WRITTEN QUESTION E-2775/03 by Jules Maaten (ELDR) to the Commission. Unlawful detention of an EU citizen in Thailand.
Date: 2003-09-16
Institutions: European Parliament, Provisional data
Subjects: EU national, Thailand, barring of penalties by limitation, competence of the Member States, diplomatic relations, drug traffic, imprisonment, private international law

C 88 E/114

Official Journal of the European Union

EN

8.4.2004

statistical and VAT purposes and are based upon the customs value, in accordance with the provisions set
out in Article 9 of Commission Regulation No 1917/2000 (2). The possible variations in the statistical
values registered in different Member States are in all likelihood due to variations in the relevant data
available to administrations in the absence of CIF prices for the goods (cid:1) indeed, when releasing the goods
for free circulation, their actual price is not always available. Although efforts leading to a complete
harmonisation should be pursued, the different practices are compatible with the provisions in force.

The Commission rejects the view that aid is ‘largely wasted’, given that the Commission applies the criteria
in a uniform and fair manner.

As to the possible measurements of the competitiveness of bananas, it can well be argued that better
measures than the CIF price could be found. The Honourable Member mentions production costs as the
most suitable tool. However, when the Commission regulation was designed, no other data was found
which would meet at once the requirements of availability, accountability, and comparability and this is
still the case today.

(1) Commission Regulation (EC) No 1609/1999 of 22 July 1999 laying down the detailed rules for the implementation
of Council Regulation (EC) No 856/1999 establishing a special framework of assistance to traditional ACP suppliers
of bananas, OJ L 190, 23.7.1999.

(2) Commission Regulation (EC) No 1917/2000 of 7 September 2000 laying down certain provisions for the
implementation of Council Regulation (EC) No 1172/95 as regards statistics on external trade, OJ L 229, 9.9.2000.

(2004/C 88 E/0120)

WRITTEN QUESTION E-2775/03

by Jules Maaten (ELDR) to the Commission

(16 September 2003)

Subject: Unlawful detention of an EU citizen in Thailand

Is the Commission aware that the Netherlands national Machiel Kuijt is still being held in detention

1.
despite having been acquitted by a Thai court of involvement in drugs smuggling?

2.
Does the Commission agree that it is contrary to the principle of equality that an Italian fellow-
suspect of Mr Kuijt’s who has likewise been acquitted has, on the contrary, been allowed to leave Thailand
pending an appeal? Does the Commission furthermore agree that it is undesirable for a friendly power to
treat two EU citizens unequally?

3.
Does the Commission agree that, in refusing to release Mr Kuijt on bail, the Thai authorities are
failing to comply with their obligations under the International Covenant on Civil and Political Rights, to
which Thailand has been a party since 1997?

4. Will the Commission raise the above issues with Thailand’s representative to the EU?

5. Will the Commission consider sanctions to convince the Thai authorities that further detention of
Mr Kuijt pending an appeal is a violation of international treaties? If so, what sanctions?

Answer given by Mr Patten on behalf of the Commission

(16 October 2003)

The Commission, through its Delegation in Bangkok, has been following the case of Mr Machiel Kuijt in
Thailand.

In the Commission’s view, the competence to intervene in Mr Kuijt’s case lies primarily with the Dutch
authorities.

8.4.2004

EN

Official Journal of the European Union

C 88 E/115

The Commission does not get involved in cases of a consular nature, nor take position, unless in the
context of an Union démarche previously agreed with the Member States.

The Commission would therefore suggest that the Honourable Member might wish to raise the matter
with the Dutch Government in the first place.

The Commission will continue to follow the case in co-operation with the diplomatic missions of the
Member States in Thailand.

(2004/C 88 E/0121)

WRITTEN QUESTION E-2784/03

by Cristiana Muscardini (UEN), Antonio Mussa (UEN)
and Adriana Poli Bortone (UEN) to the Commission

(17 September 2003)

Subject: Elections in Albania

The people of Albania are to elect new members of the National Assembly 10 October 2003. The OSCE,
in an attempt to make the election process more transparent and devise an effective reform, has explicitly
requested that the national electoral committee should reflect the political situation in the country and be
composed of members of the current majority and opposition, in equal proportions (3 + 3).

Can the Commission say:

1. whether it is aware that the electoral committee now consists of five members of the present socialist

majority and only two members of the democratic opposition;

2. whether it does not consider that the present composition of the electoral committee is unjust and

may arouse serious suspicions of partiality;

3. whether it does not consider it appropriate at this point to set up a body to monitor all the operations

involved in the election to be held on 10 October?

Answer given by Mr Patten on behalf of the Commission

(27 October 2003)

Local elections in Albania took place on 12 October 2003.

The Commission has been following closely the preparation and conduct of these elections. According to
the preliminary conclusions of the International Election Observation Mission (IEOM), these elections
marked further progress towards compliance with OSCE, Council of Europe and other international
standards for democratic elections. However, shortcomings in a number of areas were identified and
remain to be addressed, particularly in relation to voters’ lists which continues to be a problem area as well
as to a number of organisational issues.

The Commission has been aware of the claims by the opposition regarding the composition and political
balance of the Central Electoral Commission. However, the IEOM indicates in its preliminary conclusions
that, despite strong controversy over alleged lack of political balance, the Central Electoral Commission has
administered the elections in a generally professional, transparent and even-handed manner.

The IEOM, the Commission and other actors on the ground will continue to monitor the follow up of the
elections, with particular attention to the completion of the counting, to the tabulation process, to the
publication of results and to the handling of complaints and appeals. The Commission will also encourage
Albania to address the shortcomings identified during these elections well ahead of the next Parliamentary
elections.