ddrg/super_eurlex huggingface dataset:
WRITTEN QUESTION E-1752/02

by Juan Naranjo Escobar (PPE-DE) to the Commission

(19 June 2002)

Subject: Directive on the taxation of savings

The adoption of the Directive on the taxation of savings is tied in with developments in the negotiations with third countries aimed at their adopting equivalent measures that will prevent a wholesale flight of financial assets to the countries concerned (USA, Switzerland, Andorra, Liechtenstein and San Maríno).

Can the Commission indicate what stage these negotiations have reached?

Answer given by Mr Bolkestein on behalf of the Commission

(26 July 2002)

On 16 October 2001 the Ecofin Council gave the Commission a mandate to initiate negotiations with the United States and five other non-Community countries (Switzerland, Liechtenstein, Monaco, Andorra and San Maríno) in order to obtain sufficient assurances from them regarding the introduction in their territory of measures equivalent to those the Union was considering adopting on the subject in the Community.

It was not possible to make a real start on these negotiations until after the Ecofin Council of 13 December 2001 had adopted a draft Directive which included all the provisions on savings tax that had to be agreed ahead of the negotiations with the non-Community countries. This text includes amendments to the Commission proposal of 18 July 2001(1) on which Parliament gave its opinion at the part-session of 14 March 2002. It should be noted that some of the amendments made by the Council on 13 December 2001 reflect those Parliament called for in its opinion.

The Commission has been able to meet representatives of the six countries since the beginning of 2002 to discuss matters in accordance with the negotiating mandate and the draft Directive agreed by the Ecofin Council on 13 December last year. On 18 June this year formal negotiations also began with Switzerland. Discussions with the six countries are continuing and the Commission reports regularly to the Council on the situation. The Commission is determined to complete the negotiations in time to enable the Council to adopt the Directive on savings tax as part of a tax package agreement before the end of 2002. The Commission will not fail to inform Parliament of the outcome of the negotiations it was asked to conduct.

(1) OJ C 270, 25.9.2001.
WRITTEN QUESTION E-2043/02

by Rodi Kratsa-Tsagaropoulou (PPE-DE)and Stavros Xarchakos (PPE-DE) to the Commission

(10 July 2002)

Subject: Payment of pensions in Greece

A great deal of concern and complaints have been voiced among workers, such as musicians, in Greece that they will not manage to acquire the number of stamps necessary to establish their pension entitlement.

In the light of the social agenda, the objective of a high level of social protection for European citizens and the open coordination of pension schemes, what view does the Commission take of this particular feature of the Greek pension system?

Does the Commission know whether the other Member States also require simultaneously a minimum total number of days to be completed and a minimum total amount of contributions to be paid for workers to establish their pension entitlements? What is that minimum?

Will the Commission take initiatives within its sphere of responsibilities to tackle such problems, which affect workers' quality of life and social security?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(3 September 2002)

Pension systems are the responsibility of the Member States, and the new open method of coordination is unlikely to alter this division of responsibilities between the EU and the Member States. The aim of the open method of coordination is to put in place a framework allowing an exchange of information on national policies and an analysis of these in relation to common objectives. It is not intended, at European level, to look at pension arrangements for specific types of occupation in the Member States.

However, the common objectives concerning pensions(1) require the Member States firstly to ensure that older people are not placed at risk of poverty and can enjoy a decent standard of living; they share in the economic well-being of their country and can accordingly participate actively in public, social and

cultural life and secondly to provide access for all individuals to appropriate pension arrangements, public and/or private, which allow them to earn pension entitlements enabling them to maintain, to a reasonable degree, their living standard after retirement.

Under contributory pensions schemes, it is normal for entitlements to reflect both the level and duration of contributions. In the case of workers who are unable to meet the necessary conditions for acquiring an adequate pension, and to the extent that these conditions are in line with the principles set out in the Treaty with regard to workers who have exercised their right to move freely, most of the Member States have arrangements for guaranteeing a minimum level of income.

The Commission provides comparative information on general social protection schemes in its publication Missoc, which is also available on the Europa website at: http://europa.eu.int/comm/employment_social/missoc2001/index_fr.htm.

(1) Insert details of DG EMPL's recent communication concerning pensions.
WRITTEN QUESTION E-1889/02

by John Cushnahan (PPE-DE) to the Council

(1 July 2002)

Subject: Human rights intimidation

Is the Council aware of the increase in intimidation against members of the country's human rights community in Guatemala, including the recent assassination of Guillermo Ovalle de León, a member of the human rights group Rigoberta Menchù?

Additionally, those defending the rights of endangered street children and children in jail have been threatened at gunpoint.

What action will the Council take to ensure the protection of these human rights organisations so that they can continue their investigations into the abuse of human rights?

Reply

(11 November 2002)

1. The Council is aware of the deteriorating human rights situation in Guatemala and views with the greatest concern the harassment, death threats and assaults directed against persons and organisations working in the defence of human rights in Guatemala. The Council has repeatedly condemned these acts, which impede progress in strengthening the rule of law, and has urged the government of Guatemala to protect those targeted and have the incidents investigated, so that legal action can be taken to punish those responsible. The specific case of the assassination of Guillermo Ovalle de Leòn was addressed in the Council's reply to Written Question E-1435/02.

2. As already mentioned in that reply, in April the Council took the occasion of the fourth anniversary of the murder of Bishop Gerardi to reiterate to the Guatemalan government its concern at the persistent intimidation, threats and aggression suffered by members of human rights organisations, journalists and law officers. Moreover, in May a démarche on behalf of the EU was made to the Vice President expressing concern over human rights issues, notably the threats to those working in this field.

3. The Council fully supports the statement of the UN Secretary-General's Special Representative on Human Rights Defenders, Ms Hina Jilani, made on 12 June 2002 following her visit to Guatemala, in which, amongst other things, she urged the government to implement the Peace Accords and particularly their human rights component; to end impunity for past and current violations; and to conduct a thorough and independent investigation into the allegations of violations against human rights defenders and the alleged existence of clandestine groups. Ms Jilani's report on her visit to Guatemala, to be submitted to the Human Rights Commission in Geneva in 2003, will be a very welcome development.

4. The Council maintains constructive dialogue with Guatemala based on the respect for human rights and the implementation of the Peace Accords, both bilaterally and in the framework of the San Jose dialogue. The situation in Guatemala is being monitored closely with a view to determining the appropriate course of action to be followed.
WRITTEN QUESTION E-2814/02

by Rosa Miguélez Ramos (PSE) to the Commission

(7 October 2002)

Subject: Fleet reductions in third countries

The proposed CFP reform adopted by the Commission envisages the scrapping of 8 000 vessels and the loss of 28 000 fishermen's jobs. The Commission justifies these massive cuts on the basis of the difficult situation of fishing stocks.

However, responsible fishing and preservation of stocks need to be international commitments, and it would be of little use for the Community to adopt drastic measures if other fishing powers do not adopt the same approach.

Does the Commission know if these other countries (China, Japan, the Philippines, Peru, Chile, Iceland, Russia, Norway, etc.) have established similar unilateral measures involving drastic fleet and job reductions?

Answer given by Mr Fischler on behalf of the Commission

(14 November 2002)

There has been a common misunderstanding that the Commission is proposing the compulsory scrapping of huge numbers of vessels. This misunderstanding stems from the publication of some Commission budgetary calculations. These calculations were made only to illustrate the possible and hypothetical effects of a scrapping scheme. In fact, within the framework of the reform of the Common Fisheries Policy (CFP), the Commission's proposals are to reduce fishing effort and to end compulsory scrapping programmes. In other words, the Commission is not proposing that a certain number of vessels should be scrapped. How many vessels will be scrapped depends on the choice made by the vessel owners. There will be improved provision for decommissioning through the scrapping fund should Member States wish to use it, along with an entry/exit system for replacement vessels.

The Commission does not collect data on the evolution of non-Member State fleets (with the exception of candidate countries for accession) and is not in the position to comment either on trends of fleets or on management tools implemented by third countries to reduce the size of their fleets and the impact that these reductions might have on employment.
WRITTEN QUESTION P-3354/02

by Albert Maat (PPE-DE) to the Commission

(19 November 2002)

Subject: Infant botulism syndrome

Recently, a Dutch two-month old baby died from infant botulism syndrome. This is an infectious neuroparalytic disease resulting from the ingestion of spores of clostridium botulinum, which germinate, multiply and produce botunal toxin within the infant's large intestine. Epidemiological studies have implicated honey, and, to a lesser extent, corn syrup as factors. It is recommended that honey and corn syrup not be fed to infants less than one year old to prevent the occurrence of infant botulism. The general public, however, does not seem to be aware of this.

Is the European Commission aware of the existence of this possibly lethal syndrome and its causes?

Does the European Commission intend to take action to inform the general European public about this syndrome and to warn them against feeding honey and corn syrup to infants, for example through information campaigns or obligatory warnings on honey and corn syrup?

Answer given by Mr Byrne on behalf of the Commission

(20 December 2002)

The Commission is aware of the botulism risk associated with the consumption of honey as described by the Honourable Member, although a similar risk associated with corn syrup has not so far been brought to its attention.

The Commission submitted a question to the Scientific Committee on Veterinary Measures relating to Public Health on this issue in June 2001. The Committee adopted an opinion on 19/20 June 2002, where it confirmed that the only biological risk linked to the consumption of honey is botulism in young children.

However, the Committee noted that:

- the routes by which honey is contaminated are unknown;

- the environment (soil, dust) is thought to play a critical role as a source of infection for infants;

- in general, in Europe, the risk of infant botulism is extremely low,

- the level and frequency of contamination of honey with the bacteria is also low.

As a conclusion, the Committee did not consider that requesting microbiological testing or setting microbiological criteria would be effective control options against infant botulism, due to the sporadic occurrence of the disease and low levels of the bacteria in honey. The Committee recommended that effective and targeted information regarding the risks of infant botulism from the consumption of honey should be provided (via leaflets, labelling or advice to health care professionals).

A preliminary discussion took place with the Member States in the Standing Committee on the Food Chain and Animal Health (SCFCAH) before the scientific opinion was available. A further discussion with the Member States, on the basis of the recent scientific recommendations, is foreseen at the next Committee meeting. The Commission will consider the orientations of the SCFCAH and continue to follow all developments with the utmost attention, in keeping with its obligations and its commitment to ensure a high level of consumer protection.
WRITTEN QUESTION E-1427/02

by Glyn Ford (PSE) to the Commission

(23 May 2002)

Subject: Treatment of non-denominational organisations and groups in candidate countries

Due to the inferior status accorded to non-denominational citizens and NGOs representing non-denominational life stances, compared to that of religious people and NGOs in the Czech Republic, the Slovak Republic and Poland, does the Commission intend to ensure that respect of the rights of these groups forms part of the agenda during the accession negotiation process of these countries?

Answer given by Mr Verheugen on behalf of the Commission

(28 June 2002)

Respect of human rights, including non-discrimination, are among those essential political criteria that candidate countries must fulfil in order to become members of the Union. The treatment of non-denominational citizens and non-governmental organisations (NGOs) representing non-denominational life stances has to match with those principles.

The Commission continues to monitor closely and assess developments in this area, in particular in the context of preparation of the 2002 Regular Reports. The assessment will draw upon all available sources of information, including any relevant NGO reports.
WRITTEN QUESTION E-2794/02

by Giacomo Santini (PPE-DE) to the Commission

(4 October 2002)

Subject: Closing of the final section of the Brenner motorway by the Tyrol state government to heavy vehicles at night

The Governor of the Tyrol has signed an order prohibiting heavy vehicles from travelling at night along the Wergl Est Hall section of the A 13 in the Tyrol from 1 October to 31 March. This decision clearly infringes Community rules, disregards the fundamental principles of free movement of goods and places an additional dangerous restriction on traffic, which, if it nevertheless travels at night, incurs significantly higher transit charges.

The step taken by the Tyrol government also flies in the face of basic interinstitutional values, as in the course of the European Parliament's hearing of the three Transport Ministers on 10 September 2002, on the question of ecopoints, no prior warning was given of this decision, which was formally issued the following day.

Moreover, although it is true that there is no general rule on the subject at European level, it is also true that in the proposal for a directive on traffic restrictions on Sundays and holidays, Member States are free to impose specific traffic restrictions at night, but only on noisy vehicles.

In view of the foregoing,

1. What steps does the Commission intend to take to remedy this serious situation, which infringes the principle of the free movement of goods inside the European Union?

2. What measures has the Commission considered to ensure that such actions are not taken again in future?

Answer given by Mrs de Palacio on behalf of the Commission

(8 November 2002)

The Commission is aware of the problem the Honourable Member is referring to regarding the night-time ban on heavy goods traffic on Austria's Inntal motorway between Kundl and Ampass.

In the absence of a transparent system of harmonised traffic restriction rules applicable to heavy goods vehicles engaged in international transport, measures such as that adopted by the President of Tyrol need to be examined with reference to the general principles of Community law (e.g. non-discrimination, proportionality), as well as other specific provisions which may be applicable.

The Commission has asked the Austrian authorities to clarify and explain the measure they have adopted. It will examine the case further in the light of their reply.
WRITTEN QUESTION E-1684/02

by Hubert Pirker (PPE-DE) to the Commission

(12 June 2002)

Subject: Free movement of hunting weapons

According to oral statements by the Italian authorities, the Italian laws Decreto Legge Nr. 527/92 of 30 December 1992 and Decreto Ministeriale Nr. 635/96 of 30 October 1996 do not permit the temporary importation of hunting weapons into Italy from another Member State, for example for them to be shown to potential customers.

To what extent does the Commission view this as non-compliance with the implementation of Directive 91/477/EEC(1) and as an obstacle to the free movement of goods?

(1) OJ L 256, 13.9.1991, p. 51.

Supplementary answergiven by Mr Bolkestein on behalf of the Commission

(15 November 2002)

Following the written question asked by the Honourable Member, the Commission asked the Italian authorities to clarify the regulatory context governing the application of Council Directive 91/477/EC of 18 June 1991 on control of the acquisition and possession of weapons(1) and their transfer to another Member State.

The Italian authorities explained to us that there was no obstacle to the temporary transfer of firearms into Italy for holders of the European firearms pass, essentially for the purposes of target shooting and hunting, providing also that the type of weapon used was authorised in Italy. Under this scenario, travellers can bring in a limited quantity of weapons under very specific circumstances and return with these to their country of origin. The Commission therefore considers that, in the case of marksmen and hunters, the Italian regulations comply with the Directive.

It appears, however, from the information that the Commission has received to date that if the context is different from that described in the previous paragraph, the Italian authorities make the transfer of firearms into Italy subject to prior authorisation. This authorisation is conditional, in particular, upon the intending importer from another Member State providing in advance an address for service at the place of destination of the weapons.

The Commission is examining whether this latter requirement is compatible with the provisions of Directive 91/477/EEC and with Articles 28 to 30 of the EC Treaty, and will probably have to seek further details from the Italian authorities.

(1) OJ L 256, 13.9.1991.
WRITTEN QUESTION E-3372/02

by Jonas Sjöstedt (GUE/NGL) to the Commission

(27 November 2002)

Subject: Environmental requirements and rules on the awarding of public contracts

The Commission has pointed out in a reasoned opinion that when Kalmar Länstrafik invited tenders for bus services in 2001, there was a breach of the rules governing the awarding of public contracts. Kalmar Länstrafik had also asked prospective tenderers to provide an environmental programme with their documentation and had set requirements in terms of the development of staff skills. According to newspaper reports, the Commission is questioning the criteria established by Kalmar Länstrafik on the grounds that they concern the characteristics of the bus companies as such and not just the service to be purchased.

The Court of Justice has ruled in case C-513/99, which concerns a contract awarded by the municipality of Helsinki for bus transport services, that a contracting authority may take environmental criteria into consideration.

Did the Commission take account of the judgment in case C-513/99 before the reasoned opinion was sent to Sweden?

Answer given by Mr Bolkestein on behalf of the Commission

(15 January 2003)

In the Commission's view environmental programs of tenderers may be used as criteria for selecting suitable tenderers on the condition that those programs have an impact on the capacity of a company (for example on its equipment and technicians) to execute a public contract with environmental requirements(1).

The reasoned opinion referred to in the written question addresses indeed the fact that the contracting entity in question has used environmental programmes at the award stage of a public procurement contract although, according to the case-law of the Court of Justice(2), they may only be used at the stage of the procedure where suitable candidates are selected.

The judgement of the Court of Justice of 17 September 2002 in the case C-513/99 (Stagecoach Finland), of which the Commission is well aware, has not changed the principle of the separation of selection and award criteria. The Court has consistently maintained that award criteria only aim at identifying the most economically advantageous tender and have therefore to be linked to the subject matter of the contract and not to the quality/features of the service provider as such. Indeed, in the above mentioned judgement the criteria of level of nitrogen oxide emissions and the noise level of buses, which were considered as legitimate award criteria, were related to characteristics of the vehicle fleet and not to the operator's capacities.

The judgement did therefore not affect the Commission's reasoning with regard to the Kalmar Länstrafik AB:s tendering procedure. Accordingly, the Commission decided to issue a reasoned opinion in the above mentioned case.

(1) The Commission has on 4.7.2001 adopted an interpretative communication on the possibilities for integrating environmental considerations into public procurement, which sets out how to buy according to Community law, OJ C 333, 28.11.2001.

(2) See the ECJ judgement of 20 September 1988 in the case C-31/87 (Beentjes).