WRITTEN QUESTION E-0645/03 by Koldo Gorostiaga Atxalandabaso (NI) to the Commission. 2002 annual debate on an area of freedom, security and justice.
Date: 2003-03-04
Institutions: European Parliament, Provisional data
Subjects: European judicial area, Spain, area of freedom, security and justice, fundamental rights, protection of freedoms, public safety, right to justice, terrorism

C 11 E/102

Official Journal of the European Union

EN

15.1.2004

Regarding the Honourable Member’s specific concerns, the new proposed Regulation (1) does not contain
requirements, which prescribe institutions how to develop their rating systems and what kind of risk
factors they have to take into account. The new requirements simply stress that all relevant available
information must be taken into account.

Thus under Basel II as it is up to now, it remains within the responsibility of the financial institutions,
which factors they take into account and how these factors are weighted in the assessment of the credit
quality of their borrowers. This also applies to the question whether rating systems of financial institutions
differentiate between industry sectors and the size of the company.

What will change with Basel II is the fact that, if an institute would like to use its internal ratings for the
regulatory capital calculation, the responsible supervisor will now have to check the reliability of this
rating system. This should improve the quality of these systems and should have no negative effect for
SMEs.

The Commission would like to assure the Honourable Member of the importance it attaches to the
treatment of SMEs.

(1) http://europa.eu.int/comm/internal_market/en/finances/capitaladequacy/index.htm.

(2004/C 11 E/102)

WRITTEN QUESTION E-0645/03

by Koldo Gorostiaga Atxalandabaso (NI) to the Commission

(4 March 2003)

Subject: 2002 annual debate on an area of freedom, security and justice

On 12 February, during the 2002 annual debate on an area of freedom, security and justice, I asked the
Council Office and Commissioner Vitorino the following questions, without receiving any response from
them.

In the Kingdom of Spain on 13 February 1981, that is to say 22 years ago, Joseba Arregi, a Basque
political prisoner, died under torture while he was in police custody.

In 2002, 634 politically motivated people were arrested. 127 of them subsequently claimed in court that
they had suffered ill treatment or torture.

Has the Commission received clear information about this issue from the Spanish Government?

Does the Commission consider that
Government?

the transparency principle has been respected by the Spanish

Last year the Spanish Government proposed banning several social organisations (cid:1) media and cultural
associations (cid:1) that had denounced the political repression suffered by Basque dissidents. As a result of a
Spanish initiative, the European Union has drawn up a black list of associations and individuals accused of
specific or tacit support for terrorism. The accused have neither legal means of defence nor effective access
to the courts.

Does the Commission consider there has been real enforcement of the democratic control principle with
regard to Spain?

Will the Commission put forward a judicial instrument, in the new texts being drafted, for those included
on the European Union’s black list?

15.1.2004

EN

Official Journal of the European Union

C 11 E/103

Answer given by Mr Vitorino on behalf of the Commission

(7 April 2003)

Respect for fundamental rights is a basic principle of the legal order of the Union and its Member States.

Where a person feels that his fundamental rights have been infringed, the fact that he can bring the matter
before the European Court of Human Rights after exhausting all domestic judicial remedies guarantees him
legal protection as a last resort.

Finally, it should be noted that the Council adopted on 19 December 2002 its decision 2003/48/JHA on
the implementation of specific measures for police and judicial cooperation to combat terrorism in
accordance with Article 4 of Common Position 2001/931/CFS (1) 1.

(1) OJ L 16, 22.1.2003.

(2004/C 11 E/103)

WRITTEN QUESTION E-0652/03

by Erik Meijer (GUE/NGL) to the Commission

(5 March 2003)

Subject: Conflict between the large increase in the price of residence permits in the Netherlands and

promotion of freedom of establishment in the EU

1.
Is the Commission aware that the Immigration and Naturalisation Service in the Netherlands raised
the price of applying for a residence permit by several hundred euro both in August 2000 and at the
beginning of 2003, with the result that migrants from other Member States and from third countries living
in the Netherlands now have to pay EUR 890 for an open-ended residence permit, instead of, initially,
EUR 227 and, later, EUR 539, while the price of temporary permits has risen from EUR 56 to 430 for
students, workers and new arrivals from third countries, while those for EU nationals cost EUR 28?

2.
Is the Commission also aware that this increase is made particularly swingeing by the fact that an
extension of a permit that expires as of 1 March 2003 is no longer free of charge, but will cost EUR 285,
people who do not pay the new high prices are expelled from the country (cid:1) and there are no
arrangements to help people with low incomes and large families -, and migrants whose application for a
residence permit is rejected do not have their money refunded?

3.
How do the amounts referred to in point 1 compare with those that people in comparable situations
have to pay for similar permits in other EU Member States? Which countries issue such permits free of
charge?

4. What impact does the Commission expect these measures to have on the possibility for foreigners to
work and study in the Netherlands?

5.
Are these prices compatible with the European Union’s policy of promoting freedom of establish-
ment for nationals of one Member State in another and of taking increasing account of the situation of
third-country nationals who have been resident here for a long time? Does the Commission see any way of
doing away with or lowering these prices?

Answer given by Mr Vitorino on behalf of the Commission

(9 April 2003)

The Honourable Member’s question relates to the increase in the price of residence permits in the
Netherlands.

The Commission was aware that the costs of issuing and renewing residence permits for third-country
nationals had increased.