WRITTEN QUESTION P-1082/04 by Adeline Hazan (PSE) to the Commission. Decision taken by the Netherlands to expel more than 26 000 whose applications for asylum have been rejected.
Date: 2004-04-01
Institutions: European Parliament, Provisional data
Subjects: EU Charter of Fundamental Rights, EU law, Netherlands, international human rights law, migration policy, political asylum, removal, right of asylum

C 84 E/940

Official Journal of the European Union

EN

3.4.2004

Answer given by Mrs Reding on behalf of the Commission

(30 April 2004)

The Culture 2000 programme was established in order to encourage artistic and cultural cooperation in
Europe and to work towards creating a common cultural area. It supports projects which have a European
dimension in terms of their design, organisation and realisation. Accordingly, this programme awards
funding to cultural cooperation projects run jointly by European partners in all artistic and cultural fields
(the performing arts, fine arts, literature, heritage, cultural history, etc.).

A call for proposals is published every year to invite the submission of cultural cooperation projects to
begin the following year. The call for proposals for projects beginning in 2004 was thus published in
August 2003, with submission deadlines of 30 October and 14 November 2003, depending on the type of
project. The call for proposals for projects beginning in 2005 should be published in the first half of 2004.
The Commission has not set any specific priorities for this call for proposals.

In addition to the Culture 2000 programme, many other Community actions support cultural activities,
e.g. the Structural Funds, as seen in a Commission working paper which was recently completed and is
available on the Europa website at
(http://europa.eu.int/comm/culture/eac/
the following address:
index_en.html). The town of Greccio, however, is not eligible for assistance from the European Regional
Development Fund (ERDF) under the 2000-2006 programming exercise.

With regard to sponsorship, the criteria of a European dimension and a European element must be
fulfilled. The Commission would be happy to examine any application for sponsorship submitted by the
town of Greccio. However, sponsorship involves moral support which does not entail any financial
obligation for the Commission, and no assumptions should be made on this basis concerning the outcome
of any application for funding which may be submitted.

(2004/C 84 E/1038)

WRITTEN QUESTION P-1082/04

by Adeline Hazan (PSE) to the Commission

(1 April 2004)

Subject: Decision taken by the Netherlands to expel more than 26 000 whose applications for asylum have

been rejected

In the light of the decision taken by the Netherlands to expel several thousand asylum-seekers whose
applications have been dismissed:

1. Does not that decision breach the principle of non-refoulement because of the situation currently
obtaining in the countries of origin of a number of asylum-seekers (Iraq, Iran, Afghanistan, etc.)?

It would appear that some of the people denied asylum meet the Geneva Convention criteria and may
not be expelled to their countries of origin, where they might be killed.

2. Must we not take the view that Article 47 of the Charter of Fundamental Rights of the European
Union has been breached, in so far as the rejected asylum-seekers are being expelled immediately after
the first notification that their application has been rejected and (since, accordingly, measures should
be taken to review their cases) although they should have the right to lodge an appeal against that
decision?

It seems that the applications from a large number of asylum-seekers were not given fair consideration
between 1993 and 1998 (because of what is known as the 48-hour AC procedure, which did not
allow the asylum-seekers to submit evidence which they had obtained subsequently).

3.

Should we not condemn the use by the Netherlands Government of the English words ‘deport’ and
‘deportation centre’? The use of such words seems at the very least inappropriate or unsuitable in this
context.

3.4.2004

EN

Official Journal of the European Union

C 84 E/941

Answer given by Mr Vitorino on behalf of the Commission

(29 April 2004)

At present, the Commission has no power to intervene in individual cases concerning the removal of
1.
asylum seekers from the Netherlands. The two proposals for directives that would be relevant have not yet
been adopted by the Council (the directive on minimum standards for asylum procedures and the directive
on the qualification as a refugee or as a person otherwise in need of international protection). Given that
this proposed Community legislation is not yet adopted or in force, the Commission cannot examine
whether the principle of non-refoulement would be at stake in the individual cases.

2.
The Commission would like to refer the right Honourable Member to the reply to question
No E-0618/04 from Ms Karamanou (1). Moreover, the Commission would like to stress that if a person
considers that his or her fundamental rights have been or are being violated, he or she can appeal to the
European Court of Human Rights after exhaustion of national remedies.

The Commission suggested the term ‘removal’

3.
instance in its
Communication on a community return policy on illegal residents (2). It must be emphasised, however,
that there is no legally binding terminology in this context.

‘deportation’

instead of

for

(1) See page 822.
(2) COM(2002) 564 final.

(2004/C 84 E/1039)

WRITTEN QUESTION P-1084/04

by Richard Howitt (PSE) to the Commission

(1 April 2004)

Subject: Possible breach of the European Works Council Directive in respect to redundancies announced by

FLS Aerospace

Will the Commission investigate and comment whether there has been a breach of the European Works
Council Directive (94/45/EC (1)) with respect to the announcement of up to 421 redundancies by FLS
Aerospace at Stansted and Manchester in the United Kingdom on 16 January 2004, without apparent prior
reference to their Works Council? Given the fact that EasyJet are reported to be subsidised by GBP 16 400
to fly their aeroplanes to Dublin for maintenance instead, and given the apparent link to the subsequent
acquisition of FLS Aerospace by SR Technics of Switzerland, could the Commission also investigate and
comment on any possible breaches of European competition law?

(1) OJ L 254, 30.9.1994, p. 64.

(2004/C 84 E/1040)

WRITTEN QUESTION P-1088/04

by Arlene McCarthy (PSE) to the Commission

(5 April 2004)

Subject: Possible breach of the European Works Council Directive with respect to redundancies announced

by FLS Aerospace

Will the Commission investigate and comment as to whether there has been a breach of the European
Works Council Directive (94/45/EC (1)) with respect to the announcement of up to 421 redundancies by
FLS Aerospace at Stansted and Manchester in the United Kingdom on 16 January 2004, without apparent
prior reference to the relevant Works Council? Given the fact that easyJet are reported to be subsidised by