ddrg/super_eurlex huggingface dataset:
WRITTEN QUESTION E-3403/96 by Graham Mather (PPE) to the Commission (5 December 1996)

Subject: Pensions and pension qualification

The Commission has proposed several directives on equal treatment, security and freedom of movement of occupational pensions. However, the Commission has no comprehensive framework for supplementary pension legislation beyond secondary legislation.

In the United Kingdom, there are cut-off dates for certain occupational pensions. For instance, some retired persons were required to work for a number of years before qualifying for a pension, while new workers qualify with a lower number of years.

Does the Commission have the legal means to address pension qualification thresholds in terms of years served? If so, does it plan to propose any measures to address this issue? Finally, is there any ECJ case law in this area?

Answer given by Mr Flynn on behalf of the Commission (22 January 1997)

Pension vesting periods vary considerably from one Member State to another. The Commission has power under Article 51 EC Treaty to propose measures in the field of social security to provide freedom of movement of workers. The Commission could therefore propose a maximum vesting period in order to remove impediments to free movement.

The question of the impact of long vesting periods on free movement has been considered by the high level panel on free movement of persons chaired by Mrs Simone Veil, which recently produced its report on supplementary pensions which comes out in favour of confining any proposals in this field, at least initially to a three-pronged approach, encompassing the following elements - preservation of acquired rights, cross-border payments and short term employment in another Member State. The Commission is at present studying the report and may subsequently decide to make a proposal in this area.
WRITTEN QUESTION E-2609/96 by Noël Mamère (V) to the Commission (11 October 1996)

Subject: Incorporation of the first Council Directive relating to trade marks into the national law of the 15 Member States

Have the 15 Member States all incorporated into their national law the first Council Directive (89/104/EEC) of 21 December 1988 relating to trade marks ((OJ L 40, 11.2.1989, p. 1. ))?

What is the situation with regard to Austria, Belgium, Finland, Ireland, Luxembourg, the Netherlands and Sweden in particular?

What steps does the Commission intend to take to remedy any distortions of competition within the single market resulting from possible failure to transpose the Directive?

Answer given by Mr Monti on behalf of the Commission (19 November 1996)

All Member States incorporated into their national law Council Directive (EC) No 89/104.

Austria, Finland and Sweden have implemented the Directive into their trade mark laws within the time frame of the establishment of the European economic area (Austria effective from 1 January 1993 and Finland effective from 1 February 1993). The Benelux Member States transposed their trade mark laws through the uniform Benelux trade marks act of 19 March 1962, which entered into force on 1 January 1971. The Directive has been transposed into the uniform Benelux trade marks act effective from 1 January 1996. Ireland has adopted the measures relating to the Directive by way of the Trade marks act, 1996, which came into effect on 4 July 1996.

The EC Treaty gives the Commission the task of ensuring that the legislation made thereunder is properly applied. In light of this, the Commission is currently examining the laws of the Member States on trade marks to identify whether the Directive has been correctly transposed into their legislation. Where a Member State has not complied with its obligations under the Directive, the Commission will, within the framework of Article 169 of the EC Treaty, take the appropriate initiatives to bring that Member State's law into conformity with the Directive.
WRITTEN QUESTION P-2504/96 by Bernd Lange (PSE) to the Commission (23 September 1996)

Subject: Draft law in Germany aimed at linking car tax rates more closely to pollution emission levels - compatibility with EU law

A law is currently in preparation in Germany to link car tax rates more closely to pollution emission levels (KraftStÄndG 1997). Under this law the level of pollutants emitted would be taken into account in assessing car tax. The draft law graduates car tax rates in accordance with the EU limit values EURO I and EURO II but also introduces a category III of its own. At the same time, of course, the Commission's proposal for a EURO III category is currently being debated in the European Parliament.

1. Is the Commission aware that Germany intends to introduce its own limit value comparable to EURO III?

2. What is the Commission's view of this bill's compatibility with European law?

3. Does the Commission regard it as sensible for a Member State to set its own limit values in a bill of this kind, which will become the basis and guideline for calculations by consumers and producers, only to have these values replaced shortly afterwards by the EURO III limit values?

Answer given by Mr Bangemann on behalf of the Commission (28 November 1996)

Germany notified the Commission on 19 June 1996 of its proposed vehicle tax incentives linked to environmental performance. Following the Commission's comments on 20 September 1996 and the discussion which ensued, Germany has modified the initial bill.

The Commission basically agrees with Germany over the need to encourage the use of 'clean' vehicles in order to improve environmental protection. It is also aware of the problem of dates caused by the delay in drafting the proposals for future vehicle emission standards which the Commission adopted on 18 June 1996. ((Doc. COM(96) 248. )) Once it has been adopted by Parliament and the Council, the future Directive will provide the framework for the immediate future.

Meanwhile, the Commission believes that a system of tax relief, such as that proposed by Germany, could pose a legal problem, in particular in relation to Article 3 of Directive 94/12/EC ((OJ L 100, 19.4.1994. )) on pollution by emissions from motor vehicles, which is currently in force. This problem may nevertheless be resolved in time if the future standards are adopted quickly. The Commission therefore intends to urge the Council and Parliament to expedite the adoption procedure now under way in order to minimize the time between the mandatory application of Directive 94/12/EC and the adoption of the future standards.

The Commission hopes that the Honourable Member will be able to act, in his capacity as rapporteur for this question in the Parliamentary Committee on the Environment, in order to secure a rapid decision.
WRITTEN QUESTION E-2757/96 by Caroline Jackson (PPE) to the Commission (21 October 1996)

Subject: EU Fishing agreements with the Gambia

Could the Commission state what steps it has taken to ensure that EU vessels, fishing under fisheries agreements concluded with the Gambian authorities, do not undermine the sustainable development of local communities who depend on fish resources in their coastal waters?

Answer given by Mrs Bonino on behalf of the Commission (29 November 1996)

The last protocol to the fisheries agreement with Gambia expired on 30th June 1996. No other protocol has been ratified since. The Gambian authorities cancelled at the last minute their arrival in Brussels and their participation in the formal negotiation which was scheduled on 25th June 1996. From that date there has been no request from Gambia to recommence a negotiation with the Community.

In annex to the last protocol paragraph G says that

'Community vessels may carry out fishing activities in the following zones:

- beyond 7 miles from the coast for trawlers equal or less than 250 gross registered tons (GRT);

- beyond 12 miles from the coast for trawlers more than 250 gross registered tons (GRT)'

With these fishing zones, Community vessels do not undermine the sustainable development of local communities. Furthermore, in the last protocol, fishing possibilities have been utilised less than 7%. With such a low rate, no harm could have been done to the local communities.
WRITTEN QUESTION E-2805/96 by Bárbara Dührkop Dührkop (PSE) to the Commission (25 October 1996)

Subject: Protection of the European architectural heritage and promotion of railway stations of artistic interest

Since 1984 the Commission has been stimulating the protection of our architectural heritage through a highly popular measure (support for pilot projects to conserve the European architectural heritage), which has since 1989 been devoted to a specific theme for each phase of the programme: religious monuments, theatres, historic gardens, farm, craft and industrial buildings, etc. This measure is also supported by national, regional and local administrations and enjoys public backing, as it makes it possible to identify the shared roots of our peoples' culture.

What ideas does the Commission have for themes which might be the subject of future phases?

In this context, the transformation of the rail system in Europe (introduction of high-speed trains, closing of branch lines, etc.) is leading to railway stations of great artistic interest being used for other purposes or closed down. The example of the old Orleans station in Paris, now the Orsay museum, might provide inspiration for other old stations under threat, which are often the most characteristic buildings in many cities and towns. In other cases, such as Lisbon's Rossio station, these buildings are still being used for their original purpose. New stations worthy of admiration such as Lyons station and London's Waterloo are also being built. Railway stations have a vocation to unite European cities and towns and many of them are highly interesting examples of avant-garde architecture.

Does the Commission consider that a future phase of the programme to protect the European architectural heritage might be devoted to Europe's train stations?

Answer given by Mr Oreja on behalf of the Commission (16 December 1996)

The Commission shares fully the Honourable Member's concern and conviction as to the importance of the preservation of Europe's architectural heritage in general and of the nature, character and purpose of railway stations of architectural importance in particular. It is in this context that, since 1984, the Commission has implemented its pilot actions in favour of the protection of architectural heritage by concentrating, each year, on a specific theme of interest.

Railway stations have indeed been restored with the Community help in the past, like the Temple Mead station in Bristol, United Kingdom (1985), the Railway museum in Kalamata, Greece (1991) and the reception building of Dresden station in Germany (1992).

Any future action in the field of cultural heritage protection and preservation will be considered in the framework of the Raphael programme, which it is hoped will be adopted and implemented in the next few months. It is in this context that themes will be decided for the next few years.

Given the importance of the theme proposed by the Honourable Member, the Commission will gladly take it into consideration in due course and when it is time to formulate its proposals for future themes within the framework of the Raphael programme.
WRITTEN QUESTION E-2872/96 by Hiltrud Breyer (V) to the Commission (31 October 1996)

Subject: Thermie 1993

Follow-up question on the answer of 29 April 1996 to E-0627/96 ((OJ C 217, 26.7.1996, p. 81. )).

1. Why was the Thermie committee not involved in the Commission's decision of 13 December 1993 pursuant to Articles 10(1) and 9(2)(c) of Regulation 2008/90 ((OJ L 185, 17.7.1990, p. 1. )), even though no ranking was fixed on the reserve list?

Answer given by Mr Papoutsis on behalf of the Commission (7 January 1997)

At its meeting of 3 and 4 June 1993 the Thermie Committee approved setting aside a sum from the 1993 budget for targeted projects resulting from the call for proposals of 22 June 1993. ((OJ C 171, 22.6.1993. )) The Commission Decision of 13 December 1993 was taken with the backing of the Committee.

In this regard the Commission refers the Honourable Member to the answer given to written question E-2871/96 ((See page 28. )).
WRITTEN QUESTION E-2725/96 by Amedeo Amadeo (NI) to the Commission (21 October 1996)

Subject: European Guarantee Fund for the audiovisual sector

The establishment of a European guarantee fund for the cinema and television industry will act as a catalyst for promoting the industry, with the loan guarantees triggering a chain reaction which will amplify the financial impact of the fund since the resources released will amount to several times the size of the fund's capital base.

AS the level of funding earmarked is limited, will the Commission examine the possibility of establishing a margin of coverage for finance, ranging between 20% and 50& , so that the fund can be used for a larger number of productions, thereby spreading the financial risk of investment and providing an incentive for greater participation by banks?

Answer given by Mr Oreja on behalf of the Commission (29 November 1996)

The risk cover provided by the Guarantee Fund will be up to 50% of the amount loaned by financial institutions to production and distribution companies. It may of course be less than that. The size of the contribution will be decided by the European Investment Fund (which manages the Guarantee Fund) on the basis of the type and degree of commercial risk involved in the project.
WRITTEN QUESTION E-3113/96 by Amedeo Amadeo (NI) to the Commission (18 November 1996)

Subject: Tests on Italian wines for export

An export licence has to be obtained for Italian table wines, which consequently have to undergo a complex testing procedure. The tests, which were necessitated by a temporary conjunction of circumstances that no longer apply and are now obsolete, are damaging the image of wine intended for foreign consumption.

Bearing in mind that Italy is the only country to require its exports to be tested in this way, will the Commission call for an end to the Italian government decree, which is nearly ten years old and causing problems in terms of fair competition, thereby helping to repeal a provision that now appears to constitute a form of downright discrimination confined solely to Italian produce?

Answer given by Mr Fischler on behalf of the Commission (17 December 1996)

The Commission is aware of the particular situation in Italy regarding table wines for export, for which, following the detection of fraud, under a Ministerial Decree of 16 March 1992, analysis certificates must be supplied.

The Commission has contacted the Ministry for Agriculture, Food and Forest Resources which, in a letter dated 7 November 1996, announced the imminent repeal of the Decree concerned. The new Decree, which has been signed by the Minister for Agriculture, Food and Forest Resources, must now be approved by the Ministries of Finance and Foreign Trade before being published in the Italian Official Journal.
WRITTEN QUESTION E-2824/96 by Cristiana Muscardini (NI) to the Commission (25 October 1996)

Subject: Terrorism and arms trafficking

In Europe there is a vast network of helpers and persons who obtain funds, propaganda material, and weapons to enable Islamic fundamentalists to carry out their terrorist strategies. Europe's capital cities offer a guaranteed safe haven to terrorist leaders and are used as the base for their movements' operations.

Will the Commission issue a Directive with a view to unmasking the secret network that operates through suspect bank accounts, private donations, pamphlets, and news publications?

Answer given by Mrs Gradin on behalf of the Commission (27 November 1996)

The fight against terrorism, including the threat from religious extremism, falls within Title VI of the Treaty on European Union, and is therefore a matter of common interest for the Member States, on which they may adopt joint positions, joint actions or conventions. The Commission is fully associated with the work in this area, but has no right of initiative to make proposals on aspects related to terrorism.
WRITTEN QUESTION E-2662/96 by Amedeo Amadeo (NI) to the Commission (15 October 1996)

Subject: Competition in civil aviation

The 'war of the ATC slots' has returned to Linate airport. The private operators Air One, Noman and Air Sicilia, which began to compete with Alitalia on domestic routes last winter, are liable to have their opportunities for access to airspace reduced for the forthcoming winter season, which begins on 27 October 1996. A telex from the 'clearance coordinator', the person responsible for allocating ATC slots, accuses them of failing to use at least 80% of the slots allocated to them last winter. It should be explained that the coordinator in question, Giovanni Piemonte, is an employee of Alitalia who acts on behalf of Civil Avia.

Does the Commission agree that this is a serious restriction on fair competition in the civil aviation sector, and would it not be appropriate to end this anomalous situation, which exists in few Community countries apart from Italy?

Answer given by Mr Kinnock on behalf of the Commission (9 December 1996)

The allocation of slots at Community airports is governed by the rules of Council Regulation (EEC) No 95/93 of 18 January 1993 ((OJ L 14, 22.1.1993. )). Article 8 provides for the principle of historic precedence, the so-called 'grandfather rights', under which an air carrier is entitled to claim those slots which it operated in the previous equivalent scheduling period. Pursuant to Article 10 of the Regulation, however, no historic precedence is granted if the air carrier did not operate the slots in question for at least 80% of the time during the period for which they have been allocated. This latter provision has been included in the Regulation in order to ensure an efficient use of scarce airport capacity.

Moreover, Article 4 of the Regulation provides that the coordinator responsible for the allocation of slots shall carry out his duties in an independent manner. The Commission is presently in the process of preparing a proposal for a revision of the Regulation which will also address the question whether it is necessary to amend that provision so as to explicitly exclude the possibility that an employee of an individual air carrier is appointed as coordinator.

As far as the application of competition rules at Linate airport is concerned, the Commission is informed that a formal procedure has been opened by the Italian authorities.
WRITTEN QUESTION E-3655/96 by Jean-Yves Le Gallou (NI) to the Commission (3 January 1997)

Subject: Community financing for the Burgundy region

Can the Commission indicate the total Community financing for the Burgundy region and the specific financing for each objective under the Structural Funds and the EAGGF guidance section?

Joint answer to Written Questions E-3645/96, E-3646/96, E-3647/96, E-3648/96, E-3649/96, E-3650/96, E-3651/96, E-3652/96, E-3653/96, E-3654/96, E-3655/96, E-3656/96, E-3657/96, E-3658/96, E-3659/96, E-3660/96, E-3661/96, E-3662/96, E-3663/96, E-3664/96, E-3665/96, E-3666/96, E-3667/96, E-3668/96 and E-3669/96 given by Mrs Wulf-Mathies on behalf of the Commission (7 February 1997)

In view of the length of its answer, the Commission is sending it direct to the Honourable Member and to Parliament's Secretariat.
WRITTEN QUESTION E-2544/96 by Amedeo Amadeo (NI) to the Commission (8 October 1996)

Subject: Flower growing

The Italian flower growing sector, which is worth over Lit 4 500 billion and whose products are mainly for domestic consumption, comprises approximately 22 000 undertakings covering approximately 23 000 hectares (including 7 000 under glass) and employs 50 000 people.

Liguria is Italy's largest flower growing area, accounting for 25% of national output in the sector.

The situation is becoming increasingly difficult for Ligurian and Italian producers owing to competition from the Netherlands and Denmark, whose governments provide incentives for national producers, and to the yet to be solved problems regarding fuel oil and the reduction of taxation.

Reduced rates of VAT on flower products are therefore a topical issue at European level.

The Council has adopted the Commission proposal amending Directive 77/338( ((OJ L 145, 13.6.1977, p. 1. ))on a common VAT system in the sector. Pursuant to the new text, Member States may apply a reduced rate until a definitive VAT system is adopted.

Would the Commission not agree that the VAT system for flower products should be harmonized as soon as possible, and that, in view of the crisis in Italy, representations should be made to the relevant authorities with a view to suggesting that a reduced rate be applied?

Answer given by Mr Monti on behalf of the Commission (3 December 1996)

On 25 June 1996 the Council adopted the Directive ((OJ L 170, 9.7.1996. )) on the taxation of agricultural outputs others than those falling within category 1 of Annex H of the sixth VAT Directive (77/388/EEC) on the common system of value added tax. Thus Member States may apply a reduced VAT rate to living plants and other products from the floricultural sector (including bulbs, roots and the like, cut flowers and ornamental foliage) and wood for use as firewood for the duration of the transitional VAT arrangements of intra-Community trade referred to in Article 28(1) of the sixth VAT Directive. It is up to Member States to make use of this option or not.
WRITTEN QUESTION E-2726/96 by Amedeo Amadeo (NI) to the Commission (21 October 1996)

Subject: Sub-standard ships

Sub-standard ships mean low operating costs. A recent OECD study shows that the advantages to a shipowner of operating its ships on a 'shoe-string budget' are enormous.

The gap between the minimum and the maximum costs a shipowner has to bear, according to whether the lowest possible safety standards are met or whether the ships comply fully, in every respect, with all international rules, is alarmingly wide.

In view of the above, and given the large number of incidents at sea in recent months, will the Commission tighten up the Port State Control Programme and step up its campaign against sub-standard ships?

Answer given by Mr Kinnock on behalf of the Commission (29 November 1996)

Recent studies do suggest that savings arising from the use of ships that are below internationally accepted standards outweigh the risks involved for owners and operators. This is of serious concern to the Commission which is continuing to seek ways and means to improve the performance not only of operators of vessels (especially where currently sub-standard ships are involved) but also maritime administrations which, for one reason or another, do not live up to their obligations as flag states.

Currently the Community's most effective tool in its efforts to eradicate the operation of ships with a substandard safety level is Council Directive 95/21/EC on port state control ((OJ L 157, 7.7.1995. )) which had to be implemented by 1 July 1996. The Directive strengthens the concept of port state control by establishing uniform and higher standards for Member States' inspection of ships using Community waters and provides all the essential mechanisms to ensure that the international safety and social standards are observed. Therefore, an effective and coherent enforcement of this instrument is now considered a priority for the Commission and it is believed that it will contribute significantly to maritime safety.

The Commission will naturally continue with its efforts in international bodies and elsewhere to support the establishment and enforcement of high standards of safety and operation of ships.