WRITTEN QUESTION E-1747/03 by Anna Karamanou (PSE) to the Commission. Israel — removal of restriction on movement from and to the occupied territories.
Date: 2003-05-26
Institutions: European Parliament, Provisional data
Subjects: Israel, Palestine question, freedom of movement, humanitarian aid, observer, occupied territory, public safety, restriction of liberty

27.3.2004

EN

Official Journal of the European Union

C 78 E/723

In the TABD process it is up to business to identify the issues on which they wish to give
4.
recommendations to the governments. The Commission considers the TABD as an important interlocutor
the TABD is
in transatlantic economic relations. The implementation of
considered based on their own merit and in respect of
the
Commission. As a general rule the Commission gives positive consideration to all efforts to dismantle
barriers to transatlantic trade and to reduce transaction costs for doing business. In doing so, it takes into
account also other policy considerations, and in particular those related to the common commercial policy
and the competitiveness of the European enterprises.

the acquis and the competencies of

the recommendations of

(1) OJ C 11 E, 15.1.2004, p. 219.

(2004/C 78 E/0773)

WRITTEN QUESTION E-1747/03

by Anna Karamanou (PSE) to the Commission

(26 May 2003)

Subject: Israel (cid:1) removal of restriction on movement from and to the occupied territories

According to information from Amnesty International, the Israeli Government has recently decided to
require all foreigners entering Gaza to sign a ‘declaration of waiver’ exonerating Israel of any liability in the
event of their death or injury. Amnesty International states that entry to the occupied territories has been
denied to AI members refusing to sign this declaration, significantly hampering the organisation’s work.
Fears are being expressed that this tactic is an attempt to relieve the Israeli authorities of their duty to
ensure that the armed forces respect human rights in all circumstances. It is also considered likely to
impede outside monitoring and scrutiny of the conduct of the Israeli army and to lead to an immediate
increase in killings in Gaza.

Does the Commission intend to put pressure on the Israeli Government in order to:

1. have the new restriction on movement from and to the occupied territories lifted, and

2.

call for the posting of international monitors in Israel and the occupied territories, in order to ensure
that it abides by international standards?

Answer given by Mr Patten on behalf of the Commission

(26 June 2003)

Following parallel demarches in Israel by the Union Troïka and in Athens by the Greek Presidency, the
Commission would like to inform the Honourable Member that the Commission formally raised with the
Israeli Ambassador to the Union the restrictive security measures in place at the Erez Crossing on 23 May
2003.

The Commission underlined that the current practise of denying access, requesting information beyond
customary norm, and demanding a security waiver to be signed by international staff entering Gaza was of
particular concern because Commission/ECHO staff and contractors in general do not carry diplomatic
passports. The Commission was aware of Israeli security concerns and fully understood the increased
sensitivity in the wake of recent bombings in Tel Aviv carried out by foreign passport holders. However,
the near-total closure was disproportionate, and several measures newly introduced, e.g. waiver forms and
detailed information on humanitarian projects, have no apparent relation to security concerns.

It further stated that if these restrictive measures continued, international donors would have to consider
suspending operations in the Gaza Strip and that a new deterioration of the humanitarian situation was
not in Israel’s security interests.

C 78 E/724

Official Journal of the European Union

EN

27.3.2004

The Israeli Ambassador showed understanding for the Commission’s points and undertook to convey the
Commission’s concerns to the Israeli Ministry of Foreign Affairs, which has not reacted as of yet.

Regarding the posting of international monitors, the Commission would like to inform the Honourable
Member that this issue is being discussed in the framework of the Quartet.

The Commission obviously welcomes any measure taken that would lead to an improvement of the
current situation.

(2004/C 78 E/0774)

WRITTEN QUESTION E-1764/03

by Torben Lund (PSE) to the Commission

(28 May 2003)

Subject: Arms transport and export bans

Most EU countries have rules on the export of arms by their own firms, but there are practically no
restrictions on the transport of arms. It often happens, for example, that armaments are transported from
EU countries in contravention of the individual EU countries’ export bans.

That being so, the possibility cannot be ruled out of terrorist organisations being able to transport by sea,
legally and without great difficulties, armaments purchased from private arms dealers.

It becomes quite grotesque when EU-registered ships freely ship armaments from non-EU countries to
regimes on which the EU has imposed an arms embargo. In this way, Danish vessels have transported
heavy armaments from Poland to Sudan without infringing the EU embargo.

In the light of the above, can the Commission state whether EU rules will be introduced subjecting sea
transport to the same conditions which apply to export activities, so that prior approval has to be given
before the vessel sails)?

Answer given by Mr Patten on behalf of the Commission

(17 July 2003)

Member States have up to now, on the basis of Article 296 of the EC Treaty exempted production and
trade in arms, munition and war material for specifically military purposes from the scope of application
of treaty rules. Trade in military weapons is currently dealt with in the context of the Common Foreign
and Security Policy (CFSP), to which the Commission is fully associated.

The Commission possesses no enforceable legal
instrument to monitor the export of war armaments.
Responsibility for the licensing of military weapons exports belongs to the governments of the Member
States. The main instruments utilised by the Union in this field are the EU Code of Conduct on Arms
Exports (1) adopted in 1998 and the Joint Action 2002/589/CFSP on small arms and light weapons.

The Code lays down a series of criteria on the basis of which all decisions relating to arms exports are
taken and provides a framework within which individual arms transfers can be discussed. While such
criteria give guidance on a common basis, it is made clear that the ultimate responsibility for arms exports
belongs to national governments. In its first four years of operation the Code has increased mutual
understanding of Member States policies, established an efficient consultation mechanism and encouraged
dialogue on the implementation of its provisions. In particular Member States have actively participated in
the new system of denial notification and have striven to increase transparency in arms export control,
also with the publication of the Annual Report.