WRITTEN QUESTION E-2055/03 by Bartho Pronk (PPE-DE) to the Commission. Trade union rights for police officers in Latvia.
Date: 2003-06-20
Institutions: European Parliament, Provisional data
Subjects: EU Charter of Fundamental Rights, European charter, Latvia, freedom of association, international labour law, police, trade union rights

8.4.2004

EN

Official Journal of the European Union

C 88 E/61

Supplementary answer
given by Mr Vitorino on behalf of the Commission

(20 April 2004)

As part of its investigation into the circumstances referred to by the Honourable Member in his written
question, the Commission contacted the Greek authorities on 30 September 2003 to notify them of the
complaint and to ask them to provide the Commission with detailed information on the checks carried out
on board trains leaving Greece and entering the Former Yugoslav Republic of Macedonia (FYROM) at the
Idomeni border post. Having received no reply to its letter, the Commission sent a reminder to the Greek
authorities on 7 January 2004.

In two letters received on 16 and 28 January 2004 respectively the Greek authorities disputed the
Honourable Member’s version of events and stated that checks at the Idomeni border post and on the train
were carried out in accordance with the rules laid down in the Common Manual. The Greek authorities
stressed that the checks were carried out on the train in the course of the journey, that all travel
documents were checked and that documents were stamped in accordance with the rules (in respect of
Community nationals amongst others, point 2.1.1 of the Common Manual states that documents should
not be stamped).

In particular, according to the information provided, on both the trains serving this route each day, checks
are carried out on board the train by uniformed police officers who check passengers individually and
collect travel documents. In addition to these checks by uniformed police officers, another police officer
from the same department but in plain clothes is responsible for general inspection and surveillance duties
on the train. This officer wears his departmental badge on the outside left pocket of his shirt.

With regard to the complaint, the Greek authorities note that no instance has been reported of a specific
request being made to a plain clothes officer carrying out checks to produce his identity.

As regards the conditions in which travel documents are collected, the Greek authorities refer to the less
rigorous checks at external borders indicated in the Common Manual for persons travelling in sleeper or
couchette compartments. For those persons, the Common Manual states (point 3.2.4) that the documents
enabling them to cross the border shall normally be checked by the attendant, provided that he has
collected those documents in compliance with the rules applicable to him and that he keeps them available
for checks.

As regards the length of checks, the Greek authorities maintain that, as a rule,
it does not exceed
30 seconds for Community nationals and one minute for third-country nationals; however, they do not
deny the possibility of delays, particularly during the summer, as a result of the significant increase in rail
traffic.

On the basis of the clarifications provided by the Greek authorities on the arrangements for checks on the
train and in the absence of other specific details on travel arrangements, the Commission does not
consider that the Greek authorities have failed to apply the Community rules on checks at external borders
correctly in the case referred to by the Honourable Member.

(2004/C 88 E/0066)

WRITTEN QUESTION E-2055/03

by Bartho Pronk (PPE-DE) to the Commission

(20 June 2003)

Subject: Trade union rights for police officers in Latvia

1.

Is it true that police officers in Latvia are not entitled to form a trade union?

Is not that situation in breach of ILO Conventions, the Council of Europe’s Social Charter and the EU

2.
Charter of Fundamental Rights?

Has the Commission discussed this situation with the Latvian Government? If not, why not? If so,

3.
what was the outcome of the discussion?

4. Why has the Commission not referred to this issue in the annual progress reports?

C 88 E/62

Official Journal of the European Union

EN

8.4.2004

Answer given by Mr Verheugen on behalf of the Commission

(12 August 2003)

The Latvian Police Law, which was adopted in 1991, does indeed prohibit police officers from forming
trade unions.

The Convention for the Protection of Human and Fundamental Rights, and notably in its Article 11(2), last
sentence, provides, however, for lawful restrictions to the freedom of association with respect to the police.
Moreover, certain articles of the International Labour Organisation (ILO) Convention also allow for such
restrictions.

The Social Charter of the Council of Europe, which was ratified by Latvia in 2002, also allows the
contracting parties to determine by national law or regulations the extent to which the right to organise
shall apply to the police.

The European Union’s Charter of Fundamental Rights which does not contain any such restriction is not
yet a legally binding text. Even if it was so, it would not be applicable in areas which are not related to the
exercice of Community competences.

Within the limits of its mandate, the Commission continues to follow this issue, as well as other social
fundamental and human rights issues throughout the accession process.

(2004/C 88 E/0067)

WRITTEN QUESTION E-2058/03

by Nelly Maes (Verts/ALE) to the Commission

(20 June 2003)

Subject: ACP bananas

Commission Regulation (EC) No 1609/1999 (1) established a framework for temporary technical and
financial assistance for traditional ACP suppliers of bananas with a view to enabling them to adapt to new
market conditions in the banana sector or to diversify where their products were insufficiently competitive.

Now, however, questions are being asked about the method used for the calculation of the assistance and
about the transparency of that method, where double standards seem to apply.

In meetings with OCAB (the pineapple and banana growers central organisation), the Commission has
already admitted that the use of statistics supplied by Eurostat results in the Regulation being the
incorrectly implemented, but it has apparently taken no steps whatsoever to rectify the situation.

What does the Commission intend to do to ensure that Regulation (EC) No 1609/1999 is correctly
implemented?

(1) OJ L 190, 23.7.1999, p. 14.

(2004/C 88 E/0068)

WRITTEN QUESTION E-2091/03

by Paulo Casaca (PSE) to the Commission

(24 June 2003)

Subject: Rules for calculating aid for tropical products from ACP countries

The central organisation of pineapple and banana producers and exporters in the Ivory Coast has
forwarded me a copy of a letter sent to the Commission on 28 May 2003. As for all the ACP countries
which export pineapples and bananas, this activity is crucial for the Ivory Coast, and it is also crucial that
the EU institutions should have clear, objective and fair rules regarding imports from these countries.
I therefore read the above letter, in my capacity as vice-chairman of the Committee on Budgetary Control,
with great concern.