ddrg/super_eurlex huggingface dataset:
WRITTEN QUESTION E-3304/02

by Albert Maat (PPE-DE) to the Commission

(21 November 2002)

Subject: Closure of Belgium's three-mile zone

Does the European Commission take the view that the closure of Belgium's three-mile zone to fishing vessels with engines of more than 70 hp is consistent with freedom of access for the EU Member States, particularly as French, British and Dutch fishing vessels are affected?

Is the European Commission prepared to call the Belgian Government to order over this matter?

Answer given by Mr Fischler on behalf of the Commission

(17 December 2002)

Article 6(2) of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture(1) reads:

In addition to the activities pursued under existing neighbourhood relations between Member States, the fishing activities under the arrangements established in paragraph 1 [possibility of reserving zone up to 12 miles for national vessels] shall be pursued in accordance with the arrangements contained in Annex I, fixing for each Member State the geographical zones within the coastal bands of other Member States where these activities are pursued and the species concerned.

Annex I indicates that in Belgium's 3 to 12 mile band Dutch vessels can fish for all species and French vessels for herring. No mention is made of fishing in the 0 to 3 mile band by Dutch, French or British vessels.

Identical provisions appeared in Article 6 of and Annex I to Council Regulation (EEC) No 170/83 of 25 January 1983(2) instituting a common fisheries policy.

Fishing within the Belgian 3 mile zone by other Member States' vessels is thus not regulated by Community law. If as the Honourable Member indicates there has been a legal fishing activity within that zone it was exercised under existing neighbourhood relations between Belgium and the countries concerned.

Any problem or dispute over fishing within the 3 mile zone thus has to be examined in the light of the provisions of these neighbourhood agreements, of which the Commission has no knowledge. It is thus not in a position to indicate what rights French, Dutch or British vessels may be entitled to in the 3 mile zone under these agreements.

(1) OJ L 389, 31.12.1992.

(2) OJ L 24, 27.1.1983.
WRITTEN QUESTION E-2947/02

by Alexandros Alavanos (GUE/NGL) to the Commission

(18 October 2002)

Subject: Rerouting of the tramline in Athens

The section of the route decided on by the ministries responsible for the Athens tram route is being cancelled in favour of a new alternative route. The reason for this is the danger the tram's vibrations pose to the Hadrian's Arch archaeological monument, which is located near the path of the tram route, as well as the danger posed to archaeological finds which are still buried very close to the surface. Archaeologists raised serious objections and criticisms regarding the original route, which were not taken into account, and the environmental impact study did not include any investigation into the effects on archaeological remains.

Meanwhile, thousands of Athenians were exposed to unimaginable inconvenience and expense as a result of the traffic congestion caused by construction work on the section of the project which has now been cancelled.

Since this project is being funded by the third CSF and the European Investment Bank:

1. What amount of resources has been wasted, calculated from the start of work, on that part of the project which has now been abandoned?

2. What additional costs will the new alternative route for the tramline incur? Will they be covered by resources from the third CSF?

3. Was the Commission aware of the archaeologists' warnings, which were heeded too late? What position did the Commission adopt in its communications with the responsible Greek authorities?

Joint answerto Written Questions E-2878/02 and E-2947/02given by Mr Barnier on behalf of the Commission

(11 November 2002)

The major project for the construction of the Athens tramway is included among those foreseen under the Operational Programme Railways, Airports, Urban Transport, 2000-2006. Up to the present, the Commission has not received a specific demand for the realisation of this project from the Greek authorities.

The procedure for the approval of major projects for support from the European Regional Development Fund (ERDF) requires the Greek authorities to submit an application as provided for under Articles 25 and 26 of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(1). The application should concern the project in its definitive form.

Expenditures eligible for ERDF support can only include those submitted by the Member State in its final application to the Commission.

(1) OJ L 161, 26.6.1999.
WRITTEN QUESTION E-3129/02

by Jan Dhaene (Verts/ALE) to the Commission

(30 October 2002)

Subject: Data relating to bicycles on the website of the Commission and Eurostat

EU Transport in figures, Statistical pocketbook 2000, published by the European Commission, includes data relating to bicycles in the EU: the number of bicycles sold in the EU, the number of cyclists on the road, and the number of journeys made by bicycle as a percentage of the total number of journeys made. That last figure does not appear in EU Transport and Energy, Statistical pocketbook 2001 or on the website on which are published the tables that are also included in the pocketbook for 2001.

1. Why is all the data where cycling and walking are regarded as a normal mode of transport for Europeans not included on the website or in the pocketbook?

2. Does the Commission have any plans to remedy this omission in the near future?

Answer given by Mrs de Palacio on behalf of the Commission

(11 December 2002)

Pedestrians and cyclists make up a significant proportion of all traffic, especially in urban areas. The omission of tables for these categories from the 2001 edition of the pocket book EU Energy and Transport in Figures is simply the result of the lack of data in this area.

However, a study carried out in the meantime on behalf of the Commission has come up with new estimates of pedestrian and cycle traffic, which will be included in the 2002 edition of EU Energy and Transport in Figures and will shortly be published on the website of the Directorate-General for Energy and Transport. The statistical pocketbook will continue to include bicycle production data and statistics for pedestrian and cyclist fatalities in road accidents.

A copy of the report in question will be forwarded directly to the Honourable Member.
WRITTEN QUESTION E-3342/02

by Karl-Heinz Florenz (PPE-DE) to the Commission

(26 November 2002)

Subject: Deliveries of water from the Federal Republic of Germany to the Netherlands

A German municipal water supply association, which has annual rights to a total of 6 800 000 cubic metres of water, but which needs only 3 563 000 cubic metres, has been prevented by the competent district authorities from going ahead with its plan to deliver 2 000 000 cubic metres of drinking water each year to the area covered by a water supply undertaking in a neighbouring part of the Netherlands and has instead been authorised only to deliver up to 600 000 cubic metres each year as a secondary supplier. The reason given for this decision was that legal problems or problems relating to property rights (Article 14 of the Basic Law) might arise if the bulk of the water from a catchment area were to be used to supply the border region in the Netherlands, since the inhabitants of the German region would have to cope alone with the restrictions stemming from the existence of the water protection area.

Is this decision, taken in accordance with German law, consistent with European law and the European philosophy of opening up borders and markets?

If so, when will the relevant legal provisions be amended to clear the way for the proposed cross-border water supply arrangement in keeping with the resources available in the two countries?

Answer given by Mr Bolkestein on behalf of the Commission

(7 January 2003)

According to the information supplied to the Commission by the Honourable Member, the decision by the national authorities to allow a German municipal water supply association to supply only 600 000 of the 2 000 000 m3 of drinking water it intended to deliver to a neighbouring part of the Netherlands as a secondary supplier could constitute a quantitative restriction on exports and could fall within the scope of Article 29 of the EC Treaty.

Under Article 29 of the EC Treaty, quantitative restrictions on exports, and all measures having equivalent effect, are prohibited between Member States.

This decision could, nevertheless, be justified by Article 30 of the EC Treaty if it satisfies one of the objectives mentioned and is proportionate to that objective.

In order to further investigate this matter, the Commission will contact the national authorities and will inform the Honourable Member of the action taken.
WRITTEN QUESTION E-1630/02

by Stavros Xarchakos (PPE-DE) to the Commission

(10 June 2002)

Subject: Arson attack on church in Germany

According to an Associated Press despatch from Germany, a Catholic church in the German town of Kassel was set on fire and desecrated by members of the Turkish nationalist organisation the Grey Wolves. The German police reported that slogans supporting the organisation had been found written on the walls of the church, while the entrance to the church had been destroyed by the fire.

The Grey Wolves are one of a number of extreme nationalist organisations which frequently carry out attacks on monuments belonging to any Christian denomination, as evidenced by the bomb attack six years ago on the Ecumenical Patriarchate of Istanbul and the desecration of the Orthodox cemetery at Varoukli in Istanbul, both of which were attributed to members of the organisation by the Turkish police. Furthermore, the Republic of Cyprus has officially and repeatedly stated that, in August 1996, members of the Grey Wolves organisation beat to death the Cypriot national, Tassos Isaak, in the buffer zone in Cyprus while he was demonstrating in favour of the peaceful reunification of the island. The Grey Wolves are, in fact, the youth wing of the Nationalist Action Party headed by the Turkish Deputy Prime Minister, Devlet Bahçeli.

In the context of the Commission's regular talks with Turkish officials, when did it last raise the subject of the immediate cessation of terrorist attacks by this organisation on monuments, symbols and other states' nationals? What specific commitments did the Turkish officials give regarding the cessation of the activities of this extremist terror organisation? Is there any information linking this nationalist organisation with cells of the Al Qa'ida terrorist network?

Answer given by Mr Verheugen on behalf of the Commission

(17 July 2002)

The Commission condemns all forms of violence and terrorism, regardless of the motivation of those involved.

The Commission is aware of the attack to which the Honourable Member refers, and is closely following developments connected with it. The matter is currently under investigation by the German authorities, and, pending the outcome of this investigation, the Commission would refrain from comment.

The fight against terrorism, and against violence in general, is frequently addressed in the course of the regular political dialogue between the Union and Turkey.
WRITTEN QUESTION P-3002/02

by Eija-Riitta Korhola (PPE-DE) to the Council

(17 October 2002)

Subject: Legal safeguards for the victim, mobility of citizens, and rape victims in the EU

A Finnish national has written from Greece about her experience when she toured the country in 1999. The rape victim concerned had managed to memorise the registration number of her attacker's car and passed on the information to the police on the night of the attack. An examination by a Greek doctor confirmed that she had been raped. On the following day she again recounted the events before a magistrate, and the examination minutes were drawn up in Greek with the assistance of an interpreter. She did not receive copies of the indictment or the examination minutes. In February of this year she was summoned to appear in court, but the person accused in the trial was the victim herself on the grounds of perjury. The rapist had been acquitted of the rape charge in October 2000, but the victim was not informed and consequently had no possibility of appeal at that time. In April the victim was found guilty of perjury and sentenced to a 20-month unconditional prison term. The case described is an isolated example but presumably reflects the prevailing practice.

How should the victim have proceeded in order to secure justice and the prospect of due process? Does the difference in Member States' judicial customs constitute such an obstacle to the freedoms created for citizens in the EU that those freedoms cannot be considered real in practice? How could the position of rape victims be improved through joint action in the EU?

Reply

(18 February 2003)

The Council is not in a position to comment on individual criminal cases in the Member States.

By adopting the Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings(1) the Council has laid down general rules regarding the position of victims of criminal offences.

(1) OJ L 82, 22.3.2001, p. 1.
WRITTEN QUESTION E-3504/02

by Robert Evans (PSE) to the Commission

(10 December 2002)

Subject: Directive on injunctions for the protection of consumers' interests

Will the Commission be extending the Directive on injunctions for the protection of consumers' interests to cover business-to-business transactions?

Or will the Commission be bringing forward some other proposals for legislation which would provide a similar cooling-off period and other protection from misleading selling tactics for small businesses?

I have been contacted by small businesses in my constituency who have fallen victim to cross-border misleading selling tactics and are now faced with large demands for payments for services they did not realise they were ordering. They would like to see legislation introduced that will protect them from such unfair practices.

Answer given by Mr Byrne on behalf of the Commission

(16 January 2003)

The Commission is not currently planning to propose amendments to Directive 98/27/EC on injunctions for the protection of consumers' interests(1) to cover business-to-business (B2B) transactions. The Injunctions Directive establishes a common procedure to allow a qualified body (such as a consumer association or public enforcement authority) from one Member State to seek an injunction in another. It aims to control traders that undertake activities in one Member State which harm the collective interests of consumers in another Member State. An injunction may be sought for infringements of national provisions transposing the Union consumer Directives. For example, infringements concerning Directives on misleading advertisements, consumer credit, package travel, unfair contract terms, distance selling contracts, sale of consumer goods and guarantees. However, the Commission is required in its first report on the application of the Directive due in July 2003 to examine, in particular, its scope in relation to the protection of the collective interests of persons exercising a commercial, industrial, craft or professional activity.

There are no plans to introduce a right of withdrawal from contractual obligations in B2B relationships such as those contained within the consumer protection directives.

The Commission is aware of problems experienced by small and medium-sized enterprises (SMEs) that have fallen victim to cross-border misleading selling practices. It should however be underlined that Directive 84/450/EEC as amended by Directive 97/55/EC(2) on misleading and comparative advertisement already provides for a certain standard of protection against misleading representations which covers relations between businesses.

(1) OJ L 166, 11.6.1998.

(2) Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising, OJ L 250, 19.9.1984.
WRITTEN QUESTION E-2942/02

by Konstantinos Hatzidakis (PPE-DE) to the Commission

(18 October 2002)

Subject: Monitoring the implementation of rail projects in Greece

In reply to an earlier question of mine (P-3141/01(1)) and a question by my colleague, Mr Folias (P-3122/01(2)), the Commission highlighted a number of problems encountered in carrying out projects funded under the 2nd CSF to modernise the rail network in Greece and said that it would carry out checks to ascertain whether Community appropriations had been properly used.

What stage has been reached with these checks and what conclusions have been drawn?

(1) OJ C 147 E, 20.6.2002, p. 112.

(2) OJ C 147 E, 20.6.2002, p. 103.

Answer given by Mr Barnier on behalf of the Commission

(25 November 2002)

The Commission has not yet received the declaration and the related documents from the Member State for the closure of the Operational Programme (OP) Railways of the Community Support Framework 1994-1999 for Greece.

The Commission, assisted by outside experts, undertook an audit of ERGOSE in the period June-September 2002. As part of this, they also carried out a control of a number of projects financed by the OP Railways 1994-1999. A report on the results of this control will soon be sent to the Greek Authorities, which should then communicate to the Commission their comments and observations. The Commission, after having examined the comments of the Greek Authorities, will draw its final conclusions from the above mentioned control.
WRITTEN QUESTION E-2783/02

by Chris Davies (ELDR) to the Commission

(3 October 2002)

Subject: EU Water Initiative for WSSD

The Commission set out the details of the EU Water Initiative at the World Summit on Sustainable Development.

What practical steps does it intend to take before the end of 2003 to ensure that its objectives are turned into reality?

Answer given by Mr Nielson on behalf of the Commission

(10 February 2003)

The Commission would refer the Honourable Member to the reply it gave to Oral Question H-0696/02 by Mr Collins during question time at Parliament's October II 02 part-session(1).

The Commission is sending the information requested direct to the Honourable Member and to Parliament's Secretariat.

(1) Written answer of 22.10.2002.
WRITTEN QUESTION P-2726/02

by Albert Maat (PPE-DE) to the Commission

(23 September 2002)

Subject: Export refunds for breeding cattle for Morocco

Is the Commission aware of the often widely diverging administrative and veterinary procedures applying to exporters of breeding cattle when the cattle arrive in the country of destination? The exporter cannot influence them at all, but they may well mean the exporter does not receive the refund, for instance if an animal dies (beyond the exporter's responsibility) or is slaughtered during the quarantine period.

What measures does the Commission propose to take to counteract the unjust withholding of export refunds?

Answer given by Mr Fischler on behalf of the Commission

(24 October 2002)

The question of entitlement to the export refund on pure-bred breeding animals requires consideration of several specific provisions.

Article 5(2) of Commission Regulation (EC) No 615/98 of 18 March 1998 laying down specific detailed rules of application for the export refund arrangements as regards the welfare of live bovine animals during transport(1) requires the exporter to declare the number of live animals released for free circulation in the non-EU country. Paragraph 3 of that Article states that the export refund will not be paid on animals that die during transport or on animals for which the designated authority considers in the light of the documents mentioned in the above-mentioned paragraph 2, the reports on the checks indicated in Article 4 of the Regulation or any other information at its disposal relating to respect for the provisions of Article 1 of the Regulation that Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and amending Directives 91/425/EEC and 91/496/EEC(2) was not complied with.

It follows that if for reasons outside the exporter's responsibility not stemming from non-observation of the requirements of Council Directive 91/628/EEC animals are slaughtered or die during quarantine granting of the refund should be unaffected.

It should also be stated, without prejudice to the foregoing, that the export refunds in question are non-differentiated. Hence under Article 3 of Commission Regulation (EC) No 800/1999 of 15 April 1999 laying down common detailed rules for application of the system of export refunds on agricultural products(3) generally speaking (and subject to the terms of that Article) entitlement to the refund is acquired on exit from the Community's customs territory.

(1) OJ L 82, 19.3.1998.

(2) OJ L 340, 11.12.1991.

(3) OJ L 102, 17.4.1999.
WRITTEN QUESTION E-3333/02

by Glenys Kinnock (PSE) to the Commission

(26 November 2002)

Subject: Women-owned businesses' access to public procurement

Is the Commission aware that there is currently no document available on the access of women-owned businesses to public procurement?

Does the Commission intend to undertake any research into this issue?

Answer given by Mr Bolkestein on behalf of the Commission

(8 January 2003)

The Commission is grateful to the Honourable Member for drawing its attention to the apparent absence of any document available on the access of women-owned businesses to public procurement within the Union.

Over the past few years the Commission has endeavoured to improve the data available about public procurement in general, and for procurement covered by the relevant Community Directives in particular, and to make it more freely available.

Currently, further research is being carried out to investigate the access of small and medium sized enterprises to public procurement and a panel study is being started with the aim of comparing cross border procurement, procurement price trends and the use of social or environmental clauses in procurement contracts. These studies should provide further information which may be useful to women-owned businesses interested in access to public procurement opportunities within the Member States.