QUESTION ECRITE P-2552/97

tabled by Olivier Dupuis (ARE)

to the Commission

Subject: China/SPG

In its report on "the communication from the Commission on a long-term policy for China-Europe Relations" (report McMillan-Scott, A4-0198/97), the Parliament "calls on the Commission to open investigations into forced labour and prison labour in China, pursuant to Articles 9, 10 and 11 of Council regulations on the Generalized System of Preferences n. 3281/94 et 1256/96.

Has the Commission already opened such investigations? If so, when does the Commission think it will be able to inform the Council about its decisions? Does the Commission intend to inform the Parliament about these investigations as well? If so, when and how? If such investigations have not been opened yet, when does the Commission intend to commence them?

In the framework of these investigations, does the Commission intend to take advantage of the experience of specialised organisations and particularly of the "Laogaï Research Foundation"?

P-2552/97FR

Answer given by Mr. Marin

on behalf of the Commission

(August 1, 1997)

The Commission has taken note of the McMillan-Scott report on its communication on a long-term policy for China-Europe Relations. The Commission has particularly taken note of paraghaph 42 of the resolution proposal, in the said report, where the Parliament calls on the Commission to open investigations into forced labour and prison labour in China, pursuant to Articles 9, 10 and 11 of Council regulations on the Generalized System of Preferences n. 3281/94 et 1256/96.

Slavery (forced labour) and export of products produced in prisons (not the actual work in the prisons themselves) are amongst the practices attributed to article 9 of the above mentioned regulations which can may entail a temporary retreat to the benefits of the generalised preferences. In any case, article 10 does not confer on the Commission the power to open the investigation itself as forseen under article 11. The action of the Commission can only be commenced if a complaint, duely substantiated, is addressed to it by a physical or legal person or any association, not having the legal personality but which can prove an interest as regards temporary retreat. This complaint must include, in its support, all necessary documentary elements allowing the Commission to examine its acceptability and to appreciate the nature of the allegations which it contains. As a point of information, the Commission would like to indicate to the honorable member of parliament, that the complaint file, particularly well argu

ed, which was submitted to it with regard in the view of withdrawal of preferences in regard to Myanmar (Burma), by reason of forced labour, comprised some 1400 pages of information and testimonies. As to the decision of opening a case, it only intervenes, after the consultion of Member States with the committee on gereralised preferences, if the commission establishes that there are sufficient elements of proof to justify it.