WRITTEN QUESTION E-1650/03 by Hanja Maij-Weggen (PPE-DE) to the Commission. Detention of Oscar E. Biscet in Cuba.
Date: 2003-05-16
Institutions: European Parliament, Provisional data
Subjects: Cuba, cruel and degrading treatment, human rights, opposition, political prisoner, prison system, the EU's international role

C 78 E/720

Official Journal of the European Union

EN

27.3.2004

(2004/C 78 E/0769)

WRITTEN QUESTION E-1588/03

by Nuala Ahern (Verts/ALE) to the Commission

(8 May 2003)

Subject: Precautionary principle

Will the Commission set out the means by which it is able to establish whether BNFL and Cogema
respectively apply the ‘precautionary principle’ to their operation of their reprocessing plants at Sellafield
and La Hague?

Joint answer
to Written Questions E-1586/03, E-1587/03 and E-1588/03
given by Mrs de Palacio on behalf of the Commission

(13 June 2003)

The Euratom Treaty imposes on Member States a number of obligations in order to ensure health
protection of the public and exposed workers.

On the basis of Title II, Chapter 3, of the Euratom Treaty the Basic Safety Standards for the radiological
protection of the population and the workers have been laid down (Council Directive 96/29/Euratom of
13 May 1996 (1), as supplemented by other legal instruments).

Under Article 35 of the Euratom Treaty, Member States have an obligation to establish the facilities
necessary to carry out continuous monitoring of the levels of radioactivity in the environment and to
ensure compliance with the basic standards. The Commission has the right of access to these national
facilities, so that it can verify their operation and efficiency.

The Commission (cid:1) in its role as Guardian of the Treaties (cid:1) controls that national legislation conforms to
all these provisions, and in particular to the Basic Safety Standards.

Where the Basic Safety Standards are not applied correctly in practice, the Commission can also initiate
inquiries and, if necessary, take action against the Member State concerned. Such an initiative is usually
originated following complaints
the
Commission can also act on its own initiative, according to its knowledge. To this end, the Commission
examines any information that could indicate an infringement of the Basic Safety Standards.

informing the Commission of alleged non-compliance, but

The Opinions delivered by the Commission under Euratom Treaty Article 37 address the issue of whether
the submitted project is liable to result in the radioactive contamination of the water, soil or airspace of
another Member State. The Opinions for the reprocessing activities at Sellafield and La Hague, as for other
installations, were based on the general data relating to these plans provided by the national authorities of
United Kingdom and France respectively in accordance with Article 37 and the provisions of
the
Commission Recommendations (2) on its application. These Opinions were delivered after consultation of
the group of independent experts referred to in Article 31 of the Euratom Treaty.

(1) Council Directive of 13 May 1996 laying down basic safety standards for the health protection of the general public

and workers against the dangers of ionising radiation, OJ L 159, 29.6.1996.

(2) Commission Recommendation of 16 November 1960, OJ L 81, 21.12.1960 Commission Recommendation 82/
181/Euratom of 3 February 1982, OJ L 83, 29.3.1982 Commission Recommendation 91/4/Euratom of 7 December
1990, OJ L 6, 9.1.1991; Commission Recommendation 99/829/Euratom of 6 December 1999, OJ L 324,
16.12.1999.

(2004/C 78 E/0770)

WRITTEN QUESTION E-1650/03

by Hanja Maij-Weggen (PPE-DE) to the Commission

Subject: Detention of Oscar E. Biscet in Cuba

(16 May 2003)

On 10 April 2003 in Strasbourg, the European Parliament adopted a resolution in which it called on the
Commission to promote positive change with regard to the human rights situation in Cuba.

27.3.2004

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Official Journal of the European Union

C 78 E/721

Among the victims of Fidel Castro’s regime is Dr Oscar E. Biscet González, the founder of the Lawton
Foundation for Human Rights and an activist for the promotion of democracy and human rights in Cuba.
After three years’ imprisonment in Holguin, Dr Biscet was released on 31 October 2002. On 6 December
2002, he was re-arrested on a charge of associating with other human rights activists. On 7 April 2003,
he was sentenced to 25 years’ imprisonment. Since 24 April 2003, Dr Biscet has been transferred to the
prison in Piñar del Rio, where he is being held in solitary confinement.

Is the Commission aware of the detention and ill-treatment of activists like Dr Biscet?

What has the Commission done to comply with the request set out in the resolution referred to above, and
what has the Commission been able to do in the specific case of Dr Biscet?

Answer given by Mr Nielson on behalf of the Commission

(18 June 2003)

The Commission is closely following the human rights situation in Cuba and the recent detention and
sentencing of 75 dissidents and independent journalists in Cuba, including Dr. Oscar Elias Biscet González.

The Commission, together with the Member States, has strongly condemned such arrests in a declaration
published on 26 March 2003, which was followed by a Union démarche in Havana to urge the Cuban
authorities to allow the prisoners’ immediate release. A second Union démarche in Havana took place on
18 April 2003, following the Foreign Ministers’ statement issued on 14 April 2003.

Further measures have recently been agreed, including limits to high-level visits.

The grave concern felt was also highlighted in the Union’s statement on ‘Human Rights in the World’, at
the United Nations Commission on Human Rights in Geneva in April 2003. The statement called for the
prompt release of those arrested whom the Union considers to be prisoners of opinion.

The Commission decided on 30 April 2003 to defer the examination of the Cuban application for
accession to the Cotonou Agreement, signalling that these recent developments are not conducive to
co-operation between the Union and Cuba. The Cuban authorities decided on 16 May 2003 to withdraw
their application.

Through these actions, the Cuban authorities have been made aware that detentions on political grounds
are not acceptable and that the Union urges the release of prisoners held due to their opinions or political
activities. In this context, we will certainly also bring the case of Dr Oscar Elías Biscet to the attention of
the Cuban authorities, and will follow this matter closely, exerting continued political pressure on the
Cuban authorities.

(2004/C 78 E/0771)

WRITTEN QUESTION E-1667/03

by Proinsias De Rossa (PSE) to the Commission

(19 May 2003)

Subject: VAT on postal services

The Commission’s Communication on a ‘Strategy To Improve the Operation of the VAT system’ (1), issued
in June 2000, indicated the Commission’s intention, ‘inter alia’, to come forward with proposals to ensure
the application of VAT to postal services. Could the Commission indicate what, if any, formal responses
were received by it from the Irish Government regarding this particular proposal in the three-year period
since the issuing of this Communication and its proposal for a draft Directive issued on 6 May 2003?

(1) COM(2000) 348 final.