ddrg/super_eurlex huggingface dataset:
WRITTEN QUESTION E-1140/97 by Cristiana Muscardini (NI) to the Commission (24 March 1997)

Subject: Infringement of Community regulations: the waste tip in Ca Gualdo (Pesaro)

The regional authorities of the Marches have given the green light to the building of a waste tip in the commune of Ca Gualdo, in the province of Pesaro, which is to receive Community funding under Objective 5b even though the project has not been subject to an environmental impact assessment as required by Directive 85/337/EEC ((OJ L 175, 5.7.1985, p. 40. )).

In its present form such a project contradicts and infringes all the provisions of the above-mentioned directive and above all endangers public health.

1. What action does the Commission intend to take in response to this flagrant breach of Community environmental impact regulations, given that it provided the funds which may already have been used for the planned waste tip?

2. Does the Commission intend to ask the regional authorities of the Marches to explain why they clearly infringed the criteria for Objective 5b funding?

Answer given by Ms Bjerregaard on behalf of the Commission (22 May 1997)

The single programming document (SPD), Objective 5b 1994-1999, for the Marches region provides for the building of a treatment plant for processing special, toxic or hazardous industrial waste.

The plant would consist, inter alia, of a waste sorting and processing centre and a landfill site for the final disposal of waste which cannot be reused.

The initial plan has to be assessed by the regional technical authorities and approved by the Marches regional government. According to the implementation report on the Objective 5b single programming document for the Marches region and the information notified by the regional authorities, the plan for the landfill tip provided for in measure 3.1.2A has not yet been approved. So far, only the site has been agreed by the regional authorities, acting on a proposal from the provincial government.

Under Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment ((OJ L 175, 5.7.1985, p.40. )), planning permission for disposal plants for toxic and hazardous waste cannot be given until an environmental impact assessment has been carried out. The Commission will ensure that this Directive is complied with.
WRITTEN QUESTION E-0799/97 by Jean-Yves Le Gallou (NI) to the Commission (10 March 1997)

Subject: Community subsidies to associations, NGOs and various other bodies

With regard to heading B3-101 (Youth for Europe), can the Commission provide a complete list of associations and other bodies benefiting from Community subsidies and the exact amount of these subsidies for the last completed budgetary year, i.e. 1996?

Supplementary answer given by Mrs Cresson on behalf of the Commission (6 June 1997)

Further to its answer of 17 April 1997 ((OJ C 217 of 17.7.1997, p. 228. )), the Commission is now able to provide the following additional information.

The Commission is sending the information requested direct to the Honourable Member and to Parliament's Secretariat.
WRITTEN QUESTION E-1138/97 by Cristiana Muscardini (NI) to the Commission (24 March 1997)

Subject: Proposal to change milk quotas

In order to make the rules on the fixing of milk quotas as effective and transparent as possible, will the Commission draw up a directive which:

1. stipulates that subsidies for producers in the quota B category will be continued, and allows for quota A holders to increase production as a result of selective breeding and technical progress;

2. confers immediate validity on the sale and leasing of quotas;

3. provides for VAT on sales of quotas to be calculated on a flat-rate basis;

4. abolishes the 15% reduction when quotas are sold anywhere in the national territory, except in mountain or hill farming areas;

5. stipulates that the bulletin allocating quotas shall be published by 31 January of each reference year;

6. provides for the immediate cancellation of those assigned quotas which have not been utilized in terms of the products actually supplied and invoiced in the two years preceding the application?

Answer given by Mr Fischler on behalf of the Commission (28 April 1997)

First of all, it should be pointed out that the milk quota system is implemented by regulations, which are binding in their entirety and directly applicable in all Member States, and not by directives, within the meaning of Article 189 of the EC Treaty.

1. Community rules and regulations, in this case Council Regulation (EEC) No 3950/92, which provides for an additional levy in the milk and milk products ((OJ L 405, 31.12.1992. )) sector, comprises a system which is to be applied to deliveries as well as producers' direct sales, without a distinction between 'A' quota and 'B' quota being made.

2. Article 7 of the Regulation lays down the general framework under which the reference quantity (quota) available on a farm can, in certain circumstances, be transferred with the farm. The Regulation also makes Member States responsible for determining detailed application rules which take certain objective criteria into account, notably the surface areas used.

3. Potential problems in calculating value-added tax (VAT) on quota transfers have to be solved either under Community, i.e. not common agricultural, legislation on VAT, or under national tax rules and regulations.

4. Article 7 of Regulation (EEC) No 3950/92 provides for Member States to feed the national reserve by means of a deduction on transfers. It is therefore up to each Member State to decide whether or not to use this option.

5. Community legislation allows the Member State to choose whether or not to publish the allocation of individual reference quantities (quotas) in the national official gazette. The Commission does not consider obligatory publication to be useful.

6. Article 5(2) of Regulation (EEC) No 3950/92 states that the quota of a producer who has not marketed milk for a period of 12 months is to revert to the national reserve. Producers who resume milk production within a time laid down by the Member State can obtain a new quota in accordance with Article 4 of the same Regulation.
WRITTEN QUESTION E-0131/97 by Nikitas Kaklamanis (UPE) to the Commission (3 February 1997)

Subject: Conviction of a prelate in Turkey

With unprecedented interference in the freedom and autonomy of the Orthodox Church, the Turkish authorities have sentenced a prelate of the Ecumenical Patriarchate, the Metropolitan Jacob of Laodicea, to five months imprisonment for attending an evening service held at the Holy Church of the Bulgarian community of Fener in Istanbul.

Clearly, this is a case which could have dangerous implications for relations between Greece and Turkey and is further evidence of how Turkey interprets freedom of religious expression.

How will the Commission respond to these flagrant violations of fundamental human rights in a country with which the EU has a customs union?

Supplementary answer given by Mr Van den Broek on behalf of the Commission (30 May 1997)

Further to the Commission's answer given on 6 March 1997, the information obtained by its Representation in Ankara is that Mr Iakovos, who is of Turkish nationality and Head of the Ecumenical Patriarchate of Laodikia, last year attended mass in the church at Fanari (Istanbul) at the invitation of the religious leader of the Bulgarian community. For reasons that have not been established the priest in charge at Fanari church is believed to have accused Mr Iakovos of creating a disturbance and a Turkish court sentenced him to five months in prison in November 1996. Mr Iakovos has appealed against the verdict and is still at liberty. The date on which the appeal court is to hand down its decision is not known at present.
WRITTEN QUESTION P-1071/97 by Roberta Angelilli (NI) to the Commission (17 March 1997)

Subject: Privatization of the Rome 'Municipal Energy and Environmental Board'

On 16 July 1996, replying to Written Question P-1747/96 ((OJ C 345, 15.11.1996, p. 102. )) entitled 'ACEA and Milk Marketing Board', Commissioner Monti announced that the Commission might institute infringement proceedings pursuant to Article 169 of the EC Treaty. The Rome Municipality had failed to forward the call for tenders for an advisor on the privatization of the Municipal Energy and Environmental Board to the Office for Official Publications, thereby preventing it from being duly published in the Official Journal of the European Communities. In the meantime the Municipality has not only awarded the contract but is now going ahead with the privatization process.

Will the Commission provide information on developments in this affair?

In particular, will the Commission state whether there are still grounds for instituting proceedings pursuant to Article 169 of the EC Treaty?

Finally, what will such proceedings entail, should they be instituted?

Answer given by Mr Monti on behalf of the Commission (13 May 1997)

On the basis of the information available to it at present on the contract for assistance and advisory services in connection with the planning stage of the Rome Municipality's restructuring, conversion and upgrading activities, including the privatization of the Municipal Energy and Environmental Board (ACEA), the Commission does not take the view that the Community rules on the publication of calls for tenders have been infringed.

The contract award notice was published in the Official Journal ((OJ S 103, 31.5.1996. )). The contract is worth LIT 327 726 000 exclusive of VAT, which is below the threshold specified in Directive 92/50/EEC ((OJ L 209, 24.7.1992. )).

It is correct that, under Article 7(1) of Directive 92/50/EEC, the value to be taken into account in determining whether this Directive applies is that of the estimated value and not that of the contract to be awarded. For this reason, the Commission is currently in contact with the Italian authorities in an attempt to check the estimated value of the contract. Only if the estimated value were to be equal to, or greater than, the threshold determining application of the aforementioned Directive would there have been an obligation on the Rome Municipality to forward the call for tenders in question to the Office for Official Publications.
WRITTEN QUESTION E-0213/97 by Glyn Ford (PSE) to the Council (6 February 1997)

Subject: Tamils in Sri Lanka

Is the Council of Ministers aware of the atrocities against the Tamil minority in Sri Lanka?

What action will be taken to halt their oppression?

Answer (5 June 1997)

It is clear, as previous questions by other Honourable Members have shown, that the situation in Sri Lanka is complex and that atrocities have been committed against innocent communities irrespective of their origin. All acts of violence are to be condemned, particularly against innocent civilians. Rather than trying to apportion blame to one party or another, the Union believes that the only way to find lasting peace and stability is through dialogue. Violence creates only physical and mental casualties.
WRITTEN QUESTION E-0631/97 by Jaak Vandemeulebroucke (ARE) to the Commission (4 March 1997)

Subject: Calls for tenders by the European Union

To what extent does the Commission look into the ownership structure of companies submitting tenders?

If the Commission does not do so, how can it establish that there is no conflict of interests?

Answer given by Mr Monti on behalf of the Commission (12 May 1997)

Under the public procurement Directives, the Commission departments allow any company to submit tenders following publication of a tender notice in the Official Journal. The Directives do not lay down any obligations regarding the ownership structure of companies submitting tenders, with the exception of the provisions on groups of suppliers, which are included in each of the Directives.

Under these provisions, which are virtually identical in all the Directives, tenders may be submitted by groups of suppliers. These groups may not be required by the contracting authorities to assume a specific legal form in order to submit the tender; however, the group selected may be required to do so when it has been awarded the contract, to the extent that this change is necessary for the satisfactory performance of the contract (Article 18 of Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts ((OJ L 199, 9.8.1993. )), Article 21 of Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts ((OJ L 199, 9.8.1993. )), Article 26 of Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts ((OJ L 209, 24.7.1992. )) and Article 33(1) of Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors ((OJ L 199, 9.8.1993. ))).

The Commission therefore ensures that its departments, like all the contracting authorities in the Member States, allow these groups to submit tenders and that the latter are not required to assume a legal form in order to do so. However, in accordance with Community law, its departments may require the group winning the contract to assume a specific legal form.

The Commission understands 'conflict of interests' as referring to a situation in which a company has special links with a contracting authority that are conducive to its being awarded public contracts by that authority. Under existing Community law, there is nothing to prevent entities requesting or accepting an opinion which could be taken into account in drawing up specifications for a given contract from a business that might take part in that contract. Community law prohibits such a step only where it has the effect of undermining the principle of equal treatment and, in particular, of preventing competition. To that extent, the Commission ensures that, in the cases of which it is aware, there is no conflict of interest as referred to by the Honourable Member.
WRITTEN QUESTION P-1278/97 by Lis Jensen (I-EDN) to the Commission (7 April 1997)

Subject: Requirements of Directive 91/439/EEC regarding drivers' sight

Directive 91/439/EEC ((OJ L 237, 24.8.1991, p. 1. )) entered into force on 1 July 1996, introducing stricter requirements in regard to professional drivers' sight. In Denmark, the requirements have been changed from at least 0.5 and 0.25 to at least 0.8 and 0.5 respectively.

1. What is the basis to the more stringent requirements?

2. Is there any scope for transitional arrangements or exemptions from this Directive, e.g. on the basis of case-by-case assessment by ophthalmic experts?

3. Have any Member States granted exemptions from the Directive?

4. Has the Commission given any thought to the social and road safety implications of withdrawing experienced, professional drivers' licences?

Answer given by Mr Kinnock on behalf of the Commission (26 May 1997)

1. Annex III of Directive 91/439/EEC sets the minimum standards of physical and mental fitness for driving a power-driven vehicle. The aim of these standards is to fix a minimum level to ensure road safety, as well as to enhance mutual recognition of driving licences within the Community. The standards of visual acuity for Group 2 drivers for categories C and D (for example lorries and buses) are laid down in point 6.3 of the Annex. These standards were established with the national authorities and endorsed by all Member States in 1991 when the Directive was adopted.

At the time of the implementation of the Directive in 1996, several Member States asked the Commission to review the values for sight correction by means of glasses, on the basis of the progress made by the optical industry. After a meeting with national experts, the Commission considered that, in accordance with the provisions of Article 7.3 of Directive 91/439/EEC, the development of medical science justified a change.

Consequently, on 10 July 1996, the Commission adopted a Decision ((OJ L 175, 13.7.1996. )) that raised the value of plus or minus 4 dioptres to plus or minus 8 dioptres for the correction by means of glasses of drivers for Group 2. The review did not put the standards of visual acuity into question (0,8 and 0,5).

2. The Directive requires all drivers to meet the minimum standards laid down in Annex III. It does not provide for transitional periods or derogations from the minimum standards. However, Member States may fix stricter standards if they so wish.

3. No.

4. Although the Commission proposal ((OJ C 48, 27.2.1989. )) did provide for a clause giving Member States the possibility of renewing driving licences under the same conditions for medical standards as those which were applicable at the time of the first issue of the licence, such a derogation was not retained by the Council when adopting the Directive.
WRITTEN QUESTION E-1139/97 by Cristiana Muscardini (NI) to the Commission (24 March 1997)

Subject: Reclamation plan for polluted land

The Community approach to the management of urban waste, land used for waste tips, disused factories and places where industrial accidents have occurred provides for various support measures including the reclamation of contaminated areas.

Back in 1988, the regional authorities of Lombardy commissioned a number of companies to carry out studies with a view to drawing up reclamation plans for polluted land. These studies identified 2 120 potentially contaminated sites and put the cost of reclamation at 120 billion. In-depth inquiries, together with detailed statements to the competent authorities, would appear to show that only 70 billion were required, i.e. 50 billion less than the original figure.

Will the Commission draw up a directive which identifies potentially polluted land requiring immediate reclamation, stipulates which areas should have priority and provides for the auditing of allocated funds and financial support for studies drawing up proposals for reclamation projects?

Answer given by Mrs Bjerregaard on behalf of the Commission (6 May 1997)

The Commission is aware that there is indeed a significant number of contaminated sites within the Community. Several Member States have already set up strategies and action programmes to tackle that problem.

In its communication on the review of the Community strategy for waste management ((COM(96) 399 final. )), the Commission stated (paragraph 56):

'The Commission is of the opinion that the identification and rehabilitation of such contaminated sites is first of all the task of Member States, which will also have to consider to what extent the polluter pays principle should be made operational for such cases. In future, an exchange of experience, of know-how and of clean-up technologies among Member States is desirable. This problem is likely to be of particular importance in Central and Eastern Europe'.

Thus, the drawing up of a proposal for a directive on contaminated sites is not considered a priority task for the Commission.
WRITTEN QUESTION E-1219/97 by Caroline Jackson (PPE) to the Commission (7 April 1997)

Subject: Badgers and bovine TB

Has the incidence of bovine TB in the EU increased over the last ten years?

If so, in which Member States is this true?

Does the Commission have any plans to aid research into the possible connection between badgers and bovine TB, and the means of dealing with this problem?

Answer given by Mr Fischler on behalf of the Commission (30 April 1997)

The overall incidence of bovine tuberculosis has fallen in the Community over the last ten years.

In the south west of England there has been a slight increase in the number of confirmed reactors (infected animals) over the last number of years. The incidence has risen from 0.105% in 1989 (about 600 animals) to 0.329% in 1994 (1414 animals) but this rise is from a very low base line.

The funding of research projects for bovine tuberculosis is a priority. No research project has been submitted relating to the possible connection between badgers and bovine tuberculosis, and the means of dealing with the problem.
WRITTEN QUESTION E-0592/97 by Luisa Todini (UPE), Claudio Azzolini (UPE), Guido Podestà (UPE), Roberto Mezzaroma (UPE), Alessandro Fontana (PPE) and Alessandro Danesin (UPE) to the Commission (25 February 1997)

Subject: Procedural delays in the application of the Lomé IV Convention

In the second stage of the Financial Protocol Lomé IV makes provision for speeding up and increasing intervention by the EDF, which is bound to complicate the procedures concerning projects for which DG VIII and the beneficiary countries are jointly responsible.

Potential legal questions resulting from the implementation of such projects are also often made more complicated because crisis situations in certain regions, especially in Africa, cause unforeseen difficulties and give rise to 'reservations' or 'dispute' procedures. All this places an increasing burden on the offices of the 'Legal Matters Unit' whose delicate work has an influence on, inter alia, the possibility of recourse to arbitration and may cause delays beyond the Unit's control, with adverse effects on the businesses who apply to it and on the efficient running of the EDF.

Does the European Commission, in particular the Commissioner responsible for Lomé IV, intend to take swift and effective action to reduce the procedural delays mentioned and make the procedures more transparent, so as to avoid putting businesses in a difficult situation? What does the Commission intend to do in general? Does it intend to increase the number of staff working in the Legal Matters Unit?

Answer given by Mr Pinheiro on behalf of the Commission (25 April 1997)

The Commission confirms that the crises in a number of African countries have raised complex legal questions, particularly in connection with the monitoring of contracts for the implementation of projects and programmes. This has meant additional work for the Commission over and above the development cooperation

measures implemented to improve financial management and the intensification of legal supervision which these measures have necessarily entailed. The resultant increase in transparency and efficiency was recently commended by Parliament and the Commission confirms its intention to continue along the same path.

In the current climate of budget austerity, the Commission's human resource requirements exceed resources available.

It has become apparent that while the development aid workload has increased, human resources have decreased.

The Commission is currently trying to find a solution to this structural problem. It has decided in the interim to support those units whose workload has increased substantially by redeploying existing resources within the Directorate-General for Development. It is in this context that a decision has been taken to transfer human resources to the 'Legal Matters Unit.'