ddrg/super_eurlex huggingface dataset:
WRITTEN QUESTION E-1123/98

by Marjo Matikainen-Kallström (PPE) to the Commission

(8 April 1998)

Subject: Study of possible use of long buses within the Union

The transport Directive (96/53/EC)(1) harmonizing the maximum authorized dimensions and weights permitted in international road transport lays down that buses shall not exceed 12 metres in length. Some Member States, such as Finland, have been granted derogations from this provision.

The possibility of using buses longer than 12 metres throughout EU territory was also debated. During consideration of the transport Directive in 1996, a recommendation that the Commission should study the possibilities of using 15 metre buses within the Union was entered as statement 4 in the Council minutes.

What action has the Commission taken in response to the Council's statement to clarify the possibilities of using long buses within the Union?

Answer given by Mr Kinnock on behalf of the Commission

(29 May 1998)

Council Directive 96/53/EC of 25 July 1996 which lays down the maximum authorized dimensions in national and international traffic and the maximum authorized weights in international traffic(2) for certain road vehicles circulating within the Community does not in fact limit the length of rigid buses used in international transport to a maximum of 12 metres. The Directive guarantees that rigid buses of up to 12 metres length have the right to circulate freely throughout the Community. Rigid buses over 12 metres in length may circulate, but are subject to national legislation on the maximum permitted length.

The primary purpose of the Commission's legislative proposal which became Directive 96/53/EC was to harmonise all maximum vehicle weights and dimensions throughout the Community. The maximum length of rigid buses was one topic on which there was, however, no consensus, and no majority support for a 15 metres limit. Under these circumstances, the Commission gave a commitment to the Council to make a report on the issue.

The Honourable Member will be pleased to know that the Commission's report on 15 metres buses is expected to be adopted in the near future and will then be sent to the Council and the Parliament for their consideration.

(1) OJ L 235, 17.9.1996, p. 59.

(2) OJ L 235, 17.9.1996, p. 59.
WRITTEN QUESTION E-2057/98

by Felipe Camisón Asensio (PPE) to the Council

(6 July 1998)

Subject: Europass training certificate

When and how will European vocational training student be granted access to the above programme? Will it have advantages and facilities similar to those of the Erasmus programme?

Reply

(22 October 1998)

The promotion of European pathways in work-linked training, including apprenticeship, is not a Community programme. It involves a document certifying at Community level that a person has completed training periods in another Member State. The use of the Europass Training certificate is intended to ensure a higher profile for the skills and experience acquired during a training period abroad. Thus it differs considerably in approach from the Erasmus programme, which itself has been replaced by the Socrates programme and is concerned with university exchanges.

At its sitting on 16 July 1998 the European Parliament acknowledged receipt of a Council common position on the proposal for a Council Decision on the promotion of European pathways in work-linked training, including apprenticeship. The President of the European Parliament requested a one-month extension of the period available to the Parliament to deliver its Opinion.

The Council will return to the matter once the European Parliament has delivered its Opinion. It might be able to reach a political agreement on the text at its meeting on Labour and Social Affairs on 2 December 1998.

Once adopted, the Decision will take effect on 1 January 2000.
WRITTEN QUESTION E-3259/98

by Francisco Sanz Fernández (PSE) to the Commission

(28 October 1998)

Subject: Culture and external cooperation

Can the Commission supply details of the number, type and value of the aid operations it conducted in the cultural, educational and training fields under the cooperation agreements with the countries of the Mediterranean area and the countries of Latin America during the period 1994-1998?

Answer given by Mr Marín on behalf of the Commission

(24 November 1998)

The Commission is sending the information requested direct to the Honourable Member and to Parliament's Secretariat.
WRITTEN QUESTION E-2076/98

by Roberta Angelilli (NI) to the Commission

(7 July 1998)

Subject: Noise pollution in the Via Val d'Ala in Rome

Railway traffic frequently passes close by the Via Val d'Ala in Rome (traffic on the Rome-Orte section and the local train to Fiumicino) causing a high level of noise pollution in a densely populated area.

About a year ago local residents presented the authorities with a petition calling for measures to protect their quality of life as a result of which the local police carried out an on-the-spot investigation to check the level of noise pollution.

Will the Commission say whether:

1. it considers that this situation contravenes Directive 85/337/EEC(1) on environmental impact assessment?

2. it agrees that the Italian authorities should be asked to have the necessary anti-noise barriers installed?

3. it will state its general position on the matter?

Answer given by Mrs Bjerregaard on behalf of the Commission

(15 September 1998)

1. Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment(2) applies to the classes of project set out in Annexes I and II thereto (including lines for long-distance railway traffic) before they are carried out or, in certain circumstances, before they are altered. It does not apply to existing infrastructure.

2. This is a matter for the Member State concerned.

3. The Commission published a Green Paper on noise policy in 1997(3). Having received reactions to the Green Paper, it is now preparing a proposal for a framework directive on environmental noise. Specific expert groups will prepare position papers and report to the Commission.

(1) OJ L 175, 5.7.1985, p. 40.

(2) OJ L 175, 5.7.1985, p. 40.

(3) COM(96) 540 final.
WRITTEN QUESTION E-2350/98

by James Moorhouse (ELDR) to the Council

(28 July 1998)

Subject: Relations with China

During his trip to China, President Clinton publicly described the bloodshed in Tiananmen Square as "wrong" and spoke in favour of human rights.

Does the Council envisage following his example in its official contacts with the Chinese authorities?

Reply

(9 November 1998)

The European Union's position on the bloodshed in Tiananmen Square in June 1989 is well-known. Like the United States, the Union is now trying to engage China further, through an upgraded political dialogue, in the international community, and promoting China's transition to an open society based upon the rule of law and respect for human rights.

The human rights situation in China is an issue of constant concern for the Union. All EU Member States share a common objective in wanting to achieve tangible improvement in the human rights situation in China.

Human rights are constantly on the agenda in the political contacts at all levels between the Union, its individual Member States and China.

In autumn 1997 the European Union resumed the dialogue on human rights with China at experts level. A meeting in October 1997 in Luxembourg and one in December 1997 in Beijing were followed by rounds of talks, firstly in Beijing at the end of February 1998 (in the margins of a joint legal seminar on the protection of human rights and the administration of justice) and then in London in May 1998. The next round is scheduled to take place in Beijing at the end of October 1998, following a joint legal seminar on the death penalty and conditions of detention and on the issue of minorities. This will be immediately followed by a one-week seminar on the fundamental rights of women. The dialogue on human rights is being supplemented by specific cooperation programmes to implement human rights related projects agreed between the Union and the Chinese authorities.

Before the start of this year's session of the Commission on Human Rights (CHR) the Council will evaluate the human rights situation in China as well as the ongoing EU-China dialogue on human rights and the human rights cooperation programme it agreed with China with a view to arriving at a joint EU position at the CHR.
WRITTEN QUESTION E-2658/98

by Ernesto Caccavale (UPE) to the Commission

(1 September 1998)

Subject: Infringement of rules on public service contracts by the firm Multiservizi of Catania

At the suggestion of the municipal executive, the city council of Catania decided in 1997 to set up a semi-public company called Multiservizi S.p.A to be responsible for cleaning, caretaking and security services, without issuing a call to tender to offer an equal opportunity to all firms which might be suitable to carry out such work. This operation, which was supposed to provide new jobs, has actually led to a significant reduction in the number of people employed and an increase in the overall cost of the service. Multiservizi S.p.A. has not complied with the clauses designed to protect workers - which were in the past imposed on the winning firms when calls to tender were issued - providing for the direct transfer of employees, and has instead meant that workers have had to resign from the firms which supplied the services previously, in the hope that they would be reemployed.

1. Can the Commission therefore say: if it does not consider it necessary and appropriate to ascertain the regularity of the procedure followed by the city council in assigning this contract; and

2. whether it does not consider that there are sufficient reasons for suspecting that there has been an infringement not only of Community legislation on free competition, but also of Directive 92/50/EEC(1) relating to the coordination of procedures for the award of public service contracts, which obliges contracting authorities to adhere to criteria of economic advantageousness, transparency and publicity?

Answer given by Mr Monti on behalf of the Commission

(23 September 1998)

The Commission will contact the Italian authorities in order to ascertain the necessary points of law and of fact so that it can check whether the contracting-out by the municipality of Catania of cleaning, caretaking and security services to the company Multiservizi S.p.A. was done in compliance with the Community public procurement rules.

(1) OJ L 209, 24.7.1992, p. 1.
WRITTEN QUESTION E-1930/98

by Roberta Angelilli (NI) to the Commission

(18 June 1998)

Subject: High-speed train line upgrading work

With reference to my previous Questions E-0508/97(1) and E-2352/97(2), and especially in the light of the first reply from Mrs Bjierregaard announcing measures aimed at ensuring compliance with the relevant Community legislation, it should be pointed out that, to date, no substantial changes have been made to the work planned for the Rome-Naples high-speed train link, the nearby inhabitants have not been involved as required by Directive 85/337/EEC(3) and no environmental impact assessment has been carried out. Furthermore, the work connected with, and the construction of, the high-speed train line in the Rome area, especially in the "La Rustica" and "Casal Bertone" districts, will be a source of considerable nuisance that will include noise pollution, pollution from emissions of dust and chemical substances, and prolonged high levels of vibration as a result of the extreme proximity of the high-speed train line to houses. All these phenomena will damage the quality of life in the district, perhaps irreversibly, and the accompanying measures aimed at offsetting the effects of the project are likely to be inadequate, resulting in traffic congestion. In addition, it appears that in many cases the necessary demolition work has not taken the required safety and anti-pollution measures into account.

In view of the above, can the Commission say:

1. whether, in the meantime, further approaches have been made to the Italian authorities to request compliance with Community legislation?

2. whether it considers it appropriate to take further steps aimed at requesting substantial changes to the plans for a high-speed train line in the areas referred to?

3. whether the Lit 700 billion loan from the EIB granted for the section of the high-speed line at issue should not be made subject to full compliance with Community legislation.

4. what its overall views on this matter are?

Answer given by Mrs Bjerregaard on behalf of the Commission

(3 September 1998)

The Commission would refer the Honourable Member to its answer to her Written Question No 578/98(4).

The circumstances reported by the Honourable Member add no element of legal relevance in respect to the application of Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment.

Upon appraisal of the Rome-Naples high speed train link project, the European investment bank (EIB) applied its current environmental standards set out in its environmental policy statement. In line with these, the project is in compliance with all national as well as relevant Community directives.

(1) OJ C 391, 23.12.1997, p. 15.

(2) OJ C 187, 16.6.1998, p. 1.

(3) OJ L 175, 5.7.1985, p. 40.

(4) OJ C 386, 11.12.1998, p. 26.
WRITTEN QUESTION E-2431/98

by Françoise Grossetête (PPE) to the Commission

(30 July 1998)

Subject: Interpretation of Article 4 of the Sixth VAT Directive

Some companies operate long-term vehicle rentals on the basis of so-called "open-book" contracts, the purpose of which is to give the hirer a share in the financial outcome of the rental, arrived at on the basis of the real running costs of vehicles, the duration of their use and the profit from the transaction.

In the event of the rented vehicle being stolen or damaged, the contract provides for the vehicle involved to be professionally valued, on the understanding that the rental firm will be compensated by the insurance company solely on the basis of the value thus determined; the rental firm will then charge the hirer any difference between the indemnity value arrived at by expert appraisal and the net book value of the vehicle as it appears in the rental company's accounts.

On the other hand, in the event of accident or loss the rental firm does not receive damages for termination of contract equivalent to the discounted value of future rental payments which would have been received if the contract had taken its normal course.

Would the Commission confirm that the indemnity thus paid to the rental firm, equivalent to the professionally appraised value of the stolen or damaged vehicle, does not fall within the scope of VAT as defined in Article 4 of the 6th Directive.

Would the Commission also confirm, in the light of Article 11 A I of the 6th Directive, that compensation received in this way has no direct link with the rental contract concluded and cannot be interpreted as a price supplement intended to balance financially the transactions between the contracting parties, and that the compensation in question does not therefore attract VAT.

Answer given by Mr Monti on behalf of the Commission

(5 October 1998)

The Commission agrees that indemnities paid out by insurance companies following the realisation of the risk insured by them cannot be regarded as the consideration of a supply of services and therefore do not fall within the scope of VAT.

As to the treatment of the amount charged to the hirer if the indemnity paid out by the insurance company to the rental company is lower than the net book value in the rental company's accounts, it is clear that this charge is not paid for the consideration of a service supplied by the rental company. The payment by the hirer is based on an external fact (the fact that the car is stolen, damaged, lost or subject to an accident) not related to the taxable transaction of hiring out of the car. Therefore the payment of an indemnity by the hirer to the rental company cannot be regarded as the consideration of a supply of services and does not fall within the scope of VAT.
WRITTEN QUESTION E-2228/98

by Kirsi Piha (PPE) to the Commission

(16 July 1998)

Subject: Freezing of budget appropriations for grants

The Court of Justice of the European Communities has frozen the Commission's social aid funds on the grounds that there is no legal basis for them, because the aid programmes concerned were not endorsed by the Council. Yet these programmes are significant from the point of view of a people's Europe.

How many projects, and which ones, will now be deprived of assistance, and for which will it be possible to secure the Council's endorsement?

Answer given by Mr Liikanen on behalf of the Commission

(17 September 1998)

Following the interinstitutional agreement on legal bases and implementation of the budget and the ad hoc agreement for 1998 reached on 17 July 1998 the Commission has authorised on 29 July the resumption of the line B3-4109 Measures for combating violence against children, adolescents and women.

The Council and the Commission have also jointly stated that, regarding the fight against social exclusion, the Council considers that the Treaty of Amsterdam, once ratified, will provide the means of establishing the requisite legal bases. The Commission will consider how redirecting the measures covered by the budget lines B3-4101 Co-operation with charitable associations, B3-4102 Preparatory actions to encourage co-operation between Member States to combat social exclusion, and B3-4116 Co-operation with non-governmental organisations and associations formed by the socially excluded and the elderly, would enable them to be regarded as preparatory to new Community action.

Moreover, the Commission has already decided on 14 July 1998 to deblock the lines B3-4106 Disabled persons, B3-4113 Integration of refugees, B3-4114 Fight against racism, xenophobia and anti-Semitism.

For the line B3-4304 Health and well-being the Commission is awaiting the adoption of the legal base. The only lines in the field of social aid for which there is not yet a solution, are the lines B3-4108 Measures in favour of the family and children and B3-440 Combating drugs.
WRITTEN QUESTION E-2137/98

by Freddy Blak (PSE) to the Commission

(10 July 1998)

Subject: Restructuring of the social dialogue

1. The Commission wants to abolish the social dialogue joint committees in the post and telecommunications sector. In which areas does it think the joint committees did not function satisfactorily?

2. What reason is there to think that the new structures will function better than the joint committees?

3. How will the Commission ensure that the new structures will continue to benefit from the excellent cooperation that characterized the joint committees?

4. I have the impression that the organizations involved are broadly opposed to this decision. What is the Commission's attitude?
WRITTEN QUESTION E-1302/98

by Francesco Baldarelli (PSE) to the Commission

(29 April 1998)

Subject: Discontinuation of Alitalia's direct flights to Santiago, Chile

The Italian community in Chile has informed us that the Italian national airline will discontinue the weekly direct flight to Santiago, Chile, as of 31 March this year. Alitalia flights will therefore only go as far as Buenos Aires and the onward flight to Santiago will be operated by L.A.N. Chile, in accordance with an agreement between the two airlines.

This news is disturbing and worrying the Italian community, since the decision comes less than a year before the beginning of the 2000 Jubilee, which will attract millions of tourists and pilgrims from all over the world to Italy, including many members of the Italian community in South America.

If this decision is final, it means that Chile will be the only country in South America without a direct air link with Italy. This would jeopardize Italy's image and credibility in Chile and would mark a reversal of the trend recently initiated by the interest shown by the Italian Government (two recent official visits - the first in July 1997, by the Deputy Prime Minister Walter Veltroni and the second a few days ago by the Prime Minister Romano Prodi), and Italian businessmen, increasing numbers of whom are operating in Chile.

In view of all this, can the Commission say what steps it intends to take to satisfy the legitimate requests of the Italian community in Chile, who would be severely penalized by the sudden and unexpected decision to discontinue direct flights to that country at the precise moment when contacts between the two countries are being intensified?

Answer given by Mr Kinnock on behaf of the Commission

(10 June 1998)

The Commission understands that the decision taken by Alitalia has been taken on purely commercial grounds. It has no power to intervene in this or comparable situations when companies decide to cease scheduled operations. All representations should therefore be made to the airline concerned.
WRITTEN QUESTION E-2232/98

by Johanna Maij-Weggen (PPE) to the Commission

(16 July 1998)

Subject: Nigeria

Is the Commission aware of the recent arrest of Isaac Osuoka (an activist with Environmental Rights Action) on 26 May 1998? He was arrested on the way to a conference of the African Forest Action Network; at the time of his arrest, leaflets intended for the conference were found in the car which referred to the human rights violations in the Niger Delta. The next day his lawyer was likewise arrested when he went to visit him! Does the Commission realize that this is just one among many arrests of human rights activists, journalists and opposition leaders in Nigeria?

How many political prisoners are there in Nigerian prisons? What steps will the Commission take to secure the release of Isaac Osuoka and other activists?

General Abacha has died and General Abdulsalam Abubakar has succeeded him by undemocratic means. Will the Commission take measures (e.g. of a diplomatic nature) against this new military government, as democracy, freedom and the rule of law still do not prevail in Nigeria? Does the new general intend to release Moshood Abiola and hold free elections?

Answer given by Mr Pinheiro on behalf of the Commission

(16 September 1998)

According to unconfirmed information, Mr. Osuoka was arrested but has subsequently been released.

It is difficult to assess the total number of political prisoners in Nigeria. The Nigerian authorities have recently released a significant number of political prisoners, but it is clear that many still remain in prison.

Regarding international action to press for return to democracy and civilian rule and full respect of human rights, the Commission acts together with the Council in the framework of the common foreign and security policy. The Union has repeatedly called for democracy and civilian rule to be restored and the release of all political prisoners. The Union adopted in 1995 common positions including sanctions against Nigeria on the grounds of serious human rights violations. These sanctions have been prolonged until 1 November 1998.

The Commission has welcomed the recent release of political prisoners and the declarations by the new head of state General Abubakar that the objective is to restore civilian rule and democracy. The Commission and the Member States want to encourage Nigeria to pursue this policy and to take further concrete measures, such as the release of all political prisoners and the holding of free and fair elections. The future Union policy vis-à-vis Nigeria will be assessed in this perspective.

The Union had repeatedly called for the immediate release of Chief Moshood Abiola. He died tragically when he was supposed to be released.