ddrg/super_eurlex huggingface dataset:
WRITTEN QUESTION P-3236/00

by Jules Maaten (ELDR) to the Commission

(12 October 2000)

Subject: Tobacco advertising

Following the ruling of the European Court of Justice on 5 October 2000 on the Tobacco Advertising Directive, will the European Commission prepare a new directive to regulate the internal market in tobacco advertising which prohibits certain forms of advertising and sponsorship of tobacco products, taking into account the Court's ruling as well as the harmful effect that tobacco advertising has, particularly on young people?

Answer given by Mr Byrne on behalf of the Commission

(10 November 2000)

The Commission continues to examine new measures to counteract the harmful effects of tobacco smoking, particularly for children and young people, as part of the overall approach set out in its communication on this matter(1).

Against this background, the Commission is currently completing its analysis of the judgement of the Court of Justice in the tobacco advertising case(2) with a view to identifying the scope of a new proposal which could be taken forward without delay.

(1) COM 96 (609) final.

(2) Judgement of the Court of 5.10.2000 in Case C-376/98.
WRITTEN QUESTION E-1883/00

by Emilio Menéndez del Valle (PSE) to the Commission

(9 June 2000)

Subject: Conflicts in Africa

At its meeting in Brussels on 22 and 23 May 2000 the General Affairs Council rightly stressed the complexity of the factors involved in the conflict in the Great Lakes region of Africa.

The provisional version of the Council press release mentions political, economic and social factors.

Does the Commission not take the view that in addition to the factors quite rightly listed by the Council an accurate assessment of the terrible conflicts which are tearing Africa apart should also take cultural factors into account?

Answer given by Mr Patten on behalf of the Commission

(25 July 2000)

The Commission does not consider that the General Affairs Council (GAC) conclusions on conflicts in Africa (22/23 May 2000) restrict the factors to be taken into account by the international community in establishing a realistic, integrated and coherent approach to these conflicts. The Commission considers that all the factors, including cultural, that are at the root of conflicts need to be considered in shaping a response to these conflicts. It is only on the basis of a thorough understanding of the societies in which conflicts take place and of the motivations of all those involved, that viable policies can be established. The Commission entertains no illusions about the magnitude of this task.

The Commission recalls that amongst the measures considered to merit particular attention in the conclusions adopted by the Development Council on 28 November 1998, on the role of development co-operation in strengtening peace building, conflict prevention and resolution, were measures in support of balancing political, social, economic and cultural opportunities among different identity groups within developing countries.

Unequal opportunities and distrust amongst identity groups are generally recognised as root causes of conflicts. Exclusion of identity groups and manipulation of distrust, which in some cases takes the form of the promotion of ethnic hatred, are radical strategies which elicit radical and often violent responses.
WRITTEN QUESTION E-2791/00

by Chris Davies (ELDR) to the Commission

(4 September 2000)

Subject: Porpoise and dolphin deaths

Given the large numbers of dolphins and porpoises that currently die when caught in fishing nets in North European waters, why did the Commission fail to attend the international Ascobans conference in Bristol at the end of July which sought to confront this threat to wildlife?

What response has it made to the conclusions of the conference?

Joint answer to Written Questions E-2791/00 and E-2922/00 given by Mrs Wallström on behalf of the Commission

(10 October 2000)

The Commission is worried about the amount of cetacean and other by-catches in connection with fisheries. The Commission welcomes the efforts of members of the agreement on the conservation of small cetaceans of the Baltic and North Seas (Ascobans) in reducing cetacean by-catches of fisheries. The Commission hopes that the Member States will continue their efforts at the Council level of the Community.

Due to a heavy workload in the field of nature protection and insufficient resources, the Commission had to decline the invitation to attend as an observer the last Ascobans conference in Bristol.

However, even if the Community is not a party to the Ascobans agreement, dolphins and porpoises are protected in the framework of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(1). According to Article 12, in particular, the Member States shall establish a system of strict protection for those animal species in their natural range prohibiting deliberate capture and disturbance. The Member States shall also establish a system to monitor incidental capture and killing.

The Commission reminded Member States of their duty recently in the last meeting of the committee under the habitats directive.

(1) OJ L 206, 22.7.1992.
WRITTEN QUESTION E-2991/00

by Daniela Raschhofer (NI) to the Council

(25 September 2000)

Subject: Directive 89/665/EEC on review procedures concerning the award of public contracts

1. Have the provisions of the Upper Austria Provincial Law on the Award of Contracts relating to the legal protection of individuals, governed by Directive 89/665/EEC(1) on the application of review procedures to the award of public supply and public works contracts, been duly amended in transposition of the Directive?

2. If so, why? If not, why not?

3. How many sets of proceedings for Treaty violations have so far been initiated against Austria in connection with the directives on the award of public contracts?

(1) OJ L 395, 30.12.1989, p. 33.

Reply

(20/21 December 2000)

Under Article 211 of the Treaty it is up to the Commission to ensure implementation of the provisions of the Treaty and of the provisions adopted by the Institutions under the Treaty. The Council would therefore advise the Honourable Member to address her question to the Commission, which is responsible for checking that the Community law referred to in this question has been correctly transposed by the Member State concerned.
WRITTEN QUESTION E-2071/00

by Elizabeth Lynne (ELDR) to the Commission

(27 June 2000)

Subject: Core funding for NGOs working for disabled people

Would the Commission outline exactly how much core funding was allocated to non-governmental organisations working in the field of disability, exactly which organisations received such core funding, and under which precise budget lines, for the year 1999? And for 1998? And for 1997?

Would the Commission explain which organisations are due to receive such funding under current plans for 2000 and 2001, and under which budget lines?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(3 October 2000)

In 1997 1,6 million was granted to 26 non-governmental organisations (NGOs) (budget line B5-4106). In 1998 1,28 million was granted to 14 NGOs (Budget line B5-4106). In 1999 0,87 million was granted to 10 NGOs (Budget line B5-4111).

The list of NGOs to which the subsidies were granted in 1997, 1998 and 1999 is forwarded direct to the Honourable Member and to Parliament's Secretariat.

For the years 1997, 1998, 1999 and 2000 the European Disability Forum received core funding amounting to 750,000 as this organisation was expressly mentioned in the budget commentary to the relevant budget line for each year.

In 2000, the Commission has organised a call for proposals for the provision of support for the co-ordination activities of organisations operating at European level and active in fighting discrimination (budget line B5-803). As a result of this call, the Commission is concluding subsidy agreements with a range of organisations, some of which are active in the field of disability. Information on which organisations have received support will be published on the web-pages of the Commission:

http://europa.eu.int/comm/employment_social/soc-prot/disable/index_en.htm.

In 2001, core funding for relevant European-level organisations with experience of fighting discrimination will fall under the action programme on combating discrimination which is currently before the Council and the Parliament. Based on Article 13 of the EC Treaty, the programme will deal with discrimination based on racial and ethnic origin, religion and belief, disability, age and sexual orientation. The Commission has proposed that the criteria for the selection of European-level NGOs for this purpose should be established in conjunction with the programme committee. A call for proposals will then be organised on the basis of those criteria. It is therefore not possible at this stage to say which organisations will receive funding.
WRITTEN QUESTION E-2608/00

by Dorette Corbey (PSE) to the Commission

(1 August 2000)

Subject: Implementation of the bird protection directive

On 13 July 2000 I received a petition bearing almost 100 000 signatures of members of the public dismayed at the extent of the trapping of birds in France. Some trapping methods are unnecessarily cruel and should therefore be prohibited. Some trapping methods (lime-twigs, nets) make no distinction between species and should therefore be banned during the migration and breeding seasons.

1. Is the Commission aware of the legal provisions governing the trapping of birds in France?

2. Is the Commission aware of the extent of the practice of trapping birds in France?

3. Does the Commission take the view that the law and/or the practice is contrary to the bird protection directive?

4. What steps does the Commission plan to take?

Answer given by Mrs Wallström on behalf of the Commission

(29 September 2000)

The Commission is aware of the main legal provisions governing the trapping of birds in France insofar as Member States are required by Article 18 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(1) to communicate the texts of national law which they adopt.

Furthermore, Article 9.3 of Council Directive 79/409/EEC requires that Member States report each year to the Commission the derogations from the provisions of Articles 5, 6, 7 and 8. Bird trapping activities are reported in this framework.

The Commission considers that the French legislation dealing with the protection of species of wild birds covers all species of birds which require protection in accordance with Article 5 of Council Directive 79/409/CEE and provides for all the prohibitions laid down in that Article, including the deliberate killing or capture by any method. Concerning the practice of bird trapping, the Commission is currently investigating a number of complaint cases involving allegations of misuse of derogations under Article 9.

Where the Commission has evidence that bird trapping practices are not in conformity with the Directive, it will normally open an infringement file in order to further assess any allegation within the framework of Article 226 (ex Article 169) of the EC Treaty.

(1) OJ L 103, 25.4.1979.
WRITTEN QUESTION E-1904/00

by Nirj Deva (PPE-DE) to the Commission

(16 June 2000)

Subject: EC PHARE programme tender li 9701.01.04.02

Understanding that bids for contracts under this programme can only be accepted for full lots and that all the equipment must be of EC or PHARE programme country of origin, can the Commission please advise who won the contracts under this tender, lot by lot, and what equipment (make and model) was included in the successful bids?

Supplementary answer given by Mr Verheugen on behalf of the Commission

(1 December 2000)

Because of the length of the answer, which includes a number of tables, the Commission is sending it direct to the Honourable Member and to Parliament's Secretariat.
WRITTEN QUESTION E-3301/00

by Eryl McNally (PSE) to the Commission

(25 October 2000)

Subject: Light pollution

Light pollution is caused by stray light that escapes from residential and industrial developments, prevents city dwellers from seeing the night sky and increases global warming. The use of lower powered bulbs and shields to prevent this light from escaping would reduce CO2 emissions and give a better view of the stars. Is the Commission planning to take any legislative measures to prevent light pollution?

Answer given by Mrs Wallström on behalf of the Commission

(8 December 2000)

The Commission is conducting a detailed investigation of the problem raised by the Honourable Member and will inform her of the outcome as soon as possible.
WRITTEN QUESTION E-2638/00

by Karl von Wogau (PPE-DE) to the Commission

(1 August 2000)

Subject: Registration of crews of German inland waterway vessels in other Member States on the pretext that the rules on freedom of establishment apply

Is the European Commission aware that terms of employment valid under German labour law are being replaced by less favourable terms of employment valid in other Member States on the pretext that the rules on freedom of establishment apply in the internal market, and does the Commission regard this as admissible?

A German inland waterway shipping firm, a subsidiary of a German concern, intends to re-register its crews with a Luxembourg subsidiary of the same concern. The employees, who thus far have had German employment contracts, are being offered terms of employment under Luxembourgish law instead. At the same time, their gross pay is being cut in real terms and their working hours on board increased.

If they turn down the offer, the employees are being threatened with dismissal on operational grounds.

Their work would continue to be carried out on the same vessels, which still belong to their present employer, the German subsidiary referred to above.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(16 October 2000)

The Honourable Member questions the practice of some inland waterway shipping firms which re-register their vessels in a Member State where the workers have less favourable working conditions, on the pretext that the rules of freedom of establishment apply in the internal market.

In the light of the facts presented, the Commission is not in a position to pronounce on the legal status of the case in question and to determine whether it is a transfer of an undertaking within the meaning of Council Directive 77/187/EEC of 14 February 1977(1), as amended by Council Directive 98/50/EEC of 29 June 1998 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of businesses(2).

In any case, the law applicable to shipping and this includes waterway vessels under international private law is usually that of the Member State of registration.

Nevertheless, on the basis of Article 6, paragraph 2 of the Convention on the law 80/394/EEC applicable to contractual obligations opened for signature in Rome on 19 June 1980(3), if the overall circumstances mean that the contract is more closely connected with a country other than that whose law is, in principle, applicable, the law of that country will be applied.

(1) OJ L 61, 5.3.1977.

(2) OJ L 201, 17.7.1998.

(3) OJ L 266, 9.10.1980.
WRITTEN QUESTION E-2573/00

by Armando Cossutta (GUE/NGL) to the Council

(1 September 2000)

Subject: Serbian monasteries in Kosovo

In the sector of Kosovo under the control of Italian troops there are 22 orthodox churches and monasteries, where at the time of their expulsion the Serb community gathered together all the documents certifying ownership of houses, land, woodland and firms,

1. Is the Council aware that the Albanians used dynamite to blow up churches and monasteries in order to destroy the documents certifying Serbian ownership of property?

2. Does it not consider that the property and activities of the Serb inhabitants of Kosovo should be protected and efforts made to ensure that correct legal and administrative procedures are observed in the region?

3. What measures will it take to prevent the historical and artistic heritage of Kosovo from being destroyed by pillaging?

Reply

(10 November 2000)

The Council deplores the continuing ethnic violence against non-Albanian minorities in Kosovo. According to the Council's information, the destruction of Orthodox churches and monasteries is not primarily due to the fact that documents are being stored there, although the Serb community does seem to have used certain sites to keep important documents safe. Reference might be made to the Patriarchate of Pec. In this case, however, information has reached the Council to the effect that most of the documents which were being kept there have meanwhile been transferred to the municipal authorities in Pec, under Albanian majority administration, after having been copied onto microfilm with assistance from Belgrade. These copies are said to have remained in the hands of the Patriarchate.

The Honourable Member will certainly be aware that the Union is not responsible for maintaining public order and security in Kosovo. That is the task of the UNMIK Police Force and KFOR on the basis of the mandate they received under Security Council Resolution 1244. However, the Council welcomes KFOR's efforts to provide round-the-clock protection for the most important religious sites, to patrol secondary sites and to establish checkpoints throughout the whole province in order to control access to areas inhabited by Serbs.

The Commission has already had occasion in the past to draw the European Parliament's attention to the fact that it does not have the necessary powers to protect Kosovo's civil and religious heritage, but that it is of course willing to cooperate with other organisations (Reply to Written Question E-1587/99). The Commission's projects include a joint study with the Council of Europe to define conservation needs regarding Kosovo's cultural heritage and the creation, together with the Council of Europe, of a high-level expert group to suggest ways of solving the problems resulting from the damage to, and in some cases, destruction of, Kosovo's cultural heritage. Once the findings of the study are available, which should be towards the end of the year, it will be possible to have an overall view of the problem.
WRITTEN QUESTION E-2755/00

by Alexandros Alavanos (GUE/NGL) to the Commission

(1 September 2000)

Subject: Bombing of a medieval orthodox church in Kosovo

On 17 July 2000 a medieval orthodox church in Kosovo Polje near Pristina was destroyed when a bomb exploded. In its answer to my previous question (E-0015/00)(1) the Commission informed me of the establishment of a high-level group of experts in the field of cultural heritage with the aim to propose solutions to problems arising from the damage and destruction of cultural property in Kosovo and identify in detail the damage and destruction of cultural property.

Given the continued violence in Kosovo, which is still destroying cultural monuments, does the Commission take the view that a more urgent response is required than that described in the answer to my previous question? With regard to the church referred to above, will the Commission announce its intention to restore the building, so as to provide a concrete demonstration of its disapproval of vandalism and intolerance in Kosovo?

(1) OJ C 303 E, 24.10.2000, p. 124.

Answer given by Mrs Reding on behalf of the Commission

(26 October 2000)

As stated in the reply given by the Commission to the Honourable Member's written question E-0015/00, following the conclusion of a covenant with the Council of Europe, a high level group of experts was to be established. The aims are, after a survey, to identify in detail the damage and destruction of cultural property, mainly architectural and archaeological heritage (monuments and sites) of all ethnic and religious groups throughout Kosovo; to establish a list of priorities for intervention based on the survey; and to assist in setting up teams of experts from local, regional and federal levels, representing all ethnic and religious groups of the region, who will draw up feasibility studies and intervention plans for the priorities established in by the survey. The conclusions drawn by the group of experts are expected by the end of the year.

The Commission will share the results of this study with the United Nations Mission in Kosovo. The possibility of restoring the church to which the Honourable Member refers will be decided by the United Nations interim administration of Kosovo (UNMIK) only after the conclusion of the survey and on the basis of the priorities of intervention that will be established in its public reconstruction investment programme for 2001 and will be submitted for consideration of the international donors involved in Kosovo.

Due to the pressing investment needs in infrastructures and services vital for the welfare of the population of Kosovo, the Commission does not intend at this stage to undertake the reconstruction of religious buildings with Community funding.
WRITTEN QUESTION E-3025/00

by Ilda Figueiredo (GUE/NGL) to the Commission

(26 September 2000)

Subject: Rules implementing adjustments to direct CAP payments

It has been announced that rules are being drawn up on the implementation of Regulation (EC) No 1259/99(1) concerning direct payments to farmers under common agricultural policy support schemes.

Would the Commission therefore provide:

- information on the proposals for implementing the arrangements for adjusting the direct payments to farmers eligible for CAP support schemes, with particular reference to the application of Article 9 of the above regulation and to the way in which the amounts will be calculated and incorporated into rural development planning;

- information concerning the date on which the rules are likely to be adopted and introduced?

(1) OJ L 160, 26.6.1999, p. 113.

Answer given by Mr Fischler on behalf of the Commission

(7 November 2000)

The Commission is in fact currently preparing the implementing regulation of Council Regulation (EC) No 1259/1999 of 17 May 1999, establishing common rules for direct support schemes under the common agricultural policy. Although it is premature at this stage to give a detailed list of the contents, the Commission would indicate that the principal objectives of this implementing regulation will be to specify how retentions applied by Member States under Articles 3 and 4 of Regulation (EC) No 1259/1999 can be used to support rural development measures (in accordance with Article 5 (2) of the above Regulation, these are exclusively supporting measures such as early retirement, less favoured areas, agri-environment and afforestation). Under Article 9 of Regulation (EC) No 1259/1999, the implementing regulation will also define how information relating to its implementation by Member States is to be communicated to the Commission.

Since methods for calculating the figures to be used have already been set out in detail in Article 4 of Regulation (EC) No 1259/1999, they need not be repeated with regard to the implementing regulation.

It is the Commission's intention to approve and publish this implementing regulation as quickly as possible.