WRITTEN QUESTION E-1470/03 by Herman Schmid (GUE/NGL) to the Council. Prisoners at Guantanamo Bay.
Date: 2003-04-30
Institutions: European Parliament, Provisional data
Subjects: Cuba, OSCE, human rights, international human rights law, international law, prisoner, right to justice, terrorism

26.2.2004

EN

Official Journal of the European Union

C 51 E/95

The Commission considers that, given the importance of ensuring an adequate nuclear safety level
3.
within the Union, and the substantial financial burden that may be necessary for certain candidate
countries to achieve that objective, their access to the Euratom loan facility should continue under the
same conditions they have today once they become Member States. In order to ensure that, in practice, the
funds are used to grant loans for safety and efficiency purposes, the Commission inserted in its proposal a
recital and a paragraph in the Guidelines stating that ‘priority shall be given to projects related to safety
and efficiency of installations.’

4.
Decommissioning projects are not generating revenues by themselves but they should be financed
during the whole life of the plant by accumulating provisions as recently proposed by the Commission in
its proposal for a Council Directive setting out basic obligations and general principles on the safety of
nuclear installations. However, for future Member States and other non-Member States such provisions do
not exist or have not been in place long enough to reach the necessary level.
the
decommissioning projects would be examined on a case by case basis to evaluate their economic
conditions.

In this case,

5.

6.

Euratom loans could be used for projects at any stage of decommissioning.

(a) Council Decision 94/179/Euratom (1) does not allow involvement in the construction of new
nuclear power plants in non-Member States.

(b) Projects concerning new installations of this kind shall, pursuant to Chapter IV of the Euratom Treaty
relating to investment, be communicated to the Commission, which shall discuss with the persons or
undertakings all aspects related to the objectives of the Treaty. All nuclear facilities in the Union are
subject to Euratom nuclear material safeguards as laid down in chapter VII of the Euratom Treaty.
The operator has to declare the basic technical characteristics of the installation and has to maintain a
nuclear materials accountancy system. Whereas there are no direct restrictions regarding the use of the
facility, the Commission has to satisfy itself that the nuclear materials are not diverted from their
intended uses and that there is compliance with the provisions relating to supply and any other
safeguarding obligations assumed by the Community under an agreement concluded with a third State
or an international organisation.

(c) The economic analysis would be based on the communication to the Commission referred to in 6(b)

above.

It is not a requirement of the Euratom loan facility that there be closure conditions attached.
7.
However, as it is a financial tool to support the Community policy on nuclear matters, and so as to be
coherent, the Commission has included such conditions in the Euratom loan contracts where a previous
agreement had been reached. This is the case for Bulgaria (closure agreements for Kozloduy units 1 to 4
reached in the framework of
the Union enlargement exercise are reflected in the Euratom Loan
Agreements for units 5 & 6), and for Ukraine (closure of Chernobyl as agreed in the 1994 G7/EC/Ukraine
Memorandum of Understanding is included in the draft Euratom Loan Agreements for K2R4). Where
possible, when the Commission reaches a closure agreement, it would be included in any related Euratom
loan. This then becomes a powerful enforcement instrument.

(1) Council Decision 94/179/Euratom of 21 March 1994 amending Decision 77/270/Euratom,

to authorise the
Commission to contract Euratom borrowings in order to contribute to the financing required for improving the
degree of safety and efficiency of nuclear power stations in certain non-member countries, OJ L 84, 29.3.1994.

(2004/C 51 E/107)

WRITTEN QUESTION E-1470/03

by Herman Schmid (GUE/NGL) to the Council

(30 April 2003)

Subject: Prisoners at Guantanamo Bay

The prisoners at Guantanamo Bay in Cuba are in a legal vacuum. They are being deprived of the human
right to be defended in court. The US Administration has refused to designate them as prisoners of war, a

C 51 E/96

Official Journal of the European Union

EN

26.2.2004

status that would entitle them to immunity from prosecution for many acts committed during war. The US
Administration contends that the prisoners are ‘unlawful combatants’, placing them in legal limbo.

Human rights organisations and some countries have criticised the US for not allowing prisoners access to
a civilian court.

What action is the European Union taking to ensure that its captured citizens in Guantanamo Bay enjoy
the right to be defended in court?

Does the European Union accept the prisoners’ new status as ‘unlawful combatants’ in the light of the
Geneva Convention?

Does the EU recognise any circumstances under which the use of unlawful methods, such as detaining
people in prisons for an unlimited period of time, is justified as part of the war against terrorism?

Reply

(29 September 2003)

The protection of the rights and interests of Member States’ nationals abroad pursuant to the Vienna
Convention on Consular Relations is the responsibility of the individual Member States concerned.

taken any position on the issue of whether the status of

‘unlawful
The European Union has not
combatants’
is a valid one. It has, however, always insisted on the importance of every detainee in
Guantanamo Bay being treated humanely in accordance with general standards of international law. It has
moreover recalled on a number of occasions that Geneva Convention III regarding the treatment of
prisoners of war stipulates that in case of doubt, a detainee must be awarded the protection of the
Convention until such time that a competent tribunal could determine his status. In the meantime,
detainees are to be treated humanely, and receive proper medical care, clothing and food. The detaining
power is entitled however to take such measures as are necessary to ensure the security of the facility and
the detainees.

Given the EU’s clear stance on the need for full respect of human rights and the rule of law in the fight
against terrorism, it follows that it would recognise no circumstances which could justify non-respect for
human rights or the rule of law in that fight.

(2004/C 51 E/108)

WRITTEN QUESTION P-1472/03

by Wolfgang Ilgenfritz (NI) to the Commission

(23 April 2003)

Subject: Peer review of auditors in the EU

In Austria, pursuant to the Directive governing the exercise of the profession of auditor published in
Volume I/02 of the Official Journal of the Chamber of Certified Public Accountants, all auditors must
undergo a peer review even if they are not involved in auditing companies’ annual accounts. This is
stipulated in §14, in conjunction with §16(1), of the above Directive:

§14: All auditors, accountants and auditing and accounting firms must undergo an external peer review in
accordance with the following provisions.

§16(1): Auditors, accountants and auditing and accounting firms must undergo an external peer review at
least once every four years. As part of this review, the relevant quality control measures must be assessed.