ddrg/super_eurlex huggingface dataset:
WRITTEN QUESTION E-0333/96 by Susan Waddington (PSE) to the Commission (22 February 1996)

Subject: Immigration

The UK Immigration Act apparently discriminates against women British Overseas citizens, as it does not accept that women can be defined as a head of household.

In view of the provisions of Title VI of the Treaty on European Union, particularly Article K.2.1 which states that

'The matters referred to in Article K.1 shall be dealt with in compliance with the European Convention for the Protection of Human Rights and Fundamental Freedoms'

and given that immigration policy is included in the areas set out under Article K.1 of the TEU, what is the Commission's opinion of the view that the UK Immigration Act may be in breach of Treaty requirements?

Answer given by Mrs Gradin on behalf of the Commission (16 April 1996)

According to the information available to the Commission, the immigration of British overseas citizens into the United Kingdom is subject to the special voucher scheme which was first introduced in 1968 at the same time as the introduction of the Commonwealth immigration act. This scheme is an administrative measure which concerns annual quotas for British nationals without the right of abode. It does indeed appear to limit the number of cases in which women can be defined as heads of household. For instance, it seems that women cannot be defined as heads of household if their living husbands are not British overseas citizens, which in turn affects their eligibility to apply for entry into the United Kingdom.

Although Article K.1 of the Treaty on European Union states that immigration is a matter of common interest for Member States, the rules to which the Honourable Member refers have not been introduced pursuant to decisions taken by the Council, but are purely national provisions.
WRITTEN QUESTION E-0478/96 by José Apolinário (PSE) to the Commission (1 March 1996)

Subject: Consultancy services performed for the Commission

The answer given by Mr Liikanen to Written Question E-2442/95, by Mr Crampton, in Official Journal C 9, 15.1.1996, states what consultancy contracts were awarded by the Commission in 1993, 1994, and 1995 and how they were broken down among the various Directorates-General.

Can the Commission also say how the studies concerned broke down among the Member States, giving a separate indication of cases involving collaboration with partners based in Member States?

Answer given by Mr Liikanen on behalf of the Commission (25 March 1996)

When it awards consultants' contracts, the Commission takes no account of the nationality of tenderers but bases its decisions solely on objective criteria (Article 62 of the Financial Regulation).

The Commission is consequently unable to provide the Honourable Member with a breakdown by Member State of the studies in question, since the above rule renders the keeping of such statistics superfluous.
WRITTEN QUESTION E-0828/96 by José Apolinário (PSE) to the Commission (12 April 1996)

Subject: Discrimination against local stations radio in the Commission's information campaigns

The Commission recently conducted an information campaign for consumers, which on the whole was extremely well received and in Portugal was widely broadcast on national radio stations.

Given the role of local radio in Portugal, which is one of the most important sectors of the media in the country, what reasons lie behind the Commission's discrimination against local radio stations?

Answer given by Mrs Bonino on behalf of the Commission (26 April 1996)

The 1995 radio campaign on consumer rights was conducted in the context of an open procedure. The Commission published an invitation to tender ((OJ No C 359, 16.12.1994. )) and communication firms submitted their bids in reply. None concerned the involvement of local radios in Portugal.

The definitive publicity plan was drawn up with an eye to ensuring the widest possible coverage compatible with the campaign's budget. Therefore it was not possible to include in the operation all the media which could have contributed to the success of this initiative. At any rate, there was no discriminatory intent in deciding on how to broadcast the messages in Portugal.
WRITTEN QUESTION E-0528/96 by Richard Howitt (PSE) to the Commission (11 March 1996)

Subject: HELIOS programme

Does the Commission agree that devolving responsibility for the provision of accessible public transport for disabled people to local and regional authorities cannot be successful where such authorities have restricted access to finance or where transport operations have been privatized?

Therefore, in its proposed bus and coach directive, will the Commission set a date when all new passenger vehicles in Europe must be fully accessible to all disabled people, and a final date when all public transport operated is fully accessible in this regard?

Answer given by Mr Bangemann on behalf of the Commission (11 April 1996)

The Commission is currently preparing a proposal for a directive on the technical prescriptions for buses and coaches aimed at harmonising at a high level of safety the essential construction characteristics of these vehicles to ensure their free circulation. In drawing up its proposals, the Commission has been fully aware that certain technical prescriptions (for example step height) will have a direct bearing on vehicle accessibility for all, including the disabled and those of reduced mobility.

Discussions in the Commission are continuing with a view to ensuring that the provisions of the directive allow for the greatest degree of accessibility of new buses and coaches consistent with the technical characteristics and use requirements of these vehicles.

The organisation of procurement of public service vehicles falls within the competence of the Member States, it being understood that the provisions of Directive 93/38/EC ((OJ L 199, 9.8.1993. )) must be respected.
WRITTEN QUESTION E-0493/96 by Undine-Uta Bloch von Blottnitz (V) to the Commission (1 March 1996)

Subject: Air transport of nuclear fuels in Germany

In its answer to my Question E-2918/95 ((OJ C 112, 17.4.1996, p. 8. )) on air transport of nuclear fuels the Commission included a table listing such shipments in the Union. Unfortunately, no details were given on these shipments.

What was the precise nature and quantity of nuclear material shipped by air, from where and to where, in France and Germany?

Answer given by Mr Papoutsis on behalf of the Commission (19 April 1996)

Any transport of radioactive material is subject to the conclusion of a commercial contract covered by commercial confidentiality. The information requested by the Honourable Member falls within this category. Nevertheless, as for the previous answer relating to the Honourable Member's Written Question E-2918/95 ((OJ N° C 112, 17.4.1996. )), the Commission will try to provide as much aggregated information as feasible.

The following main conclusions can be drawn from the data gathered from the Member States on air transport of radioactive material in the Community:

- air shipments of radioactive material deal mainly with short-lived radioactive material needing urgent delivery for medical purposes

- air shipments of samples to control the different practices in the fuel cycle give rise to much transport

- air shipments related to the fuel cycle (domestic, between Member States, from and to third countries) are mainly shipments of fresh fuel

- the fresh fuel is low-enriched uranium or mixed oxide fuel of uranium and plutonium (MOX) in the chemical form of UO2 or Pu02 and in the physical form of powder, pellets or rods. Very little fresh fuel is shipped as assembled fuel elements

- the air shipments related to research purposes are very limited.

Because of its nature, air shipment remains limited and reserved to deliveries appropriate for this mode of transport. The transport operators select the means of transport in full compliance with the requirements of the applicable regulations.

Transport by air is a practice carried out worldwide and is regulated by the 1993-1994 edition of the technical instructions of the International civil aviation organisation (ICAO) for the safe transport of dangerous goods, in which class 7 deals with radioactive material.
WRITTEN QUESTION E-0843/96 by Concepció Ferrer (PPE) to the Commission (12 April 1996)

Subject: Action to combat xenophobia

In view of the announcement by the Commission of initiatives relating to the temporary protection arrangements for refugees, asylum, immigration and urban delinquency and, in particular, its obvious determination to launch concerted action against racism and xenophobia;

Having regard to the simultaneous efforts in this field by the Council of Europe by means of its draft protocol on the cultural rights of minorities and in view of its call for speedy ratification of the European Charter on regional and minority languages and the framework convention;

In view of the Council of Europe's undoubted experience in such matters and the close relationship which has historically linked the Union with such a distinguished institution;

1. Does the Commission not consider that there should be close cooperation between the two organizations to enable them to achieve greater success in their fight against xenophobia and their efforts to protect the rights of minorities?

2. To what extent do such initiatives by the Commission reflect the spirit of the abovementioned Council of Europe draft documents?

Answer given by Mr Flynn on behalf of the Commission (15 May 1996)

The Commission considers that, in the matter of combating racism and xenophobia, cooperation with the Council of Europe needs to be strengthened. In its recent Communication on racism, xenophobia and anti-semitism, the Commission outlined the measures which it intends taking to this end ((COM(95) 653. )).

The Commission monitors closely the activities undertaken by the Council of Europe against racism and xenophobia, especially those undertaken by the European Youth Campaign against Racism, Xenophobia, Anti-semitism and Intolerance, the European Committee on Migration (CDMG) and the European Commission against Racism and Intolerance (ECRI). Naturally, the results of these activities are taken into account whenever it seems relevant and practicable to do so.

The Commission also considers that cooperation with the Council of Europe needs to be strengthened in regard to the promotion and safeguarding of regional and minority languages and cultures. Accordingly, the Commission keeps a close eye on the Council of Europe's activities in this field, particularly with regard to the ratification of the European Charter of Regional or Minority Languages.
WRITTEN QUESTION E-0369/96 by Nel van Dijk (V) to the Commission (22 February 1996)

Subject: Discrimination in Spanish legislation

In July 1994 a group of Dutch holidaymakers wished to stay at a Spanish camp site. Initially the group was admitted but when the camp site owner realized that the group comprised not only white nationals but also nationals of Antillian descent it was refused admission. Those concerned immediately lodged a complaint with the Spanish police which was, however, dismissed because no criminal act had been committed.

1. Does the Commission consider that such discrimination is a severe infringement of Article 8a of the Treaty establishing the European Community which states that every citizen of the Union shall have the right to move and reside freely within the territory of the Member States?

2. Does it consider that Article 19 of the Spanish Constitution, which grants only Spaniards the right to freedom of movement, conflicts with this article?

3. Does it consider it unacceptable that Spanish legislation states only that all Spaniards are equal before the law (Article 14 of the Constitution) and that EU citizens are thus implicitly discriminated against?

4. Is the fact that racist conduct as such is not a crime not incompatible with the Declaration of the European Parliament, the Council, the Representatives of the Member States, meeting within the Council, and the Commission against racism and xenophobia (of 11 June 1986) which rejects any form of segregation of foreigners and states that it is indispensable that all necessary steps be taken to guarantee that this joint resolve is carried through?

Answer given by Mr Monti on behalf of the Commission (1 April 1996)

Measures to combat racism and xenophobia form an integral part of all Community policies aimed at ensuring free movement of individuals within the Community while respecting human rights. It is, however, primarily for Member States to secure implementation of their domestic laws and to see that those laws are compatible with international commitments regarding the fight against racism and xenophobia.

As to the Spanish Constitution, the Commission would point out that, under Article 13, foreigners in Spain enjoy public freedoms, including the rights referred to by the Hounourable Member. In addition, Spain recently adopted a new penal code that penalizes any refusal to provide services on grounds of race, sex or religion.

The Commission regrets the incident described by the Honourable Member but considers that it involves acts of a purely private nature and, as Community law stands at present, proceedings cannot be instituted in respect of it under the EC Treaty.
WRITTEN QUESTION E-0497/96 by Gianni Tamino (V) to the Commission (1 March 1996)

Subject: Safety on Italian motorways

On the morning of 12 February 1996, a series of serious accidents involving hundreds of vehicles on the Milan-Venice A4 motorway (the 'Serenissima') resulted in eleven deaths and dozens of casualties. As I was travelling on the motorway myself at the time I can testify that vehicles not involved in the pile-up had to pay the toll in the normal way on exiting, thus making it impossible to clear the road quickly to allow emergency vehicles through. An experimental fog warning system funded by the EC was in operation on the stretch in question (Brescia -Padua), and Adriano Franchini, an executive of the company operating the motorway with responsibility for traffic control, was quoted in the 'Il Giorno' newspaper of 14 February 1996 (page 11) as saying:'As the nephelometers contained very expensive chemicals, they were all stolen. We replaced them but they were stolen again, so we gave up.'

1. Do Italian motorways comply with European road safety standards in the event of fog?

2. Have any steps been taken to check that European Community funds for experimental fog warning systems in Italy are used properly and ascertain the effectiveness of such experiments?

Answer given by Mr Kinnock on behalf of the Commission (18 April 1996)

1. There is currently no Community legislation concerning the technical specifications for motorways nor, consequently, their minimum safety standards.

However, in its report entitled 'Standardisation of road typology', the Start Group, which is part of the Motorway Working Group, looked at common specifications for the trans-European road network. Given the wide variety of climates in the Community, these common specifications, which are aimed at improving road safety and interoperability, do not examine safety risks in the event of fog.

2. The information supplied by the Honourable Member does not question the effectiveness of technologies for improving safety in the event of fog as such, although for some road equipment, prevention against theft and acts of vandalism is emphasized.
WRITTEN QUESTION E-0638/96 by Peter Pex (PPE) to the Commission (15 March 1996)

Subject: Encoding and translation of TV broadcasts by 'Europe by satellite'

'Europe by satellite' broadcasts live, from Monday to Friday, EU information on press conferences, meetings and visits, activities of the European Parliament and all plenary sessions of Parliament. The broadcasts can be received via EUTELSAT II, with the aid of a decoder. Two questions arise in this connection, relating to inadequacies in the information provided to EU citizens in this way:

1. Why cannot all EU citizens receive these broadcasts freely, without a decoder?

2. Why is no Dutch translation and/or subtitling provided?

I consider that this state of affairs is contrary to the European Union's obligation to inform its citizens fully and properly about a wide range of European affairs. Moreover, it flies in the face of the European Union's own stated policy if linguistic diversity and multilingualism in the European Union are not fully respected. On the subject of multilingualism, the Council has adopted a resolution which states that citizens will support an integrated Europe only if they receive assurances that all EU languages are equal and that everyone has equal access to information. ((OJ C 207, 12.8.1995, p. 1. )) Does the Commission not agree with this reasoning?

Answer given by Mr Oreja on behalf of the Commission (6 May 1996)

1. Europe by satellite (EbS) is provided for the benefit of people working in the media. The Commission's role is not to broadcast to the public at large, but rather to give the media full and free access to Community information so that it may be edited to suit their respective television audiences. EbS transmissions including news coverage and sessions of Community institutions are transmitted unscrambled, except for the press briefing from the Commission press room, which is intended for accredited journalists in Brussels.

2. EbS is transmitted on a satellite channel which provides four sound channels. In general the channels provided are, besides the original language (which can be in any one of the eleven official languages), French, English and German. It is therefore merely for technical reasons that for the time being only four sound channels are offered.
WRITTEN QUESTION E-0380/96 by Anthony Wilson (PSE) to the Commission (22 February 1996)

Subject: French quotas on music

Does it run contrary to the principle of the free movement of goods if Member States impose quotas on products originating in other Member States? In particular, is French legislation stipulating quotas on broadcast music an acceptable internal market policy?

Answer given by Mr Monti on behalf of the Commission (11 April 1996)

The Commission can inform the Honourable Member that a complaint has been received regarding the French legislation mentioned in his question.

Radio broadcasts are services, within the meaning of Articles 59 and 60 of the EC Treaty, and the legislation is consequently being examined to establish whether it is compatible with Article 59.

In general a distinction is made between measures that are discriminatory and those that are not. Discriminatory measures can only be justified under one of the grounds in Article 56 of the EC Treaty, namely public policy, public security or public health. Non discriminatory restrictions may be justified by overriding reasons in the public interest, where they are proportionate to the objective.

The legislation concerned would appear to restrict the provision of services to French radio stations by the artists, music producers and radio programme producers of other Member States. Restrictions on the provision of services must be justified by a public interest objective and be proportionate to that objective.

It should be stressed that the Commission does not contest the possibility for Member States to take measures in line with a linguistic policy. However, to be compatible with Community law, measures that have a restrictive effect must be shown to be proportionate to the pursued objective.

The key issue to be addressed, therefore, is that of proportionality, and the relevant considerations in this regard are whether the measure is appropriate to the objective, whether there are less restrictive measures that could be used to meet the objective, and is the measure to be regarded as exceeding what is required to meet the objective.

The Commission is currently examining information provided by the Frence authorities.
WRITTEN QUESTION E-0474/96 by Nel van Dijk (V) and Magda Aelvoet (V) to the Commission (1 March 1996)

Subject: Tax-free car fuel for Commission officials

Has an arrangement existed since March 1992 whereby senior Commission officials have the privilege of purchasing 100 litres of petrol or 80 litres of diesel per month tax-free?

Can the Commission indicate:

- how many Commission officials made use of this arrangement in 1995?- how many litres of fuel were sold under this arrangement in 1995 and at what price?- approximately how much the arrangement costs to administer (including wage costs)?- which budget item the administration of the arrangement is charged to?

Does the Commission agree that this arrangement is contrary to the statements of both the Commission and the European Parliament concerning the need to reduce car traffic, inter alia by increasing the price of car use to reflect environmental costs?

Ought not Commission officials to be encouraged to use public transport, particularly in a city which has such traffic problems as Brussels does?

Do Commission officials also enjoy such privileges as an annual duty-free alcohol and tobacco allowance and exemption from VAT on motor vehicles and other consumer 'durables'?

Does the Commission agree that such perquisites are somewhat excessive, given that the senior officials in question are among the best paid in the Union?

Does the Commission agree with the President of the European Parliament that these facilities give an impression of the European civil service which is no longer in keeping with the times, and that they are therefore hard to justify?

Is the Commission, like the President of the European Parliament, prepared to participate in consultations on the abolition of these privileges between the institutions and with the competent authorities of the countries where the Community institutions are located?

Answer given by Mr Liikanen on behalf of the Commission (25 April 1996)

The rules governing certain tax-free purchases apply not only to Commission officials but to officials of all the European Institutions, including Parliament.

Contrary to the implication contained in the question, the cost of these tax-free purchases is not met by the Community budget but by the host country, in accordance with the national tax scheme.

The benefits deriving from tax-free purchases by officials of the European Institutions working in Brussels are therefore subject to the agreement of the Belgian State.

The Secretaries-General of the European Institutions will be discussing the problems raised by the Honourable Members, particularly from the point of view of public opinion, at one of their forthcoming meetings.