ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union CE 70/202

(2004/C 70 E/218)

WRITTEN QUESTION E-3035/03

by Marit Paulsen (ELDR) to the Commission

(17 October 2003)

Subject: Traceability requirement under Article 18(2) of Regulation (EC) 178/2002

Article 18(2) of the EU's Regulation (EC) 178/2002 (1) laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (the General Food Regulation) states that food and feed business operators shall be able to identify ‘any person’ [in the Swedish text ‘alla personer’, literally ‘all persons’] from whom they have been supplied with a food, a feed, a food-producing animal, or any substance intended to be, or expected to be, incorporated into a food or feed.

However, the English phrase ‘any person’ used here would most closely be translated in Swedish with ‘varje person’ (‘each person’).

With every respect for the translation preferences of the EC Court of Justice, how, in the Commission's view, should this point be interpreted? Is any distinction intended, or is this merely a linguistic discrepancy?

Answer given by Mr Byrne on behalf of the Commission

(2 December 2003)

The traceability requirement as set up by Article 18 of Regulation (EC) No 178/2002 of the Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (the General Food Law Regulation) is limited to the identification of the immediate supplier of a particular product and its immediate subsequent recipient.

The said provision does not require food and feed business operators to be able to follow the path of a particular product or ingredient through identification of all preceding suppliers and all succeeding customers throughout the whole supply chain.

The legislation relies on a one up, one down approach between businesses to ensure full chain traceability.

Any linguistic version, which would risk altering the meaning and scope of the general traceability requirement as outlined above, should be considered as a purely linguistic discrepancy and not as an intended distinction in terms of substance.

However, in the case of the Swedish text, ‘alla personer’ or ‘varje person’ are two equivalent expressions that both conform to the ‘one up, one down’ approach. The use of either of them does not alter the meaning of the phrase. Similar stylistic differences exist in the Danish and Dutch versions.

(1) OJ L 31, 1.2.2002, p. 1.
EN Official Journal of the European Union CE 70/151

(2004/C 70 E/157)

WRITTEN QUESTION P-2871/03

by Hiltrud Breyer (Verts/ALE) to the Commission

(22 September 2003)

Subject: Research on human embryos and embryo stem cells

The proposal for a Council decision (1) amending Decision 2002/834/EC states that at the Council meeting of 30 September 2002, the Council and the Commission agreed that ‘detailed implementing provisions concerning research activities involving the use of human embryos and human embryonic stem cells shall be established by 31 December 2003.’ Until that time, the Commission will not propose to fund such research, with the exception of proposals for projects that involve the use of banked or isolated human embryonic stem cells in culture. ‘This leads to the conclusion that the Commission considers that research using human ‘supernumerary’ embryos or stem cells created from them will, as from 2004, be able to receive funding, even if the implementing measures have at that time yet to be adopted, come into force or become applicable. This position would appear to contradict the Commission's statement that ‘during that period [until 31 December 2003] and pending establishment of the detailed implementing provisions, it will not propose to fund such research’ (See 12374/02 ADD 1, p. 5.).

Can the Commission confirm that it will not propose to fund such research until the detailed implementing provisions are adopted, in force and applicable?

Answer given by Mr Busquin on behalf of the Commission

(17 October 2003)

On 30 September 2002 the Council and the Commission agreed that detailed implementing provisions concerning the use of human embryos and human embryonic stem cells which can be financed under the sixth Framework Programme will be defined between now and 31 December 2003.

To this end, the Commission adopted a proposal amending the specific research programme on 9 July 2003 (2). The Council and the Commission have undertaken to reach an agreement and complete the legislative process, after Parliament has given its opinion, by 31 December 2003 at the latest.

The Commission confirms that do its utmost to honour this commitment and hopes that Parliament will provide active support.

(1) COM(2003) 390.

(2) COM(2003) 390 final.
EN Official Journal of the European Union CE 70/198

(2004/C 70 E/214)

WRITTEN QUESTION E-3022/03

by Anna Karamanou (PSE) to the Commission

(14 October 2003)

Subject: Funding of research into accident prevention

According to data produced by the European Accident Prevention Network, one third of fatalities in developed countries are caused by accidents, and young people are particularly affected.

In Greece, the number and frequency of fatal accidents of various types stand at extremely high levels.

In spite of this extremely worrying situation, the Commission recently cut the appropriations allocated to research into and prevention of accidents in European Union countries by 30 %, with the result that it has become considerably more difficult for the competent bodies to carry out their work.

Will the Commission support the proposals and requests made by the European Accident Prevention Network? What further steps will it take to reduce the number of fatal accidents and improve public safety?

Answer given by Mr Byrne on behalf of the Commission

(14 November 2003)

The Commission did not recently cut the appropriations allocated to research into and prevention of accidents in the Union by 30 %.

The proposals for financial support regarding accident and injury prevention received in the framework of the 2003 funding round of the Community public health programme are currently being evaluated. A decision on selection of projects to be financed is expected shortly. Several projects dealing with accidents and injuries have been presented in the selection process.
EN Official Journal of the European Union CE 70/145

(2004/C 70 E/149)

WRITTEN QUESTION P-2834/03

by Gilles Savary (PSE) to the Commission

(18 September 2003)

Subject: Air transport agreements with the USA

On 1 October 2003, the European Union will open negotiations in Washington with the USA to establish a new global legal framework for transatlantic air links.

In view of the ambitious nature of this objective and the complexity of the issues involved, by when does the Commission expect to be able to conclude an agreement?

In the light of the negotiating mandate drawn up by the Council in June 2003, can the Commission reasonably expect to conclude an agreement within the next few months at the risk of not making genuine progress on all the issues to be discussed?

Answer given by Ms de Palacio on behalf of the Commission

(14 October 2003)

In accordance with the negotiating mandate granted to the Commission by the Council in June 2003, the purpose of the negotiations that began on 1 October 2003 in Washington is to conclude a global agreement with the United States with a view to redefining the legal framework for transatlantic air links. The aim is to thoroughly reform the legal framework concerned. It is a reflection of the importance of the desired reform that certain adjustments and/or changes will have to be made to laws and regulations applicable to the United States, or even to certain texts concerning Community law.

Therefore, given the important political events on the horizon both within the Community and in the United States in 2004, it does not seem realistic at this stage to expect an agreement before the year 2005.

The Commission, however, considers that in the meantime adjustments should be made to the existing bilateral agreements, which are necessary to bring them into line with Community law. Proposals of this kind have been put to the American authorities. These proposals will be discussed in a separate framework from that concerning the abovementioned global agreement.
EN Official Journal of the European Union CE 70/36

(2004/C 70 E/040)

WRITTEN QUESTION E-1255/03

by Hanja Maij-Weggen (PPE-DE) to the Commission

(3 April 2003)

Subject: Human rights in Vietnam

Is the Commission aware of the list of political prisoners in Vietnam drawn up by the Liberty Flame Foundation?

Is the Commission aware of the oppression of political dissidents by the Vietnamese Communist Party in Hanoi and, in particular, the recent arrest and imprisonment of young dissidents who have criticised the party on the Internet, for example the attorney Le Chi Quang, the journalist Nguyen Vu Binh and Dr Pham Hong Son, and dissidents who founded the Democratic Party, such as former colonel Pham Que Duong, Tran Khue, the journalist Ho Thu and the writer Tran Dung Tien?

Is the Commission prepared to take action to promote freedom of opinion and democracy in Vietnam?

Answer given by Mr Patten on behalf of the Commission

(8 May 2003)

The Commission would like to confirm to the Honourable Member that it is well aware of the list of prisoners of conscience established by the Liberty Flame Foundation and of the individual cases referred to in the question.

The Commission's policy towards Vietnam is to encourage and support continued progress on human rights and democratisation, and to raise concerns where abuses occur or were a deterioration in the situation becomes evident. The Commission works closely with the Member States in monitoring human rights developments in the country and participates in all Union démarches to the Government of Vietnam on human rights issues, including those pertaining to the situation of Persons of Concern.

The Commission shares the concerns expressed by the United Nations Human Rights Committee regarding the shortcomings of the implementation of the International Covenant on Civil and Political Rights (ICCPR) in Vietnam. Extensive limitations on the right of freedom of expression in the media have been reported which are worrying and incompatible with Article 19 of the Covenant. The Commission regrets that the situation seems to have worsened during 2002. Moreover, the absence of specific legislation on political parties and the fact that only the Communist Party is permitted remains of concern.

The Union, Commission and Member States, have repeatedly urged the Government of Vietnam to strengthen its respect for political and religious freedoms, to further strengthen economic and social freedoms and to create a legal framework for a supportive environment to allow the development of a strengthened civil society, from which Vietnam would greatly benefit. Commission and Member states have expressed these requests in their joint declaration at the Consultative Group meeting in Hanoi in December 2002.

The Commission will continue to follow closely the human rights situation in Vietnam, together with the Diplomatic Missions of the Member States in Vietnam, and take appropriate action.
EN Official Journal of the European Union CE 70/110

(2004/C 70 E/111)

WRITTEN QUESTION E-2533/03

by Gabriele Stauner (PPE-DE) to the Council

(29 July 2003)

Subject: Extra income for members of the European Court of Justice

Members of the European Court of Justice have for years been receiving extra income by having part of their salary transferred not to bank accounts in their place of employment, Luxembourg, but to accounts in other EU countries, with weightings being applied to the amounts transferred. In the 2003 budgetary procedure the Council deleted remarks from the Preliminary Draft Budget of the European Court of Justice (budgetary item A-1090) which provided for this weighting to apply to Members of the Court of Justice ‘by analogy to the Staff Regulations of officials of the European Communities’.

1. Will the Council say why did it delete these remarks from the Budget of the Court of Justice?

2. How does it view the fact that, according to the Commission (see the answer to my Written Question P-1508/03 (1)), members of the Court of Justice are still transferring their salaries in the current financial year to benefit from the weighting? Does it endorse the continuation of this practice?

3. How does it evaluate the statement by Vice-President Kinnock in the answer to the above Written Question ‘that the remark on the budget item in question had no effect on the legality of the matter, and the deletion of the remark had no effect on it either’?

4. Does it share Mr Kinnock's view expressed in the answer that the remarks by the Council and Parliament on the implementation of the expenditure have no effect on the legality of the matter?

5. Can it confirm that no provision is made for the possiblity of such transfers of salaries in application of the weightings and that this is not mentioned anywhere in the relevant regualtions on the emoluments of members of the institutions?

Reply

(5 December 2003)

The issue raised by the Honourable Member is currently being considered by the Council's preparatory bodies in order to find an appropriate solution.

(1) OJ C 65 E, 13.3.2004, p. 83.
2. and 3.

The assessment of the notified scheme was made on the basis of the following considerations: State aid character of the measure, its legality and exemption grounds. Within the heading of exemption grounds, the Commission analysed the compatibility of the scheme with a number of its guidelines and finally its compatibility with Article 87(3)(c) of the EC Treaty in the light of Community objectives and the effect on trading conditions between Member States. The cost-effectiveness of the scheme was addressed by the Commission in points 56 and 57 of its Decision. According to the first, ‘as a regeneration instrument, the stamp duty exemption could fulfil the economic rationale of contributing to reducing risks for investors in brownfield sites. Regeneration has traditionally been perceived as a high-risk, low-return investment, in particular because there is the perception of weak market demand; bureaucratic grant arrangements; unclear procedures in the programs and lack of funding initiatives. Favourable conditions for investment include a perceived total return as well as new business opportunities, transparent existing strategies and the level of risk in the project.’ Point 5 7 follows: ‘it is only when the risk is reduced that investment will increase: this would have several spinoff effects such as reducing the exit-cost, which in turn will further reduce the risks of investing in urban regeneration. The temporary exemption of the stamp duty is likely to contribute to activating the market for regeneration and derelict land in deprived areas as well as having spill-over effects. The system itself would be transparent which matches market demands.’ This is in addition to paragraph 62 which states ‘the average amount of aid to the individual undertakings in the proposed scheme is GBP 50 000 (around EUR 78 500). Aid of this magnitude does not normally distort or threaten to distort competition. In cases where the aid beneficiary receives the stamp duty exemption several times, or receives it cumulated with other kinds of aid, the aid could be significant and thus affect competition and/or affect trade. It is therefore imperative that the cumulation of aid is closely monitored and controlled.’ Finally, the Commission would like to remind the Honourable Member that the cost-effectiveness of the measure will also be analysed ex post by the Commission at the time of receiving the detailed annual reports, imposed as a condition by Article 3 of the Commission Decision. The second paragraph of Article 3 requires a degree of detail of the reports to allow the Commission to make an evaluation of the effects of the scheme on the physical regeneration of the areas that benefit from it.
EN Official Journal of the European Union CE 70/149

(2004/C 70 E/155)

WRITTEN QUESTION E-2866/03

by Anne André-Léonard (ELDR) to the Council

(26 September 2003)

Subject: The ‘European Public Affairs and Human Rights Office’ of the Church of Scientology

The setting up of the Church of Scientology's European Public Affairs and Human Rights Office in Brussels, and the Church's lobbying threatened to lead to confusion between the work of the European institutions and those of scientologists.

The latter avoid presenting themselves as members of the Church of Scientology, and use satellite organisations to infiltrate the European institutions.

What does the Council think of the lobbying practices of Scientology, which uses religion as a commercial product?

Reply

(8 December 2003)

The Council has not discussed the question raised by the Honourable Member.
EN Official Journal of the European Union CE 70/170

(2004/C 70 E/178)

WRITTEN QUESTION E-2937/03

by Philip Claeys (NI) to the Commission

(6 October 2003)

Subject: Commission communication on immigration, integration and employment — economic role of immigration

In its communication on immigration, integration and employment (1) the Commission refers to studies from across the world confirming that immigration has a number of positive effects on the economy (p. 10).

Has Commission also consulted studies arriving at the opposite conclusion? For instance, the recent study on ‘Immigration and the Dutch economy’ carried out by the Central Planning Bureau (CPB) in the Netherlands, which concludes among other things that ‘for all entry ages, however, immigrants turn out to be a burden on the public budget if their social and economic characteristics correspond to those of the present average non-Western residents. Accordingly, budget balances are affected negatively’ (…) The results indicate that immigration can not offer a major contribution to alleviate public finances, and thus become a compensating factor for the rising costs for government due to the ageing of the population'.

At the request of the Senate, the Belgian Planning Bureau conducted a study in response to a note from United Nations advocating massive new waves of immigration into Europe. Here too it was pointed out that further immigration does not provide a solution to the ageing of Europe's population, not least because of the high cost of social security.

Is the Commission aware of these studies and will it take account of their findings when drafting new measures in this area?

(1) COM(2003) 336.
EN Official Journal of the European Union CE 70/196

(2004/C 70 E/210)

WRITTEN QUESTION P-3389/03

by John Hume (PSE) to the Commission

(10 November 2003)

Subject: European Carrefours

Can the Commission explain why the Directorate-General for Press and Communication has announced the sudden termination of operating grants to the 138 members of the European Carrefour Network? Will it reconsider the decision and ensure that funding continues into 2004?
EN Official Journal of the European Union CE 70/42

(2004/C 70 E/046)

WRITTEN QUESTION E-1478/03

by Maurizio Turco (NI) to the Commission

(2 May 2003)

Subject: Refunds on exports from Member States to the Vatican City State of fresh and frozen beef

A table containing data on the quantities and value in euro of products for which export refunds are granted was appended to the supplementary answer to question P-3202/02 (1).

Examination of this table shows that, for exports to the Vatican City State of ‘fresh and frozen beef’ (code 0201):

(a) in 1999 exports from Italy totalled 39,592 kg for a refund of EUR 256 405,34, equivalent to aid of EUR 6 476,19 per kg of meat exported;

(b) in 2000 exports from Italy totalled 38,985 kg for a refund of EUR 305 341,16, equivalent to aid of EUR 7 832,27 per kg of meat exported;

In all likelihood, 395 920 kg were exported in 1999 and 389 850 kg in 2000, at a more credible level of aid of between EUR 0,65 and EUR 0,78 per kg of meat exported.

If one were to make these corrections, total exports would be 346 233 kg for 1998, 963 646 kg for 1999, 730 978,210 kg for 2000 and 212 249,800 kg for 2001.

Under Regulation (EC) No 419/2002 (2), it should also be possible for the tabular data, extracted from the CATS database, to be used for monitoring and forecasting purposes.

It is specified in the table that the units of measurement, weights or quantities and the amounts in euro are provided by the Member States.

In the light of the above, could the Commission indicate:

— whether the data supplied by the Member States are checked and who is responsible for doing this;

— whether the quantities of fresh and frozen beef exported from Member States to the Vatican City State were subject to any monitoring, what form that this took, and what forecasts were made in respect of these quantities;

— whether it does not consider the level of imports to the minuscule Vatican City State to be too high, or in other words that it can be assumed these products are sold in Italy?

(1) OJ C 137 E, 12.6.2003, p. 172.

(2) OJ L 64, 7.3.2002, p. 8.
EN Official Journal of the European Union CE 70/91

(2004/C 70 E/094)

WRITTEN QUESTION P-2374/03

by Raffaele Costa (PPE-DE) to the Commission

(16 July 2003)

Subject: Contracting and subcontracting by the Commission

In view of the recent OLAF investigation into the alleged misappropriation of about EUR 900 000 by senior Eurostat staff, the fact that the Commission has launched a reform of the accounting system, which is deemed to be inadequate, and that Eurostat subcontracted services to Eurogramme, Eurocost and Planistat, can the Commission specify what services have been contracted out and subcontracted in the last five years, how much they cost, and what the mechanisms for allocating contracts and selecting successful contractors are?

Answer given by Ms Schreyer on behalf of the Commission

(22 September 2003)

The Commission's modernisation of the accounting system aims to provide the institutions by 2005 with an accrual accounting system that complies with the most recent international accounting standards for the public sector in accordance with the Financial Regulation (1).

On the other matters raised, the Commission is collecting the very extensive information needed to answer the Honourable Member's question. It will communicate its findings in due course. It should be noted that, as part of the follow-up to the discharge for 2001, the Commission has mandated the Internal Audit Service (IAS) to examine the legality and the regularity of contracts awarded by Eurostat since 1999 and to include in its investigation contracts awarded by other Commission departments. Its findings will be announced in the autumn.

With regard to Planistat, the Honourable Member is invited to refer to the answer to Written Questions P-1705/03 by Ms Stauner (2), P-1807/03 by Mr Bösch and P-1978/03 by Ms Stauner.

(1) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities, OJ L 248, 16.9.2002.

(2) See page 56.