WRITTEN QUESTION E-3304/03 by Claude Moraes (PSE) to the Commission. Monitoring racial and ethnic discrimination at border controls.
Date: 2003-11-10
Institutions: European Parliament, Provisional data
Subjects: European Union Agency for Fundamental Rights, border control, complaint to the Commission, data collection, ethnic discrimination, racial discrimination

C 78 E/256

Official Journal of the European Union

EN

27.3.2004

Answer given by Mr Barnier on behalf of the Commission

(19 December 2003)

Of the programmes financed under the Structural Funds for the period 2000-2006, it is principally those
that are cofinanced under Objectives 1 and 2 that are targeted geographically. Under Objective 2, which
intervenes in London, assistance is concentrated on the worst-affected areas at sub-regional level. In the
case of London, the Objective 2 programme covers 95 wards in 13 London Boroughs, including parts of
Waltham Forest and Hackney. No areas in the London Borough of Islington are covered under the
Objective 2 programme.

In accordance with General Regulation 1260/99 (1), the Objective 2 programme is subject to management
and control, monitoring and evaluation as a single entity and, accordingly, the Commission has no
information on the break-down of the Structural Funds between the Boroughs concerned.

The Honorable Member may wish to contact the Management Authority for the London Objective 2
programme (2) in order to explore the possibility of obtaining financial data at sub-programme level.

(1) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds,

OJ L 161, 26.6.1999.

(2) Government Office for London European Unit, Riverwalk House, 157/161 Millbank, London SW1P 4RR, tel. 0044-

207-217-3067, fax 0044-207-217-3461.

(2004/C 78 E/0257)

WRITTEN QUESTION E-3304/03

by Claude Moraes (PSE) to the Commission

(10 November 2003)

Subject: Monitoring racial and ethnic discrimination at border controls

Could the Commission please tell me whether there has been any discussion on border controls and the
monitoring of racial and ethnic discrimination at border controls? If not, could the Commission initiate
such a study?

Can the Commission tell me if the European Union Monitoring Centre has any remit to examine this
issue?

There is much prima facie evidence that people of non-white racial or ethnic origin are stopped more
often at border controls. I have been contacted by a constituent who has been stopped and treated unfairly
at the airport in Tallinn. Does the Commission agree that this issue is particularly important with the
enlargement of the European Union?

Answer given by Mr Vitorino on behalf of the Commission

(19 December 2003)

Until now, specific monitoring of racial and ethnic discrimination in the context of border controls has not
taken place. The Commission deals with individual complaints concerning such alleged discrimination on a
case by case basis.

Should it prove necessary, for instance due to an increase in the number of complaints, the Commission
would certainly consider initiating a study to analyse the incidence of racial and ethnic discrimination in
the context of border controls in the Union.

Studying this issue would clearly fall under the remit of the European Monitoring Centre on Racism and
Xenophobia. Article 3 of Regulation (EC) No 1035/97 of 2 June 1997 (1) establishing this centre, expressly
provides that free movement of persons is one of the fields in which the Centre shall collect information
and data and conduct surveys and studies on phenomena of racism and xenophobia.

27.3.2004

EN

Official Journal of the European Union

C 78 E/257

The Commission has received a number of complaints on incidents of alleged racial and ethnic
discrimination in the context of border controls and has each time taken contact with the Member State
involved to remind it that such discrimination is contrary to fundamental rights and that it is the Member
States’ responsibility to ensure that their officials do not behave in a racist way in the exercise of their
functions and that they respect fundamental rights as protected by the Treaty on European Union as
general principles of Community law, and as reaffirmed in the Charter of Fundamental Rights of the
European Union.

The Commission believes that the respect of the prohibition of discrimination on the grounds of race and
ethnic origin in the exercise of border controls is a very important issue for all Member States. It does not
believe that enlargement will be cause for particular concern in this regard. The Commission will continue
to monitor the situation in all Member States.

(1) OJ L 151, 10.6.1997.

(2004/C 78 E/0258)

WRITTEN QUESTION E-3317/03

by Íñigo Méndez de Vigo (PPE-DE) to the Commission

(10 November 2003)

Subject: Cross-border payments

I have been informed that a Spanish citizen has been charged EUR 12 for transferring EUR 30 to Germany.

Does the Commission believe that this charge complies with Regulation (EC) 2560/2001 (1) on cross-
border payments? Does the Commission believe that consumers’ rights are adequately guaranteed? Are
consumers properly informed about the fact that this Regulation has come into force?

(1) OJ L 344, 28.12.2001, p. 13.

Answer given by Mr Bolkestein on behalf of the Commission

(16 December 2003)

According to Regulation (EC) No 2560/2001 of the Parliament and of the Council of 19 December 2001
on cross-border payments in euro, charges levied by a financial institution for cross-border payments in
euro shall be the same as the charges it levies in respect of corresponding national payments in euro. This
rule applies to electronic payment transactions (payments by card and withdrawals at cash dispensers) in
euro up to EUR 12 500 since 1 July 2002 and to credit transfers since 1 July 2003.

In Spain, charges for ‘standard’ credit transfers are well below EUR 12. However, ‘special credit transfers’
(i.e. transfers that are urgent or are made without indication of the IBAN (1) and BIC (2), etc.) can bear
higher charges. Therefore, as long as, respectively, ‘standard’ and ‘special’ credit transfers in euro are subject
to the same charges whether in Spain or cross-border, the principle established in Article 3 of the
Regulation (equality of charges for ‘corresponding payments’) is in principle respected. In the case reported
by the Honourable Member,
transfer is ‘special’ or
‘standard’. More detailed information would be needed to establish whether or not the charge of EUR 12 is
in compliance with the Regulation.

it is unfortunately not clear whether the credit

As regards the enforcement of the Regulation, national authorities must guarantee that it is applied
adequately and consistently. Article 7 of the Regulation provides that the compliance shall be guaranteed
by effective, proportionate and deterrent sanctions. The Commission wrote to all Member States in
September 2003 requesting the name of the competent national authority and the implementing measures
taken by Member States.