficient functioning of the Commercial Registers was highlighted in the 2002 Regular Report and the
Commission continues to monitor the situation.

Finally, the Commission is not aware of the case in Bozi Dar referred to by the Honourable Member and
would be happy to consider any substantiated complaint from Mr Engert.

(2004/C 88 E/0609)

WRITTEN QUESTION E-0277/03

by Brian Simpson (PSE) to the Commission

(7 February 2003)

Subject: Soda ash imports

Will the Commission investigate the dumping of soda ash by the USA into the EU market? Further, will
the Commission support the retention of the import tariffs on this product during the future WTO round
but ensure that if tariffs do have to be removed, it is done in a phased and controlled way?

Answer given by Mr Lamy on behalf of the Commission

(10 March 2003)

As regards the dumping of soda ash by the United States into the European market, the Commission wants
to inform the Honourable Member that anti-dumping proceedings are conducted on the basis of Council

8.4.2004

EN

Official Journal of the European Union

C 88 E/597

Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries
not members of the Community (1), which states that a Community industry has to file a complaint with
the Commission. This complaint should contain sufficient evidence as regards injury and dumping. So far,
no such complaint has been received. In the event that such information is brought to the attention of the
Commission, the evidence will of course be examined expeditiously.

As regards the current multilateral negotiations under the Doha Development Agenda, the Community
proposes that all World Trade Organisation (WTO) Members agree to reduce all tariff duties considerably
by compressing them into a flatter range of tariffs to eliminate tariff peaks and high tariffs. Given that the
main goal of this round is sustainable development, and since exceptions and further sheltering of sectors
can only result in distortions and costs that developing and least developed countries can ill afford, the
mechanism shall apply without sheltering of any sector. This does not prevent the Community, though,
from proposing implementation timetables that are in keeping with our economic sensitivities.

(1) OJ L 56, 6.3.1996.

(2004/C 88 E/0610)

WRITTEN QUESTION P-0306/03

by Hanja Maij-Weggen (PPE-DE) to the Commission

(4 February 2003)

Subject: Human rights situation in Zimbabwe

Is the Commission aware that the Amani Trust, a human rights organisation which works with victims of
torture, has received threats to fire-bomb its offices and that the organisation has had to suspend its
activities as a result?

Is the Commission also aware of the fate of Job Sikhala, MDC MP, Gabriel Shumba, a legal officer with the
Zimbabwe Human Rights NGO Forum, Charles Mutama, Bishop Shumba and T. Magaya? Medical evidence
has indicated that the five men were tortured with electricity.

Is the Commission prepared to arrange an inquiry into the cases of these individuals and the current
position of the Armani Trust and publish the findings through an answer to this question?

Answer given by Mr Nielson on behalf of the Commission

(7 March 2003)

The Commission is aware of the facts raised by the Honourable Member, which can be seen as concrete
examples of the current decline in the human rights state of affairs in Zimbabwe. Reports received from
the Commission’s Delegation in Harare confirm the increased incidents of politically motivated violence,
some of which are raised by the Honourable Member.

inhuman treatment and torture of members of

The Union reacted by issuing, on 20 February 2003, a declaration expressing its concern over the recent
arbitrary arrests,
the opposition and civil society
organisations. The Union calls on the government of Zimbabwe to end all harassment, intimidation and
violence against them. It urges the government and all political stakeholders to open serious dialogue to
overcoming the current overwhelming problems facing Zimbabwe on the humanitarian, social and
economic fronts.

is one of the
The respect of human rights, which form part of the essential elements of Cotonou,
conditions under constant review in the framework of the 18 February 2002 Council Decision concluding
consultations under Article 96 of the Cotonou Agreement. Therefore, the Commission follows the human
rights situation closely and has taken and will continue to take appropriate measures in response to the
deteriorating situation in this country. However, the Commission is not in a position to conduct inquiries
and report on individual cases.