WRITTEN QUESTION E-4024/03 by Christopher Huhne (ELDR) to the Commission. Free-standing ovens.
Date: 2004-01-09
Institutions: European Parliament, Provisional data
Subjects: United Kingdom, furnace, marketing restriction, product safety, safety standard

C 78 E/896

Official Journal of the European Union

EN

27.3.2004

On what legal bases and on what case law is the Commission relying for its assertion that hunting and
protected areas (SPAs and SACs) will be compatible?

(1) OJ L 206, 22.7.1992, p. 7.

Answer given by Mrs Wallström on behalf of the Commission

(5 February 2004)

The safeguards applying to Natura 2000 sites, given under Article 6 of Council Directive 92/43/EEC of
21 May 1992 on the conservation of natural habitats and of wild fauna and flora, are framed so as to be
of general application. There are no specific provisions concerning the practice of hunting and Natura
2000. Therefore, the approach to hunting must be based on the general principles that also apply to other
human activities that have potential to be detrimental to the conservation objectives of a site.

There is no specific Community case law with respect to hunting and Natura 2000 sites. To the extent that
existing case law is relevant to the general protection regime applying to Natura 2000, the Commission
has sought to reflect this in its guidance document on the provisions of Article 6 of Directive 92/43/
EEC (1). It also takes account of other case law emerging since the publication of this document. The
Honourable Member is also referred to the new guidance document on hunting which refers to this
topic (2).

(1) Managing Natura 2000 sites. The provisions of Article 6 of the ‘Habitats’ Directive 92/43/EEC. Available at http://

europa.eu.int/comm/environment/nature/legis.htm

(2) Guidance document on hunting under Council Directive 79/409/EEC on the conservation of wild birds. Available at

http://europa.eu.int/comm/environment/nature/sustainable_hunting.htm

(2004/C 78 E/0947)

WRITTEN QUESTION E-4024/03

by Christopher Huhne (ELDR) to the Commission

(9 January 2004)

Subject: Free-standing ovens

Further to the Commission’s answer to Written Question E-3307/03 (1), will it state whether free-standing
ovens with a shoulder height oven/grill compartment have been banned in the UK as result of Council
Directive 73/23/EEC (2) (or any other EU legislation)?

Will the Commission provide a list of free-standing ovens (by make and model) that are prohibited from
being placed on the market in the UK by Council Directive 73/23/EEC?

(1) OJ C 70 E, 20.3.2004.
(2) OJ L 77, 26.3.1973, p. 29.

Answer given by Mr Liikanen on behalf of the Commission

(12 February 2004)

Further to the Commission’s response to the Honourable Member’s Written Question E-3307/03 with
respect to Directive 73/23/EEC (1), the Commission is not aware of measures taken in the United Kingdom
to restrict the free movement or placing on the market of any free-standing oven with a shoulder height
oven/grill compartment.

27.3.2004

EN

Official Journal of the European Union

C 78 E/897

Market surveillance is the responsibility of the Member States and the Commission is not directly involved
unless the Member State concerned notifies such a measure under the safeguard clause procedure as
described at Article 9 of the above Directive. In this respect, no such notification has been received to-date.

(1) Council Directive 73/23/EEC of 19 February 1973 on the harmonization of the laws of Member States relating to
electrical equipment designed for use within certain voltage limit, OJ L 77, 26.3.1973 amended by Council
Directive 93/68/EEC of 22 July 1993, OJ L 220, 30.8.1993.

(2004/C 78 E/0948)

WRITTEN QUESTION E-4025/03

by Claude Moraes (PSE) to the Commission

(9 January 2004)

Subject: UN investigation in East Timor

One of my constituents has brought an ongoing UN investigation to my attention.

In 1975, five journalists were killed in East Timor whilst reporting on the Indonesian invasion. One of
these journalists was a relative of my constituent. Initial reports stated the deaths were the results of
crossfire, but it was later revealed (in the mid-1990s) that they were targeted and killed by Indonesians.

The UN administration has taken up this case, and although they were reportedly near to making arrests in
2001, no decisions or action has been taken.

My constituent is very concerned that justice has not been done. Could the Commission state what it can
do to help the progression of this case?

Answer given by Mr Patten on behalf of the Commission

(10 February 2004)

Five journalists, Malcolm Rennie (Scotland), Brian Peters (England), Greg Shackleton (Australian), Tony
Stewart (New Zealand) and Gary Cunningham (Australia), all working for Australian television channels,
were brutally killed in the village of Balibo, Maliana District, East Timor in October 1975. Whilst the facts
of the case are widely known as a result of media coverage and continued lobbying for justice by family
members, no arrests or prosecutions have ever taken place.

The United Nations Transitional Administration in East Timor (Untaet) had a full governance mandate
from the Security Council, and investigation of this and other historical cases was undertaken by UN Police
investigators. By the time the Untaet mission ended in May 2002, investigation had reached the stage
where evidence had been gathered and numerous unsuccessful requests for co-operation had been made to
Indonesia for access to witnesses. The European Union also raised the case with the Indonesian
Government in 2002. None of these requests bore fruit.

Prosecutions for murder cannot be undertaken because of the expiry of relevant statutes of limitation,
(18 years in the Indonesian Penal Code, 15 years in the Portuguese Penal Code) although it might be
possible with further investigation to maintain charges for war crimes (there being no statute of limitation
for war crimes under the Geneva Convention).

Since 20 May 2002 East Timor attained full independence, and prosecuting authority passed from Untaet
to the institutions of the sovereign nation. A case such as this falls within the mandate of the Prosecutor
General, and relevant files, including the files developed by Untaet, should be transferred to his office.