WRITTEN QUESTION E-1375/03 by Bart Staes (Verts/ALE) to the Commission. Radioactive contamination of mineworkers in Shinkolobwe heterogenite mines.
Date: 2003-04-15
Institutions: European Parliament, Provisional data
Subjects: Democratic Republic of the Congo, EU aid, EU relations, European Development Fund, cobalt, environmental protection, health care, mining extraction, occupational health, radioactive materials

C 280 E/134

Official Journal of the European Union

EN

21.11.2003

4.

The Commission is not aware of such a case.

5.
The Commission is aware of the concerns of the United States. Member States are discussing this
specific issue in the appropriate fora, in particular the International Atomic Energy Agency (IAEA) Board
of Governors on the basis of the preliminary report of Dr El Baradei. The final report is expected in June
2003.

6.
The Commission undertakes, through a comprehensive safeguards system, to prevent any diversion
of nuclear materials from the intended use as declared by the users within the Union. The Commission
co-operates in this respect closely with the IAEA, supporting its international non-proliferation regime.

It should also be noted that the equipment and technology required for enriching uranium are expressly
covered by the Guidelines of the Nuclear Suppliers’ Group (NSG). Accordingly, exports of such equipment
and technology require an export authorisation from the competent authorities in each Member State.
All EU Member States participate in the work of the NSG. Council Regulation (EC) No 1334/2000 of
22 June 2000 setting up a Community regime for the control of exports of dual-use items and
technology (1) restates the need for an export authorisation and makes it a legal obligation at Community
level.

(1) OJ L 159, 30.6.2000.

(2003/C 280 E/153)

WRITTEN QUESTION E-1375/03

by Bart Staes (Verts/ALE) to the Commission

(15 April 2003)

Subject: Radioactive contamination of mineworkers in Shinkolobwe heterogenite mines

According to various international media sources, young Congolese in Shinkolobwe in the Democratic
Republic of Congo are mining the radioactive cobalt ore heterogenite, without protection. The ore lies in
former uranium mines, which, following their closure, were covered with concrete by the then Union
Minière in order to protect the surrounding area against radioactive contamination from the mines.

However, under the government of Kabila the mines were re-opened in order to mine the cobalt ore
heterogenite, a cheap raw material for cobalt which is very competitive on the world market. The ore is
being mined by young people working under conditions which they describe as ‘slavery’. Furthermore,
Alex Stewart, a specialist company providing laboratory services to the mining industry, has found a high
concentration of the highly radioactive uranium-235 in steels from Shinkolobwe. That means that not only
mineworkers are at risk, but also people living near sites where the ores are stored, including in the town
of Lisaki where tonnes of the uranium-containing ore lie piled up.

Is the Commission aware of the situation in Shinkolobwe in south-eastern Congo?

What steps can the Commission take to identify those responsible for these abuses?

What further action does the Commission intend to take to address the problem?

Answer given by Mr Nielson on behalf of the Commission

(11 June 2003)

The Commission is aware of the problem of unprotected young miners handling radioactive substances at
Shinkolobwe, and of the effects of radioactivity on the entire population living in the vicinity of the mine.
This is part of the wider problem of failure to manage the natural resources of the Democratic Republic of
Congo (DRC). It is the State, through Gécamines, that owns the Shinkolobwe uranium mine which has
been officially closed since 1969. However, the fact that ‘wildcatters’ operate on the site is an open secret.

21.11.2003

EN

Official Journal of the European Union

C 280 E/135

It has to be borne in mind that the DRC is only just emerging from a long period of warfare which has
totally laid waste the country’s society, economy and institutions. It is therefore having to deal with
fundamental structural problems such as restoring its territorial integrity, re-establishing the administration
and setting up functioning state structures that are capable of managing the transition to lasting stability
and of raising the human development standard of all Congolese.

It is against the background of this post-conflict situation that the Commission has identified its short- and
medium-term priorities, namely:

(cid:1) Support the State in rebuilding its structures. Here the Commission has committed EUR 16 million to
the eighth European Development Fund (EDF), which is to provide institutional support for the key
departments and ministries, whilst EUR 28 million is going from the sixth EDF to support the judicial
system and a further EUR 10 million from the ninth EDF will also go towards institutional support.

(cid:1) Help re-establish access to health care since, as a result of the war, 37 % of the population does not

have access to primary health care and mortality is rising steadily.

Given these priorities and the limited funding available for the DRC, the Commission cannot deal with all
the problems arising out of the absence of state structures. Nevertheless it hopes that, once such structures
have been re-established, problems such as those at Shinkolobwe can be raised through the normal
channels in relations between the European Union and the DRC. Bringing to book those responsible for
failures is not part of the Commission’s remit in its relations with the DRC.

(2003/C 280 E/154)

WRITTEN QUESTION E-1393/03

by Elly Plooij-van Gorsel (ELDR) to the Commission

(15 April 2003)

Subject: Protection of CDs against copying

The illegal distribution of music recordings via the Internet and the copying of CDs has become very much
more common in recent years. Consumers often make illegal copies in protest at the high price of CDs.
In addition, the greater prevalence of copied CDs can be explained by the dramatic rise in the number of
households which own several CD players. Many cars, for example, are now equipped with CD, rather
than cassette, players.

Consumers are complaining about the measures taken to protect CDs against copying. A number of record
labels have brought on to the market CDs whose unusual design is causing serious playing problems.
The aim is to make the playing of CDs via personal computers more difficult so that those computers
cannot be used to make copies of the CDs. In practice, however, this also gives rise to many problems in
playing these protected CDs on car CD players, DVD players which double as CD players and many types
of portable CD players. It is precisely those honest consumers who pay for their CDs who are frequently
being made to suffer, even though such CDs can generally be copied perfectly without problem on
standard CD players and recorders.

Is the Commission aware of the problems in connection with the playing of protected CDs? If so, is

1.
it planning to carry out an investigation and does it regard this protection method as lawful?

2.
Does the Commission take the view that consumers who are unable to play CDs which have been
protected against copying on (often more expensive) DVD and CD players are suffering unfairly as a result
of these measures? If so, how does the Commission plan to protect consumers against this practice?

Does the Commission take the view that

3.
interoperability of content and equipment?

the industry has a responsibility to ensure the