WRITTEN QUESTION E-3965/03 by Mario Borghezio (NI) to the Commission. Measures against China for abusive use of the EC symbol.
Date: 2004-01-05
Institutions: European Parliament, Provisional data
Subjects: China, EC conformity marking, consumer protection, customs inspection, industrial counterfeiting, intellectual property

8.4.2004

EN

Official Journal of the European Union

C 88 E/161

The UR won approximately 37 % of the votes for the seats in the Duma (the lower parliamentary
chamber). Vladimir Zhirinovski’s LDP secured approximately 12 % of the votes and has followed in third
place by the ultra-nationalist Motherland party (formed some months ago with the Kremlin’s support),
which was fighting its first election and which secured 9 % of the vote.

David Atkinson (leader of the Council of Europe Parliamentary Assembly observer team) explained to
journalists that, throughout the entire campaign, public funds (i.e. taxpayers’ contributions) and public
television were placed at the disposal of certain political groups, which led the observers to deem the
election ‘free, but manifestly unfair’.

Acknowledging that there had been ‘an unfair for the other parties and candidates’ and emphasising that
the vote ‘failed to meet international standards’, the chairman of the OSCE, Bruce George, stated that ‘in
this election the enormous advantage of
incumbency and access to state equipment, resources and
buildings led to the election result being overwhelmingly distorted’. This constituted ‘regression in the
democratisation process in Russia’.

In view of the above, would the Commission answer the following questions?

(cid:1) What information does the Commission hold regarding the fairness and the freedom of the electoral

procedure in Russia?

(cid:1) In view of

the concerns expressed by observers and opposition parties, what action has the

Commission taken (or is it intending to take) vis-à-vis the Russian authorities?

(cid:1) What effect does the Commission believe the above criticisms may have on Moscow’s efforts to gain

international credibility?

(cid:1) To what extent may relations between the EU and Russia be affected?

Answer given by Mr Patten on behalf of the Commission

(9 February 2004)

The Commission has taken note of the preliminary findings of the International Election Observation
Mission, which state that the Duma elections on 7 December 2003 failed to meet many Organisation for
Security and Cooperation in Europe (OSCE) and Council of Europe commitments for democratic elections.
The preliminary findings indicate that important safeguards were not enforced by the Russian authorities.

The Commission is concerned at these findings. Respect for democratic principles and for human rights,
including media freedom, forms the basis for EU/Russia relations. The Commission has therefore used the
occasion of its political dialogue with the Russian authorities to call for these failings to be tackled and for
Presidential elections in March 2004 to respect Russia’s commitments to hold elections in line with
international standards.

The Commission stresses the need for Russia to continue both political and economic reforms. It hopes
that the new Duma will demonstrate its readiness to engage in such reforms in a constructive manner,
which will in turn positively influence EU/Russia relations.

(2004/C 88 E/0170)

WRITTEN QUESTION E-3965/03

by Mario Borghezio (NI) to the Commission

(5 January 2004)

Subject: Measures against China for abusive use of the EC symbol

China is now marking its products in a number of sectors with the words ‘China Export’, abbreviated to
‘CE’. This use of the initials ‘CE’ on numerous Chinese products is a clear case of abusive imitation of
initials which symbolise the European Community on the world market. Such imitations are causing
immense damage to the EU’s producers and its labour market. Can the Commission state what measures it
intends, as a matter of urgency, to put in place vis-à-vis the authorities of the People’s Republic of China?

C 88 E/162

Official Journal of the European Union

EN

8.4.2004

Answer given by Mr Lamy on behalf of the Commission

(9 February 2004)

The Commission is aware of the abusive use of the CE marking, including that perpetrated through the
‘China Export’ scheme, as well as of the wider context of problems concerning the enforcement of
intellectual property rights with regards to Chinese products. The Commission performed a survey on the
enforcement of intellectual property rights, and China is cited as the country that poses the greatest
intellectual property enforcement challenge in the world. This survey can be found at: (http://europa.eu.int/
comm/trade/issues/sectoral/intell_property/survey_en.htm).

The use of the initials ‘CE’ (Conformité Européenne) corresponds to the CE Marking scheme, which applies
to products regulated by certain European health, safety and environmental protection legislation (1). The
CE Marking is mandatory for products it applies to; in other words the manufacturer must affix the CE
marking in order to be allowed to sell his/her product on the European market. The CE Marking indicates
that
is in conformity with the applicable Community requirements imposed on the
manufacturer and that the appropriate conformity assessment procedures have been completed.

the product

The CE marking is not a trade mark and cannot be the subject of a complaint to the World Trade
Organisation (WTO). National market regulators, and in general health and safety authorities can respond
to the abusive use of such marking with seizures and other such measures. In fact, based on consumer
protection legislation, customs authorities in Member States can seize goods bearing a misleading CE mark
when imported, even before they are released.

Given the increased interest by industry and consumers in marking, the Commission is, at the moment,
also consulting stakeholders on the possibility of introducing an origin marking scheme.

(1) The CE Marking is required only for the following types of products:

(cid:1) Toys
(cid:1) Machinery
(cid:1) Electrical equipment (Low voltage directive)
(cid:1) Electronic equipment (Electromagnetic compatibility directive)
(cid:1) Personal protective equipment
(cid:1) Pressure equipment-Medical devices
(cid:1) In vitro diagnostic medical devices
(cid:1) Active implantable medical devices
(cid:1) Radio and Telecommunications terminal equipment
(cid:1) Simple pressure vessels -Gas appliances
(cid:1) Lifts
(cid:1) Recreational craft
(cid:1) Equipment and protective systems for use in explosive atmospheres
(cid:1) Non-automatic weighing instruments
(cid:1) Cableways
(cid:1) Construction products
(cid:1) Explosives for civil use
(cid:1) New hot water boilers.

(2004/C 88 E/0171)

WRITTEN QUESTION E-3975/03

by Paulo Casaca (PSE) to the Commission

(5 January 2004)

Subject: Respect for equal treatment for staff at the Commission delegation in Brazil

I have received a complaint from local staff at the Commission delegation in Brazil concerning the way in
which their salaries have fallen by more than 40 % since September 1999.

Can the Commission confirm this drop in salaries? Can the Commission explain its actions? Can the
Commission guarantee that its treatment of local staff at the Commission delegation in Brazil complies
with the principles of the European Charter of Fundamental Rights?