WRITTEN QUESTION P-0359/00 by Robert Evans (PSE) to the Commission. Bonded labour.
C 374 E/58 Official Journal of the European Communities EN 28. 12. 2000 Answer given by Mr Bolkestein on behalf of the Commission (28 March 2000) The aim of the proposal for a Directive on the harmonisation of certain aspects of copyright and related rights in the information society (1) is to adapt the legal framework for copyright at Community level in order to meet the challenges of new technologies and new forms of production and exploitation of works. is in keeping with a globalised environment, and it aims to transpose the bulk of the The proposal international obligations arising from the treaties adopted in 1996 under the aegis of the World Intellectual Property Organisation; one of these relates to copyright and the other to interpretations, performances and phonograms. Under one of these obligations, the contracting parties have agreed to adopt legislation guaranteeing legal protection of the technical measures used by copyright holders to protect their work against unauthorised acts. The proposal for a Directive transposes this obligation at Community level in order to ensure an equivalent level of protection in all Member States and to allow the single market to function properly. The Honourable Member recognises the efforts made by the Commission in the proposal to strike a balance between the various rights and interests involved. The Commission is particularly aware of the need for balance when delimiting the level of protection of technical measures where a Member State has recourse to one of the exceptions provided for in Article 5 of the proposal. The Member States seeking a satisfactory solution within the Council working group share that concern. (1) OJ C 180, 25. 6. 1999. (2000/C 374 E/068) WRITTEN QUESTION P-0359/00 by Robert Evans (PSE) to the Commission (4 February 2000) Subject: Bonded labour Bonded labour is a human rights violation which, according to the UN Working Group on Contemporary Forms of Slavery, affects around 20 million people in the world. A large proportion of these bonded labourers are in India and Pakistan. In the light of this, can the Commission inform me as to what action it is taking to: 1. Work with the United Nations and the ILO to urge all States to sign the pertinent international instruments which outlaw bonded labour, particularly ILO Conventions 29 on forced labour and Convention 182 on the worst forms of child labour? 2. Support States in developing and implementing domestic legislation to outlaw bonded labour, including carrying out detailed regional surveys to identify and rehabilitate bonded labourers and to ensure that those responsible for keeping bonded labourers are prosecuted in accordance with national laws? Answer given by Mr Lamy on behalf of the Commission (8 March 2000) The Commission shares the concerns of the Honourable Member with regard to bonded labour practices and, like the Member States, recognizes the importance of abolishing child labour, which deprives children of their right to childhood, their right to education, and their freedom from forced labour. The Community is actively supporting the work of the United Nations, the International Labour Organisation (ILO) and the United Nations Childrenís Fund (UNICEF) in this area. It welcomes the adoption of a new ILO Convention concerning the prohibition and immediate actions for the elimination of the worst forms of child labour. The Community will help ensure that the Convention makes a positive contribution to the elimination of the most intolerable forms of child labour, including bonded labour and the exploitation of children in 28. 12. 2000 EN Official Journal of the European Communities C 374 E/59 prostitution. The Community sees the adoption of the Convention as a major step forward and calls for its early ratification and effective implementation. The International Labour Organisation has well-established mechanisms for supervising the application of international labour standards, including the ILOís Conventions on forced labour (29) and on the worst forms of child labour (182). It is recalled that the 1999 International Labour Conference examined a very critical report on Myanmar and decided to suspend the benefits of ILO technical assistance for this country. It is, however, clear that there is no basis for trade measures preventing the import of goods produced using bonded or child labour in any international instrument at present. The Community follows an approach based on the offer of positive incentives and other forms of assistance, as opposed to the use of sanctions, in order to promote or enhance the ability of poor countries to adhere in practice to accepted standards in the area of core labour standards. However, in extreme and well-specified cases, the Communityís generalized scheme of preferences (GSP) system allows the suspension of benefits accruing to countries where severe violations of human rights have been found. This provision has been applied to Myanmar and still is in force. Considering the case of Pakistan, its government has introduced legislation to outlaw bonded labour and child labour and keeps the Commission informed of the efforts of its authorities to implement this legislation (investigations, convictions, rehabilitation). The Commission uses all appropriate occasions to impress on Pakistan its concerns in this area. In addition, the Honourable Member will be aware of the considerable importance for India and Pakistan of the International programme for the elimination of child labour (IPEC) programme under the ILO aegis for the education of children which helps children to go to school and families to get a job or some money to survive. The Community is a major contributor to this innovative instrument to fight against poverty as well as bonded and child labour. (2000/C 374 E/069) WRITTEN QUESTION E-0365/00 by Glenys Kinnock (PSE) to the Commission (14 February 2000) Subject: Support for Member State company interests overseas Does the Commission consider that companies with overseas interests supported by certain Member States have an unfair advantage over companies in those countries that do not offer such support? Is the Commission able to give detailed information on each Member Statesí contribution to supporting the overseas interests of companies from their own country? Answer given by Mr Monti on behalf of the Commission (10 April 2000) The Honourable Member refers to possible support from certain Member States for the interests of their companies overseas. If these measures appear to provide the beneficiaries with an economic advantage and moreover if they are only available to certain enterprises or certain activities and if they potentially distort intra-Community trade, they may well fall under the discipline of the Treaty state aid rules. The Commission, in a recent decision, has adopted a strict approach as far as aid to outward foreign direct investment of large enterprises is concerned (see Commission Decision of 14 October 1998 on a proposal by Austria to grant aid to Lift GmbH (1)). The Commission is regrettably not able to provide the Honourable Member with detailed information on the amount of each Member State contribution to support overseas interests of companies. (1) OJ L 142, 5. 6. 1999