WRITTEN QUESTION E-2307/03 by José Ribeiro e Castro (UEN) to the Commission. Timor — 1999 massacres; trial of those responsible; Indonesia — human rights.
Date: 2003-07-14
Institutions: European Parliament, Provisional data
Subjects: EU aid, EU relations, East Timor, Indonesia, crime against humanity, human rights, international human rights law, judicial proceedings

8.4.2004

EN

Official Journal of the European Union

C 88 E/399

This inaction on the part of the Commission is creating a situation of obvious inconsistency, since it is
allowing this kind of legislation to survive within the EU whilst demanding that the accession countries
abolish it.

Does the Directorate-General for the Internal Market intend to bring any kind of proceedings against
1.
the Spanish State in connection with Catalan laws 16/2000 and 17/2000? If so, when does it envisage
doing so?

2.
Does the Directorate-General for the Internal Market intend to take any kind of general action against
measures of this sort, which prevent large commercial enterprises from exercising freedom of establish-
ment? If so, what is the timetable for such action?

3.
Is the Commission aware how important it is to act swiftly in order to prevent not only the spread of
such measures, which hamper freedom of establishment, but also the implementation of existing ones,
such as the Catalan Law 16/2000, which is already artificially and irreversibly diverting investment?

(1) OJ C 192 E, 14.8.2003, p. 102.

Answer given by Mr Bolkestein on behalf of the Commission

(5 September 2003)

The Commission would like first to confirm to the Honourable Member that it does not intend to
authorise the retention of rules which could be considered as contrary to Article 43 of the EC Treaty
relating to freedom of establishment, regardless of whether these emanate from the Member States or the
accession countries.

As mentioned by the Honourable Member, the Commission plans to take general action against measures
which prevent large commercial enterprises from exercising freedom of establishment. The Commission
large
also asked the Member States to communicate their national rules on the establishment of
commercial enterprises, and has recently obtained this information from them. It is therefore now in a
position to examine all these rules in order to assess their compatibility with the principles of the EC
Treaty, and particularly Article 43 on freedom of establishment. It should be pointed out that as part of its
the Commission attaches particular importance to
strategy for the internal market
examining national legislation which might affect distributive undertakings, and in particular measures
relating to the establishment of large commercial enterprises.

for services (1),

With regard to Catalan laws 16/2000 and 17/2000, the Commission can inform the Honourable Member
that it is currently investigating a complaint concerning these laws which it received in March 2003. It is
also on the point of sending a letter to the Spanish authorities requesting further information, particularly
on the justification and impact of the measures introduced in Catalonia. If it turns out that an infringement
procedure has to be opened following this investigation, this should happen at the earliest opportunity.

(1) Report from the Commission to the Council and the European Parliament on the state of the internal market for

services, 30 July 2002, COM(2002) 441 final.

(2004/C 88 E/0405)

WRITTEN QUESTION E-2307/03

by José Ribeiro e Castro (UEN) to the Commission

(14 July 2003)

Subject: Timor (cid:1) 1999 massacres; trial of those responsible; Indonesia (cid:1) human rights

In his answer to the earlier written question (E-0921/03 (1)) on the same subject Commissioner Patten said
that the Union was constantly following the activities of the ad hoc court set up to judge crimes
committed in East Timor and would be able to return to the issue when the latest judgment, expected at
the beginning of May, was known and before appeal proceedings were launched.

C 88 E/400

Official Journal of the European Union

EN

8.4.2004

Can the Commission therefore say:

(cid:1) what information it currently has on the work of the ad hoc court;

(cid:1) what conclusions it draws from it;

(cid:1) what degree of credibility the court’s decisions have, in the light of the requirements of the primacy of

the rule of law and full observance of international human rights legislation;

(cid:1) what programmes between the EU and Indonesia are under way or being planned as regards good

governance, strengthening of the judicial system and respect for human rights?

(1) See page 337.

Answer given by Mr Patten on behalf of the Commission

(15 September 2003)

The Commission, through its Delegation in Jakarta and together with the Member States Representations
in Indonesia, has been monitoring closely the course of the Ad Hoc tribunal on East Timor.

Following the most recent verdict, issued on 5 August 2003, the Union issued a ‘Declaration’ in which it
expressed its disappointment and stated that ‘the deficiencies in the process have jeopardised the credibility
of the verdicts’.

The Commission intends to encourage the competent authorities to improve the proceedings for the
appeal process, according to international standards of justice to ensure that the verdicts are proportionate
to the seriousness of the crimes committed.

the Commission has a standing
the judicial system in Indonesia,
Considering the deficiencies of
commitment of EUR 13 millions to the ‘Partnership for Good Governance’ programme, implemented by
the United Nations Development Programme UNDP. The Commission is also designing a EUR 11 million
‘Judiciary Support Programme’,
the
Commission is considering a request by the National Commission on Human Rights KOMNAS HAM for
specialised technical assistance in the field of investigation techniques, in conflict areas in Indonesia.

judges and prosecutors. Moreover,

focused on the training of

(2004/C 88 E/0406)

WRITTEN QUESTION P-2310/03

by Baroness Sarah Ludford (ELDR) to the Commission

Subject: EU nationals imprisoned in Japan

(8 July 2003)

it has the right

Given that
to attend the monthly meetings of the EU Consular officials, can the
Commission supply details of how many EU nationals, broken down into numbers from each EU Member
State, are currently in prisons in Japan?

Answer given by Mr Patten on behalf of the Commission

(24 July 2003)

The Commission Delegation in Tokyo participates in Union co-ordination meetings on consular affairs
only in so far as the Commission is specifically competent for the matters under discussion. Prison visits
and care of Member State citizens in need of consular help do not fall within the remit of the Commission