WRITTEN QUESTION E-2091/03 by Paulo Casaca (PSE) to the Commission. Rules for calculating aid for tropical products from ACP countries.
Date: 2003-06-24
Institutions: European Parliament, Provisional data
Subjects: ACP countries, CCT duties, Côte d'Ivoire, EU aid, financial aid, import policy, report, tropical fruit

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.

8.4.2004

EN

Official Journal of the European Union

C 88 E/63

Can the Commission draw up a report providing a full explanation of the situation regarding aid and the
imposition of customs duties on these tropical fruits in Europe, setting out possible shortcomings and
ways of remedying them?

Can the Commission ensure that this report will be available for consideration by Parliament in the context
of the discharge procedure for the 2002 budget?

Joint answer
to Written Questions E-2058/03 and E-2091/03
given by Mr Nielson on behalf of the Commission

(31 July 2003)

Commission Regulation No (EC) 1609/1999 lays down detailed rules for the implementation of Council
Regulation No (EC) 856/1999 establishing the Special Framework of Assistance (SFA) to traditional
African, Caribbean and Pacific States (ACP) supplies of bananas, including the methodology to be applied
for calculating the yearly individual amounts. Further to OCAB’s letter referred to in both questions, on
20 June 2003 the Commission met representatives from OCAB and discussed at length the issues therein
raised. As already clarified in previous contacts, the Commission side once again explained the background
of the SFA and its logic. In accordance with it, as stated by the provisions in force, so far the less
competitive suppliers (e.g. the Caribbean producers) have received more support and the ones scoring
better in competitiveness (like Ivory Coast) have been granted lower allocations. As of 2004, it is foreseen
in both Council and Commission regulations that the logic be adjusted. A reduction coefficient will have to
the reduction will be lower for those ACPs having achieved
be applied to all beneficiaries, but
competitiveness gains, and will be proportional to those gains. In that meeting, OCAB themselves stated
that
in their view the Commission has always applied the method prescribed by the Commission
Regulation in a correct and fair manner. It was also clarified to OCAB that the Commission has never
considered or suggested that the use of Eurostat data leads to a distorted application of the Commission
Regulation. On the contrary, the Commission side drew its counterparts’ attention to the need to have
objective, comparable and timely available data to calculate the individual allocations every year. At the
time when the SFA was established, it was found that only the cost, insurance, freight (CIF) Eurostat prices
met all those criteria at once. So far no viable alternative could be suggested by OCAB or by any other
concerned parties.

As to the request for a report on the situation of both the aid scheme and the customs duties, the
Commission would like to recall that its biennial report to the Council and the Parliament (1) on the
operation of the Council Regulation establishing the SFA is currently being examined by the Parliament.
Also, not later than 31 December 2004, the Commission will submit a report on the Common Market
Organisation for bananas to the Parliament and the Council, as required by Article 32 of Council
Regulation (EEC) No 404/93 of 13 February 1993 on the common organisation of the market in
bananas (2). This report will in particular examine the evolution of both trade flows in ACP bananas and of
their shares in the Community market. The Commission has taken note of OCAB queries on certain
specific statistical data and it is presently looking into this matter, aided by both Eurostat and the
competent authorities of Member States who collect them.

On the basis of the above considerations, the Commission does not see any reason for amending the
legislation in force.
It should be stressed that the current provisions have successfully provided the
traditional ACP suppliers, including Ivory Coast, with significant financial assistance throughout a delicate
period of transition for this industry.

Although OCAB’s remarks only concerned bananas,
for the sake of completeness the Honourable
Member’s attention is drawn to the fact that specific financial assistance for pineapples is presently
provided only to Martinique and the Azores in the framework of
the legislation in force for the
Community’s outermost regions. The management of such assistance has not encountered so far any
significant problem.

(1) COM(2002) 763 final.
(2) OJ L 47, 25.2.1993.