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2003 EN Official Journal of the European Union C 137 E/233

3. Will tobacco consumption really be reduced by such a ban, and should the smuggling of chocolate
cigarettes be prevented? Does the Commission know whether people who do not in person consume them
have problems with slipstream chocolate?

4. Mr Giscard d’Estaing, chairman of the Convention, was recently received in audience by the Pope.
Will the Commission go one better and seek an audience with St Nicholas to ask his assistance in calling
the fifteen unruly governments to order?

(1) Resolution of 21 November 2002.

(2) WHO Framework Convention on Tobacco Control.

Answer given by Mr Byrne on behalf of the Commission

(17 January 2003)

1. The document referred to by the Honourable Member is the ‘Council Recommendation on the
prevention of smoking and on initiatives to improve tobacco control’, which was adopted by the Council
on 2 December 2002. The Parliament prepared an own-initiative report on the Recommendation,
suggesting i. a. the prohibition of cigarette sweets and toys. This suggestion is reflected in the
Recommendation adopted by the Council, which does in fact call on Member States to prohibit the sale
of sweets and toys intended for children and manufactured with the clear intention that the product and/or
packaging would resemble in appearance a type of tobacco product.

2. As mentioned in the question, the draft text of the World Health Organisation’s (WHO) Framework
Convention for Tobacco Control (FCTC) has a similar provision. However, this does not mean that the
relevant provision in the Recommendation is superfluous. The FCTC is being negotiated at present, so the
Commission does not yet know the final text of the Convention, nor who will sign and ratify the
Convention. The Council’s Recommendation therefore gives a positive signal to the negotiating process on
this issue, and will hopefully encourage the Parties to the FCTC to adopt a similar provision, which would
then be implemented at a global level.

3. As a general remark, the Commission would like to stress the importance of a comprehensive
tobacco control policy as a public health priority. This is especially important as regards the protection of
children and young people from the marketing activities of the tobacco industry, and cigarette toys and
sweets may very well entice children to try the ‘real’ product at a later stage. The focus of the provision,
therefore, is to protect young people from ruthless marketing activities.

4. The Commission is in fact in close contact with Mr ‘Zwarte Piet’ in the secretariat of St Nicolas and
has suggested ‘pepernoten’ as a suitable alternative for children, but so far no meeting has been confirmed.

(2003/C 137 E/264) WRITTEN QUESTION E-3634/02

by Miquel Mayol i Raynal (Verts/ALE) to the Commission

(17 December 2002)

Subject: Association Agreement between the EU and Chile and respect for the rights of the Mapuche

On 18 November, an association agreement was signed between the EU and Chile. It includes a clause
concerning respect for human rights. The second point in the chapter devoted to political dialogue states
that ‘The main objective of the political dialogue […] is the promotion, dissemination, further development
and common defence of democratic values, such as the respect for human rights […]’.

Chile is the only country in the whole of Latin America which does not recognise the existence of
indigenous peoples. Their rights  particularly those of the Mapuche people  are far from being
respected and protected. Moreover, the Chilean Government refuses to ratify the International Labour
Organisation’s Convention 169 of 1989 concerning Indigenous and Tribal Peoples. The police have
committed numerous acts of arbitrary violence against Mapuche communities, and these acts have often
gone unpunished.
C 137 E/234 Official Journal of the European Union EN 12.6.2003

The Agreement also states that one of the principles by which it has been inspired is sustainable
development. Natural resources are being blindly exploited in the territory of the Mapuche people. In
addition, many environmental conflicts exist, such as those arising from the deforestation of a large part of
Mapuche territory and the construction of dams in the Pehuenche area of Alto Bio-bio. The planned Ralco
hydroelectric power station will require 3 500 ha of ancestral land to be flooded, violate indigenous law
and involve the removal, in some cases against their will, of Mapuche-Pehuenche families.

The Commission:
 Is it aware of the situation of the Mapuche people and the possible violation of their rights and
territory by the Chilean State?
 Might it include the political and social situation of the Mapuche communities in the agenda for the
political dialogue at the time of entry into force of the Agreement, in an effort to induce the Chilean
Government to change its policy towards indigenous peoples?
 Will it invite Mapuche representatives to the political dialogue provided for in the Association

Answer given by Mr Patten on behalf of the Commission

(9 January 2003)

The Commission is aware of the situation of the Mapuche people and has contributed to the financing of
numerous NGO projects to assist them. It has also launched, in conjunction with the Chilean Government,
a major rural development project in the ninth region, which has a high density of Mapuche people.

The political dialogue agenda is open to all parties’ concerns. Nevertheless, the Commission believes that
the Chilean Government’s policy for indigenous peoples is a step in the right direction. In fact, the Chilean
Government has taken a whole series of measures in an attempt to address the Mapuche issue; in
particular with the creation of Conadi (the National Indigenous Development Board) in 1993 and with the
launch of a Special Plan in 1999 to assist indigenous peoples. The plan, a result of dialogue between the
Government and more than 3 000 Mapuche communities, includes 32 action programmes. Soon after the
present Government came in to power, it put together a plan of action consisting of 16 measures to
intensify social and public support for the indigenous population.

It is also important to stress that Chile’s political constitution guarantees the respect of all rights inherent
to the human person, while constitutional and legal principles guarantee all inhabitants the means of
judicial and administrative redress in the event of violation of their rights.

The EU-Chile Association Agreement provides for political dialogue between the parties at the level of
Heads of State and Government, at ministerial level and at the level of senior officials of both parties. The
representatives of the Mapuche will still have the opportunity to express their points of view at meetings
with representatives of European and Chilean civil society, as provided for in the Agreement.

(2003/C 137 E/265) WRITTEN QUESTION E-3635/02

by Kathleen Van Brempt (PSE) to the Commission
(17 December 2002)

Subject: Consumer product contents

A German survey just conducted shows that consumer goods including foodstuffs, drinks, cosmetics,
washing products and tobacco contained less than the amount indicated on the packaging in some
12 percent of cases. German consumers’ organisations say that manufacturers systematically ‘underfill’ their

Is the Commission aware of this practice?

If so, what is it doing to stop it?

Does it have access to investigations and figures that can confirm the German findings?