ddrg/super_eurlex huggingface dataset:
WRITTEN QUESTION E-3221/97 by Patricia McKenna (V) to the Council (15 October 1997)

Subject: Allegations of summary executions in the Philippines

It is alleged that, on 4 September 1997, members of the Philippines National Police Second Mobile Group forcibly entered the house of 25-year old Marlon Fernandez in Barangay, Santo Domingo, and accused him of being a member of the armed opposition group the National People's Army (NPA).

A subsequent report from the Filippino authorities claimed that Mr Fernandez was killed during an armed clash with the police. However, there are other reports stating that he was later seen in the residence of a member of the provincial government of Santa Domingo, being beaten by members of the same police group which entered his home, and that gunshots were heard nearby.

Because of the conflicting reports surrounding the death of Mr Fernandez, will the Council make representations to the Filippino authorities, urging that a thorough and impartial investigation be conducted into the circumstances of his death?

Answer (9 March 1998)

The case in question has not been referred to the Council.

In its relations with all third countries in general the Council is unswerving in its concern for the application of the principles of the rule of law and respect for human rights.
WRITTEN QUESTION P-3993/97 by Olivier Dupuis (ARE) to the Council (15 December 1997)

Subject: Tunisia and the case of Mr Khémaïs Csila

Mr Khémaïs Csila, a Tunisian citizen and vice-president of the Tunisian Human Rights League, was arrested on 29 September 1997 because of a political statement he made to explain the reasons why he was going on hunger strike: to recover his job and his passport. His crime clearly consists of having expressed an opinion. On its recent visit to Tunis, the European Parliament raised a number of instance of violations of human rights and fundamental rights, including the case of Mr Csila.

What action has the Council taken, or does it intend to take, to put an end to the arbitrary imprisonment of Mr Khémaïs Csila and to the trumped-up charges against him? More generally, what action does the Council intend to take to encourage the Tunisian authorities to put an end to the human rights violations and to resolve to follow the path of democratization and the construction of a state founded on the rule of law?

Answer (30 March 1998)

The Council attaches great political importance to the promotion and respect of human rights in Tunisia and closely follows the evolution of the situation in this country.

As the Honourable Member will know, Tunisia was the first Mediterranean country to sign a new Euro-Med Association Agreement. This Agreement establishes a political dialogue which allows both parties to discuss openly a range of political issues, including human rights. Furthermore, it includes a 'human rights clause' which stipulates that bilateral relations, 'as well as the provisions of the Agreement itself, shall be based on respect for human rights and democratic principles which guide their domestic and international policies and constitute an essential element of the Agreement'.

As a delegation from the European Parliament recently did, the Council has raised and will continue to raise the question of human rights and fundamental freedoms, both in general terms and with respect to specific cases, including that of Khémaïs Ksila, reminding its Tunisian interlocutors of their human rights responsibilities and undertakings in the framework of both the EC-Tunisian Agreement and the Barcelona Process.
WRITTEN QUESTION E-3896/97 by Joaquín Sisó Cruellas (PPE) to the Commission (11 December 1997)

Subject: Reducing VAT in labour-intensive sectors

Commissioner Monti's proposal to introduce a reduced VAT rate on an experimental basis for certain labour-intensive sectors has been more overwhelmingly endorsed by the sectors potentially concerned, who claim that this could have a positive impact on employment. The European Union of Craft Workers and Small and Medium-Sized Undertakings (Eucsmu), the Federation of National Associations of Hotels, Restaurants, Cafes and similar establishments in the European Union and the European Economic Area (Hotrec) and the European Industry and Building Federation (EIBF) have expressed the hope that a reduced VAT rate will be applied to their services, in the belief that this would enhance their ability to create jobs and counteract competition from third countries, and at the same time restrict fiscal competition between the Member States of the Union.

I understand that the Commission is currently studying the issue of reducing VAT for certain services and that a proposal for a directive may be adopted.

Can the Commission tell me which sectors will, in principle, benefit from its proposal, and whether it wishes to introduce the general application of a reduced VAT rate for all services within those sectors?

Answer given by Mr Monti on behalf of the Commission (13 February 1998)

The Commission's ideas on the Honourable's written question are set out in detail in its communication to the Council 'Job creation. Possibility of a reduced VAT rate on labour-intensive services for an experimental period and on an optional basis' ((SEC(97) 2089 final. )).

In this communication, the Commission states that the services identified for the possible application of a reduced VAT rate for labour-intensive sectors should be genuinely labour intensive, supplied directly to consumers, principally those using low skilled labour, predominantly local (in order to avoid the problem of cross border trade distortion), and those where there is the strongest link between reduction in prices and additional demand and employment.

The Commission suggests that the following categories are likely to offer the best opportunity for job creation and that Member States could, if the Commission approach is welcome by the Council, choose from within them:

- repair services on movable tangible property (including bicycles but excluding other means of transport);

- renovation and repair services on residential housing (except new construction);

- leisure parks, cleaning services, laundries and domestic caring services such as home help, care of the young, disabled, elderly or infirm.

For the time being, the Commission is not considering the general application of a reduced VAT rate for all services within labour-intensive sectors.
WRITTEN QUESTION E-3770/97 by Cristiana Muscardini (NI) to the Commission (21 November 1997)

Subject: Admission to the legal profession

Liberalization of the legal profession in Europe poses a serious risk of systematic abuses to the extent that new law graduates might seek to obtain their qualification to practise in a country where the conditions of admission were easier and later move on to practise in another country which imposed more stringent entrance requirements.

To offset this risk, the Member States are employing exaggeratedly protective legislation and, for example, placing difficulties or complications in the way of the examinations expressly intended to convert a lawyer's qualification recognized in the Member State of origin into one valid for the host country.

Does the Commission not believe that it should draw up a Directive laying down common rules to standardize the examinations to be taken by 'migrant' lawyers and establish equal criteria, applying to all the Member States, to govern the procedures to confirm the validity of qualifications to practise in the legal profession?

Answer given by Mr Monti on behalf of the Commission (6 January 1998)

The Commission takes the view that Directive 89/48/EEC on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration ((OJ L 19, 24.1.1989. )) and the forthcoming Parliament and Council Directive to facilitate practice of the profession of lawyer on a permanent basis in Member State other than that in which the qualification was obtained contain sufficient rules to make it easier for lawyers to set up in practice within the single market. It has no plans to propose a directive for standardising the aptitude test which can, in principle, be imposed by Member States under Directive 89/48/EEC. However, it will continue to ensure that the aptitude test is not used by Member States to create an excessively large obstacle to the right of establishment of lawyers.

It should be noted that, under the new Parliament and Council Directive, the aptitude test may not be imposed as a precondition of establishment by lawyers authorised to practise in another Member State. The Directive will guarantee the right of establishment under the home-country professional title on the basis of the authorisation to practise granted by the home Member State and without any verification of qualifications. It also sets out rules governing use of the host-country professional title on the basis of professional experience acquired in the Member State concerned.
WRITTEN QUESTION E-3907/97 by Cristiana Muscardini (NI) to the Commission (11 December 1997)

Subject: Infringement by the Commune of Mantua of Directives 92/50/EEC and 93/38/EEC on the award of public service contracts

1. Has the Commission assessed the substance of the accusation by the minority groups on the Mantua City Council that the City Council breached Community legislation by awarding contracts for health inspection and occupational health and safety services without calling for tenders?

2. Is the Commission aware of the Mantua City Council's failure to apply Directives 92/50/EEC ((OJ L 209, 24.7.1992, p. 1. )) and 93/38/EEC ((OJ L 199, 9.8.1993, p. 84. )) when it set up a joint-stock company, with majority public funding, as a partner, to which it awarded the contract for operating the City Council's data-processing services?

3. Does the Commission agree with the Council groups' interpretation that the decisions of Mantua City Council constitute 'infringements'?

4. What action does the Commission intend to take against these infringements, if they are confirmed?

Answer given by Mr Monti on behalf of the Commission (3 February 1998)

1. and 2. The Commission is currently examining in detail the cases referred to by the Honourable Member.

3. The Commission's appraisal of these matters will enable it to establish whether or not the Community rules governing public service contracts have been infringed.

4. The Commission will be certain to apply the procedure provided for in Article 169 of the EC Treaty if that should prove necessary.
WRITTEN QUESTION E-3823/97 by Roberto Mezzaroma (UPE) to the Commission (28 November 1997)

Subject: Tax havens

Would the Commission list those areas or zones inside Europe referred to as tax havens?

Has the Commission created - or arranged for the establishment of -any tax havens, does it intend to do so in the near future, or will it be involved in the development of any such tax havens?

What is the role of the existing tax havens, and what should it be in future?

Answer given by Mr Monti on behalf of the Commission (2 February 1998)

'Tax haven' is not a concept defined in European law. In the absence of any definition it is difficult to identify existing tax havens, and consequently it is not possible to respond to questions regarding any role which the Commission may have played in their creation. Recently, however, the Commission launched an important initiative to promote coordination on tax matters within the Community. The Commission proposed a new and comprehensive approach towards taxation, both direct and indirect, within the Community. In its communication to the Council of 5 November 1997 ((COM(97) 564. )), the Commission set out a package to tackle harmful tax competition. Included in this package was a draft code of conduct aimed at defining and combating tax measures which are harmful. The Council and the representatives of the governments of the Member States, meeting within the Council, subsequently on the 1 December 1997 adopted a Resolution on a code of conduct for business taxation.

This code provides for a definition of tax measures which are potentially harmful and a review process to determine which of such measures are actually harmful. Such measures are to be rolled back, or, in the case of new measures, not to be introduced. The Resolution also states that the Council may decide to publish the reports produced by this review process.
WRITTEN QUESTION E-3730/97 by Daniel Varela Suanzes-Carpegna (PPE) to the Commission (21 November 1997)

Subject: Tuna supplies as raw material for the Community processing industry

Bearing in mind that the production of tuna and 'loin' fillets of tuna in the ACP and OCT countries which benefit from the provisions of the Lomé Convention, as well as the countries of the Andean Pact and Central American Common Market included under the GSP, can be used to supply the Community processing industry with fresh fish, given the shortages experienced in recent times, does the Commission consider that the tariff quota levels for this product are adequate to enable these countries to supply the Community 's fish processing industry, or should they be increased?

Joint answer to Written Questions E-3729/97 and E-3730/97 given by Mrs Bonino on behalf of the Commission (23 January 1998)

An autonomous Community quota for the import of 1 000 tonnes of tuna loin fillets at a rate of customs duty of 12% was opened for 1997 on account of the difficulties the European tuna canning industry was experiencing in obtaining supplies. These difficulties sprang from the general situation on the world market in tuna (buoyant demand faced with inadequacy of supplies) as well as from changes in the methods of treating the raw material (development of ways of cutting the tuna into loin fillets in the countries close to the fishing grounds so that the 'useful' product only is transported for canning).

The tariff quota for loin fillets, intended for the Community processing industry, is directed at third countries other than the African, Caribbean and Pacific countries, as the latter already benefit from totally duty free access.

Each year the Commission reviews the situation on each of the markets for which Member States submit requests for quotas or for suspensions of tariff duty. The review for 1998 is now under way and the Commission proposals are planned for late January 1998, which is the usual date for this exercise. In the case of tuna, a request was made to open a quota for loin fillets and this is being examined at the present time.
WRITTEN QUESTION E-3828/97 by Wilfried Telkämper (V) to the Commission (28 November 1997)

Subject: Commission's presentation of eligibility criteria for budget headings

In connection with multiannual programmes and Community initiatives, the Commission organizes events to inform possible applicants about the eligibility criteria and about details needing to be taken into consideration.

For budget heading B3-4113 (Action to integrate refugees) the Commission, and in particular DG V, in conjunction with the ECRE (European Council on Refugees and Exiles) Task Force, invited representatives of associations working for refugees to an event with a view to informing them about the eligibility criteria and providing them with tips for making their applications.

1. How did this event come about?

2. Will the Commission in future carry out such information dissemination activities in connection with all comparable budget headings?

Answer given by Mr Flynn on behalf of the Commission (16 January 1998)

In order to ensure the transparency and success of the implementation of a new pilot action, the Commission first invited the Member States to designate two representatives who met in Brussels on the subject. The Commission also invited representatives of the United Nations high commissioner for refugees (UNHCR) and the European council on refugees and exiles (ECRE) to a similar meeting. Subsequently, the Commission published a call for proposals of projects ((OJ C 211, 12.7.1997. )), and distributed guidelines and application forms.

In order to raise awareness about the new budget line, and at the request of ECRE, the Commission invited non-governmental organisations (NGOs) active in the field of integration of refugees in all Member States to an information meeting in Brussels in August 1997.

The Commission is prepared to proceed in the same manner in connection with similar new budget lines in the field of social policy.
WRITTEN QUESTION E-3749/97 by Roberta Angelilli (NI) to the Commission (21 November 1997)

Subject: Advertising contract awarded by the municipality of Rome

A few months ago Rome City Council issued a private call to tender for a major advertising project. After an initial sifting process carried out by the technical committee in the department of economic and production policies of Rome City Council, three firms remained under consideration - the French firm Decaux, the Greek firm Panel 2+4 and the Italian firm NDP. It would seem, however, from evidence emerging from the work carried out by the technical committee, that the French firm Decaux committed a number of irregularities in submitting its tender, which the municipal legal advisory office confirmed and considered as potential reasons for excluding Decaux from the tendering procedure.

In view of the above, can the Commission say:

1. whether the call to tender in question, worth around LIT 60 billion, was conducted in accordance with the European directives on the award of public supply and service contracts (92/50/EEC ((OJ L 209, 24.7.1992, p. 1.)) and 93/36/EEC ((OJ L 199, 9.8.1993, p. 1.));

2. whether the irregularities committed by Decaux are, according European law, sufficient reason for excluding it from the bidding;

3. what its opinion of these events is?

Answer given by Mr Monti on behalf of the Commission (6 January 1998)

The Commission is not in possession of the information it needs in order to take a position on the conformity of an award procedure carried out by the municipality of Rome in connection with an advertising contract. The Honourable Member is asked to provide it with the essential details, including the subject matter of the contract and the date on which the call for tender was published.

The Honourable Member is also asked to supply any information on the alleged irregularities, which could be assessed in the light of the relevant Community directives.

For the above reasons, the Commission is unable to give an opinion on the facts referred to.
WRITTEN QUESTION E-3627/97 by Luciano Vecchi (PSE) to the Commission (13 November 1997)

Subject: Guarantees required in respect of participation in the employment initiative in Finland

As has already been pointed out in earlier questions, the Italian authorities' decision to require non-profit-making undertakings to provide bank guarantees in order to participate in employment initiatives has proved costly and punitive for undertakings which obviously have difficulty in providing financial guarantees of their own.

Given that such matters are subject to different regulations in the various Member States of the Union, would the Commission state whether Finland requires non-profit-making undertakings (and, in general, firms in the cooperative, mutual and non-profit sector) to provide financial or bank guarantees and, if so, on what terms?

Joint answer to Written Questions E-3624/97, E-3625/97, E-3626/97, E-3627/97, E-3628/97, E-3629/97, E-3630/97, E-3631/97, E-3632/97, E-3633/97, E-3634/97, E-3635/97, E-3636/97 and E-3637/97 given by Mr Papoutsis on behalf of the Commission (30 January 1998)

The Commission has no information on the obligation imposed by Member States on non-profit organisations to provide a bank guarantee in order to gain access to funding under the various Community programmes. This is a matter of national law.

As regards the granting of subsidies under the Employment initiative, it is up to the national authorities which sign the agreements with the project promoters to require bank guarantees in accordance with the national rules in force. In Austria, Germany, Greece, Portugal and Spain, such guarantees are not normally required from potential promoters to gain access to the Employment initiative.

While it is true that the provision of a bank guarantee may be an additional burden, particularly for enterprises operating in the context of the social economy, it is nonetheless true that this is essential when the consequences of failing to fulfil a contractual obligation may exceed the debtor's financial means.

The Financial Regulation applicable to the general budget of the European Communities of 21 December 1977 ((OJ L 356, 31.12.1977. )), as last amended ((OJ L 240, 7.6.1995. )), requires the provision of security by contractors when very large contracts are awarded or when subsidies are granted for the performance of projects involving high sums. However, the majority of non-profit associations are rarely affected by this obligation, given the small scale of the projects they propose.
WRITTEN QUESTION E-3874/97 by Amedeo Amadeo (NI) to the Commission (5 December 1997)

Subject: Information society - rolling action plan

The Commission has submitted a communication to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on 'Europe at the Forefront of the Global Information Society: Rolling Action Plan' (COM(96) 607 final).

The liberalization of the telecommunications sector has been successfully launched and will be completed by 1 January 1998, hence triggering the development of new services and promoting their widespread uptake. The stakes in terms of job creation and competitiveness are particularly high, since the ICT market had an appreciable growth rate of 8% in 1995 and will grow even faster in the future.

In preparation for the 1 January 1998 deadline, will the Commission define a clear regulatory framework to govern the process of liberalization, while ensuring competition and pluralism?

Answer given by Mr Bangemann on behalf of the Commission (29 January 1998)

The Honourable Member highlights the importance of liberalisation in both the achievement of an information society in Europe and in the creation of growth, competitiveness and employment within that society. With regard to the creation of a regulatory framework maximising the opportunities which liberalisation offers, the Honourable Member will be aware of the detailed package of measures adopted over the last two years, partly by the Commission under the competition rules, and partly by the Parliament and the Council. In particular the harmonisation measures agreed provide a detailed framework for licensing, universal service, numbering and interconnection. They also strengthen consumer rights in relation to the voice telephony service, data protection and privacy. Finally, they strengthen the regulatory independence of the telecoms authorities which now exist in every Member State. This represents a comprehensive framework to guarantee effective competition now that the 1998 deadline has arrived.