WRITTEN QUESTION E-1948/03 by Roger Helmer (PPE-DE) to the Commission. Lithuanian referendum.
Date: 2003-06-13
Institutions: European Parliament, Provisional data
Subjects: Lithuania, accession to the European Union, election campaign, election campaign publicity, electoral law, referendum

C 88 E/378

Official Journal of the European Union

EN

8.4.2004

this regulation will fund abortion on demand is misleading. It is clearly stated in Recital 16 of the
Regulation that ‘No support is to be given under this Regulation to incentives to encourage sterilisation or
abortion, or to the improper testing of contraception methods in developing countries. When cooperation
measures are implemented, the decisions adopted at the ICPD (2), in particular point 8.25 of the ICPD
Programme of Action, according to which, inter alia, abortion should in no case be promoted as a method
of family planning, must be rigorously observed. Post-abortion counselling, education and family planning
services should be offered promptly, which will also help to avoid repeat abortions.’

As already explained in the Commission’s answer to the Honourable Member’s written question E-3323/
02 (3), Community competence in the field of development policy is provided for in title XX of the Treaty
establishing the European Community. Accordingly, all actions of
the Community in the field of
development co-operation must fall under the objectives defined in Article 177 of the EC Treaty.

The Commission recalls that it follows from the judgement of the Court of Justice in Case C-268/1994
(Portugal/Commission, [1996] ECR I-6177) that a measure in the field of development co-operation may
lay down provisions on specific matters without there being any need to have recourse to other legal
bases, or indeed to participation of the Member States in the conclusion of the agreement, in so far as the
essential purpose of the agreement is to pursue the objectives referred to in Article 177, and on condition
that the clauses concerning specific matters do not impose obligations so extensive that they in fact
constitute objectives distinct from those of development co-operation.

The Community, therefore, has full competence in the area of Sexual and Reproductive Health in
developing countries. Community developmental assistance is always implemented within the legal
framework of the country concerned.

(1) OJ L 224, 6.9.2003.
(2)
(3) OJ C 11 E, 15.1.2004.

ICPD: International Conference on Population and Development.

(2004/C 88 E/0384)

WRITTEN QUESTION E-1948/03

by Roger Helmer (PPE-DE) to the Commission

(13 June 2003)

Subject: Lithuanian referendum

Would the Commission please comment on the fact that seriously underhand tactics appear to have been
used in Lithuania’s referendum campaign for accession to the EU, namely that:

(cid:1) electoral law was broken with consistent campaigning for a ‘Yes’ vote in the 30 hours preceding the

referendum, which is contrary to Lithuanian electoral law,

(cid:1) senior government officials, celebrities and businessmen were used to put out the key ‘Yes’ message on
State radio and television during the 30 hour purdah period before the referendum and throughout
the two days of voting; that they used key political messages to persuade the voters not just to turn
out but also to vote ‘Yes’,

(cid:1) the key ‘Yes’ message, to ‘vote for tomorrow’s youth’, cannot be interpreted as merely awareness-

raising,

(cid:1) goods (cid:1) drinks, confectionery and detergent (cid:1) were offered by the largest supermarket chain to
Lithuanians who could prove that they had voted in the referendum, which promoted a surge of
voters who took the overall vote above the necessary 50 % participation level,

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Official Journal of the European Union

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(cid:1) this surge of over 300 000 voters after the announcement of free goods for votes may be directly
attributed to this ‘special offer’, which was announced hourly on State radio, since the enormous
increase in voting after the announcement was not consistent with the voting pattern for the first day
of voting,

(cid:1) senior government officials met after the first day of voting and decided to use ‘further agitation’ to

promote a ‘Yes’ vote, which is specifically banned under Lithuanian electoral law,

(cid:1) the extraordinary efforts of senior officials and businessmen, especially the free goods for votes offered

in the supermarket chain, materially affected the outcome of the referendum?

Answer given by Mr Verheugen on behalf of the Commission

(18 July 2003)

The questions raised by the Honourable Member falls exclusively within the competence of Lithuania as a
democratic and sovereign country. It is also fully within the responsibility of Lithuania to organise the
Accession Referendum Information Campaign, including the choice of the slogans.

The referendum on Lithuania’s accession to the Union was held on 10 and 11 May 2003. There was a
63,3 % turnout and 91,07 % voted in favour of accession.

The organisation of the Referendum has been based on the Lithuanian Referendum Law. According to this
law any complaints about possible violations of the law, which prohibits campaigning during 30 hours
before the referendum and on the days of the referendum are to be handled by the Central Electoral
Committee of Lithuania. Following the referendum on Lithuania’s accession to the Union, several
Lithuanian citizens submitted complaints, which have been dealt with by the Central Electoral Committee
of Lithuania. As a result the referendum has been considered as being valid.

(2004/C 88 E/0385)

WRITTEN QUESTION E-1960/03

by Elspeth Attwooll (ELDR) to the Commission

(13 June 2003)

Subject: Road transport managers

Is the Commission of the opinion that, in order to implement correctly Council Directive 96/26/EC (1) on
admission to the occupation of road haulage operator and road passenger transport operator [etc.], a
Member State must require road transport operators to employ a road transport manager, in the strict
sense of the term (i.e. have an employer/employee relationship according to national law), as opposed to
having a different contractual relationship (such as a contract for services with a self-employed manager)
that meets all the requirements imposed by the Directive?

(1) OJ L 124, 23.5.1996, p. 1.

Answer given by Mrs de Palacio on behalf of the Commission

(16 July 2003)

Article 3(1) of Council Directive 96/26/EC of 29 April 1996 on admission to the occupation of road
haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates
and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of
establishment in national and international transport operations, stipulates that where a transport operator
is a natural person but does not himself possess the required professional competence, he must have a