WRITTEN QUESTION E-0786/04 by Proinsias De Rossa (PSE) to the Commission. Police cooperation and human rights.
Date: 2004-03-11
Institutions: European Parliament, Provisional data
Subjects: EU Charter of Fundamental Rights, EU police cooperation, fight against crime, human rights, organised crime, terrorism

C 88 E/534

Official Journal of the European Union

EN

8.4.2004

Some of the circumstances referred to are totally outside the scope of Community law and therefore the
Commission will not be able to take action on them. The refusal to grant a workers’ visa specifically for
clerics from third countries is one such case, since there are no Community rules governing the entry and
residence for work purposes of third-country nationals, and all decisions in that field are taken by the
Member States.

Some of the practices mentioned appear to be covered by the Declaration on the status of churches and
non-confessional organisations attached to the Amsterdam Treaty, under which the European Union
respects
religious communities and non-confessional
organisations in the Member States. This holds true for the administrative conditions associated with the
practice of religions other than Orthodoxy and for the taxes paid by religious organisations referred to by
the Honourable Member.

the status under national

law of churches,

The list of religious practices and groups considered sacrilegious by the Orthodox Church and the social
conduct to which it may give rise can affect relations between private individuals only, and as such no
further comment is required.

As regards the alleged discrimination against persons in gaining access to careers and receiving promotion
in the civil service, the Commission points out that Greece is obliged to apply Council Directive 2000/78/
EC of 27 November 2000, which prohibits discrimination based on religion or belief, disability, age or
sexual orientation in the field of employment and occupation (1). Application of this Directive has been
mandatory for all the Member States since 2 December 2003.

Within the framework of its evaluation of the application by the Member States of the aforementioned
Directive, the Commission sent Greece a letter of formal notice concerning its failure to give notification of
measures transposing the Directive into national law.

(1) OJ L 303, 2.12.2000.

(2004/C 88 E/0546)

WRITTEN QUESTION E-0786/04

by Proinsias De Rossa (PSE) to the Commission

(11 March 2004)

Subject: Police cooperation and human rights

Seeking to step up the fight against cross-border terrorism and organised crime, the Irish Presidency has
prioritised the achievement of greater collaboration between police, customs and security services in all
Member States.

Will the Commission guarantee that arrangements for cooperation between law enforcement services in
Member States respect international human rights standards and best practices? Does the Commission
intend to press for the inclusion of provisions for accountability so that the services concerned are able to
ensure complete protection of human rights?

Answer given by Mr Vitorino on behalf of the Commission

(29 April 2004)

All arrangements for cooperation between law enforcement services set up by instruments adopted under
Title VI of the Treaty on the European Union are carefully considered with regard to their compatibility
with Article 6 of the Common Provisions of that Treaty.

The Commission has always been particularly mindful of the need to reconcile a policy of enhancing
security with full respect for fundamental rights and freedoms and the rule of law. Respect for the rule of
law and fundamental rights is an absolute requirement of
the legality of all public action. The
Commission’s mission is to promote this balance throughout the Union, where appropriate, by building
up the necessary legislative framework, in order to achieve the Union’s major objective of creating and
promoting an area of freedom, security and justice.

8.4.2004

EN

Official Journal of the European Union

C 88 E/535

Legal measures adopted by the European Union fully respect the principles recognised by Article 6 of the
Treaty on the European Union and reflected in the Charter of Fundamental Rights of the European Union.
Where relevant, some Framework Decisions include specific reference to this respect for human rights in
their preamble, for example, the Framework Decision on the European arrest warrant and the Framework
Decision on Combating Terrorism both of 13 June 2002.

Moreover, all current as well as future Member States have endorsed Recommendation Rec (2001)10 of
19 September 2001 of the Committee of Ministers of the Council of Europe to Member States on the
European Code of Police Ethics (1), that highlights the need to establish common European principles and
guidelines for i.a. the accountability of the police to safeguard security and individual’s rights in democratic
societies governed by the rule of law. The principle of accountability is set out in further detail
in
paragraphs 15 and 16: Member States are responsible for exercising independent supervision of the police
along the principles laid down.

When implementing Union law, Member States and their law enforcement services must respect the
fundamental rights recognised by Article 6 of the Treaty on the European Union and reflected in the
Charter of Fundamental Rights of the European Union and international instruments which, as general
principles of law, are an integral part of Union law and protected by it.

(1) http://www.supremecourt.ge/english/Annex2.pdf.

(2004/C 88 E/0547)

WRITTEN QUESTION P-0788/04

by Giacomo Santini (PPE-DE) to the Commission

(5 March 2004)

Subject: Importation of ‘dumped’ copper sulphate

The production of copper sulphate is becoming increasingly important throughout the world for use in
animal feeds, agricultural treatments (phytosanitary protection of vines) and in electronics and galvanising.
European production has seen a significant downscaling in recent years, owing to massive imports of
sulphate from third countries (Uzbekistan, Ukraine, Russia, Macedonia, Serbia and China), and is now on
the verge of crisis. Europe’s leading producer, which is based in Italy (Manica SpA of Rovereto), maintains
a presence on the market along with a few other surviving companies in Italy, Spain and France. The main
cause of the crisis is the clear ‘dumping’ by the third countries mentioned above of an excessive quantity
(50 000 to 60 000 tonnes per annum) of microcrystalline copper sulphate (known as ‘snow’). This quantity
accounts for over two thirds of the European market. Serious concerns also stem from the low quality of
extra-Community production, which poses a threat to animal health and the environment. Regulation
EC 133/2003 (1) recently introduced further stringent limitations on the use of certain salts, including
copper salts, in animal feeds, for reasons relating to defecation by pigs on land and in watercourses. This
restriction is further damaging to European exports.

Considering that these circumstances could lead to the closure of the few European facilities that remain,
with serious consequences for product quality and for employment, could the Commission indicate:

1. What it will do to curb these dumped imports with customs duties, on the basis of Council Regulation

384/96 (2);

2. What initiatives it will take to protect the internal market, European producers and product quality;

3. What checks it will run to verify the suspicions surrounding the illegal or scarcely transparent origin

of a large proportion of the copper sulphate imported from those countries?

(1) OJ L 22, 25.1.2003, p. 18.
(2) OJ L 56, 6.3.1996, p. 1.