WRITTEN QUESTION E-0658/03 by Charles Tannock (PPE-DE) to the Commission. UN Security Council Resolutions on Iraq and the use of force.
Date: 2003-03-06
Institutions: European Parliament, Provisional data
Subjects: Iraq, UN Security Council, UN resolution, interpretation of the law, legal basis, military intervention

6.2.2004

EN

Official Journal of the European Union

C 33 E/65

At this stage, the Commission does not consider that the behaviour of the Indonesian Government
conflicts with its World Trade Organisation obligations.

With regard to the alleged ignorance of the judgement by the Indonesian Government the Commission
considers this as an internal problem which has no bearing on Indonesia’s international obligations. The
Commission therefore does not intend to intervene with the Indonesian Government at this stage.

(2004/C 33 E/061)

WRITTEN QUESTION E-0658/03

by Charles Tannock (PPE-DE) to the Commission

(6 March 2003)

Subject: UN Security Council Resolutions on Iraq and the use of force

The Conclusions of the European Council of 17 February 2003 declare, inter alia, that Baghdad must
‘disarm and co-operate immediately and fully’, that the Union’s objective for Iraq ‘remains full and effective
disarmament in accordance with the relevant UNSC resolutions, in particular resolution 1441’, and that the
Council pledges its ‘full support to the (UN Security) Council in discharging its responsibilities’.

Resolution 1441 makes reference to a number of previous UNSC resolutions pertaining to Iraq including
678 (1990) and 687 (1991). Although principally concerned with the liberation of Kuwait, Paragraph 2 of
Resolution 678 reads as follows:

Authorizes Member States co-operating with the Government of Kuwait, unless Iraq on or before
the above-mentioned
15 January 1991 fully implements, as
resolutions, to use all necessary means to uphold and implement resolution 660 (1990) and all
subsequent relevant resolutions and to restore international peace and security in the area.

forth in paragraph 1 above,

set

Paragraph 3 of the same resolution continues:

Requests all States to provide appropriate support
paragraph 2 above.

for the actions undertaken in pursuance of

UN Security Council Resolution 687, whilst reaffirming ‘the need to be assured of
Iraq’s peaceful
intentions’, required Iraq to unconditionally accept the destruction or removal of all biological and
chemical weapons as well as research and manufacturing facilities and to accept immediate on-site
inspections of its chemical, biological and missile capabilities by UNSCOM.

Does the Commission accept that Iraq’s longstanding failure to co-operate with the U.N. in accounting
fully for its weapons of mass destruction and the continued threat to regional security which this presents
mean that international peace and security have not yet been restored to the area? If so, does the
Commission accept that resolutions 678, 687 and 1441 provide an adequate legal basis for armed
intervention in the event that Iraq continues to fail to co-operate with the UN in accounting for its stocks
of biological and chemical weapons?

Answer given by Mr Patten on behalf of the Commission

(25 March 2003)

As already stated in previous Council declarations as well as in the last European Council conclusions of
17 February 2003, the Commission agrees that Iraq failed to comply with several United Nations Security
Council resolutions from 1991 onwards.

C 33 E/66

Official Journal of the European Union

EN

6.2.2004

The Commission believes that it is the responsibility of the United Nations Security Council to decide
whether the United Nations Security Council Resolution 1441 provides or not the adequate legal basis for
armed intervention. The Commission upholds the authority of the United Nations Security Council as the
competent body to provide the adequate interpretation of these resolutions, and to answer the questions
the Honourable Member raised.

(2004/C 33 E/062)

WRITTEN QUESTION E-0660/03

by Maurizio Turco (NI) to the Commission

(6 March 2003)

Subject: Fraud against the EU budget involving 514 companies based in Italy and Luxembourg

Knowing that:

(cid:1) on 18 February the Italian judiciary arrested 10 people charged in connection with false invoices and

fraud against the EU budget, involving 514 companies based in Italy and Luxembourg;

(cid:1) those arrested include the managing director of Maguro SpA, which has its registered office in San
Prospero Parmense (Parma) and operational base in Sant’Ilario d’Enza (Reggio Emilia). He had already
been cautioned in 2001 in connection with attempted embezzlement of Community funds from the
Banco di Sicilia.

Can the Commission say:

(cid:1) whether it knows about the two investigations and, if so, whether OLAF has launched inquiries;

(cid:1) whether it has obtained or intends to obtain a list of the 514 companies implicated in the fraud;

(cid:1) whether it has a data bank concerning individuals and companies who have defrauded or tried to

defraud the EU and, in the case of companies, data concerning the people in charge of them?

Answer given by Ms Schreyer on behalf of the Commission

(28 April 2003)

The Commission can confirm to the Honourable Member that the facts in question are under criminal
investigation in Italy and currently subject to judicial confidentiality (Article 329 of the Italian Criminal
Code on preliminary investigations).

Should it emerge that Community funding has been affected, the Member State will have to notify the
Commission of that fact, in accordance with the sectoral and general rules, following prior authorisation
by the competent judicial authority. The European Anti-Fraud Office (OLAF) could establish from the
notification whether there was any damage to the Community budget, as well as gathering information on
the companies and individuals involved. At this stage, OLAF has indicated that no investigations are
ongoing.

Finally, the Commission states that it has no register of individuals and companies guilty of fraud or
attempted fraud against the European Union. However, depending on how the Community funds in
question are managed, there are several databases with information on irregularities relating to Community
funds.

It should also be noted that, in accordance with the subsidiarity principle, it is the Member States which
are principally responsible for the financial control of Community funds.