ddrg/super_eurlex huggingface dataset:
WRITTEN QUESTION E-3716/97 by Heidi Hautala (V) to the Council (19 November 1997)

Subject: Child kidnappings

From time to time, as a result of divorce or marriage breakdown, children are snatched in the EU Member States and taken to countries with different cultures. It is made particularly difficult for a Member State's authorities to act when a child is taken to a country whose legislation places the power of decision over the child with its father and his family.

There is little information available about child-snatching, and the EU Member States do not make use of each others' experience in order to get children back. Are child kidnappings monitored at Council level? How does the Council monitor compliance with the Hague Convention? How is the child's interest assessed where it is shown that compliance with the provisions of the Hague Convention will do more harm than good to the child?

Answer (23 March 1998)

1. As it has indicated on a number of occasions, the Council attaches particular importance to matters concerning the protection of children. A number of measures have been adopted with a view to their protection.

As regards the question put by the Honourable Member, the Council would point out that all the Member States have ratified the United Nations Convention on the Rights of the Child adopted in New York on 20 November 1989. In particular, Article 11 of the Convention provides that States Parties shall take measures to combat the illicit transfer and non-return of children abroad.

In this connection it should be noted that practically all the Member States have ratified the Convention of The Hague of 25 October 1980 on the civil aspects of the international abduction of children and all the Member States have ratified the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children concluded in the Council of Europe in Luxembourg on 20 May 1980.

In addition, all the Member States took an active part in the preparation of the Convention of 19 October 1996 concluded at the Conference at The Hague on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children, which also includes provisions on the kidnapping of children.

2. In order to follow up the progress of the ratification of those conventions by each Member State, Council bodies regularly take stock of the situation.
WRITTEN QUESTION E-3860/97 by Kirsi Piha (PPE) to the Commission (5 December 1997)

Subject: Practice with regard to MEPs' travel allowances

The European Parliament has fallen into disrepute partly as a result of the abuse of travel, expense and daily subsistence allowances. However, Members who are caught committing such abuses are not subject to any real penalties for their behaviour, being merely required to pay back the amounts unduly paid.

Does the Commission have any means of incorporating into EU legislation some penalties for such abuses? Particularly in view of the fact that Article 138(4) of the Treaty of Amsterdam now provides a legal basis for a comprehensive examination of the MEPs' benefits, the Commission must now make some kind of proposal to the Council on this matter.

Answer given by Mr Oreja on behalf of the Commission (14 January 1998)

Such matters do not fall within the competence of the Commission. They are a matter for the Parliament itself.
WRITTEN QUESTION E-3761/97 by Patricia McKenna (V) to the Council (24 November 1997)

Subject: Arrest of human rights activist in South Korea

Suh Jun-Sik, one of the organizers of the recent Sarangbang Human Rights Film Festival, was arrested by South Korean police on 4 November 1997.

He had previously served a prison sentence on charges relating to his peaceful work for human rights. His latest arrest warrant referred to the film festival he had organized, accused him of 'benefitting' North Korea and of failing to report regularly to the police under the terms of his previous release.

Five others had previously been detained during the film festival, shown in Seoul in October, after the organizers refused to submit their films for government censorship.

Can the Council outline what action it is taking on the case of Suh Jun-Sik and to defend freedom of expression in South Korea?

Answer (19 March 1998)

The Council shares the Honourable Member's concern about respect for human rights. The case to which she refers in her question * and all other cases of alleged lack of respect for individual human rights * deserve the closest attention. The case could, if substantiated, of course be raised in the ongoing contacts the Union has with the South Korean government.
WRITTEN QUESTION E-3477/97 by Marie-Paule Kestelijn-Sierens (ELDR) to the Commission (31 October 1997)

Subject: Law on the establishment of pharmacists

In Belgium pharmaceutical practices are subject to a law on establishment, with the number of practices permitted in each local authority area being restricted on the basis of its population. In other words the freedom of establishment is limited.

Does the Belgian law on the establishment of pharmacists contravene the provisions on the right of establishment set out in Chapter 2 (Articles 52-58) of the Treaty establishing the European Community? Does the Commission have any plans for legislation which would seek to eliminate the restrictions arising from this law?

Answer given by Mr Monti on behalf of the Commission (6 January 1998)

Rules similar to the Belgian legislation mentioned by the Honourable Member exist in the large majority of Member States.

In this connection the Commission would draw the Honourable Member's attention to the second recital to Directive 85/432/EEC of 16 September 1985 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of certain activities in the field of pharmacy ((OJ L 253, 24.9.1985, p. 34. )). The recital states that 'this Directive does not ensure coordination of all conditions of access to and pursuit of activities in the field of pharmacy; ... in particular, the geographical distribution of pharmacies and the monopoly of the supply of medicinal products continue to be matters for the Member States'.

In the absence of any Community harmonising or coordinating legislation, Member States are alone competent to adopt rules on the subject, provided those rules are compatible with Community law.

The Commission considers in this respect that, as long as they apply in a non-discriminatory manner and are proportionate to the objective sought, national measures such as those referred to are not contrary to the principle of freedom of establishment as set forth in Article 52 of the EC Treaty.

The Commission accordingly does not intend to present any proposals aimed at harmonising or coordinating the national laws concerned.
WRITTEN QUESTION E-3862/97 by Luciano Vecchi (PSE) to the Commission (5 December 1997)

Subject: Support for measures promoting fair and ethical trading and consumption

The promotion of fair and ethical trading and consumption has in recent years become an important instrument both for educating the European public in development and for supporting independent producers and local authorities in the developing countries.

Will the Commission state:

1. how many projects have been supported for this purpose in recent years;

2. whether it intends to boost support for such measures?

3. whether it intends to take measures to promote fair and ethical trading (e.g. with derogations from and the reorganization of import quotas, tax relief, etc.)?

Answer given by Mr Pinheiro on behalf of the Commission (15 January 1998)

The Commission has been supporting development education projects which relate to the issue of fair trade for several years through the non governmental organisations (NGO) cofinancing scheme.

In the past three years 46 projects have been supported with a Community contribution of 6.6 MECU.

In 1995, 19 projects were supported with a Community contribution of 2.9 MECU. In 1996, 16 projects with a contribution of 1.9 MECU. In 1997, 11 projects with a contribution of 1.8 MECU. Three more projects are in the final stage of appraisal.

NGOs from Belgium, Denmark, Germany, Spain, France, Ireland, Italy, Netherlands, Austria, Sweden and the United Kingdom have all received cofinancing.

The initiative for these projects lies with the NGOs which present the request. The figures for 1996 and 1997 represent a period of consolidation following the approval of a number of major initiatives in 1995.

The Commission continues to dialogue with the NGOs active in this field in order to improve coherence and is supporting initiatives to facilitate coordination at regional and European levels.

In the revision of general conditions, measures to support the greater facilitation of NGO programmes which take place in both the North and the South are being considered.

However, the Commission does not believe there are any trade mechanisms which could be used to promote fair trade initiatives given that any proposals must be compatible with World trade organisation rules. These rules prevent differentiation in import rules on the basis of method of production and therefore forbid the creation of a special import quotas for fair trade products.
WRITTEN QUESTION E-4032/97 by Bryan Cassidy (PPE) to the Commission (14 January 1998)

Subject: Producer responsibility obligations (packaging waste) regulations, UK 1996

Can the Commission confirm if, following the consultation period allowed for other Member States to comment on UK proposals to implement Directive 94/62/EC ((OJ L 365, 31.12.1994, p. 10. )) before they were enacted into UK law, the UK acted on the comments made by Member States in respect of barriers to free trade, and amended their proposals?

Answer given by Mrs Bjerregaard on behalf of the Commission (24 February 1998)

Given the confidentiality of the notification procedure the Commission is unable to give full details about the comments received. However, the Commission is able to confirm that it received comments on the United Kingdom's proposals from other Member States and following this consultation procedure amendments were made to the United Kingdom's proposals.
WRITTEN QUESTION E-3596/97 by Cristiana Muscardini (NI), Gastone Parigi (NI) and Amedeo Amadeo (NI) to the Commission (13 November 1997)

Subject: Slaughter of pigs infected with swine fever

There has been an outbreak of swine fever in the Netherlands and it is alleged that the Dutch should have slaughtered a large number of pigs before the outbreak, in view of the considerable cost to the European Union of slaughtering infected animals.

Can the Commission say:

1. if it can assess whether the system used by the Dutch offers adequate safeguards against possible errors, in order to uncover technical or administrative shortcomings, especially as regards the source of the outbreak and the slaughter of animals which have had contact with the infection;

2. whether it considers the economic assessments made to be fair, i.e. that they have not been overestimated?

Joint answer to Written Questions E-3595/97 and E-3596/97 given by Mr Fischler on behalf of the Commission (12 January 1998)

During 1997 the Commission has carefully analyzed the evolution of classical swine fever in the Netherlands. The epidemiological situation has been constantly reviewed with representatives of the Member States during the monthly meetings of the standing veterinary committee.

The Commission has sent a number of missions to the Netherlands to assist the Dutch authorities and to ascertain the effectiveness of the measures taken to eradicate the disease.

During missions it has been noted that great efforts have been made by the Dutch authorities to curtail the epidemic length but problems have also been identified in the management of the epidemics.

These problems concerning the correct use of the uniek bedrijfsnummer (UBN) numbers, the census of the holdings, the efficacy of the audit system used, and the compensation assessment for the pigs slaughtered because infected or suspected of infection, are being carefully examined and they are at present matter for a discussion between the Commission and the Dutch authorities.
WRITTEN QUESTION E-4118/97 by Raimo Ilaskivi (PPE), Jyrki Otila (PPE) and Marjo Matikainen-Kallström (PPE) to the Commission (16 January 1998)

Subject: Tax treatment of secondhand cars for importation into Finland

Finland is among the EU Member States where cars and driving are taxed most heavily. This is a fact, even though the use of private cars is unavoidable in our country on account of the long distances and low population density.

It is true that taxation of car use does not fall within the ambit of the EU Treaty. But surely the way in which imported secondhand cars are taxed in Finland contravenes the principles of the Treaty of Rome, particularly Article 95 (cf. judgment C-47/88 of the Court of Justice of the European Communities of 11 December 1990 in a case concerning Denmark).

What will the Commission do to ensure that the Treaty of Rome is applied in the taxation of secondhand cars for importation into Finland?

Answer given by Mr Monti on behalf of the Commission (16 February 1998)

The Commission shares the Honourable Member's concerns.

It believes that the problems he has raised should be considered in the light of Article 95 of the EC Treaty and the Court of Justice case law relating to that Article.

In this connection it would inform him that Finnish law on vehicle registration tax is currently being examined in the light of the Tadeu judgment (Case C-345/93), and the judgment of 23 October 1997 in Case C-375/95 Commission v Greece.

Should the Honourable Member know of any specific cases in this area, the Commission is prepared to examine them.
WRITTEN QUESTION E-4057/97 by Ulla Sandbæk (I-EDN) to the Council (15 January 1998)

Subject: Weapons training in Greece

Could the Council kindly comment on the measure taken by the Greek Government in respect of the new 'people's defence' legislation? According to the provisions of the bill, which the government says will have to be put to the vote by the end of the year, all citizens - men and women - may be called up for weapons training once a year for a period from 4 to 12 days.

Is the Council aware of this situation? And is this not a violation against the human rights of the Greek people and a measure that might increase hatred for neighbouring countries and increase fear and hostility, especially in the areas bordering on Turkey?

Answer (18 May 1998)

The Council has not been informed of the situation described by the Honourable Member. This question, moreover, does not come within the Community's sphere of competence and concerns a situation which is a matter for the Member State concerned.
WRITTEN QUESTION E-4036/97 by Bryan Cassidy (PPE) to the Commission (14 January 1998)

Subject: Producer responsibility obligations (packaging waste) regulations, UK 1996

Can the Commission confirm that it is opening infraction proceedings against the UK over its implementation of the Directive 94/62/EC ((OJ L 365, 31.12.1994, p. 10. )) and list the Commission's complaints?

Answer given by Mrs Bjerregaard on behalf of the Commission (23 February 1998)

The Commission is able to inform the Honourable Member that there is a current infringement procedure against the United Kingdom concerning the partial implementation of Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste.
WRITTEN QUESTION P-4130/97 by Leoluca Orlando (V) to the Commission (5 January 1998)

Subject: Possible incompatibility of Decree law 395/97 of the Region of Sicily on loans for the book publishing industry with Article 93 of the Treaty of Rome

In Decree law 395/97 the Sicilian Regional Assembly has amended Regional Laws 15 of 11 May 1993, 25 of 1 September 1993, 66 of 20 September 1995 and 68 of 27 September 1995 governing loans for small businesses in the industrial and service sectors, extending their validity from 31 December 1994 to 31 December 1996 for book publishing companies only and changing the type of aid from interest-rate subsidies on bank loans to a one-off grant linked to titles produced by the publishers over the three-year period 1994-1996. The proposed appropriation under this law is ITL 7 billion, with a ceiling of ITL 3 billion per individual company.

The law has been widely opposed by Italian and Sicilian professional associations and is seen as damaging to the interests of many publishers, in so far as the smallness of the total appropriation compared to the ceiling for an individual company could lead to discrimination within the industry concerned. Moreover, by linking payments to the titles that publishers have produced, the law will not be guaranteeing equal conditions.

Does the Commission not consider it desirable to investigate the compatibility of Decree law 395/97 of the Region of Sicily with Article 93 of the Treaty of Rome?

Answer given by Mr Van Miert on behalf of the Commission (3 February 1998)

The Commission would inform the Honourable Member that, in accordance with Article 93(3) of the EC Treaty, the Italian authorities notified it on 7 November 1997 of draft Law No 395/97 on measures to assist the publishing industry.

The Commission is in the process of examining whether, in the light of the objections made by the Italian association of publishers in question, the proposed aid is compatible with the Community rules on competition. It was informed of those objections by the association itself.
WRITTEN QUESTION E-4100/97 by David Morris (PSE) to the Commission (16 January 1998)

Subject: The safety of the Dounreay nuclear research establishment

Revelations in the media about the decommissioning of Dounreay nuclear have raised serious questions about the safety standards and protection of local communities in this proposed clean-up operation.

Can the Commission make a statement about the proposed clean-up operation and the potential implications if safety standards are not properly observed all the more so since the Atomic Energy Authority has itself warned of environmental disaster if correct measures are not taken?

Will the Commission exercise its right under Article 35 of the Euratom Treaty of access to the nuclear research establishment and ensure that safety standards are being properly applied at this critical time?

Answer given by Mrs Bjerregaard on behalf of the Commission (13 February 1998)

Representatives of the Commission met with senior members of the United Kingdom atomic energy authority (UKAEA) during the first half of 1997. The subject of the intermediate-level waste shaft was discussed during that meeting. The Commission is therefore aware of the potential threat to the environment from the shaft and its contents and welcomes the taking of steps to remedy the situation.

Following the recent Press reports, additional information has been requested from the British authorities concerning the plans for the removal, processing and storage of the wastes from the shaft including assessments of the actual and potential environmental effects of these wastes.

Depending on the process selected, a submission may be necessary under the terms of Article 37 of the Euratom Treaty and an environmental assessment may be required for any new facility in which to store the waste (Directive 85/337/EEC as amended by Directive 97/11/EC on the assessment of the effects of certain public and private projects on the environment ((OJ L 73, 14.3.1997. ))).

In May 1993, under the terms of Article 35 of the Euratom Treaty, Commission representatives visited the Dounreay site and area in order to verify the operation and efficiency of the facilities established by the United Kingdom authorities 'to continuously monitor the level of radioactivity in the air, water and soil and to ensure compliance with the basic safety standards'. It was concluded that satisfactory arrangements for the assessment of public exposure were in place. Although there is no evidence that a further verification visit of that type is required at the moment, as outlined above the Commission continues to take a close interest in this matter.
WRITTEN QUESTION E-1582/97

by Cristiana Muscardini (NI) to the Commission

(6 May 1997)

Subject: Restructuring of the network of lottery sales outlets in Italy

The current network for selling lottery tickets in Italy consists of 4500 official sales outlets run by monopoly retailers (tobacconists) or former lottery employees (Law No 123 of 16 March 1987).

A subsequent law (No 85 of 19 April 1990) provided for the gradual extension of this network, which is expected to bring the number of lottery sales outlets to 15 000.

1. Have the procedures for tendering and the selection of the company responsible for restructuring been complied with?

2. Has provision also been made for tendering to supply ticket selling equipment for the 15 000 planned sales outlets?

3. Given that a single market exists, can the sales outlets also be set up in other European Community Member States?

Supplementary answer

given by Mr Monti on behalf of the Commission

(22 September 1998)

The Commission contacted the Italian authorities with a view to obtaining information on the procedures for supplying the terminals needed by the 15 000 lottery sales outlets mentioned by the Honourable Member. The Italian authorities replied that the contracts for purchasing the terminals had been concluded direct with suppliers in 1992. However, they indicated that after 1992 proper contract award procedures had taken place for the subsequent supply of goods and services. They undertook to comply in full with Community public procurement legislation for the forthcoming investments necessary for the continued computerisation and extension of the network of lottery sales outlets.
WRITTEN QUESTION E-4014/97 by Patricia McKenna (V) to the Commission (14 January 1998)

Subject: Keeping of animals in circuses

Does the Commission have any proposals concerning the keeping of wild animals in circuses?

Does it agree that keeping wild animals - particularly larger animals such as elephants and bears in circuses and training them to do special tricks frequently involves cruelty? Does it accept that this practice runs contrary to the provisions of the Treaty of Amsterdam on animal welfare?

Would the Commission be willing to compile a list of which animals may and may not be kept in circuses and used for circus performances?

Answer given by Mrs Bjerregaard on behalf of the Commission (6 February 1998)

Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein ((OJ L 61, 3.3.1997. )) contains provisions on the importation of animals of the species listed in its Annexes as well as on their housing and transport. In addition, the Commission's proposal for a Council recommendation relating to the keeping of wild animals in zoos ((COM(95) 619 final. )) will be extended with the recommendation that Member States adopt appropriate provisions for the keeping of wild animals in other establishments, such as circuses. The Commission would like to point out, however, that the above instruments do not fall within the scope of the declaration (No 24) in relation to the protection of animal welfare attached to the Treaty on European Union.

Finally, as the number of species from which wild-collected animals are available to circuses under Council Regulation (EC) No 338/97 is already limited and further reduced by conditions with regard to housing facilities and transport, the Commission does not intend to draw up the list mentioned by the Honourable Member.