WRITTEN QUESTION E-1279/03 by Koldo Gorostiaga Atxalandabaso (NI) to the Commission. Lack of medical care for Basque political prisoners.
Date: 2003-04-04
Institutions: European Parliament, Provisional data
Subjects: Spain, barring of penalties by limitation, competence of the Member States, political prisoner, prison system, right to health

6.2.2004

EN

Official Journal of the European Union

C 33 E/103

to their formal adoption. If the Commission finds that such national systems constitute undue trade
barriers or restrictions to competition, violating Community law,
tackle these
problems with the Member State concerned.

the Commission will

Once formally adopted, the Commission will continuously monitor the application and functioning of
these national systems and will in light of the available information take the appropriate measures with the
Member States concerned to eliminate such obstacles to the internal market or competition to which the
Honourable Member refers. There are, however, currently no intentions to propose legislative measures at
Community level with a view to harmonise national deposit- and return systems.

On the basis of the information available to the Commission, the Danish packaging tax does not seem to
constitute State aid within the meaning of Article 87(1) of the EC Treaty. The tax itself seems to be levied
on both bottles produced in Denmark and on imported bottles on a non-discriminatory basis. Therefore, it
does not seem to grant a selective advantage, which is one of the requirements in order to qualify a
national measure as State aid under the Union rules.

For the moment, the Commission has insufficient information at its disposal in order to form a proper
opinion on the alleged fact that Danish nationals would not be required to pay a deposit on cans
purchased in Germany, if they sign a declaration that they import the cans into Denmark.

On the basis of the system outlined in this question, the Danish national tax system does not seem
incompatible with the prohibiting of fiscal discrimination against products from other Member States to
indirectly protect domestic products, within the meaning of article 90 of the EC Treaty.

(1) OJ L 365, 31.12.1994.
(2) OJ L 204, 21.7.1998.

(2004/C 33 E/103)

WRITTEN QUESTION E-1279/03

by Koldo Gorostiaga Atxalandabaso (NI) to the Commission

Subject: Lack of medical care for Basque political prisoners

(4 April 2003)

Lack of medical care for Basque political prisoners shows how laws are not equally implemented in the
Spanish Kingdom.

Bautista Barandalla’s case is one of the clearest examples of that. This 38-year old Navarrian has been in
prison for over 12 years. In 2000 he was diagnosed with ulcerous proctitis but he was not admitted into
hospital until March 2002. From that time, 13 times he has had parts of his colon and rectum removed.
He was always moved from hospital to prison too early. Given Barandalla’s situation a request was made
to the Criminal Court of Zaragoza for Barandalla’s release under Article 92 of the Penal Code due to his
sufferings and incurable illness. This request was repeated several times and all of them were refused in
spite of additional reports from different doctors and hospitals that consider it absolutely necessary for
Barandalla to be released.

Can the Commission say what steps it will take in a humanitarian bid to remedy this situation?

Answer given by Mr Vitorino on behalf of the Commission

(11 June 2003)

Matters relating to the release of prisoners on health grounds are the responsibility of Member States.

Consequently, the Commission is not in a position to take any action under Community law in such cases.