ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union CE 84/810

(2004/C 84 E/0904)

WRITTEN QUESTION E-0564/04

by Caroline Jackson (PPE-DE) to the Commission

(26 February 2004)

Subject: Ship-to-ship oil transfers

Can the Commission indicate what European Union legislation, if any, exists with regard to the safety of ship-to-ship oil transfers in the coastal waters of the European Union?

Answer given by Mrs de Palacio on behalf of the Commission

(6 April 2004)

There is no Community legislation dealing expressly with ship-to-ship cargo transfers in waters under the jurisdiction of the Member States.

However, several EU maritime safety Directives and Regulations are relevant, as they provide for inspections of ships involved in this type of operation in ports and waters under the jurisdiction of Member States.

The following are particularly relevant:

— Directive 2001/106/EC (1) of the European Parliament and of the Council of 19 December 2001 amending Council Directive 95/21/EC (2) on port state control deals with this matter indirectly. It provides for priority inspections of ships considered to be at risk, including tankers likely to make ship-to-ship transfers;

— Regulation (EC) No 1726/2003 (3) of the European Parliament and of the Council of 22 July 2003 amending Regulation (EC) No 417/2002 (4). This Regulation prohibits the operation — and this includes fuel transfer — of single-hull oil tankers transporting heavy grades of oil in ports and anchorages in Member States.

(1) Directive 2001/106/EC of the European Parliament and of the Council of 19 December 2001 amending Council Directive 9 5/21/EC concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions, OJ L 19, 22.1.2002.

(2) OJ L 157, 7.7.1998.

(3) Regulation (EC) No 1726/2003 of the European Parliament and of the Council of 22 July 2003 amending Regulation (EC) No 417/2002 on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers, OJ L 249, 1.10.2003.

(4) OJ L 64, 7.3.2003.
EN Official Journal of the European Union CE 88/171

(2004/C 88 E/0179)

WRITTEN QUESTION E-0187/04

by Brice Hortefeux (PPE-DE) to the Commission

(29 January 2004)

Subject: Auditing of company accounts

In the light of the most recent scandal to date, which lifted the lid on a EUR 7 billion deficit covered up by Parmalat, the issue of auditing company accounts has returned to the table with particular force.

With tax havens, disguised financial losses, falsified documents and balance sheets, this case has all the ingredients that have characterised previous financial scandals. Even if it is still too early to draw any conclusions from this extremely complex affair, it is useful and necessary to begin examining the consequences it will have for European financial services policy.

Does the Commission intend, therefore, to look at strengthening the legal auditing of accounts by drawing up stricter measures for audit firms, making them responsible for all aspects of consolidated accounts?

Will the legal loophole created when two audit firms are each responsible for part of the accounts be tightened? If so, how will this take place?

Is a ban on auditors' being able to take part in any kind of management decision being considered?

Answer given by Mr Bolkestein on behalf of the Commission

(11 March 2004)

The Commission agrees that it is still too early to draw any final conclusions from the Parmalat corporate failure which is indeed very complex. However, the Commission had already proposed in its Communications of 21 May 2003 on Modernising Company Law and Enhancing Corporate Governance in the EU and on Reinforcing statutory audit in the EU, a number of measures which specifically deal with some of the problems identified in the Parmalat case. In response to this corporate failure, the Commission intends to accelerate some of the proposals contained in these action plans.

As far as statutory audit is concerned, the Commission intends to include a specific provision in its proposal for a modernised Directive which confirms the principle that the statutory auditor can in no way be involved in management decisions. A specific rule will also be introduced that the group auditor bears full responsibility for the audit report in relation with the consolidated accounts.
EN Official Journal of the European Union CE 84/765

(2004/C 84 E/0860)

WRITTEN QUESTION E-0181/04

by Charlotte Cederschiöld (PPE-DE) to the Commission

(29 January 2004)

Subject: Network and information security

In this time of ever-increasing threats to our information security, does the Commission see the value of an internationally recognised, independent method of evaluating and certifying the security of information communications technology (ICT) products? Does the Commission agree that the ‘Common Criteria’ provide such a method, and is it aware that the Common Criteria have been recognised by major countries in Europe, North America, and elsewhere, but that they have not yet been adopted by all Member States, and are not being considered by all Member States during the procurement of ICT products? Has the Commission considered how the European Network and Security Agency can promote further European uptake of the Common Criteria?
EN Official Journal of the European Union CE 84/626

(2004/C 84 E/0700)

WRITTEN QUESTION E-0552/04

by Proinsias De Rossa (PSE) to the Commission

(26 February 2004)

Subject: Right to collective action

What action has the Commission taken in response to paragraph 7(e) of the European Parliament's resolution (P5_TA(2003)0369) of 3 September 2003 on implementing the social policy agenda which urged the Commission to define at European level the right to take collective action, particularly the right to strike?
EN Official Journal of the European Union CE 84/379

(2004/C 84 E/0440)

WRITTEN QUESTION E-0368/04

by Proinsias De Rossa (PSE) to the Commission

(12 February 2004)

Subject: Irish Government charges and the Seveso II Directive

What has been the Irish Government's reply to the reasoned opinion announced on 18 July 2003 (IP/03/1048) regarding the Irish Government's decision to charge members of the public for expressing an opinion on developments concerning major industrial installations under the Seveso II Directive on the control of major industrial accidents involving dangerous substances (Council Directive 96/82/EC (1)).

What action is the Commission proposing to take in this matter?

(1) OJ L 10, 14.1.1997, p. 13.
EN Official Journal of the European Union CE 88/242

(2004/C 88 E/0245)

WRITTEN QUESTION E-0904/04

by Richard Corbett (PSE) to the Commission

(24 March 2004)

Subject: Mercedes-Benz car warranties

Is the Commission aware that Mercedes-Benz offer a manufacturing warranty of three years to all cars purchased in the United Kingdom, but only offer a two-year manufacturing warranty to cars purchased in the rest of Continental Europe?

As this situation may be seen to discourage UK citizens from purchasing Mercedes-Benz cars in other EU Member States, does the Commission view this as a barrier to free trade throughout the EU?

Answer given by Mr Monti on behalf of the Commission

(22 April 2004)

In relation to the first question put by the Honourable Member, the Commission is aware that some makes, including Mercedes, offer a three-year warranty in the United Kingdom and only two years in other Member States.

The Commission considers that the duration of the Mercedes cars warranty depends entirely on the European marketing policy of Daimler Chrysler. Provided this warranty fulfils the requirements of the Commission Regulation (EC) No 1400/2002 (1) concerning the car sector (e.g., the possibility left to the consumer to have his/her warranty honoured by any member of the car manufacturers' repair network within the European Union), the Commission does not view a longer duration as a restrictive competition practice which would prevent free trade across Europe.

A longer warranty is indeed a good commercial incentive like commercial discounts can be, but it certainly does not deprive the consumer of the ability to buy a car outside the United Kingdom if he/she thinks that he/she can make a better deal when buying abroad.

(1) Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor vehicle sector, OJ L 203, 1.8.2002.
EN Official Journal of the European Union CE 84/529

(2004/C 84 E/0604)

WRITTEN QUESTION E-0048/04

by Camilo Nogueira Román (Verts/ALE) to the Commission

(20 January 2004)

Subject: Location of the European fisheries monitoring agency in Galicia

At the most recent Council meeting held in Brussels under the Italian presidency in the context of the decisions on the location of various agencies, it was agreed to create a European fisheries monitoring agency to be located in the Spanish state.

Has it already been agreed to locate this agency in Vigo, as has been suggested in Galician government and media circles?

Given that, according to some reports, the agency will not begin operations until 2005, what are the current forecasts?

Answer given by Mr Fischler on behalf of the Commission

(18 February 2004)

We welcome the decision of the Member States' representatives, when they met at Head of State and Government level at Brussels on 13 December, that a European Fisheries Control Agency will be set up and located in Spain.

It appears that the Spanish Government wishes the agency to be located at Vigo in Galicia but we have no official confirmation of this choice.

In March we shall be sending the Council and Parliament a proposal for a Regulation establishing the Agency.
1.

The prevalence of Parkinson's disease rises from 0,6 % at age 65 to 3,5 % at age 85 and above, with no great difference between men and women. It is one of the most common neuro-degenerative diseases of the elderly. The differences between countries do not seem to be significant (data available for Spain, France, Italy and the Netherlands, 1997) (Source: Public health in the EU, Sanco C, 2003). There is no convincing evidence of differences in rates of prevalence in the countries of Europe. Estimates suggest that approximately 400 000 men and 540 000 women of 65 and above living in the EU have Parkinson's disease. However, a substantial proportion of patients with Parkinson's disease remains undetected among the general population. The Commission funded a study in 1998 on hospital discharges in certain EU countries for Alzheimer's and other neuro-degenerative diseases (including Parkinson's), but covering different periods. The results show the degree of hospitalisation for Parkinson's disease to be very low. Parkinson's disease represents a serious health situation, as indeed do all the other disabling diseases associated with the ageing of the population. Moreover, ‘health and ageing’ is actually one of the priority themes in the Community Public Health Programme work plan 2004, strand 1, Health Information.
EN Official Journal of the European Union CE 84/548

(2004/C 84 E/0625)

WRITTEN QUESTION E-0204/04

by Christopher Huhne (ELDR) to the Commission

(29 January 2004)

Subject: Financial reporting

What benefits does the Commission see for Parmalat shareholders and debtholders in the fact that the company was reporting on a quarterly basis?

Answer given by Mr Bolkestein on behalf of the Commission

(15 March 2004)

It is not the Commission's policy to comment on cases that are sub judice.

On a general level, and without referring specifically to the Parmalat case, the Commission believes that there is a greater likelihood of accounting fraud being detected quickly when companies are required to present reports or financial statements four times a year rather than just once a year. A shareholder is likely to have swifter access to information about any cash-flow problems when reports or financial statements are quarterly rather than annual, provided that the information distributed is not erroneous or misleading. Fuller information does not make fraud impossible but does enable it to be detected more easily.

Finally, from a statistical point of view, no firm conclusions or correlations can be drawn from a single isolated investigation.
EN Official Journal of the European Union CE 88/286

(2004/C 88 E/0293)

WRITTEN QUESTION P-1202/04

by Françoise Grossetête (PPE-DE) to the Commission

(14 April 2004)

Subject: Definitions of waste and waste management and treatment methods

Definitions of waste and waste management and treatment methods are interpreted differently by Member States and the persistence of these differences is an obstacle to satisfactory legal certainty and effective management of waste in Europe.

How and on the basis of what timetable does the European Commission envisage undertaking a radical reform of waste policy, and in particular simplifying the definition of waste and waste management and treatment methods?

Answer given by Mrs Wallström on behalf of the Commission

(30 April 2004)

The Commission is currently looking at waste policy in the context of the Thematic Strategy on the prevention and recycling of waste. The Strategy will be adopted in spring 2005.

In relation to the definition of waste, in the Communication towards the Thematic Strategy on the prevention and recycling of waste (1), the Commission flagged up the possibility of amending the definition of waste if there was a clear added value in doing this and a high level of protection of the environment was maintained. From the stakeholder consultation on the Communication, it would appear that there is little demand for such a fundamental revision, but that it may be useful to clarify some aspects of the definition of waste, and notably when waste ceases to be waste. The Commission is reflecting on how to handle this issue.

As for the different modes of waste treatment and management, these differences can reflect the different geographic, social and economic conditions that apply across the EU. It is important that a high and harmonised level of environmental protection is set for the different waste management operations, but the choice of waste treatment operation needs to retain flexibility to allow for local circumstances. The Communication towards the Thematic Strategy on the prevention and recycling of waste notes the absence of a level playing field for recycling facilities, and the Thematic Strategy will look at options for remedying this.

(1) COM(2003) 301 final.
EN Official Journal of the European Union CE 84/658

(2004/C 84 E/0742)

WRITTEN QUESTION P-0702/04

by Daniel Varela Suanzes-Carpegna (PPE-DE) to the Commission

(4 March 2004)

Subject: Greenland halibut recovery: extraordinary measures to be adopted by the Commission

In its reply of 27 November to my question P-3264/03 (1), the Commission said that a working party was being set up within the Directorate-General on Fisheries to study all the implications of the decisions adopted at the annual NAFO meeting in 2003 for the Community fleet.

On 19 January, the Director-General answered my question in the Fisheries Commission concerning Mr McGuire's new scientific reports — which contradicted previous NAFO reports — by saying that the Commission would study them. Fresh meetings with the scientists have recently been held in Madrid.

What is the current state of affairs with regard to this issue?

Is the Commission going to take the new reports into account at the June and September 2004 NAFO meetings, so as better to defend the EU's fishing interests?

What concrete plans does the Commission have, and what measures does it intend to take to help the fleet affected by the NAFO decisions of 2003 on Greenland halibut?

Answer given by Mr Fischler on behalf of the Commission

(30 March 2004)

The Commission has studied the McGuire report and participated in a meeting arranged by the Spanish authorities. Following a thorough examination in consultation with all Community representatives of the NAFO Scientific Council, the Commission does not consider that the report adds any new elements and, therefore, remains confident in the work performed by the Scientific Council of NAFO in June 2003. The Commission is of the view that the most appropriate forum to debate this report would be the NAFO Scientific Council meeting in June 2004.

Amendments to the FIFG Regulation (2) are currently under discussion in the Council, intended to alleviate the burden on fishermen following the adoption of recovery plans, including socio-economic measures for fishermen. The Commission is examining these favourably.

Alternative fishing opportunities have also been made available to the Community NAFO fleet through quota transfers in Greenland and Faroese Waters.

(1) OJ C 70 E, 20.3.2004, p. 248.

(2) Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector, OJ L 337, 30.12.1999.
1. and 2.

According to the Commission's information, in the year 2002, 250 tonnes of beef have been imported from the United States and 350 tonnes from Canada. Most of the beef of these countries is produced with the help of growth promoting hormones and can, therefore, not be imported to the Community. Import from the United States is, however, allowed according to the Non Hormone Treated Cattle (NHTC) Programme. Under this programme cattle from specifically approved farms/feedlots are delivered to the slaughterhouse with an affidavit from the grower attesting that the animals have not been treated with growth promoting hormones. Animals or meat are segregated at the abattoir and handled in a way that ensures that they are not comingled with other cattle or beef. Moreover, tissue samples are collected at slaughter and analyzed in an agreed laboratory before the United States Government provides export certification for this product. Against this background and despite the 11 500 tonnes preferential import quota of high quality beef granted to United States and Canada under the World Trade Organisation (WTO) schedule, the Commission does not expect imports of beef from those two countries to rise sharply in the future. But clearly, this also depends on currency factors and other commercial considerations, which are prone to change.
EN Official Journal of the European Union CE 84/316

(2004/C 84 E/0364)

WRITTEN QUESTION E-0141/04

by Cristiana Muscardini (UEN) to the Commission

(26 January 2004)

Subject: Child labour

Despite the existence in all the Member States of specific and solicitous laws on the protection of children's rights, the scourge of child labour has not been totally eradicated. Quite the contrary, in many cases criminals have taken a hold on this area, creating a veritable world market which very often uses cheap child workers who are immigrants, and therefore more easily exploitable.

Furthermore, it seems that industries such as the film, audio-visual and fashion industries, which have a certain allure, are using increasingly sophisticated techniques to attract child workers, and so use teenagers of school age who under the legislation in force would not be permitted to work in other sectors. Unfortunately — and this is the most repugnant aspect of this phenomenon — it has been proved that some of the agencies concerned are a cover for operations linked to drugs, prostitution and paedophilia.

Can the Commission therefore indicate:

1. whether an enquiry has been conducted to verify the true scale in Europe of this phenomenon which, even in the best-case scenarios where there is no violence, can clearly be seen to profoundly effect teenagers' development by depriving them of some of their basic rights;

2. what initiatives it will take to identify new methods of combating child labour, with particular reference to industries such as the fashion, film and audio-visual industries, which call for regulation of a type that lays down transparency criteria for the granting of licences to agencies and limits children's activities to tasks corresponding to their age.

Answer given by Mrs Wallström on behalf of the Commission

(8 March 2004)

Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work (1) prohibits work by children under 15 years or who are still subject to compulsory schooling. It obliges Member States to ensure that young people under 18 years are protected against economic exploitation and against any work likely to harm their safety, health or physical, mental, moral or social development or to jeopardize their education.

Member States may authorize employment of children for the purposes of performance in cultural, artistic, sports, or advertising activities on condition that the activities are not likely to be harmful to the safety, health or development of children, and are not such as to be harmful to their attendance at school, their participation in vocational guidance or training programmes or their capacity to benefit from the instruction received.

The Directive has been transposed in all Member States. Even though the legislative measures may be satisfactory, there are indications that the monitoring is not always sufficient. The Commission therefore envisages an exchange of best practices regarding monitoring young workers.

(1) OJ L 216, 20.8.1994.
Directive 2002/22/EC (Universal Service Directive) mandates mobile number portability in its Article 30. This Directive has been applicable since 25 July 2003.

As of 1 March 2004, mobile number portability has been implemented in all Member States except Austria.

As far as Accession Countries are concerned, information available to the Commission shows that mobile number portability is included in the draft national legislations transposing the Community framework on electronic communications. In practice however, it will be available some time after the accession date on 1 May 2004, except in Lithuania and Hungary, where it should already be implemented.