ddrg/super_eurlex huggingface dataset:
WRITTEN QUESTION E-1830/98

by Bill Miller (PSE) to the Commission

(12 June 1998)

Subject: Competition regulations for Phare and Tacis funds

Article 12 of the "General Regulations for Tender and Award of Service Contracts financed from Phare/Tacis Funds" concerns fair competition in the tendering process.

That article specifies that organizations which have been involved in the preparation of the "Terms of Reference" or in "defining the activities" of the assignment may not participate in the tender.

Would the Commission please confirm that the application of Article 12 is limited to the participation as stated, i.e. in the Terms of Reference of definition of activities? Is a wider interpretation of the article allowed? If so, what is the wider interpretation, under whose authority is it applied, and how are tenderers notified of the wider interpretation? If there is a wider interpretation in us, is a redrafting of the article being considered? Where a tenderer has, in its prequalification submission, declared a prior involvement in the project (but one that is not concerned with the preparation of the Terms of Reference) and then is invited to tender, can it be assumed that Article 12 has not been breached?

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

(1 July 1998)

Article 12 of the "general regulations for tender and award of service contracts financed from Phare Tacis funds" was introduced by the Commission with a view to improving the transparency and quality of tender evaluations. This article therefore aims to achieve fair competition among tenderers by introducing mutual exclusivity between on the one hand participation in the preparation of a project and on the other participation in its execution.

Participation in the preparation is defined in the relevant article not only as co-operation with the preparation of terms of reference but in accordance with Annex III point 5 of Council Regulation (Euratom EC) No 1279/96 (Tacis)(1) it extends to anyone "having otherwise contributed to define the activities to be implemented under the contract". This wider definition implies that the tendering or contracting authority must decide on a case by case basis, in full knowledge of all the elements of a particular dossier, whether the fair competition arrangements are respected or not.

(1) OJ L 165, 4.7.1996.
WRITTEN QUESTION E-1634/98

by Amedeo Amadeo (NI) to the Commission

(29 May 1998)

Subject: Mobile and wireless communications

With regard to documents COM(97) 217 final and COM(97) 513 final, can the Commission answer the following questions:

1. Is this the right moment to lay down a strategy for the introduction of UMTS or would regulatory action today be premature?

2. Is there a consensus in Europe on the notion of UMTS or third generation mobile communications? Will it be a new single technology, or a number of interoperable solutions based on different technologies?

3. What should be the respective roles of the private sector and of public authorities in the transition towards UMTS?

4. How can UMTS impact on the competitiveness of Europe's industry?

5. How do we ensure that the broader social and societal interests are secured in the development of the "wireless information society"?
WRITTEN QUESTION E-1745/98

by Esko Seppänen (GUE/NGL) to the Commission

(5 June 1998)

Subject: Reduction of the amount Germany is required to pay to the EU

On the basis of a Special Report of the Court of Auditors, the Commission demanded that the German authorities repay to the EU the ECU 11 million which it had been unduly paid in agricultural subsidies for the prevention of leucosis, for export subsidies and for ceasing milk production. This sum has since been reduced to DM 6 941 736. On what basis did the Commission grant Germany this reduction in payment?

Answer given by Mr Fischler on behalf of the Commission

(8 July 1998)

The ECU 11 million reduction was made up of (a) a 25,5 % reduction in the expenditure declared for each Land imposed for slaughtering carried out after the time limit and (b) a 10 % reduction in the remaining expenditure imposed because of serious control procedure deficiencies.

As Germany was able to show that in the Länder of Brandenburg and Saxony-Anhalt there had been no slaughtering after the time limits the correction of 25,5 % of expenditure in these two Länder was withdrawn. The final corrections were DM 12,8 million for late slaughtering and DM 5,5 million for defective control, i.e. some ECU 9,6 million instead of the ECU 11 million initially calculated. Total expenditure recognised for the slaughter programme was therefore DM 49,5 million instead of the DM 67,8 declared by Germany.

An amount of DM 66,1 million had already been paid. But since the Commission had not yet defrayed expenditure on serological tests (DM 9,7 million) the net amount which actually recovered was DM 6,9 million.

In brief the situation is:

>TABLE>
WRITTEN QUESTION E-1118/98

by Nikitas Kaklamanis (UPE) to the Commission

(8 April 1998)

Subject: Lethal threat of algae in the Mediterranean

In her answer of 30 October 1997 to my question No E-2987/97 concerning the alga "Caulerpa taxifolia", Commissioner Bjerregaard politely referred me to the research carried out by Posidonie, a scientific group based in Marseille.

Recently (18-20 March 1998), a meeting of scientists was organized in Heraklion, Crete, to study ways of halting the development of the two types of algae ('taxifolia' and "rakemoza" of the "caulerpa" family) which are threatening the Mediterranean Sea, including Greek waters, with total devastation. It should be noted that these algae, which grow around Crete, in the Aegean and the Pagasitic Gulf, are toxic and threaten to wipe out fish and plant life.

How does the Commission intend to stop the abnormal situation which is developing in the sea around Greece and in the entire Mediterranean, particularly as the tourist season is about to start and an environmental disaster will have repercussions for low earners in the EU with jobs in the tourist industry?

Answer given by Mrs Bjerregaard on behalf of the Commission

(12 June 1998)

Research on caulerpa, which is of great importance mostly for the Western Mediterranean Sea so far, has been carried over over years in the context of the Mediterranean action plan (MAP). The Commission, being a contracting party of the Barcelona Convention and its related protocols, follows and encourages such research within MAP, or by marine laboratories of countries mostly facing the problem.

Scientists of the National marine research centre (EKTHE) in Greece have recently argued that caulerpa taxifolia is not present in Greek waters and that the caulerpa species encountered in the area are not toxic. The report and the recommendations of the scientific meeting organised by MAP and the United nations environment programme (UNEP) in Crete, 18-20 March 1998, make a clear difference between the species caulerpa taxifolia and caulerpa racemosa.

Any possible structural measures are the responsibility of the Member States. The Commission can finance projects submitted by the interested Member States, on the basis of existing regulations and programmes.
WRITTEN QUESTION E-1313/98

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

(29 April 1998)

Subject: EURO 1999

As a result of the Pact for Stability and Growth adopted by the Amsterdam European Council in June 1997, the Member States' medium-term budgetary objective will be to achieve "positions close to balance or in surplus". If the Member States continue their budgetary adjustments in subsequent years, their public finances will be in the best position to tackle the budgetary consequences of a possible downturn in the economy.

But what does the Commission think would be the current situation in Spain if the Stability Pact had been applied during the period 1992-1997?

Answer given by Mr de Silguy on behalf of the Commission

(2 June 1998)

The stability and growth pact is constituted by a resolution of the European Council of 7 June 1997(1), by Council Regulation (EC) 1466/97 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies(2) and by Council Regulation (EC) 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure(3). The pact aims at fiscal discipline in the economic and monetary union (EMU) thus creating the appropriate stability conditions for sustained growth. It provides a powerful system of incentives for a Member State not to incur an excessive deficit and to correct it rapidly if such a situation should occur.

In 1992, Spain had a general government deficit of 3,8 % of gross domestic product (GDP) and in 1993 the deficit was 6,9 % of GDP. this situation led to a Council decision of 26 September 1994 on the existence of an excessive deficit in Spain (Article 104c (6) of the EC Treaty). In the period covered by the Honourable Member's question, i.e. 1992 to 1997, Spain budgetary policy was mainly geared towards convergence, i.e. to correct the excessive deficit situation and thus to meet the convergence criteria on the budgetary position. Moreover, paragraphs 9 and 11 of Article 104c of the EC Treaty, which deal with sanctions, did not apply during stage two of EMU.

(1) OJ C 236, 2.8.1997.

(2) OJ L 209, 2.8.1997.

(3) OJ L 209, 2.8.1997.
WRITTEN QUESTION E-1765/98

by Bernd Posselt (PPE) to the Commission

(5 June 1998)

Subject: Different prices in associated countries

Does the Commission believe that the practice in several countries which are candidates for accession to the EU of charging different prices to nationals of those countries and foreigners for entrance to cultural establishments and events or in restaurants, is compatible with membership of the EU?

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

(14 July 1998)

The Commission considers the application of different prices on grounds of nationality, as referred to by the Honourable Member, incompatible with the EC Treaty and an unacceptable practice in the applicant countries after their accession to the European Union. In short, any discrimination between Member State nationals on the basis of nationality is prohibited under the terms of the Treaty.
WRITTEN QUESTION E-1240/98

by Amedeo Amadeo (NI) and Salvatore Tatarella (NI) to the Commission

(29 April 1998)

Subject: Offences against children

All children are especially vulnerable and have limited powers of resistance to all types of violence. Whenever loss of life has been caused, intentional harm has also been caused to human dignity. Children make up half of the population of the world.

In view of these facts, can the Commission say whether:

1. Children should no longer be regarded as a minority in society but should also enjoy effective protection under criminal law, even though childhood is a transitional state;

2. This universal protection under criminal law could be applied to all children regardless of their nationality?

Answer given by Mrs Gradin on behalf of the Commission

(19 June 1998)

The Commission shares the view of the Honourable Members that the rights of children as enshrined in the 1989 Convention on the rights of the child must at all times and in all places be respected and safeguarded. Children should enjoy effective protection under the criminal law of all countries regardless of their nationality.

The Commission draws the attention of the Honourable Members to the Joint Action adopted by the Justice and Home Affairs Council on 24 February 1997 to combat trafficking in human beings and sexual exploitation of children. This requires the Member States to classify all forms of child sexual exploitation as criminal offences and to impose appropriate penalties.

Furthermore, the Commission has recently presented a communication on the fight against violence against women and children. This Communication includes a proposal for a multiannual action programme supporting non governmental organisation projects in this field. As far as the educational aspects are concerned an initiative "violence in school" was launched in 1997. Through this initiative the Commission is reinforcing cooperation on measures to counter violent behaviour in educational settings, through prevention or intervention programmes in schools. Special attention is paid to the needs of the children affected by these phenomena, including the needs of the victims. The initiative also focuses wherenever possible on whole-school approaches, drawing into action all involved in education inside and outside the school. More information is available on these initiatives on Internet at the following address: http://europa.eu/int/en/comm/dg22/violence/.
WRITTEN QUESTION E-2072/98

by Luigi Caligaris (ELDR) to the Commission

(7 July 1998)

Subject: Integration of the WEU into the EU

Given the European Union's intention, stated in the Treaty of Amsterdam, of fostering "closer institutional relations with the WEU with a view to the possibility of the integration of the WEU into the Union", appropriate action should be taken to prepare properly for this eventuality. With this in prospect, it would seem advisable not merely to follow the established practice of setting up ad-hoc delegations on both sides but also to establish a framework in which issues of mutual concern connected with the possible incorporation of the WEU into the EU could be examined on the basis of continuity. To this end, it would seem advisable to equip the EU with an institute for security matters similar to the existing WEU institute of that nature, not only for the purpose indicated but also to provide intellectual support for the activities of the European Institutions in the difficult area of the common foreign and security policy. Should the WEU be integrated into the EU, the two institutes would be merged.

Will the Commission state its position on this matter?

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

(28 July 1998)

The Commission has always advocated the integration of the Western European Union (WEU) into the European Union.

In the light of the Treaty of Amsterdam, the Commission shares the Honourable Member's view that steps should now be taken to establish a suitable framework for examining issues relating to the WEU's possible integration into the Union.

To that end, the Commission has set up a think tank on security issues, which cooperates closely with the WEU's institute for security matters. Both organisations recognise the benefits of such close cooperation, inter alia for the WEU's possible integration into the Union. There does not, therefore, appear to be any pressing need at this stage for the Union to set up an institute comparable to the WEU's.
WRITTEN QUESTION E-2279/98

by Anita Pollack (PSE) to the Commission

(22 July 1998)

Subject: Tropical forest Regulation

Since this Regulation comes to an end in 1999, when does the Commission plan to bring forward a proposal for a new Regulation?

Answer given by Mr Marín on behalf of the Commission

(14 September 1998)

The Commission will decide on a proposal for a new tropical forest regulation once it has presented to the Parliament and the Council its communication on forestry development cooperation which is presently under preparation.
WRITTEN QUESTION E-3030/98

by Raimo Ilaskivi (PPE) to the Commission

(8 October 1998)

Subject: Finnish teaching in the Åland Islands

According to recent press reports an official of the Åland provincial government refused another official authorisation to learn Finnish, Finland's first official language, during working hours. The official concerned would have been allowed to learn other languages, however. The reason given was that knowledge of Finnish was unnecessary, since the Åland Islands are a monolingual autonomous area, despite the fact that many of the tourists visiting the Islands are Finnish. The decision refusing authorisation to learn Finnish, but not other languages, is discriminatory and demeaning.

Does the Commission take the view that the ban is, for example, consistent with the status granted to the Åland Islands by the EU? If not, what measures does the Commission plan to take in order to enable the official concerned from the Åland provincial government to learn Finnish on the same basis as other languages?

Answer given by Mr Oreja on behalf of the Commission

(24 November 1998)

The Commission has no jurisdiction to deal with the question asked, which is a matter solely for the national authorities concerned.
WRITTEN QUESTION E-2789/98

by Graham Watson (ELDR) to the Commission

(17 September 1998)

Subject: Light pollution

Light pollution is a growing problem in both urban and rural areas, causing serious physiological and ecological problems. This form of pollution also wastes electricity, which means wasted money and thereby more importantly waste of the earth's finite energy resources.

Has the Commission carried out any studies into this form of pollution, and if so are there any appropriate Community initiatives?

Answer given by Mr Flynn on behalf of the Commission

(28 October 1998)

The Commission would refer the Honourable Member to its answer to Written Questions E-1166/95(1) and E-2014/95 by Mr Whitehead(2).

(1) OJ C 196, 31.7.1995.

(2) OJ C 277, 23.10.1995.
WRITTEN QUESTION P-2383/98

by Anna Karamanou (PSE) to the Council

(27 July 1998)

Subject: Funding for centres for the rehabilitation of torture victims

The recent decision by the Court of Justice that there is no legal basis for certain Community budgetary headings has immediate implications for a large number of centres for the rehabilitation of torture victims, including the Athens centre, which receives 95 % of its funding from the European Union. In view of the fact that the Athens Centre for the Rehabilitation of Torture Victims receives a large number of refugees from the Balkans, eastern and central Europe and the Middle East and provides valuable support for victims who are seeking information, assistance and medical care, what steps will the Council take to overcome the obstacles created by the decision of the European Court of Justice so that EU funding for the valuable work done by such centres may continue?

Reply

(19 October 1998)

The Honourable Member's attention is drawn to the fact that, at the Budget Council meeting on 17 July 1998, the Council approved the Commission's intention, within the context of its responsibilities under Article 205 of the Treaty, of implementing in 1998 certain headings for which a legal basis had been proposed but not yet adopted.

The Council considers that the implementation of measures for which a legal basis has been proposed and which are recognised as being politically sensitive - such as the measure referred to by the Honourable Member, insofar as it comes within the sphere of human rights measures - could therefore be resumed without delay.

Also at the meeting, the Parliament and the Council undertook, each for the budget headings that concerned it, to ensure that the legislative procedures in progress were speeded up so that decisions on basic instruments that were proposed but not yet adopted could be taken as soon as possible.
WRITTEN QUESTION P-2663/98

by Francis Decourrière (PPE) to the Commission

(31 July 1998)

Subject: Med-Media Programme

Since the Commission's decision to block funds earmarked for Med-Media projects, many project promoters and a number of film co-producers have met with serious difficulties. The Commission has in fact been informed of the harm which the non-allocation of funds is causing to these economic operators (film producers).

The Commission has stated that many companies had decided at their own risk to implement film production projects in the full knowledge of the legal context in which the Commission is obliged to operate. However, making a film requires much advance planning. In view of this fact, would it not be possible to arrange for a derogation or come up with compromise solutions to guard against certain companies going bankrupt?

Answer given by Mr Marín on behalf of the Commission

(28 September 1998)

On 22 April the Commission decided to relaunch decentralised cooperation programmes in the Mediterranean region under the conditions that emerged from in-depth discussions with Parliament.

Parliament's resolution of July last year called for the Med-Media programme to be confined to training schemes.

As it has already made clear in this context, the Commission is not indifferent to the difficulties facing some production companies. It must, however, point out that the projects in question were selected on a cofinancing basis. The Commission was unable to provide its share of the funding in the absence of contracts with the projects' coordinators.

It does, however, hope that the recently launched Euro-Mediterranean audiovisual programme will go some way towards satisfying the expectations of those working in the sector.
WRITTEN QUESTION E-2152/98

by Ingo Friedrich (PPE) to the Commission

(13 July 1998)

Subject: Illegal placement of foreign workers in the German construction industry

Is the Commission aware that Dutch companies are illegally arranging employment for English workers on German building sites?

To what extent does the Commission intend to take action on this matter?

Answer given by Mr Flynn on behalf of the Commission

(13 October 1998)

The Commission has no knowledge of problems of the kind mentioned by the Honourable Member, concerning the illegal supply of British labour to German building sites performed by firms based in the Netherlands.

The Commission wishes to stress that in this area, Directive 96/71/EC(1) of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services provides in Article 4 for cooperation between the public authorities in the Member States which "shall in particular consist in replying to reasoned requests from those authorities for information on the transnational hiring-out of workers, including manifest abuses or possible cases of unlawful transnational activities".

In its communication on undeclared work(2), the Commission noted that an effective strategy for dealing with undeclared work would need to be comprehensive, involving a mix of both sanctions and prevention.

This shows that it is for the Member States to control the provision of labour on their territory in compliance with Article 59 of the EC Treaty, since this activity represents a cross-border supply of services.

(1) OJ L 18, 21.1.1997.

(2) COM(98) 219 final.