WRITTEN QUESTION E-1285/03 by Mario Borghezio (NI) to the Commission. European Union action to ensure civil and respectful treatment for prisoners of war in Iraq.
Date: 2003-04-04
Institutions: European Parliament, Provisional data
Subjects: Iraq, cruel and degrading treatment, international human rights law, prisoner of war, the EU's international role

C 78 E/710

Official Journal of the European Union

EN

27.3.2004

(cid:1) although the Directive provides for the adoption of three basic indicators for use in the noise maps
and other acoustic indexes that can be defined by the Member States, the preliminary draft law
proposes very little in this regard. It provides for standard acoustic indexes for the 24 hours of the day
(divided into the three periods defined in the Directive: day, evening and night), but defers any
definition of these until subsequent legislation is drafted;

(cid:1) the draft law is vague as regards the noise maps and their typology (which are mandatory under the
Directive), as it also defers until subsequent legislation the population density factors applicable to the
delimitation of urban agglomerations, and the actual typology of the noise maps, etc.;

(cid:1) the action plans laid down in Annex V to the Directive are only taken up at a broad objectives level in
the preliminary draft law, with the definition of their minimum contents, as set out in the Directive,
being deferred until later.

The Commission can and should work with the Member States to ensure the correct transposition of
directives into national law, by suggesting corrections, during the pre-approval process, to any aspects
thereof which may present weaknesses.

In view of this, will the Commission intervene in the process of the transposition of Directive 2002/49/EC
to correct those aspects of the Spanish preliminary draft law which clearly fail to conform with the
provisions of Community noise legislation?

(1) OJ L 189, 18.7.2002, p. 12.

Answer given by Mrs Wallström on behalf of the Commission

(7 May 2003)

The Commission has received the preliminary draft law transposing Directive 2002/49/EC of the European
the Council of 25 June 2002 relating to the assessment and management of
Parliament and of
environmental noise (cid:1) Commission statement within the conciliation committee regarding the Directive
relating to the assessment and management of ambient noise, as well as the reports the Honourable
Member attached to this question.

However, given that the preliminary draft is liable to be amended, the Commission does not propose to
comment on it at this stage. It can therefore only await the formal notification of the measures transposing
the Directive.

The Commission is at the disposal of the Spanish authorities to provide them with any assistance they may
require in adopting measures to transpose the Directive by no later than 18 July 2004. Such measures
must be notified to the Commission.

(2004/C 78 E/0759)

WRITTEN QUESTION E-1285/03

by Mario Borghezio (NI) to the Commission

(4 April 2003)

Subject: European Union action to ensure civil and respectful treatment for prisoners of war in Iraq

Right from the outset of the war in Iraq we have seen disturbing images of the inhuman treatment to
which prisoners from the Anglo-American alliance are being subjected. The conduct of the Iraqi authorities
manifestly contravenes the provisions of the Geneva Convention as regards respect for prisoners of war.
It may very soon be that EU citizens are prisoners of war of the Iraqi authorities too.

What action will the Commission take in this regard?

27.3.2004

EN

Official Journal of the European Union

C 78 E/711

Answer given by Mr Patten on behalf of the Commission

(15 May 2003)

The Commission is very concerned by the inhuman treatments of prisoners of war, in violation of the
provision of the Geneva Convention, in this war as in any other conflict. In this regard, the behaviour of
the Iraqi authorities interviewing publicly American prisoners, with intimidatory intent, represents a clear
violation of the Geneva Convention. This behaviour is to be condemned.

The Iraqi government has been dissolved following the United States military occupation. Therefore, the
risk of Union citizens becoming prisoners of the Iraqi authorities no longer exists.

(2004/C 78 E/0760)

WRITTEN QUESTION E-1318/03

by Erik Meijer (GUE/NGL) to the Commission

(7 April 2003)

Subject: Concern about maintaining non-commercial services outside Europe following the EU’s requests in

the WTO GATS 2 negotiations

1.
Is the Commission aware of the outrage expressed by the American national consumer organisation
Public Citizen at the position taken by the Commission in preparation for the WTO negotiations in
Geneva on services (General Agreement of Trade in Services 2000); Public Citizen claims that
the
Commission will be asking for European firms to have access to postal services, drinking water supply,
energy supply, environmental management, public transport, higher education, the distribution of alcohol
and the sale of insurance in the United States and the rest of the world and calling for the abolition of
rules protecting consumers, the environment and democratic decision-making by elected representatives?

Should the reassuring statement made by Commissioner Lamy on 10 March 2003, at the start of the
2.
EP debate on the EU’s approach to the GATS 2 negotiations, to the effect that all the commitments entered
into by the EU are merely temporary, that the audiovisual media should be protected on grounds of
cultural diversity, that government monopolies should remain possible, that there would be no pressure for
privatisation or liberalisation and that the European socio-economic model should be maintained, lead us
to conclude that the EU is much tougher on the outside world than on its own inhabitants?

3.
Following the Unctad contribution to the developing countries’ GATS lists of requests, will the
developing countries be prepared in good time to adopt an equivalent position on the horizontal issues of
emergency safeguard measures and credits for autonomous liberalisation that are of crucial importance to
them, or does the Commission recognise that they need more time?

How does the Commission intend to allay fears outside the EU about demands that would disrupt
4.
local and regional service provision, not least to avoid a situation in which world public opinion sees the
EU as playing the negative role traditionally expected of the United States?

Answer given by Mr Lamy on behalf of the Commission

(26 May 2003)

1.
The Commission is aware that Public Citizen has made a number of sensational and misleading
claims about the Community’s request to the United States. The critique is based on two misperceptions
about the General Agreement on Trade in Services (GATS), namely that it promotes privatisation and that
the agreement is a threat to governments’ ability to regulate in the public interest.