WRITTEN QUESTION E-2922/03 by Claude Moraes (PSE) to the Commission. Commercial sanctions against Burma.
Date: 2003-10-02
Institutions: European Parliament, Provisional data
Subjects: EU relations, Myanmar/Burma, foreign policy, international relations, international sanctions, military regime, trade restriction

8.4.2004

EN

Official Journal of the European Union

C 88 E/121

Answer given by Mr Verheugen on behalf of the Commission

(14 November 2003)

The Commission is not in a position to make an assessment of individual cases pending before the
national courts. Such cases fall within the exclusive competence of the judiciary and the Commission
neither can, nor should, intervene in its operation. The Commission notes that in a state that has ratified
the European Convention on Human Rights a person who feels that their human rights have been
infringed, for example with respect to Article 6 on the right to a fair trial, is entitled to take their case to
the European Court of Human Rights after exhausting domestic legal remedies.

The Commission has recently sought information concerning the specific case raised by the Honourable
Members with the Romanian Ministry of Justice. The information provided indicates that Maurizio Trotta
was arrested and placed in pre-trial detention on 2 August 2002. He was formally charged by the
Prosecutor’s Office attached to the Tribunal of Dolj on 26 August 2002 and was sent for trial on the
charges of introducing drugs into the country, drug trafficking and illegal possession of drugs. He was then
acquitted of the first two charges by the Tribunal on 9 July 2003 but convicted of illegal possession of
drugs and sentenced to two years imprisonment. Following an appeal by the Public Prosecutor Mr Trotta’s
sentence was increased to five years by the Court of Appeal in Craiova on 25 September 2003 for the
charges of introducing drugs in the country, drug trafficking and illegal possession of drugs.

According to the relevant Romanian legislation in the field of drug crimes, namely Law 143 on the
Combat of Illicit Traffic and Use of Drugs passed on 26 July 2000 and modified by Laws 169/2002 and
39/2003, cannabis plants (Cannabis sativa), herbal cannabis/marijuana, cannabis resin/hashish, and
cannabis oil are classified under schedule three as ‘risk’ drugs. Article 3(1) states that the penalty for
conviction of an offence of introducing a ‘risk’ drug into Romania will be 10-20 years imprisonment,
Article 2(1) states that trafficking a ‘risk’ drug is punishable with a term of 3-15 years, and Article 4
provides sentences of 2-5 years for illegal possession of all drugs.

(2004/C 88 E/0128)

WRITTEN QUESTION E-2922/03

by Claude Moraes (PSE) to the Commission

(2 October 2003)

Subject: Commercial sanctions against Burma

Following the arrest of Aung San Suu Kyi and some of her supporters earlier this year, the Burmese people
have witnessed a vicious crackdown on its democratic movement. This has come at the hands of the
Burmese military junta who continue to openly beat and kill democracy activists and supporters despite
the EU’s intervention in demanding the release of Aung San Suu Kyi. Military leaders are also reported to
be frequently entering the EU disregarding visa sanctions imposed by the EU.

Given the Junta’s continuing indifference to EU sanctions, does the Commission agree that the current EU
sanctions policy towards Burma does not effectively send the message to the military leaders that such
persecution will not be tolerated in a civilised world and that the imposition of commercial sanctions, as
the US has done for the past five years, deserves further consideration? If not, why not?

Answer given by Mr Patten on behalf of the Commission

(27 October 2003)

The Commission has on several occasions voiced its grave concern for the human rights situation in
Burma and the continuing harassment of democratic forces in the country.

C 88 E/122

Official Journal of the European Union

EN

8.4.2004

In response to the deteriorating political situation in Burma, the Union decided to reinforce its Common
Position on Burma in April 2003 (1). Furthermore, it decided to bring forward the implementation of the
additional sanctions targeted at the military leaders and their closest supporters after the attacks on Daw
Aung San Suu Kyi and her supporters at the end of May 2003.

The Commission is currently undertaking a study assessing the impact of the present Union sanctions on
the Burmese regime and looking at possibilities for additional measures should the situation not improve.
When examining the scope for strengthened sanctions by the Union, the Commission will look carefully at
the possible effects of specific sanctions, such as economic sanctions as imposed by the United States,
on the Burmese population. Any decision on further sanctions will be taken by the Council, based on the
support of all Member States and the Commission.

(1) OJ L 106, 29.4.2003.

(2004/C 88 E/0129)

WRITTEN QUESTION E-2934/03

by José Ribeiro e Castro (UEN) to the Commission

(6 October 2003)

Subject: Cuba (cid:1) Spanish Cultural Centre

According to the media, the Spanish Cultural Centre in Havana has been taken over by the State, 90 days
after the country’s authorities denounced a bilateral agreement concerning this institution.

This has been seen as a reprisal on the part of the Cuban authorities, in response to the measures against
Cuba adopted by the European Union on 5 June 2003.

The Commission:

(cid:1) what information does it have as to the facts;

(cid:1) what steps has it delegation taken vis-à-vis the Cuban authorities, to prevent the nationalisation of the

Spanish Cultural Centre;

(cid:1) how does it view the positions recently adopted by the Cuban authorities;

(cid:1) what measures does it intend to take to reverse the situation of the Spanish Cultural Centre, and to

prevent similar events in future?

Answer given by Mr Nielson on behalf of the Commission

(17 November 2003)

Spain informed the other Member States and the Commission of the decision of the Cuban authorities to
denounce the bilateral agreement concerning the Spanish Cultural Centre in Havana. This decision was
announced by a public statement of the Cuban Minister of Foreign Affairs on 11 June 2003, following the
Union declaration on Cuba of 5 June 2003.

It is for Spain to consider steps it wishes to take, including the possibility of initiating legal action over this
unilateral breach of the agreement.

The conclusions adopted on Cuba by the European Council in Thessaloniki, on 19 and 20 June 2003,
recalled the measures announced by the Union on 5 June 2003 and considered the behaviour of the
Cuban authorities towards the Union and its Member States unacceptable. This behaviour was also
deplored and totally rejected in the Council conclusions on the re-evaluation of the Common Position on
Cuba in July 2003.

In the face of this kind of event, the Member States and the Commission have agreed to maintain strong
cohesion in the implementation of all the measures decided and made public on 5 June 2003.