WRITTEN QUESTION E-3412/03 by Olivier Dupuis (NI) to the Commission. EU funding of independent NGO projects in Tunisia.
Date: 2003-11-18
Institutions: European Parliament, Provisional data
Subjects: EU financing, Tunisia, cooperation policy, human rights, legal rule, non-governmental organisation, technical barriers to trade

C 78 E/282

Official Journal of the European Union

EN

27.3.2004

5. The surveillance of whether mobile telephone antennae do not respect the legal requirements falls
under the responsibility of Member States. Under Directive 1999/5/EC (1), a Member State should not
allow the putting into service of antennas that would expose the public to levels beyond those set by
the Council Recommendation.

(1) Directive 1999/5/EC of

the Parliament and of

the Council of 9 March 1999 on radio equipment and

telecommunications terminal equipment and the mutual recognition of their conformity, OJ L 91, 7.4.1999.

(2004/C 78 E/0282)

WRITTEN QUESTION E-3412/03

by Olivier Dupuis (NI) to the Commission

(18 November 2003)

Subject: EU funding of independent NGO projects in Tunisia

the government’s decision, on the basis of

The Tunisian authorities have decided to forbid the Tunisian Human Rights League to receive funding
from the Commission, in the second block of funding for a project already concluded by the League and
approved by the Commission in 2002, within the framework of the European Initiative for Democracy
and Human Rights. Last August, the Tunisian Interior Ministry’s political affairs director summoned the
‘legal provisions on
League’s Chairman to inform of
associations’. Some days later, the bank for where the League has one of its accounts sent a letter to
League officials saying that a deposit had been made by Brussels on behalf of the League, but access to
these funds was dependent on the submission of ‘the requisite authorisations, pursuant to Law No. 154 of
7 November 1959, and particularly the provisions of Articles 8 and 14 thereof’
the law on
associations). Tunisian legislation does not, in fact, contain any provision of a nature such as to oblige
the League to request authorisation in order to receive funding. Article 8 specifically and exclusively refers
to charity and aid associations. Article 14 obliges ‘associations recognised as being of national interest’ (cid:1)
which is not the case of the Tunisian Human Rights League (cid:1) to obtain authorisation from the Minister of
the Interior in order to ‘accept donations and legacies’. The funding obtained in 2002 by the League falls
within the EU (cid:1) Tunisian Association Agreement, Article 2 whereof obliges the parties to respect the
principles of democracy and human rights. The conditions imposed by the Tunisian authorities are yet
another instance of the hindrances and harassment the League and its members are subjected to.

(i.e.

What was the Commission’s initial reaction to the manoeuvres of the Tunisian authorities to prevent the
Commission funding a Tunisian Human Rights League project? What initiatives did the Commission take
or will it take to convince the Tunisian authorities to change their legally unjustifiable attitude to the
funding of the League’s project? More generally, what measures does the Commission intend to take to
convince the Tunisian authorities to stop hindering the League’s activities and those of the very few non
governmental organisations which are truly independent of the ruling RCD, party?

Answer given by Mr Patten on behalf of the Commission

(9 January 2004)

The Tunisian League for the Defence of Human Rights Human Rights (LTDDH), beneficiary of project
EIDHR 2002/3485 to restructure the LTDDH, has informed the Commission of the facts referred to by the
Honourable Member.

As a follow-up to the LTDDH’s communication, the Commission has raised this matter at a high level with
the Tunisian authorities in order to clarify the grounds for applying Law No 154 to the Tunisian League
for the Defence of Human Rights in connection with the second instalment of funds for this project, now
at its half-way stage.

27.3.2004

EN

Official Journal of the European Union

C 78 E/283

The Tunisian authorities say that the Law applies to all Tunisian NGOs receiving funding from abroad, but
that ‘for reasons of tolerance and conciliation’ the Law had not been applied to the first instalment paid by
the Commission for this project. The authorities also point out that the LTDDH was the subject of a court
ruling which limits its activities to preparing for the upcoming general assembly and re-election of its
board.

Although apparently administrative in nature, the problems encountered by the LTDDH illustrate the
general difficulties surrounding this type of decentralised cooperation in Tunisia. Without commenting on
the legal basis cited by the Tunisian authorities on their territory in support of their request,
the
Commission prefers a political solution to this problem.

The Commission would remind the Honourable Member that it is also seeking to support Tunisian
reforms in the fields of freedom of association and independence of the judicial system in a more
structured way. The Commission regrets that it is not been possible to carry out the MEDA programme for
Tunisian civil society, which was also meant to include information and training activities aimed at the
Tunisian administration concerned. The Commission and the Tunisian authorities are pushing ahead with
preparations for the programme to support the modernisation of the Tunisian judicial system, also as part
of the MEDA programme.

(2004/C 78 E/0283)

WRITTEN QUESTION E-3434/03

by Stavros Xarchakos (PPE-DE) to the Commission

(20 November 2003)

Subject: Protection of the Bauhaus style of architecture

There are still numerous examples in Europe of the famous Bauhaus style of architecture. There are fewer
examples of the style in Athens, though there are a number, particularly in the city centre. However, these
buildings are deteriorating at an ever-increasing rate.

Is there any Community legislation to protect examples of this architectural style in the Member States?
Are the creations of outstanding architects (such as Horta in Brussels, for example) protected by means of
Community funding to preserve them? Can the Commission make representations to the Greek authorities
to enhance their awareness of the need to protect the Bauhaus style of architecture in Athens?

Answer given by Mrs Reding on behalf of the Commission

(19 December 2003)

The competence conferred on the Community under Article 151 (ex 128) of the EC Treaty extends

1.
no further than encouraging cooperation between Member States in the field of culture.

2.
On this basis, the Commission adopted the ‘Culture 2000’ programme, which is the single financing
and programming instrument for cultural cooperation within the Union. Within the framework of this
programme, and in line with the selection criteria laid down therein, the Commission may support
projects co-produced and co-financed by at least three promoters from at least countries participating in
the programme.

The Honourable Member will find additional
culture/c2000).

information on the website (http://europa.eu.int/comm/

The final aspect of

3.
fall within the
Community’s competence. By virtue of the principle of subsidiarity, it falls within the sole competence of
the Member State.

the question raised by the Honourable Member does not