ddrg/super_eurlex huggingface dataset:
WRITTEN QUESTION E-0069/99

by Roberta Angelilli (NI) to the Commission

(27 January 1999)

Subject: Exclusion of capital companies from agritourism grants in Sicily

Torresalsa turistica SpA has lodged a complaint with the Commission on the grounds that it has been excluded from the grants to farmers for agritourism measures in the region of Sicily because it constituted in the form of a capital company. The grants concerned are made to all other individual farmers or associations of farmers as part of the incentives policy promoted by Community directives.

This inevitably involves differential treatment based solely on the legal form of the firm concerned. The discrimination is also regional in that capital companies in other regions of Italy are eligible for the grants in question.

In its judgment of 18 December 1986 in a similar case the European Court of Justice (First Chamber) ruled that Member States are not permitted to withhold from legal persons the benefit of provisions of a Community directive solely because they have assumed a certain legal form as this would conflict with the principle of non-discrimination enshrined in Article 40(3) of the Treaty. It should also be pointed out that discrimination of this kind is not sanctioned by any law but arises from an administrative interpretation that appears to be completely arbitrary.

This view was subsequently confirmed by the Court of Justice, with reference to the second paragraph of Article 40(3) of the EEC Treaty, in its judgments of 15 October 1992 in Case C-162/91 and 6 November 1997 in Case C-164/96.

The Commission:

1. What action does it intend to take in this case?

2. What impact has the complaint by Toresalsa turistica SpA had or what effect is it having?

3. What are it's views on this matter?

Answer given by Mr Fischler on behalf of the Commission

(11 March 1999)

After asking the complainant for clarification the Commission sent the Italian authorities a letter setting out the reasons why, on the basis of Community law, it considers that the administrative authorities of the Region of Sicily are wrong in excluding companies from the benefits accorded to agricultural businesses involved in farm tourism.

The Commission will decide what further action to take in the light of Italy's reply. The complainant company has been informed of the steps taken by the Commission to date.
WRITTEN QUESTION E-0635/99

by Luigi Moretti (NI) to the Commission

(12 March 1999)

Subject: Presence of uranium in building cement

With reference to the reply to question E-3490/98(1) on the presence of uranium in building cement.

Will the Commission specify:

1. Whether Italy has adopted Directive 96/29/Euratom(2) of 13 May 1996?

2. If so, what national and European bodies are responsible for monitoring the situation?

3. Whether the above directive provides for the marking of the level of radioactivity on cement containers, to protect both users and workers?

4. If not, whether it considers it fair and necessary to impose such an obligation on European cement factories?

Answer given by Mrs Bjerregaard on behalf of the Commission

(26 April 1999)

1. Member States shall bring into force the laws, regulations and administrative provisions to comply with Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation(3) before 13 May 2000. The Commission has not yet been informed that this is the case for Italy.

2. Under Article33 of the Euratom Treaty Member States shall submit to the Commission draft provisions for the implementation of the basic standards. The Commission may issue recommendations with regard to such draft provisions within three months of the date of communication.

3. The Directive does not require cement with high levels of natural radioactivity to be made subject to the requirements for the protection of workers or members of the public. In case of work activities within which the presence of natural radiation sources leads to a significant increase in the exposure of workers or members of the public, Member States may nevertheless identify such work activities to be of concern and require the application of radiation protection measures pursuant to all or part of the Directive.

4. The Commission has no information as to whether Italy or another Member State imposes an obligation on European cement factories to mark the level of radioactivity on cement containers. Whether this would be justified must be examined not only in the light of Directive 96/29/Euratom but also of Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products(4) and Commission Recommendation 90/143/Euratom of 21 February 1990 on the protection of the public against indoor exposure to radon(5) which have been cited in the Commission's reply to the Honourable Member's Written Question E-3490/98(6).

(1) OJ C 341, 29.11.1999, p. 6.

(2) OJ L 159, 29.6.1996, p. 1.

(3) OJ L 159, 29.6.1996.

(4) OJ L 40, 11.2.1989.

(5) OJ L 80, 27.3.1990.

(6) OJ C 341, 29.11.1999, p. 6.
WRITTEN QUESTION E-0347/99

by Mihail Papayannakis (GUE/NGL) to the Commission

(23 February 1999)

Subject: Restructuring of the Greek postal service

In its answer of 11 June 1998 to my Written Question E-1370/98 on the restructuring of the Greek postal service (ELTA), the Commission stated that "the launch of this operational programme is imminent" (at the end of May 1998).

Will the Commission say whether the above programme has been launched and, if so, when? What has been the take-up rate so far in respect of the operational programme on postal services and how have the funds set aside for the ELTA been used so far?

Answer given by Mrs Wulf-Mathies on behalf of the Commission

(31 March 1999)

The "Postal services" operational programme (OP) was launched in July 1998; on this date the special ELTA (Greek postal service) unit, set up to implement the projects planned as part of this OP, was fully in place and operational. Since then, the modernisation and training measures for the ELTA have got under way and satisfactory progress has been made in the preparation of specifications in respect of the calls for tender regarding nine projects and five strategic studies provided for under the OP. In the light of this, we can forecast that all the calls for tender will have been published before summer 1999 and the OP will be fully under way (as regards the conclusion of contracts and the Community funding) before the end of the year.

This situation is summed up, incidentally, in the last decision made by the monitoring committee for this OP, in which it stated that in its meeting of 17 November 1998 the monitoring committee noted with satisfaction both the modernisation measures initiated by the ELTA, which had resulted in the releasing of funds for the OP, and the progress made by the special unit in its work. It expressed its confidence that the whole programme would be completed within the limited time remaining.

The current take-up rate of the monies available under the Structural Funds is 25 %, i.e. [fmxeuro]10,82 million of the [fmxeuro]43,4 million earmarked for this OP have been committed.
WRITTEN QUESTION E-0694/99

by Sebastiano Musumeci (NI) to the Commission

(26 March 1999)

Subject: Infringement proceedings in respect of oil

The infringement proceedings initiated by the EU against Italian Law No 313/98 on the labelling of oils, also known as the "Made in Italy" Law, appear totally unwarranted, given that the law in question does not serve to create trade barriers but is aimed at safeguarding the quality and typical nature of the product and at guaranteeing food safety for consumers.

The EU's Management Committee for Oils and Fats drastically reduced the estimated quantity of olive oil production for the 1997/98 marketing year owing to the sharp rise in Spanish production, and this has had serious repercussions for Italy, one of the leading producer countries.

Given that the unacceptably large cuts (of around 40 %) in Community aid for the 1997/98 marketing year will exacerbate the serious crisis already facing the olive oil sector.

Can the Commission say:

- Whether it agrees that it should revoke the infringement proceedings initiated against Italy in respect of the application of Law No 313/98, and

- Whether it has the political will to work with the Italian Government to renegotiate Community aid for olive-growing for the 1997/98 marketing year in order to alleviate the effects of the serious crisis already affecting the market and prices?

Answer given by Mr Fischler on behalf of the Commission

(5 May 1999)

The Commission considers that the infringement proceedings initiated against Italy are well-founded, as the law mentioned by the Honourable Member was approved contrary to the provisions of Council Directive 83/189/EC on "technical standards" (amended inter alia by Directive 88/182/EC, and consolidated by Directive 93/84/EC) and contrary to the provisions of Article 10 of the EC Treaty (ex Article 5). Italy did not react to the reasoned opinion that the Commission addressed to it.

The Commission does not share the opinion of the Honourable Member on the consequences of the reduction in aid on olive growers' income. Indeed, in the case of small producers (producing less than 500 kilograms of olive oil), there was no reduction in aid; and these producers account for more than 60 % of all Community olive growers (75 % in Italy). As for the large producers, their income comes from the sale of oil, which depends on the quantities produced, and from production aid, which is the result of multiplying the unit amount of aid by the quantities produced. Because of production in the 1997/98 marketing year, the large producers did not suffer significant losses of income. Moreover, this problem was discussed in the Council meeting on 28 and 29 September 1998 and the Council did not consider it necessary to take action further to the Italian request.
WRITTEN QUESTION P-0809/99

by Konstantinos Hatzidakis (PPE) to the Commission

(22 March 1999)

Subject: Progress of work to complete the northern road axis in Crete

According to information published recently by the Greek Ministry for Regional Planning, the Environment and Public Works, 55 km. of the northern road axis in Crete are expected to be opened to traffic in the Year 2000. This is an infrastructure project of capital importance for the development of the island, but implementation has for years been progressing at a snail's pace. This is confirmed by the recently published information which merely adds urgency to the question why completion of this project has been delayed for so long.

In particular, why was a time-consuming solution adopted under which the national authorities award contracts on a section by section basis, instead of a project manager being recruited, as occurred in the case of other road projects (for example, the Egnatia road project)?

Given that this project forms part of the CSF for Greece (Crete Regional Programme), will the Commission say what are the grounds for the excessive delays, whether there exists a time schedule for the completion of the project and when construction work is finally expected to be completed so that the road axis can be opened to the inhabitants of Crete?

Answer given by Mrs Wulf-Mathies on behalf of the Commission

(21 April 1999)

The improvement of the northern road axis in Crete is indeed a priority project of importance for the development of the region. The roads operational programme (OP) for 1994-99, the regional OP for Crete for the same period and the Interreg Community Initiative are all part-financing the construction of several sections of this road axis, which is due to be completed in 2000-01. So far there is no delay in implementation.

The Commission does indeed consider that the best way to ensure that major infrastructure construction projects part-financed by Community funds in Greece are carried out within a foreseeable and reasonable time, at a cost and to a quality that meet the standards and comply with the legislation in force, is generally for them to be managed by public limited liability companies. However, in the case of the part of the northern road axis in Crete to be built in 1994-99, since all the sections together will cover only 55 kilometres, there was no justification for creating a public limited liability company for this purpose alone.
WRITTEN QUESTION E-0397/99

by Alexandros Alavanos (GUE/NGL) to the Commission

(1 March 1999)

Subject: Operating licence for quarry in protected area

Environmental organisations claim that authorisation has been granted to operate a marble quarry in the Pieria mountains at "Marmaro Sentoukia" in the prefecture of Pieria close to public woodland at Vria. The area is noted for its remarkable ecosystem, it is a priority area in the Natura 2000 network and has been proposed for inclusion in the Leader 2 programme to mark its importance as an archaeological site.

Can the Commission answer the following questions:

1. Have the requisite environmental impact studies been carried out to assess all the implications of the operation of the quarry?

2. Will the Commission ask the Greek authorities to revoke this decision in order to maintain the ecological balance and the exceptional beauty of the area?

Answer given by Mrs Bjerregaard on behalf of the Commission

(20 April 1999)

1. The site the Honourable Member refers to ("Pieria Ori") has been proposed by the Greek authorities as a Site of Community Importance (SIC) in accordance with Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and wild fauna and flora(1). The site hosts a number of priority habitats and species and should therefore be automatically included in the Natura 2000 network under the terms of the Directive. Consequently, appropriate measures must be taken by the Member State concerned to ensure that the site does not deteriorate. The Commission will therefore contact the Greek authorities to check whether the impact studies which should be carried out for the project in question, in accordance with Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(2), took sufficient account of the natural value of the site concerned.

2 The decision to authorise the activity in question, and its revocation, is the sole responsibility of the Member State. The Commission can only intervene if Community law has clearly been infringed.

(1) OJ L 206, 22.7.1992.

(2) OJ L 175, 5.7.1985.
WRITTEN QUESTION E-0124/99

by José García-Margallo y Marfil (PPE) to the Commission

(2 February 1999)

Subject: Civil rights

In October 1998 China signed the UN Covenant on Civil and Political Rights, which guarantees freedom of expression, the right to a fair trial and protection against torture or arbitrary detention. The Covenant also guarantees freedom of opinion and movement, equality before the law and the presumption of innocence.

Subsequent events have shown that China has not the slightest intention of abiding by the undertakings entered into. The ban on "meetings" between more than two citizens in public places remains in force; trade unionists and publishers of "incorrect" books continue to be imprisoned; and, according to reports from the Tibetan Centre for Human Rights and Democracy, Buddhist monks and nuns continue to be subjected to torture. The repression has been stepped up over the past few months: at least 11 people have been arrested at their homes, according to opposition groups based in Hong Kong, and the Chinese trade union leader, Zhang Sanguang, has been sentenced to 10 years' imprisonment. Furthermore, in October the Communist Party adopted new measures placing restrictions on the formation of NGOs, associations and any other type of group.

The victims of this new wave of repression include 49 year-old Wang Ce who, up until November 1998, lived in Valencia with his two sisters, who have Spanish nationality. Wang Ce was detained on 2 November when he travelled to China to deliver to the Chinese authorities a manifesto calling for greater freedom, respect for human rights and, eventually, the introduction of democracy in his country. The Chinese authorities' reaction was swift and harsh: Wang Ce was brought to trial on 30 November on the charges of illegal entry to China and posing a threat to State security.

The outcome of the trial remains a secret; it is known, however, that two other dissidents, who had arrived from the United States under the same circumstances, were sentenced to three years' "reeducation through labour" a few days ago.

The Spanish Embassy has made several approaches to the Ministry for Public Safety, without any response to date.

Given the seriousness of this situation, what action does the Commission intend to take to secure the release of Mr Wang Ce and, in general, to compel the People's Republic of China to show respect for and guarantee the freedoms, rights and principles laid down in the UN Covenant on Civil and Political Rights?
WRITTEN QUESTION E-0112/99

by José Barros Moura (PSE) to the Commission

(2 February 1999)

Subject: Fundamental freedoms in Macao

Negotiations are taking place in the Sino-Portuguese Joint Liaison Group (JLG) on the legal regulation to be applied to the established fundamental freedoms recognised both under Macao's existing constitutional system and in the Sino-Portuguese Joint Declaration and the Basic Law of the Macao Special Administrative Region. Legislation is required in order to "localise" rights and freedoms already established under the Constitution, that is to say, to entrench them and provide safeguards for the future.

The Religious Freedom Act has already been adopted by the Legislative Assembly, with the prior consent of the Chinese authorities. Other laws, however, are still being blocked by the Chinese representatives in the JLG.

The Commission:

1. How does it view the fact that the Freedom of Association Act has not yet been adopted, a worrying failure, given that the law in force does not provide for or regulate political parties?

2. How does it view the fact that the Strike and Trade-Union Freedom Act has likewise not been passed?

Answer given by Sir Leon Brittan on behalf of the Commission

(26 February 1999)

The joint declaration adopted on 26 March 1987 and the provisions of the Basic law of Macau both negotiated and agreed by the Portuguese and the Chinese authorities explicitly state that the rights and freedoms currently guaranteed in Macau will continue without change for 50 years after the handover.

The Commission considers that legislation on the right of association and rights relating to trade unions including the right to strike, is needed to guarantee that the current social and economic systems and the life-style of Macau will remain unchanged after the handover. The Commission understands that the Macau legislative council is considering drafts in both areas and is concerned about lack of progress despite the very short time available before the handover in December 1999.

The Commission trusts that continuing efforts in the legislative council will allow for progress to be made and for legislation to be adopted before the handover.
WRITTEN QUESTION E-0057/99

by Luciano Vecchi (PSE) to the Commission

(22 January 1999)

Subject: Allocation of block grants in 1999 to NGOs working in the development field

According to recent statements attributed to the Commission's joint external cooperation instrument management service, block grants will not be allocated in 1999 to European NGOs working in the development field since this would produce an excessive workload which the joint management service would be unable to cope with.

Would the Commission say:

1. whether these are the Commission's actual intentions;

2. whether it is aware of the damage which would be caused by the loss of such an important resource as block grants, which have enabled thousands of small but hugely effective cooperation initiatives to be carried out;

3. why, as a consequence of the re-organisation of the external cooperation departments, it will no longer be possible to engage in activities and conduct procedures which, until a few months ago, did not create excessive administrative problems;

4. whether it is aware of the fact that block grants are an integral part (from the "political" point of view as well) of the activities to be funded by means of budget heading B7-6000 and that the possible suspension thereof would be likely to distort the entire co-financing of activities promoted by NGOs and supported by the European Union?

Answer given by Mr Pinheiro on behalf of the Commission

(12 April 1999)

1. In view of the staffing situation in certain departments the Commission has initiated an interdepartmental coordination procedure to enable it to continue allocating block grants for 1999 while cutting down the workload involved for itself and for the NGOs.

2. The Commission has no intention of discontinuing block grants, but believes the instrument must be modified to allow greater management efficiency while still meeting the needs of the ultimate beneficiaries.

3. Some of the general conditions of contract are out of date and are being reviewed to enable the Commission to cope with the obligations entailed by this instrument and foster its relationship with NGOs who represent European civil society and speak for the poor in the developing world.

4. The Commission is aware of the value of block grants to NGOs in connection with operations cofinanced under budget heading B7-6000. Its aim is therefore to improve the facility in order to provide NGOs with more effective support in their development work.
WRITTEN QUESTION E-0147/99

by Brigitte Langenhagen (PPE) to the Commission

(11 February 1999)

Subject: EU aid to Cuxhaven

During the 1994-99 parliamentary term, what European Union grants, broken down by aid area, and for what amounts, were made to Cuxhaven?

Joint answer

to Written Questions E-0143/99, E-0144/99, E-0145/99, E-0146/99 and E-0147/99 given by Mr Santer on behalf of the Commission

(3 March 1999)

The Commission is collecting the information it needs to answer the question. It will communicate its findings as soon as possible.
WRITTEN QUESTION No. 146/99 by Brigitte LANGENHAGEN EU aid to Stade (SUPPLEMENTARY ANSWER)



Official Journal C 370 , 21/12/1999 P. 0021



WRITTEN QUESTION E-0146/99 by Brigitte Langenhagen (PPE) to the Commission (11 February 1999) Subject: EU aid to Stade During the 1994-99 parliamentary term, what European Union grants, broken down by aid area, and for what amounts, were made to Stade?
WRITTEN QUESTION E-0770/99

by José García-Margallo y Marfil (PPE) to the Commission

(29 March 1999)

Subject: Traditionally made ice cream

An application for registration of the designation "helado artesano" pursuant to Council Regulation (EEC) 2082/92(1) on certificates of specific character was published in the Official Journal of the European Communities (OJ C 329/97) on 31 October 1997. No decision has yet been taken.

What stage in the Community procedure has been reached?

(1) OJ L 208, 24.7.1992, p. 9.