WRITTEN QUESTION P-2875/03 by Hélène Flautre (Verts/ALE) to the Council. Situation of migrants and asylum-seekers in Malta.
Date: 2003-09-22
Institutions: European Parliament, Provisional data
Subjects: Community acquis, Malta, accession criteria, admission of aliens, illegal migration, migrant, political asylum, refugee

C 78 E/760

Official Journal of the European Union

EN

27.3.2004

(2004/C 78 E/0807)

WRITTEN QUESTION E-2839/03

by Alexandros Alavanos (GUE/NGL) to the Council

(25 September 2003)

Subject: Place of Iraq in the UN and position of the EU

Member States of the UN have particular characteristics (sovereignty, legitimacy, etc.) clearly not possessed
by Iraq, which is currently under occupation. The Provisional Government Council of Iraq has been
appointed by the occupying authorities without any form of legitimising mechanism but also without any
of the powers which would enable it to represent the country at the UN. As an occupied country, Iraq is
no longer a state within the meaning of international
law and its membership of the UN should be
suspended in accordance with the precedent established with Cambodia between 1979 and 1989,
following the intervention of Vietnamese troops, when the government controlled by the Vietnamese
occupying forces was not accepted at the UN General Assembly. The suspension of Iraq’s membership of
the UN should last until elections have been held in the presence of UN observers.

Has the Council considered the matter of Iraq’s seat at the UN in the context of Article 19, paragraph 2
(Title V) of the EU Treaty with a view to the forthcoming session of the UN General Assembly? What are
the thoughts of the EU Presidency in this regard? Is there agreement on this matter, within the meaning of
the above article of the EU Treaty, among the Member States which are members of the UN Security
Council as to the position they will adopt in the Accreditation Committee under Rule 28 of the UN
General Assembly’s Rules of Procedure? What is the current status of diplomatic relations between the EU,
and its Member States, and Iraq as an occupied country?

Reply

(4 March 2004)

The Council informs the Honourable Parliamentarian that it has not discussed the question as to Iraq’s seat
in the United Nations.

(2004/C 78 E/0808)

WRITTEN QUESTION P-2875/03

by Hélène Flautre (Verts/ALE) to the Council

(22 September 2003)

Subject: Situation of migrants and asylum-seekers in Malta

A number of reports from reliable sources, such as the Maltese Jesuit Refugee Service, suggest that asylum-
seekers in Malta are being detained in deplorable,
if not wretched, conditions for periods of up to
18 months.

According to official Maltese sources, about 400 people, most of them asylum-seekers, are incarcerated
solely because they entered Maltese territory illegally. They are also being held without being given any
information on the likely outcome of their cases.

Is the Council aware of the very worrying situation of migrants and asylum-seekers in Malta?

Does the Council recognise that such a situation is in breach of international law, and in particular the
European Human Rights Convention and the 1951 Geneva Convention on the Status of Refugees?

Now that there are only a few months to go before Malta joins the European Union, what does the
Council intend to do to ensure that Malta complies with its international obligations and the existing body
of Union legislation in this sphere?

27.3.2004

EN

Official Journal of the European Union

C 78 E/761

Reply

(4 March 2004)

The Council is aware of the limited reception capacity for illegal immigrants and asylum-seekers in Malta,
which has led to overcrowding. The Council underlines, however, that although a suitable solution has yet
to be found, the Maltese authorities are making efforts to ensure that reception conditions for illegal
immigrants and asylum-seekers are as decent as circumstances allow, given the sheer pressure of numbers.
In this context, the conditions under which asylum-seekers are held must be evaluated in close connection
with Malta’s real (and limited) reception ability.

It should be noted, however, that the Council will monitor closely the situation regarding the reception
conditions for illegal immigrants and asylum-seekers in Malta, as it is doing for all the acceding States, in
order to ensure that the requirements of the acquis are being met. This monitoring will continue until the
day of accession. Furthermore, the situation in reception centres is also expected to be covered in the
Commission’s comprehensive monitoring reports on each acceding State’s preparations for accession to be
presented to the Council on 5 November 2003.

(2004/C 78 E/0809)

WRITTEN QUESTION E-2878/03

by Jan Dhaene (PSE) to the Council

(29 September 2003)

Subject: Technical inspection of the systems for indirect vision used on commercial vehicles

According to press reports, only 1,02 % of commercial vehicles in Belgium fail their technical inspection
test because of badly-positioned or inadequate systems for indirect vision. 4,64 % of such vehicles are
driven away, despite a defect being registered, but they are not required to undergo a second test. In the
Netherlands, police checks showed that 85 % of systems for indirect vision are not properly adjusted
(Source: Goca).

In the interim,
manufacturers are developing technology whereby sensors warn drivers of such vehicles about
presence of persons or objects which cannot be observed by direct vision.

technological development has not been standing still. Major commercial vehicle
the

Can the Commission answer the following:

(cid:1) will the procedures laid down in Directive 77/143/EEC (1) and those which will be laid down in
legislation adopted on the basis of COM(1999) 458 (98/0097(COD)) (2) also apply to systems for
indirect vision which are to be installed in accordance with the requirements to be laid down when
the Council approves amendments to Directive 70/156/EEC (3), as set out in COM(2001) 811 (2001/
0317(COD)) (4);

(cid:1) do the procedures laid down in Directive 77/143/EEC and those which will be laid down in legislation
adopted on the basis of COM(1999) 458 (98/0097(COD)) also apply to systems for indirect vision
already installed in accordance with the requirements laid down in national legislation adopted in
advance of Council approval of amendments to Directive 70/156/EEC, as set out in COM(2001) 811
(2001/0317(COD));

(cid:1) is the Council considering amendments to current legislation and to the proposals for legislation
currently before the Council with a view to authorising sensor-based systems for indirect vision;

(cid:1) has the Council any statistics relating to the positioning, quality of positioning and quality of installed

systems for indirect vision?

(1) OJ L 47, 8.2.1977, p. 47.
(2) OJ C 116 E, 26.4.2000, p. 7.
(3) OJ L 42, 23.2.1970, p. 1.
(4) OJ C 126 E, 28.5.2002, p. 225.