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C 102/30 EN Official Journal of the European Communities 3. 4.

98

Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (2) is also
relevant in this connection. Article 4(b)(iv) of that Directive specifies that the organiser and/or retailer must
provide the consumer, in good time before the start of the journey, in writing or any other appropriate form, with
information on the optional conclusion of an insurance policy to cover the cost of cancellation by the consumer
or the cost of assistance, including repatriation, in the event of accident or illness.

As regards the situation described by the Honourable Member, which concerns the exclusion of non-UK
nationals from holiday insurance cover, the Commission takes the view that this conduct probably reflects the
commercial policy of the insurance company or travel agency through which the holiday was booked rather than
discrimination on the grounds of nationality, for which a Member State would be responsible.

The Commission is not competent to rule on proceedings for breach of contract which may be instituted by
consumers against the travel agency or insurance company. The domestic courts are competent to settle such
matters and to determine whether amounts paid for holiday insurance cover which is included in the overall cost
of a package but from which certain consumers are apparently excluded should be reimbursed. In that context,
the requirement set out in the package tours Directive to provide consumers with appropriate information could
be taken into consideration.

(1) OJ L 339, 27.12.1984. This Directive was last amended by the Third Council Directive 92/49/EEC (OJ L 228, 11.8.1992) and European
Parliament and Council Directive 95/26/EEC (OJ L 168, 18.7.1995).
(2) OJ L 158, 23.6.1990.

(98/C 102/43) WRITTEN QUESTION E-2341/97


by Stephen Hughes (PSE) to the Council
(18 July 1997)

Subject: Variations in rules for car drivers

Could the Council list which Member States:


1. Require a warning triangle to be carried in a car;
2. Require a fire extinguisher to be carried in a car;
3. Allow a sealed gallon of petrol to be carried in the boot of the car?

Answer
(10 November 1997)

The Council does not have the information requested by the Honourable Member at its disposal.

(98/C 102/44) WRITTEN QUESTION E-2348/97


by Patricia McKenna (V) to the Council
(18 July 1997)

Subject: Bringing Khmer Rouge leaders to trial

A recent report by Amnesty International called on the international community to help bring Khmer Rouge
leaders who are believed to have been responsible for gross human rights abuses in Cambodia to justice and to
ensure that they receive fair trials.
3. 4. 98 EN Official Journal of the European Communities C 102/31

Amnesty stated that there was a persistent lack of fairness and transparency in the Cambodian judicial system
and ‘efforts to implement reforms have been hampered by tensions within the coalition government’. For that
reason the Cambodian judicial system would encounter formidable difficulties in ensuring trials for the Khmer
Rouge leaders which meet international standards of fairness.

Because the charges which Khmer Rouge leaders are likely to face include breaches of the Geneva Convention −
which are crimes of universal jurisdiction − Khmer Rouge leaders may be tried in any state.

What measures does the Council propose to take to ensure that Khmer Rouge leaders facing charges of human
rights abuses can receive fair trials in EU states so that the perpetrators of the abuses that have plagued Cambodia
for decades can be brought to justice?

(98/C 102/45) WRITTEN QUESTION E-2744/97


by Patricia McKenna (V) to the Council
(1 September 1997)

Subject: Political killings in Cambodia

On July 18 1997 Amnesty International released details of how over 30 opponents of Cambodia’s Second Prime
Minister Hun Sen were killed and hundreds more arrested following the coup on July 5.

In provisional areas, there have also been reports of FUNCINPEC members being arrested, charged, tried and
convicted of various offences within a matter of days. Human rights groups have expressed fears that the judicial
system is being used for purely political ends to harass and intimidate political activists.

What action has the Council taken and what action does it propose to take on recent human rights abuses in
Cambodia?

Joint answer
to Written Questions E-2348/97 and E-2744/97
(17 November 1997)

1. The European Union has followed with concern the recent developments in Cambodia. In particular, it has
made representations to King Sihanouk and the two joint Prime Ministers, Ung Huot and Hun Sen, in order to
obtain political guarantees for a rapid return to constitutional normality in Cambodia.

The European Union has expressed its concern at allegations of summary justice and disappearances following
the coup of 5 July 1997. The European Union has asked for the maximum amount of light to be shed on these
reports and for respect for human rights to be stored immediately.

Confirmation of the above has been provided by the Cambodian Government.

2. The part played by the Khmer Rouge has been a determining factor in the recent Cambodian crisis, which
led to Prince Ranarriddh being ousted as joint Prime Minister. In fact, the Khmer Rouge still hold territories in
the north of the country.

The European Union is in favour of a negotiated solution between all parties which are prepared to accept
constitutional legality, with a view to national reconciliation.

It is agreed that perpetrators of extortion and crimes against humanity as defined by the Geneva Convention must
be brought to justice as soon as possible.