WRITTEN QUESTION P-2372/03 by Eija-Riitta Korhola (PPE-DE) to the Commission. Transfer of EU citizens being held prisoner to prisons in their home countries.
Date: 2003-07-16
Institutions: European Parliament, Provisional data
Subjects: EU national, EU relations, Venezuela, competence of the Member States, diplomatic protection, prison system, transfer of prisoners

C 88 E/408

Official Journal of the European Union

EN

8.4.2004

When the Association Agreement enters into force, article 3 foresees the start of a formal political
dialogue, inter alia on human rights and democratisation, in the framework of Association Councils and
Committees. This dialogue will provide a solid basis for developing more profound dialogue and
cooperation with Egypt in the areas of human rights and democratisation.

In addition, the Commission intends to further build on an enhanced dialogue and cooperation through
the implementation of a recent Commission initiative. On 22 May 2003, the Commission issued a
Communication aimed at ‘reinvigorating Union actions on Human Rights and democratisation with the
Mediterranean partners’, within the framework of both dialogue and co-operation under the Euro-Med
Association Agreements. The communication is now under the consideration of the Council and the
Parliament.

in view of

As regards the ‘possibility that Egypt may be able to take advantage “at an early stage” of some benefits
that would result from the Agreement’, this would first depend on the date of entry into force of the
association agreement,
the necessary ratification by each Member State. A provisional
application of the association agreement would cover trade and trade related provisions and would require
both parties to the association agreement to come to an understanding to proceed in such manner.
Examples of provisional application of association agreements already exist (e.g. with Lebanon). In such
case, the benefits would be the ones set out in the association agreement signed on 25 June 2001. It
would concern in particular the dismantling of tariffs for industrial products imported into Egypt, and the
arrangements for agricultural, fisheries and processed agricultural products. Industrial products originating
in Egypt already enjoy free access to the Community according to the Co-operation Agreement signed in
1977.

In order to implement the objectives of the agreement and in particular, in the framework of the New
Neighbourhood policy, the Commission will ensure that progress is made in all the components of the
agreement, including article 3.

(2004/C 88 E/0414)

WRITTEN QUESTION P-2372/03

by Eija-Riitta Korhola (PPE-DE) to the Commission

(16 July 2003)

Subject: Transfer of EU citizens being held prisoner to prisons in their home countries

According to information supplied by the Finnish Foreign Service, in Venezuela alone 500 citizens of EU
countries are serving long prison sentences, often under particularly inhuman conditions. In some cases,
for example,
the prison makes no provision whatsoever for even basic services, and the prisoners
themselves are instead obliged to pay EUR 300 a month for necessary purchases such as their daily food.
Transport journeys are long and gruelling.

Although Venezuela has acceded to the international convention on serving sentences in the country of
origin (and ratified it in April), it does not seem possible in practice, at the level of private individuals, to
reach agreement on the transfer of a prisoner to his home country. Even EU Member States acting on their
own appear to be powerless. One reason that the transfers have failed to happen may be the large-scale
corruption within the Venezuelan bureaucracy.

Is the Commission willing to organise one-off negotiations with a view to having all the EU citizens being
held prisoner in Venezuela transferred to serve the rest of their sentences to prisons in their home
countries? To that end, could a high-level delegation be sent to Venezuela within the next few months in
order to have the matter dealt with on the highest possible tier of the Venezuelan authorities?

Does the Commission have any knowledge of the situation in other non-member countries? Should the EU
develop a system enabling it to intervene more quickly, at any rate when they are being held under the
harshest conditions,
in order to have EU citizens transferred to serve their sentences in their home
countries?

8.4.2004

EN

Official Journal of the European Union

C 88 E/409

Answer given by Mr Patten on behalf of the Commission

(12 August 2003)

The Commission is aware of the general situation in Venezuelan prisons and the conditions of detention.

The consular protection of Union citizens is a matter for the respective Member States rather than a
Community competence. Through their respective diplomatic missions, Member States closely follow the
imprisoned Union citizens. Some Member States have mechanisms to support
situation of individual
prisoners, which they put to use to the best of their ability. These include the possibility of repatriation as
well as financial help and health services.

In addition to the international convention on serving sentences in the country of origin, some Member
States have bilateral agreements with Venezuela. However, procedures under these agreements are
cumbersome and can take up to two years.

Three Member States, Germany, Italy and the Netherlands, presented a démarche to the Venezuelan Home
Minister in May 2003. The Commission is prepared to consult Member States with a view to carrying out
a EU démarche at EU level vis-à-vis the Venezuelan authorities. The objective of the démarche should be to
urge the Venezuelan authorities to comply with the obligations under the International Convention on
serving sentences in the country of origin, as well as to request an improved application of relevant
bilateral agreements with Member States. The démarche could also remind the Venezuelan authorities of
their obligation under international law to ensure humane conditions of detention for imprisoned aliens.

In view of a lack of Community competence, the Commission does not receive systematic information
about the situation of Union citizens imprisoned in third countries.

(2004/C 88 E/0415)

WRITTEN QUESTION E-2401/03

by Avril Doyle (PPE-DE) to the Commission

(21 July 2003)

Subject: Exemption from VAT on postage for charities

Further to the Commission proposal to put VAT on postage and recognising that this would impose a
severe financial burden on charities that depend on direct mail fundraising and are not eligible to reclaim
VAT in the same way as ordinary businesses.

Can the Commission advise whether it will be possible for charities that have the specific difficulty of not
being able to reclaim VAT under Irish tax law to secure an exemption from this EU legislation?

Answer given by Mr Bolkestein on behalf of the Commission

(5 September 2003)

The Commission’s Proposal (1) amending Directive 77/388/EEC (2) as regards value added tax (VAT) on
services provided in the postal sector, would allow Member States to apply a reduced rate to most postal
services now used by private consumers. The scope of the proposed reduced rate would include direct mail
sent by charities for fundraising purposes. According to the Commission’s projections, were Ireland to
apply a reduced rate of 5 % to those postal services, prices should not increase. The reason is that An Post
is currently unable to deduct VAT it pays on its costs, most of it at the standard 21 % VAT rate. Once the
proposal is adopted, the Post Office’s costs will go down since it will be able to deduct VAT paid on them.