Letter Verheugen

Wed Feb 4, 2004 11:08 pm

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Verheugen's entire letter:

"Dear prime minister

My attention has been drawn to a number of recent decisions to allow
international adoptions of Romanian children on an ad hoc basis, while
the moratorium on such adoptions is still in place. As you may know,
concern over those decisions has also been expressed by members of the
European Parliament in the debates on the forthcoming report on Romania.

On the basis of available information, it appears that the recent
decisions (including one concerning the adoption of 105 children by
Italian families) have gone beyond what was permissible under the rules
on "pipeline cases" and involved children who were in foster or other
suitable care situations, many of which have been supported by the Phare
Children First programme.

If this information is correct, I see a clear contradiction between the
stated approach of the Romanian government in this field to support
de-institutionalisation and the creation of alternative services,
including foster care, and the removal of those same children from such
alternative services for the purpose of intercountry adoption whilst the
moratorium is still in place. This raises serious questions as to
Romania's political commitement to the implementation of the reform of
child protection, and more generally to the protection of children's
rights in Romania, which as you know, is part of the political criteria
for accession to the EU.

I would therefore ask you to inform me as soon as possible about the
circumstances of the recent decisions - including numbers of children
involved, their age, the form of care that was provided to each of them
in Romania before adoption, and the exact reason for intercountry
adoption in each case. I would also like to have precise details as to
where each child went and how its well being is secured.

The Commission will examine carefully this information in order to make
an informed assessment of the situation, and, if necessary, to take a
decision on the continuation of the Community assistance programme in
the field of childcare reform, including potentially even recovery of
funds.

It is also worth recalling that, while this situation developed, the
Independent Expert Panel set up by the Commission at your request to
advise your government on child protection legislation continued its
work. The Panel has just returned from Bucharest after a third round of
discussions with Romanian experts, and I await their report, which I
will forward to you as soon as it is ready. I understand that, while
recognising the progress made, the Panel members are likely to consider
that the drafts as they now stand still require considerable
improvements. I would therefore urge you to give your personal attention
to the final stage of this process, including policy decisions on the
issue of intercountry adoptions. It is essential, especially in a matter
as important as the rights of the child, to ensure that high quality
drafts are submitted to the Parliament and that the Romanian
administration is well prepared to implement the legislation that will
ultimately be adopted.

I can assure you of my continued support in this endeavour."

Günther VERHEUGEN

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