WRITTEN QUESTION E-0108/04 by Charles Tannock (PPE-DE) to the Commission. Fiat in Italy acting in a joint venture in China providing vans to the People's Republic of China for the purposes of mobile exectution.
Date: 2004-01-22
Institutions: European Parliament, Provisional data
Subjects: China, European undertaking, death penalty, human rights, invitation to tender, motor vehicle industry

C 78 E/932

Official Journal of the European Union

EN

27.3.2004

When considering the safety of existing escalators it is important to note that different legal requirements
and procedures apply depending on when the escalators were placed on the market and put into service.
New escalators placed on the market and put into service in the European Economic Area from 1 January
1995 must comply with the essential health and safety requirements of the Machinery Directive (1).
Application of the technical specifications of harmonised European standards is one voluntary means of
fulfilling the relevant essential health and safety requirements of the Machinery Directive. Escalators placed
on the market and put into service in the Community before 1 January 1995 were subject to the existing
national legislation at the moment of installation, with exception for the period between 1 January 1993
and 31 December 1995 when the Machinery Directive could be voluntarily applied.

5.
It should be noted that, regardless of when an escalator was installed, Member States are responsible
for ensuring that the escalators on their territory are safe. It is also important to keep in mind that
accidents can also occur with ‘safe’ escalators fulfilling all legal requirements in the case of unforeseeable
misuse.

The two harmonised standards giving presumption of conformity with the relevant essential health and
safety requirements for escalators are:

(cid:1) EN 115: 1995 Safety rules for the construction and installation of escalators and passenger

conveyors (2);

(cid:1) EN 115.A1: 1998 Safety rules for the construction and installation of escalators and passenger

conveyors (cid:1) Amendment 1 (3).

The Commission has not been notified of any shortcomings in the harmonised standards on escalators.

The harmonised standards on escalators are currently being revised by the standardisation
6.
organisation CEN, Technical Committee 10, Working Group 2 (CEN/TC10/WG2), in order to take account
of the experience gained from using the current standards. The working group plans to finalise the drafting
of the new standard by the end of 2004, followed by the final vote of the national standardisation
organisations being members of CEN and adoption during 2005.

7.
The Commission will undertake to bring the concern on risks relating to handrails to the Machinery
Directive Working Group, which unites the different stakeholders such as Member State Authorities,
Industry, standardisers, unions, consumers, etc.,
in order to ensure that stakeholders are aware of the
ongoing revision and that care is taken to take account of all available information when drafting a new
escalator standard.

(1) Directive 98/37/EC of the Parliament and of the Council of 22 June 1998 on the approximation of the laws of the

Member States relating to machinery, OJ L 207, 23.7.1998.

(2) OJ C 165, 1.7.1995.
(3) OJ C 317, 15.10.1998.

(2004/C 78 E/0986)

WRITTEN QUESTION E-0108/04

by Charles Tannock (PPE-DE) to the Commission

(22 January 2004)

Subject: Fiat in Italy acting in a joint venture in China providing vans to the People’s Republic of China for

the purposes of mobile exectution

Is the Commission aware of allegations that Fiat of Italy acting through a joint venture in China have
tendered a fleet of vans to the People’s Republic of China, expressly modified for the purposes of becoming
mobile execution vans?

The People’s Republic of China maintain that this is a more humane procedure as it will enable execution
by intravenous lethal injection rather than firing squad and effectively accelerate the process.

27.3.2004

EN

Official Journal of the European Union

C 78 E/933

Is the Commission of the opinion that even if the death penalty is permissible under international law,
there should be a fair and lengthy appeals process before execution takes place? Therefore given that these
mobile execution vans preclude any form of appeal for those convicted of capital offences (which in the
People’s Republic of China can include ‘economic crimes’) this will inevitably result in miscarriages of
justice. Therefore, if the allegations prove to be true, Fiat of Italy should be condemned for participating in
such a tender.

Answer given by Mr Patten on behalf of the Commission

(13 February 2004)

The Commission has no information on the possible involvement of European companies in invitations to
tender published by the People’s Republic of China for the purchase of vehicles for the purpose of
executions.

In its bilateral dialogue with China on human rights, the EU has never stopped reiterating its fundamental
opposition to the death penalty, regardless of the methods used, including that cited by the Honourable
Member. It has also regularly pressed (cid:1) and will continue to press (cid:1) the Chinese authorities, in the
present circumstances, to see that the fundamental rights of the condemned, including the right to appeal
against their sentence, are respected in full.

(2004/C 78 E/0987)

WRITTEN QUESTION P-0109/04

by Claude Moraes (PSE) to the Commission

(19 January 2004)

Subject: Sikhs and the banning of religious articles of faith

Is the European Commission aware of the implications for the Sikh community in any EU Member State
which is considering the banning of religious articles of faith?

Is any action or analysis of this situation, which is of deepening concern to ethnic minority Europeans,
being taken at EU level?

Answer given by Mr Vitorino on behalf of the Commission

(17 February 2004)

The Commission is monitoring the developments the Honourable Member refers to through an ongoing
dialogue with religious and ideological groups, based on deep respect for religious diversity. Should
violations of
the
Commission would take the appropriate action to ensure that these rights were respected.

fundamental rights (including freedom of religion) occur, under Community law,

(2004/C 78 E/0988)

WRITTEN QUESTION P-0126/04

by Jean Lambert (Verts/ALE) to the Commission

(19 January 2004)

Subject: Permits for capture, breeding and trading of protected species in Greece in violation of EU

legislation

From August 2002 to January 2003, Greece has issued permits to a private company to capture and use as
breeding stock for subsequent selling a large number of reptiles and amphibians (ranging from 220 to 600
per species to a total of 8 540) from a large number of species (a total of 90 species), without any other
the capture. The permits include
restrictions about

the time and the circumstances of

the place,