ddrg/super_eurlex huggingface dataset:
WRITTEN QUESTION E-2485/98

by Johann Kronberger (NI) to the Commission

(30 July 1998)

Subject: "Corridoio Adriatico" project

1. What is the situation regarding the "Corridoio Adriatico" project, i.e. the waterway leading from the port of Trieste which is intended to link the Adriatic with other States bordering the Mediterranean and with the Suez region?

2. How important does the Commission consider this project to be?

3. What is the current state of negotiations?

Answer given by Mr Kinnock on behalf of the Commission

(7 October 1998)

1. The "Adriatic corridor" project represents an alternative route to link the central regions of the Union and Italy to Greece and the eastern part of the Mediterranean basin, avoiding the inland route through former Yugoslavia. It integrates rail and road infrastructure, ports, links to ports and combined transport along the Adriatic-Ionian coasts in Italy and Greece. In the framework of the TEN-T co-financing (Council Regulation 2236/95(1)) the Commission has allocated financial support to two feasibility studies concerning the "Adriatic-Ionian Corridor", one in Greece (financial support of ECU 0,34 million in 1996) and one in Italy (financial support of ECU 1 million in 1995). According to information provided by the authorities neither study has yet been completed.

2. Previous studies show that there are good opportunities for the development of combined transport and short sea shipping on the corridor. It is therefore expected that this important corridor will be able to contribute substantially to improving the access of peripheral regions of the Community and of Mediterranean countries to the central regions of the Community in a framework of sustainable mobility of persons and goods. The Commission is therefore convinced of its usefulness.

3. The Adriatic and Ionian seas were also recognised as an important transport element by the Third pan-European transport conference held in Helsinki in June 1997, where the Adriatic/Ionian PETrA (Pan-European transport area) was defined. It is intended that, for the PETrA, the countries concerned should work on the establishment of an infrastructure development plan for the area and for its links with the pan-European corridors and the Trans-European transport network. With the encouragement of the Commission, Italy and Greece have jointly undertaken some preparatory work and plan to call a general meeting of all interested parties, including the Commission, in the near future.

(1) OJ L 228, 23.9.1995.
WRITTEN QUESTION E-2512/98

by Roberta Angelilli (NI) to the Commission

(30 July 1998)

Subject: Air crash at Blagnac (France)

On 30 June 1994, at Toulouse airport (Blagnac, France), an A330 aircraft belonging to the Airbus Industrie company crashed during a test flight, resulting in the deaths of the seven persons on board. The seven victims included two Italian pilots working for Alitalia, Alberto Nassetti and Pier Paolo Racchetti, who were in Toulouse for a five-day commercial training programme at the headquarters of the French company.

The aircraft had not yet been officially approved and was flying with a provisional certificate. During test flights, no passengers are allowed on board under any circumstances, and aircraft are obliged to have at least two pilots with tester's licences at the controls. The A330 had only one such pilot on board, plus another one with an ordinary pilot's licence. The programme for the training course did not include any flights, but only classroom lessons.

Four years on from the accident, the French legal authorities have still not decided whether or not to take out penal liability proceedings. A preliminary inquiry by the Directorate-General for Armaments of the Ministry of Defence (pursuant to the French air navigation code) was closed after seven months. The judicial inquiry (under the judge Billaud) was concluded on 28 February 1998. The Public Prosecutor's office had three months to decide whether to shelve the matter or refer it to the relevant court; it has not replied to date.

In view of the above, can the Commission state:

1. whether it intends to ask the French authorities to explain the reasons for this flagrant and inexplicable delay in deciding whether the proceedings should go ahead;

2. whether it intends to ask the Italian authorities why the consulate in Toulouse has offered no support of any kind to the victims' relatives.

Answer given by Ms Gradin On behalf of the Commission

(24 September 1998)

The Commission informs the Honourable Member that it is not in a position to intervene with the authorities of a Member State in the context of criminal proceedings initiated following a crash during a test flight.

Article F of the Treaty on European Union requires the Union to respect fundamental rights as guaranteed by the European Convention for the Protection of Human Rights, and more specifically the right to due process of law. Therefore it is for the person who considers that this right has been disregarded to approach the competent court to have the infringement established, and if necessary, to bring a complaint to the European Commission of Human Rights if all avenues under national law have been explored.
WRITTEN QUESTION E-2118/98

by Glenys Kinnock (PSE) to the Commission

(10 July 1998)

Subject: Appointment of consultants

Would the Commission clarify how it decides on the appointment of consultants to assist with projects under PHARE, TACIS and LOMÉ?

Is it the case that limits are placed upon the number of consultants appointed from individual Member States?

Answer given by Mr Van den Broek on behalf of the Commission

(30 September 1998)

The procurement of services in Phare and Tacis is carried out in accordance with the Financial Regulation No 2335/95 of 18 September 1995(1) and the Phare and Tacis Regulations(2). They foresee restricted tendering as the normal procedure for services. Participation in tendering procedures is open on equal terms to all natural and legal persons in the Member States and to all natural and legal persons in the recipient states. The procedures are designed to guarantee as wide a participation as possible, on equal terms and with a high degree of transparency.

In accordance with the above considerations, service projects are announced on Internet, and Tacis projects are also published in the Official journal. Following a pre-qualification of the expressions of interest submitted, service contracts are tendered through a restricted tender. Tender evaluation follows pre-selected criteria and procedures which ensure that the economically most advantageous (combination of quality and price) offer is proposed for the award of contract. Supply and works projects are announced in the Official journal for open tendering in compliance with the requirements of the Financial Regulation and the Phare and Tacis Regulation.

Under Phare and Tacis, there exist no limits on the number of consultants from individual Member States. Furthermore, contracts financed from Tacis funds are open on equal terms to all natural and legal persons of the Member States and of the Tacis partner states. Eligible contractors may also be natural or legal persons of countries benefiting from Phare as well as, in specific cases, of Mediterranean countries with traditional economic, trade or geographical links, provided that the Commission approves on a case-by-case basis, if the programmes concerned require forms of assistance specifically available in such countries.

Under the Lomé Convention, the rule is also restricted tendering, with possible exceptions in certain cases. Individual experts are selected on the basis of a direct agreement procedure, after a restricted consultation, or chosen on the basis of a database established after a call for application(3).

Nationality is limited to the Union and African Caribbean and Pacific (ACP) countries. There are no quota systems, although the Commission aims to arrive at a participation which is a much as possible balanced between experts and bureaux of all Member States and all ACP states concerned, replying to the formal qualifications as foreseen in Article 278 of the Lomé Convention.

(1) OJ L 240, 7.10.1998.

(2) OJ L 375, 23.12.1989 and OJ L 165, 4.7.1996.

(3) OJ C 342, 12.11.1997.
WRITTEN QUESTION E-2849/98

by Roberta Angelilli (NI) to the Commission

(28 September 1998)

Subject: Noise pollution in Rome

In a city such as Rome noise pollution is a major problem: noise is produced not only by trains, motorcycles, mopeds, vehicles, the use of machines by those working outside, and so on, but also by a further source of noise pollution which should be mentioned, the "Roman Summer", a festival of cultural events, entertainment, games, gastronomy and sport. For a number of years the festival has been held in Rome under the sponsorship of Rome City Council, the Region of Lazio and the Province of Rome. The consequence of these events, for those living nearby, is a series of worrying health hazards caused by noise pollution produced by evening concerts, open-air discos, and a large influx of vehicles into the district, which continues late into the night. Italian law in this area provides for protection against noise pollution, under Framework Law No 447 of 26 October 1995. However, since Law No 447/95 is a framework law, if it is to be fully operative, concurrent legislative provisions must be issued, implementing ministerial decrees adopted and regional laws issued. Unfortunately, to date, the adoption of these ministerial provisions has not been completed and no regional law exists yet. As a result, Rome City Council is not able to adopt rules to protect against noise pollution.

In the light of the above can the Commission say:

1. whether there are any European directives on noise pollution and the protection of citizens' health?

2. whether events such as the "Roman Summer" should be subject to environmental impact assessments in accordance with the requirements of noise pollution protection?

3. whether applications for licences or authorisations to carry out productive activities, such as the event referred to above, should include documentation setting out their likely impact?

Answer given by Mrs Bjerregaard on behalf of the Commission

(27 October 1998)

Will the Honourable Member please refer to the answer given by the Commission to her written question E-2076/98(1).

Public events are not covered by Directive 85/337/EEC on the assessment of the impact of certain public and private projects on the environment(2).

(1) OJ C 96, 8.4.1999, p. 31.

(2) OJ L 175, 5.7.1985.
WRITTEN QUESTION E-3099/98

by Umberto Bossi (NI) to the Commission

(16 October 1998)

Subject: Professional relations among professional soccer players

Barriers should not be created that hinder or prevent free competition in the area of professional relations between soccer players and sports promoters, or promoters in general, who operate in a complex and constantly evolving industry.

The system adopted by the FIGC [Italian Football Federation], which involves the drawing up of a special list, does not comply with Italian law since it does not meet the criteria required for the system to be recognised as a professional body.

Private enterprise should not be prevented from bringing its inventiveness, creativity, research capacity, initiative and imagination to the business of competitive sporting activities, where these activities constitute industrial and commercial activities like any other.

In view of the above, can the Commission say:

1. whether the notion of sports promoter, as defined by the FIGC, is at odds with the evolving Community case law in the area of professional activities;

2. whether the FIGC regulation on sports promoters constitutes an obstacle to the freedom to provide services, in particular in cases of professional activities being exercised jointly, in relation to the applicability of the provisions of Italian law No 287/90?

Answer given by Mr Monti on behalf of the Commission

(7 January 1999)

The Commission is collecting the information it needs to answer the question. It will communicate its findings as soon as possible.
WRITTEN QUESTION E-2927/98

by Alexandros Alavanos (GUE/NGL) to the Commission

(2 October 1998)

Subject: Salary of the President of the European Central Bank

In accordance with the principle of transparency concerning the functioning of the Community Institutions, can the Commission say what salary and total allowances are paid to the President of the European Central Bank?

Answer given by Mr de Silguy on behalf of the Commission

(6 November 1998)

According to the statute of the European system of central banks (ESCB) and the European central bank (ECB), which is laid down in a protocol annexed to the Treaty, the terms and conditions of employment of the members of the executive board, in particular their salaries, pensions and other social security benefits shall be the subject of contracts with the ECB. The terms and conditions shall be fixed by the governing council of the ECB on a proposal from a committee comprising three members appointed by the governing council and three members appointed by the council. The members of the executive board do not have the right to vote in the respective decisions. Since the Commission has no competence in this field it cannot give information about the salary and the total compensation of the President of the ECB.
WRITTEN QUESTION E-2406/98

by Leonie van Bladel (UPE) and James Janssen van Raay (UPE) to the Council

(28 July 1998)

Subject: Trinidad & Tobago's refusal with regard to the Vienna Convention

1. Is the Council aware of the Trinidad & Tobago Government's refusal to comply with the Netherlands Government's request to arrest and deport, under Article 6 of the Vienna Convention, the former Surinamese dictator and current government adviser Desi Bouterse, who is suspected of large-scale international drug trafficking?

2. What political action will the Council take as a result of Trinidad & Tobago's refusal to arrest and deport, under the international Vienna Convention, the former Surinamese dictator and current government adviser Desi Bouterse, who is suspected of large-scale international drug trafficking?

3. What economic sanctions will be proposed by the Council of Ministers against Trinidad & Tobago as a result of Trinidad & Tobago's refusal to arrest and deport, under Article 6 of the international Vienna Convention, the former Surinamese dictator and current government adviser Desi Bouterse, who is suspected of large-scale international drug trafficking?

Reply

(7 December 1998)

Questions concerning the relationship between a Member State and third States in the field of extradition do not fall within the competence of the Council.
WRITTEN QUESTION E-2401/98

by Marjo Matikainen-Kallström (PPE) to the Commission

(27 July 1998)

Subject: Compulsory use of winter tyres in Finland and road safety

In Finland it is compulsory to use winter tyres, and accordingly every vehicle registered in Finland must during the winter months use either studded tyres or non-studded friction tyres for winter driving. However, Finland has no right to prevent vehicles arriving in Finland without winter tyres during the period when these are compulsory if they are registered in a country other than Finland. However Germany, for example, is allowed to prevent a Finnish-registered car from entering Germany with studded tyres.

Should not such prohibitions and freedoms be applied uniformly throughout the EU, applying to all countries? Each country should have the right to enact road safety provisions and to insist that all EU nationals travelling on its territory comply with those provisions. How does the Commission justify the current discrimination between the Member States?

Answer given by Mr Kinnock on behalf of the Commission

(6 October 1998)

The compulsory use of winter tyres in Finland for safety reasons under specific climatic conditions is a matter of national competence. It is imposed, as the Honourable Member says, on all road users, regardless of the Member State of registration of the motor vehicle and does not, therefore, constitute a case of discrimination. In this context it should be mentioned that in some areas in other Member States there are requirements for all motor vehicles to use snow chains for safety reasons.

Forbidding winter tyres with studs on roads also falls under the competence of the national authority responsible for the roads. The reason for this prohibition is the excessive wear of roads caused by such tyres.
WRITTEN QUESTION E-3278/98

by Eva Kjer Hansen (ELDR) to the Commission

(30 October 1998)

Subject: Application of Article 171(2)

To date, in how many and which cases has the Commission made use of Article 171(2)?

How many fines has the Commission imposed, and how much money has it collected?

Answer given by Mr Santer on behalf of the Commission

(30 November 1998)

The Court of Justice has never yet ordered any Member State to make a penalty payment for failure to comply with an earlier ruling by the Court. However, there have been 12 instances where the Commission has proposed to the Court that it order a Member State to make such a payment.

In six cases, the Commission decision to propose a penalty payment prompted the Member State to conform and the dispute was settled before the application was submitted to the Court:

- Italy - Protection against radioactivity. The amount of the penalty which the Commission intended to propose to the Court was ECU 159 300 per day.

- Italy - Waste-management plan. The amount of the penalty which the Commission intended to propose to the Court was ECU 123 300 per day.

- Germany - Underground water. The amount of the penalty which the Commission intended to propose to the Court was ECU 264 000 per day.

- Belgium - Wildfowl. The amount of the penalty which the Commission intended to propose to the Court was ECU 7 750 per day.

- Greece - Frontistiria, nationality requirement for opening of private schools. The amount of the penalty which the Commission intended to propose to the Court was ECU 61 500 per day.

- France - Defective products. The amount of the penalty which the Commission intended to propose to the Court was ECU 158 250 per day.

In one case, the Commission has not yet submitted its application, as a solution is now being found:

- Greece - Public service contracts. The amount of the penalty which the Commission intends to propose to the Court is ECU 39 975 per day.

In two cases, the Commission submitted an application, but the Member State complied before the Court took its decision:

- Germany - Surface Water - Case C-122/97. The amount of the penalty which the Commission intended to propose to the Court was ECU 158 400 per day.

- Germany - Wildfowl - Case C-121/97. The amount of the penalty which the Commission intended to propose to the Court was ECU 26 400 per day.

Lastly, in the following three cases, applications have been submitted, the infringements have still not been settled and a Court ruling is pending:

- Greece - Waste - Village in Crete - Case C-387/97. The amount of the penalty which the Commission has proposed to the Court is ECU 24 600 per day.

- Greece - Higher education diplomas - Case C-197/98. The amount of the penalty which the Commission has proposed to the Court is ECU 41 000 per day.

- France - Wildfowl - The amount of the penalty which the Commission has proposed to the Court is ECU 105 500 per day.
WRITTEN QUESTION E-2936/98

by David Martin (PSE) to the Commission

(8 October 1998)

Subject: Reduction of VAT on certain labour-intensive services

Could the Commission say what progress has been made on the Communication submitted by the Commission on 12 November 1997 to encourage job creation at a local level and combat certain types of "undeclared" work by reducing VAT on labour-intensive services such as building renovation etc.?

Answer given by Mr Monti on behalf of the Commission

(27 October 1998)

The Commission would inform the Honourable Member that the communication on the possibility of a reduced VAT rate on labour-intensive services for an experimental period and on an optional basis which it presented to the Council on 12 December 1997(1) is still being discussed by that institution.

The Commission has now begun work on a proposal for an instrument on reduced rates of VAT.

It would be premature at this stage to discuss how activities such as building renovation should be treated for VAT purposes. This matter will be addressed during the work on which the Commission is currently engaged.

(1) SEC(97) 2089 final.
WRITTEN QUESTION E-2928/98

by Carlos Carnero González (GUE/NGL) to the Council

(2 October 1998)

Subject: Possible restoration of the death penalty in the Philippines and the Marlon Parazo case

Amnesty International is one of a number of organisations to have expressed deep concern recently at the possible reintroduction of executions in the Philippines.

The first victims of the death penalty, were it to be restored, might well include Marlon Parazo, a deaf-mute since birth, who, Amnesty claims, was sentenced to death at a trial at which he was unable either to hear or rebut the charges against him.

The European Union has made the abolition of the death penalty a priority of its external action, encouraging national legal systems to scrap it, or at least to refrain from enforcing it.

Bearing in mind these facts, as well as the existing cooperation links and relations between the EU and the Philippines,

1. Is the Council aware of the aforementioned situation?

2. Does it take the view that it should approach the Philippine authorities, urging them not to reintroduce executions and, moreover, to initiate the procedures required to abolish the death penalty?

3. Will it take up the Marlon Parazo case in particular?

4. Would it be able to act in cooperation with the Commission in this matter?

Reply

(27 November 1998)

The EU has indeed recently raised its concern with the Government of the Philippines at the news that the latter intends to resume capital punishment, thereby putting an end to the de facto moratorium which has been in effect since 1976. The EU has appealed to the Government of the Philippines to maintain the moratorium and not carry out the death sentences which it has announced.