WRITTEN QUESTION E-2074/03 by Robert Evans (PSE) to the Commission. Trafficking in human beings and EU policy.
Date: 2003-06-24
Institutions: European Parliament, Provisional data
Subjects: EU action, EU policy, help for victims, trafficking in human beings

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This issue acquires increased importance in the light of the study by the University of Crete which shows
clearly that pollution levels in the building in question, especially in the basement, have reached very high
levels.

Given that in Greece the necessary haematological examinations may only take place in a special research
centre and only after referral, is the Commission examining the possibility of setting up and sending a
special scientific team to examine pollution levels in the rooms of the building (atmosphere and objects)
and the effect on officials? Does the Commission intend to accelerate the procedures so that Greece
complies immediately with Directive 78/319/EEC (2) on toxic and dangerous waste and Directive 96/59/
EC (3)?

(1) OJ C 51 E, 26.2.2004, p. 182.
(2) OJ L 84, 31.3.1978, p. 43.
(3) OJ L 243, 24.9.1996, p. 31.

Answer given by Mrs Wallström on behalf of the Commission

(25 July 2003)

Within the framework of environmental
law, the Commission has no general competence to conduct
inspections. The Commission can only make use of the inspection procedure in specific infringement cases
which relate to compliance with judgements of the European Court of Justice. Consequently, a special
scientific team will not be sent.

Regarding compliance with Council Directive 96/59/EC of 16 September 1996 on the disposal of
polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) (1), the Court recently declared that
Greece had failed to fulfil its obligations under Articles 4(1) and 11 of the Directive (2). The infringement
concerns the failure to draw up summaries of inventories of equipment with PCB volumes of more than
five cubic decimeter (dm3), plans for the decontamination and/or disposal of inventoried equipment and
the PCBs contained therein, and outlines for the collection and subsequent disposal of equipment which is
not subject to inventory.

Council Directive 78/319/EEC of 20 March 1978, on toxic and dangerous waste (3), was repealed by
Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (4). Concerning the implemen-
tation of Directive 91/689/EEC, the Court declared that, by failing to send to the Commission all the
information required under Article 8(3), Greece had not fulfilled its obligations under the Directive (5).

If Greece does not take the necessary measures to comply with the Court’s judgements, the Commission
will not hesitate to open infringement procedures under Article 228 of the EC Treaty.

In addition, it must be stressed that Greece has been referred to the Court of Justice (case C-163/03) over
its failure to put in place an adequate plan for the management of hazardous waste in the region of
Thriassio Pedio (prefecture of Attiki). The referral also relates to its failure to avoid the pollution of
groundwater by hazardous waste.

(1) OJ L 243, 24.9.1996.
(2) ECJ judgement of 5 June 2003, case C-83/02, not yet published.
(3) OJ L 84, 31.3.1978.
(4) OJ L 377, 31.12.1991.
(5) ECJ judgement of 13 June 2002, case C-33/01, European Court reports 2002, p. 5 447.

(2004/C 58 E/145)

WRITTEN QUESTION E-2074/03

by Robert Evans (PSE) to the Commission

(24 June 2003)

Subject: Trafficking in human beings and EU policy

Is the Commission aware of Anti-Slavery International’s campaign which urges governments to put the
protection of the trafficked person at the centre of counter trafficking policies, for which over 11 000
people have pledged their support?

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Ministers from nine South Eastern European countries signed up to a ‘Statement on Commitments to
Legalise the Status of Trafficked Persons’ on 11 December 2002. These governments agreed to: improve
identification of trafficked persons; refrain from immediately expelling possible victims of trafficking;
entitle possible victims of trafficking to remain on the state’s territory and to grant them a recuperation
period of up to 3 months; refer possible victims of trafficking to shelters, providing them with social
assistance, health care, counselling and legal advice.

1. What has the Commission done to put the protection of trafficked people at the centre of European
Union counter trafficking policy?

2. Why is the EU not signed up to a binding set of minimum standards for the protection and support
of victims of trafficking which is at least equal to those made by the nine South Eastern European
countries in the Statement on Commitments to Legalise the Status of Trafficked Persons December 2002?

Is the Commission aware of Anti-Slavery International’s report Human Traffic, Human Rights:

3.
Redefining victim protection, 2002, and if so what conclusions has it drawn from this research?

Answer given by Mr Vitorino on behalf of the Commission

(23 July 2003)

The Commission has been actively engaged since 1996 in developing a comprehensive and multi-
disciplinary approach towards the prevention of and fight against trafficking in human beings. The issue
was addressed in the Commission Communication of 20 November 1996 on trafficking in women for the
purpose of sexual exploitation (1) and again in Commission Communication of 9 December 1998
trafficking in women (2). This 1998 communication
proposing further action in the fight against
announced that a proposal would be presented for legislation on temporary residence permits for victims
prepared to give evidence.

This proposal was prepared on the basis of a thorough examination of the legislation and practice of the
Member States, the replies to a questionnaire which the Commission sent to the Member States in spring
2000 and the consultations in the European Forum for the Prevention of Organised Crime. It introduces a
residence permit for the victims of action to facilitate illegal immigration and trafficking in human beings,
subject to conditions designed to encourage them to co-operate with the competent authorities against
those suspected of committing the crimes in question. Under these rules and amongst other provisions,
victims would be granted a 30-day reflection period in which to decide whether or not to co-operate with
the police and judicial authorities. During this reflection period, the Member State would allow them to
receive aid according to their needs (housing, medical and psychological care, social assistance if
necessary).

The proposal was adopted by the Commission on 11 February 2002 (3). The European Economic and
Social Committee issued its opinion on 28 May 2002, the Parliament adopted its opinion in plenary on
5 December 2002. The Italian Council Presidency has announced that negotiations shall be resumed on
this proposal as soon as possible.

Furthermore,
in the area of Community legislation the Commission’s Communication of 21 December
2000 on combating trafficking in human beings and combating the sexual exploitation of children and
child pornography (4) paved the way to the Framework Decision of 19 July 2002 on combating trafficking
in human beings (5). This Decision includes a provision on protection of and assistance to victims.

Since 1996 projects aimed at preventing and combating trafficking in human beings are financially
supported through Union programmes like STOP, STOP II, AGIS and Daphne. Many of these projects
focus on the protection of trafficked victims like Anti-Slavery International’s study and report ‘Human
Traffic, Human Rights: Redefining victim protection’, which received financial assistance from the STOP II
Programme. Members of the Commission, on 24 October 2002, attended the public launch of the project’s
findings. The Commission will take the outcome of the project into due consideration with a view to
developing further measures in the fight against human trafficking.

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In 2001, the Commission initiated the Union Forum for the Prevention of Organised Crime. In the
framework of the Forum a number of workshop meetings on trafficking in human beings took place and
involved participants from public agencies as well as from international,
inter-governmental or non-
governmental organisations. The Commission invited Anti-Slavery International to present the findings of
the study in the meeting of 15 November 2002. Further to that presentation, participants discussed and
underlined the necessity of a human rights based approach for the protection of and the assistance to
trafficked victims. The last workshop meeting on 30 June 2003 focused on co-operation between law
enforcement agencies and non-governmental organisations or other parts of civil society providing
specialised services and support for victims.

In September 2002 the European Conference on Preventing and Combating Trafficking in Human Beings
(cid:1) Global Challenge for the 21st Century (cid:1) brought together Member States, Candidate Countries, third
countries, international, inter-governmental and non-governmental organisations and the institutions of the
European Union. The Conference was initiated by the Commission under the STOP II Programme and
organised by the International Organisation for Migration in close co-operation with the Parliament and
the Commission. The major outcome of the Conference is the Brussels Declaration, which aims at further
developing European and international co-operation, concrete measures, standards, best practices and
mechanisms to prevent and combat trafficking in human beings. A number of recommendations set out in
the annex to the Brussels Declaration underline the importance of a human rights based approach. The
Declaration explicitly addresses the issue of victim protection and assistance.

The Commission informed the Council of the European Union of the Brussels Declaration and on 8 May
2003 the Justice and Home Affairs Council adopted Conclusions taking note of the document and agreeing
to examine appropriate proposals to implement specific items contained in it.

On 25 March 2003, the Commission decided to set up an experts group on trafficking in human beings,
which shall assist the Commission with a view to launching further concrete proposals at European level.
The group will also address the protection of victims taking their human rights into due consideration and
paying attention to recent findings concerning this subject.

The Commission will continue to use the Council working structures, the Experts Group on Trafficking in
Human Beings, the Union Forum for the Prevention of Organised Crime as well as programmes like AGIS
and Daphne to further improve the protection of victims of trafficking in human beings.

(1) COM(96) 567 final.
(2) COM(98) 726 final.
(3) OJ C 126 E, 28.5.2002.
(4) COM(2000) 854 final.
(5) OJ L 203, 1.8.2002.

(2004/C 58 E/146)

WRITTEN QUESTION E-2090/03

by Bert Doorn (PPE-DE) to the Commission

(24 June 2003)

Subject: Protection of

the domestic postal market by the French authorities against

foreign service

providers

A number of court cases and inquiries are under way in France against TNT Jet Services, an express mail
delivery service and subsidiary of the Dutch TPG mail delivery service, which,
it is alleged, has been
evading labour law provisions by using subcontractors. Other service providers in the postal sector, such
as the UK’s Royal Mail, are also being prosecuted.

Undertakings belonging to La Poste, the French Post Office group of companies, such as Chronopost, also
use subcontractors. However, there is nothing to show that any inquiries are being conducted into their
activities. I have actually seen a letter in which Chronopost received an assurance from the French Labour
Inspectorate that its practices involving subcontractors would not be investigated.