WRITTEN QUESTION E-2700/03 by Glenys Kinnock (PSE) to the Commission. Inquiry into the kidnapping of Peter Shaw.
Date: 2003-09-10
Institutions: European Parliament, Provisional data
Subjects: Georgia, illegal restraint, judicial inquiry

8.4.2004

EN

Official Journal of the European Union

C 88 E/433

The questions from the Honourable Member appear to suggest that the canton of Schwyz attracts passive
investment without any real economic activity taking place or without any real economic presence being
transferred there. However, it should be noted that the tax legislation of Member States and their bilateral
tax treaties with Switzerland contain specific rules limiting the possibilities of tax planning structures
involving the use of so-called ‘mailbox’ companies. Most Member States also have specific anti-abuse
measures in their domestic legislation designed to discourage aggressive tax planning structures that are
based on artificial location of passive investment in low tax jurisdictions.

Regarding tax competition, the Commission is of the opinion that fair tax competition can have positive
effects, such as reducing unnecessary tax burdens and increasing the competitiveness of the Union.
However, unfair tax competition that affects, in a significant way, the location of business, without having
an overall positive impact, is harmful. This is why the Commission is taking active part in the work against
harmful tax competition in the enlarged Union, mainly through the Code of Conduct exercise. For the
same reason the Commission is also actively engaged in the Organisation for Economic Cooperation and
Development (OECD) work against harmful tax practices, which has a global approach and attempts to
change the behaviour both of tax havens and of the OECD member countries (including Switzerland) to
the extent that they participate in harmful tax competition.

So far the discussions, which have been taking place both at an Union level and elsewhere, including in the
OECD, have been exclusively with Switzerland as it
is responsible for
international relations. International law requires the Community to respect the constitutional division of
powers in Switzerland and to conduct consultations with the Federal Government.

is the Confederation that

While not excluding a different approach in the future, the Commission is confident that, at present, the
above approach provides the best means of ensuring fair tax competition, at a truly global level and would
not, at this stage, wish to speculate on other measures.

(2004/C 88 E/0438)

WRITTEN QUESTION E-2700/03

by Glenys Kinnock (PSE) to the Commission

(10 September 2003)

Subject: Inquiry into the kidnapping of Peter Shaw

Would the Commission give a clear and detailed account of any progress made by the Georgian authorities
in the inquiry into the circumstances surrounding the kidnapping of Peter Shaw?

Does the Commission deem it unacceptable that so little information is available and that Peter Shaw has
every right to expect that a full and comprehensive inquiry will be carried out?

Answer given by Mr Patten on behalf of the Commission

(3 October 2003)

Ever since Peter Shaw regained his freedom in November 2002,
the Commission has used every
opportunity to stress to the Georgian Government the importance it attaches to bringing his kidnappers to
justice. The Commission considers this to be an important signal of efforts to strengthen the rule of law in
Georgia. The forthcoming EU-Georgia Cooperation Council will provide a further occasion to discuss the
state of the investigations.

The Commission, through its Delegation and in cooperation with the British Embassy in Georgia, has
regularly sought information from the Prosecutor General of Georgia on progress in the investigation. The
Prosecutor General has recently informed the Commission that
the case is still being investigated.
Individuals involved in the kidnapping of Mr Shaw have been identified but more evidence is needed
before they can be arrested and brought to court. Mr Chichiashvili, a Georgian national, wanted in Georgia
in connection with several kidnappings, including that of Mr Shaw, has been arrested in Moscow.

C 88 E/434

Official Journal of the European Union

EN

8.4.2004

The Commission deeply regrets that, almost one year after Mr Shaw regained his freedom, the perpetrators
of his kidnapping have not been brought to justice and that the suspect arrested in Moscow has yet to be
extradited.

The Commission shares the Honourable Member’s opinion that more information should be made
available and has asked the Georgian authorities for a detailed written report on the state of
the
investigations. The Commission remains determined to do all that it can to pursue this case.

(2004/C 88 E/0439)

WRITTEN QUESTION E-2701/03

by Geoffrey Van Orden (PPE-DE) to the Commission

(11 September 2003)

Subject: Child protection funding in Bulgaria

With regard to pre-accession funding for Bulgaria, what amounts have been allocated for projects relating
to child protection and welfare, and what proposals have been submitted for more resources to be targeted
on this area?

Answer given by Mr Verheugen on behalf of the Commission

(30 September 2003)

As outlined in the Commission’s Regular Report 2002 (1) on Bulgaria’s progress towards accession,
Bulgaria needs to continue to strengthen its efforts in reform of the child care system, ensuring that the
United Nations (UN) Convention on the Rights of the Child is fully respected, that the best interests of the
child are reflected and that children are placed in institutions only as a last resort.

The Commission supports Bulgaria’s efforts in this area through pre-accession funding. A Phare project
entitled ‘Child Welfare Reform’, with EUR 3,5 million of funding from Phare and; and Bulgarian co-
financing of EUR 0,5 million, is already being implemented, largely through twinning. The project aims to
assist the authorities to improve policies towards socially marginalised children (including a significant
number of Roma children and children with disabilities). It provides support and training to relevant
levels and seeks to promote the development of alternative forms of
bodies at national and regional
childcare as well as supporting the reform of the management and care of children in a number of selected
homes.

Another project has been agreed, in principle, under pre-accession assistance provided for in 2003, namely
‘Improvement of quality of life of people with mental disabilities’ (Phare budget: EUR 2 million; Bulgarian
co-financing: EUR 0,67 million). This project aims to support the development and improvement of
alternative medical, social and educational services for both children and adults with mental disabilities.

A number of projects provide indirect support to child protection in Bulgaria e.g. the project ‘Roma
Population Integration’ (Phare budget: EUR 1,65 million). This seeks to improve school attendance by
Roma children by removing economic and cultural barriers at pre-school and primary level, increase the
number of skilled teachers working in a multi-cultural environment and introduce a nationwide multi-
cultural content revised curriculum. There are also projects related to civil society which include project
activities in the area of social integration of vulnerable groups.

Finally, further pre-accession assistance is envisaged in the framework of multi-annual programming 2004-
2006. Relevant proposals from the Bulgarian authorities are expected in the near future.