do-me/EUR-LEX huggingface dataset:
WRITTEN QUESTION No. 2609/97 by José TORRES COUTO to the Commission. Swedish multinational wants to bring proceedings against the Portuguese pharmaceutical industry
Date: 1997-09-01
Institutions: European Parliament, TORRES COUTO
Subjects: Portugal, Sweden, application of EU law, competition law, complaint to the Commission, infringement of EU law, pharmaceutical industry, pharmaceutical legislation, restriction on competition













EUR-Lex - 91997E2609 - EN






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91997E2609

WRITTEN QUESTION No. 2609/97 by José TORRES COUTO to the Commission. Swedish multinational wants to bring proceedings against the Portuguese pharmaceutical industry  


Official Journal C 102 , 03/04/1998 P. 0071 





WRITTEN QUESTION E-2609/97 by José Torres Couto (PSE) to the Commission (1 September 1997)Subject: Swedish multinational wants to bring proceedings against the Portuguese pharmaceutical industryThe Swedish pharmaceutical group Astra has lodged a complaint with the European Commission against Portugal, because of an alleged infringement of Community Directive 65/65/EEC ((OJ 22, 9.2.1965, p. 369. )). The Astra group has brought proceedings against various Portuguese laboratories, in particular Medinfar, which is based in Amadora, and it lost. The group's aim is to eliminate competition from Portuguese pharmaceuticals in the treatment of gastric and intestinal ulcers and to protect Astra's monopoly, which is worth around Esc. 5 billion per year.Various reports suggest that the Commission might be involved in the proceedings against the Portuguese Government, although the Astra group's sole objective is to protect its market.Can the Commission therefore say what its position is on this case and whether under the pretext of competition policy it is possible to carry out actions of this kind, whose only purpose is to perpetuate monopolistic positions and prevent Southern European countries from maintaining their pharmaceutical industry?Answer given by Mr Bangemann on behalf of the Commission (29 September 1997)The matter raised by the Honourable Member seems to refer to a complaint which has been lodged with the Commission concerning an alleged infringement of Community pharmaceutical legislation by Portugal.According to the complainant, the Portuguese competent authorities have granted marketing authorisations for medicinal products that are based on evidently false pharmaceutical quality documentation or on insufficient scientific documentation. The Commission is carefully investigating the issue and a letter asking for clarification on the issue was sent to Portugal recently.The sole aim of the infringement procedure is to ensure that Community pharmaceutical legislation is fully respected.
WRITTEN QUESTION No. 2666/97 by Klaus LUKAS to the Council. Duty-free sales
Date: 1997-09-01
Institutions: European Parliament, LUKAS
Subjects: customs regulations, duty-free sale, intra-EU transport, job creation, job cuts, labour market, personal effects, single market, traveller

3. 4. 98

EN

Official Journal of the European Communities

C 102/85

Answer given by Mr Fischler on behalf of the Commission

(13 October 1997)

The Commission has examined the report cited by the Honourable Member. The report will now be submitted to
the Commission(cid:146)s scientific advisers for an opinion.

(98/C 102/122)

WRITTEN QUESTION E-2666/97

by Klaus Lukas (NI) to the Council

(1 September 1997)

Subject: Duty-free sales

The Council has decided that duty-free sales should cease in 1999. The stated reason is that duty-free sales are not
logically compatible with the internal market.

What is the purpose of this decision?

Could this purpose be achieved by less drastic means?

If so, what measures might be considered sufficient?

If not, why not?

How do duty-free sales hamper the proper functioning of the internal market?

What was the basis for the Council(cid:146)s decision?

How many jobs in the EU are affected by this Council decision?

What was the Council(cid:146)s assessment of the decision(cid:146)s impact on employment?

What is the Council(cid:146)s present assessment of the decision(cid:146)s impact on employment?

How can the Council justify the destruction of thousands of jobs on purely ideological grounds?

Will the Council create replacement jobs for the people who have been deprived of them by this ideologically
motivated decision?

If so, when and where will these jobs be created?

How will the creation of these jobs be funded?

If not, how can such decisions be reconciled with the numerous statements by all manner of Councils that they
will do everything in their power to create jobs?

(98/C 102/123)

WRITTEN QUESTION E-2752/97

by Kyo¤sti Virrankoski (ELDR) to the Council

(1 September 1997)

Subject: Tax-free sales

Tax-free sales on ships and aircraft travelling within the EU will in all likelihood cease in 1999.

In the case of Finland this means that car ferries sailing either to Tallinn or via the ¯land Islands to Sweden will
be able to retain this advantage but ferries sailing directly to Sweden will loose it. Vessels operating out of Vaasa
and Pietarsaari/Jakobstad will be among the losers. Ending such sales threatens the closure of all these routes as
uneconomic, resulting in irreparable damage to transport links throughout central Finland.

The conditions of competition would also be seriously distorted, which runs counter to the basic principles of the
EU.

What  action  does  the  Council  intend  to  take  to  prevent  the  distortion  of  competition,  uphold  transport  links
between the Member States and ensure the continuation of tax-free sales?
WRITTEN QUESTION No. 2752/97 by Kyösti VIRRANKOSKI to the Council. Tax-free sales
Date: 1997-09-01
Institutions: European Parliament, VIRRANKOSKI
Subjects: Finland, aircraft, duty-free sale, intra-EU transport, personal effects, restriction on competition, road network, single market, traveller, vessel

C 102/86

EN

Official Journal of the European Communities

3. 4. 98

Joint answer
to Written Questions E-2666/97 and E-2752/97

(7 November 1997)

The  Council  would  ask  the  Honourable  Members  to  kindly  refer  to  the  reply  given  to  Written  Question
No E-1515/97 (1).

(1)  See page 3.

(98/C 102/124)

WRITTEN QUESTION E-2667/97

by Alexandros Alavanos (GUE/NGL) to the Commission

(1 September 1997)

Subject: Survival and protection of the Cretan tracker dog

The  (cid:145)Cretan  tracker(cid:146)  is  a  Cretan  dog  to  which  there  are  countless  references  in  ancient  literature  as  well  as
pictorial representations testifying to its presence on the island since Minoan times. These descriptions together
with  later  accounts  written  by  travellers  to  the  region  are  highly  admiring  of  the  dog(cid:146)s  tracking  ability,  its
relationship to people and its unique appearance.

As this species of dog › which is part of the historic fauna of Crete › is falling in numbers day by day and is
liable to die out, will the Commission say:

1.  what measures could be taken to classify the Cretan tracker dog as an animal in danger of extinction, and

2.  what other measures could be taken to provide funding to protect the dog and help it survive?

Answer given by Mrs Bjerregaard on behalf of the Commission

(3 October 1997)

Council Directive 92/43/EEC (1) on the conservation of natural habitats and of wild fauna and flora lists habitat
types  and  species,  including  animal  species  in  danger  of  extinction,  requiring  special  management  and
conservation actions. The Cretan tracker dog is not included in these annexes which only refer to wild species.

Work  on  protection  and  preservation  of  the  Cretan  tracker  dog  would  not  be  eligible  for  support  under
Regulation (EC) No 1467/94 on the conservation, characterisation, collection and utilisation of genetic resources
in agriculture (2).

(1)  OJ L 206, 22.7.1992.
(2)  OJ L 159, 28.6.1994.

(98/C 102/125)

WRITTEN QUESTION E-2669/97

by Kirsi Piha (PPE) to the Commission

(1 September 1997)

Subject: Problems with the announcement of the Commission(cid:146)s Agenda 2000 programme

On 16 July 1997, the Commission announced to the European Parliament the Agenda 2000 programme, which
contains  opinions  about  the  state  of  readiness  of  the  individual  applicant  countries  to  enter  into  accession
negotiations with the European Union. However, anyone who had been following the media would have known
the substance of the opinions well in advance, as European news agencies, referring to Commission sources, had
carried details of the assessment.
WRITTEN QUESTION No. 2825/97 by Ria OOMEN-RUIJTEN to the Commission. Trade in anabolic steroids
Date: 1997-09-01
Institutions: European Parliament, OOMEN-RUIJTEN
Subjects: Netherlands, Spain, export licence, hormone, marketing, marketing restriction, public health, single market

C 82/146

EN

Official Journal of the European Communities

17. 3. 98

(98/C 82/233)

WRITTEN QUESTION E-2825/97

by Ria Oomen-Ruijten (PPE) to the Commission

(1 September 1997)

Subject: Trade in anabolic steroids

Is the Commission aware that trade in anabolic steroids, which is allowed in Spain but banned in the Netherlands,
is distorting the internal market and jeopardizing public health protection?

Under what conditions is the trade in Spain permitted (is prescription required, is export allowed)?

What arrangements does the Commission have in mind to bring about uniform European regulations ensuring
comprehensive health protection?

Answer given by Mr Bangemann on behalf of the Commission

(10 October 1997)

The Commission is collecting the information it needs to answer the question. It will communicate its findings as
soon as possible.

(98/C 82/234)

WRITTEN QUESTION E-2828/97

by Graham Watson (ELDR) to the Commission

(1 September 1997)

Subject: Building societies(cid:146) share distribution schemes following conversion to plc status

In recent times a number of UK building societies have converted to plc status. Members of building societies
under the age of 18 years are often precluded from enjoying the benefit of share distribution schemes; instead,
they are entitled to a statutory cash bonus scheme. This means many (cid:145)Under-18s(cid:146) shareholders receive a sum of
money less than the value of shares allocated to an adult member in the same position.

Will  the  Commission  investigate  the  criteria  for  such  share  distribution  award  schemes  which  appear  to
discriminate against members who are under 18 years old?

Answer given by Mr Monti on behalf of the Commission

(6 October 1997)

The Commission has no jurisdiction to deal with the question asked, which is a matter solely for the national
authorities concerned.

(98/C 82/235)

WRITTEN QUESTION E-2837/97

by Eolo Parodi (UPE) and Giancarlo Ligabue (UPE) to the Commission

(1 September 1997)

Subject: Monitoring procedure for state aids

On 25 February 1997, draft law No 3270 on the restructuring of road transport and the development of intermodal
systems  was  submitted  to  the  Italian  parliament.  In  accordance  with  Article  93(3)  of  the  Treaty,  the  Italian
Government forwarded the draft law to Directorate-General VII to enable it to assess whether the text of the law
complied  with  European  rules  in  force,  in  particular  Regulation  1107/70 (1),  last  amended  by  Regulation
543/97 (2), on the granting of aids for transport by rail, road and inland waterway.
WRITTEN QUESTION No. 2815/97 by Pervenche BERES to the Commission. Invalidity card
Date: 1997-09-01
Institutions: BERES, European Parliament
Subjects: EU national, administrative formalities, disability insurance, health card, physically disabled person, social-security harmonisation

C 82/144

EN

Official Journal of the European Communities

17. 3. 98

(98/C 82/229)

WRITTEN QUESTION E-2806/97

by Mark Watts (PSE) to the Commission

(1 September 1997)

Subject: Road accident statistics

Will the Commission provide a breakdown of both the total numbers and as a ratio to population the number of
children:

1.  Killed

2.  Seriously injured

3.  Slightly injured

in each Member State for the last available comparable year?

Answer given by Mr Kinnock on behalf of the Commission

(17 September 1997)

The Commission can provide a detailed breakdown of children killed, seriously injured and slightly injured per
age group in so far as this information is gathered by the Member States.

However, it should be borne in mind that a proper interpretation of these statistics should take into account the
different definitions used in Member States as well as the different levels of reporting.

As the requested information comprises several pages of statistics and explanatory notes, it is sent direct to the
Honourable Member and to Parliament(cid:146)s Secretariat.

(98/C 82/230)

WRITTEN QUESTION E-2807/97

by Mark Watts (PSE) to the Commission

(1 September 1997)

Subject: Rail freight

Will the Commission provide a breakdown of the proportion of freight carried by rail by Member State for the
last available comparable year?

Answer given by Mr Kinnock on behalf of the Commission

(9 October 1997)

The Commission is sending direct to the Honourable Member and to Parliament(cid:146)s Secretariat a table containing
the information requested.

(98/C 82/231)

WRITTEN QUESTION E-2815/97

by Pervenche Bere‘s (PSE) to the Commission

(1 September 1997)

Subject: Invalidity card

Does the Commission plan to propose a harmonization of the invalidity cards issued in Member States in the
form of a single card which Community citizens could use throughout Europe?
WRITTEN QUESTION No. 2734/97 by Bryan CASSIDY to the Commission. Publication of Amsterdam Treaty in the Official Journal
Date: 1997-09-01
Institutions: CASSIDY, European Parliament
Subjects: EU publication, European treaties, Official Journal, Treaty on European Union, access to EU information, dissemination of EU information

17. 3. 98

EN

Official Journal of the European Communities

C 82/133

Answer given by Mr Santer on behalf of the Commission

(6 October 1997)

The Commission extends its deepest sympathy to the victims of the torrential rain and hail which flooded the
town of Palencia (Castile-Leon) during the night of 15 July 1997. It is aware of the serious hardship suffered by
the inhabitants of Palencia and the surrounding area, both in industrial and farming terms.

With  regard  to  emergency  Community  aid  for  the  victims  of  disasters,  the  Commission  would  remind  the
Honourable Members that heading B4-3400 of the 1997 budget has not been allocated the funds with which any
immediate action could be taken.

(98/C 82/215)

WRITTEN QUESTION P-2729/97

by Marianne Thyssen (PPE) to the Commission

(30 July 1997)

Subject: Compensation scheme for Dutch filling station managers on the Belgian and German borders

It appears that on 23 July 1997 a scheme came into force for Dutch filling station managers on the Belgian and
German  borders  which  compensates  them  for  the  losses  suffered  from  an  increase  in  tax  on  petrol  in  the
Netherlands.

Can  the  Commission  say  whether  this  scheme,  which  is  not  generally  applicable  to  the  Netherlands  but  is
geographically restricted to the border areas, is in line with European rules on competition?

Answer given by Mr Van Miert on behalf of the Commission

(11 September 1997)

The scheme referred to by the Honourable Member could constitute state aid under Article 92 of the EC Treaty
and  should  ›  unless  it  meets  the  criteria  of  the  de  minimis  rule  currently  in  force (1)  ›  be  notified  to  the
Commission in accordance with Article 93(3). The Commission was not, however, aware of the scheme. It has
contacted the Member State concerned and will be certain to inform the Honourable Member of the results of its
enquiries.

(1)  OJ C 68, 6.3.1996.

(98/C 82/216)

WRITTEN QUESTION E-2734/97

by Bryan Cassidy (PPE) to the Commission

(1 September 1997)

Subject: Publication of Amsterdam Treaty in the Official Journal

The  Maastricht  Treaty  was  signed  on  7  February  1992.  Publication  of  the  integrated  text  of  the  Treaty  of
Maastricht  and  the  Treaty  of  Rome  was  not  in  the  Official  Journal  until  31  August  1992  (ref.  C  224).  This
integrated text showed the changes arising from Maastricht in bold italic type. It was (cid:145)user-friendly(cid:146).

During this delay of 6 months, Ireland and Denmark held referenda. As a result of the delayed publication of the
integrated text, citizens of those Member States were not as well informed as they should have been. Nor were
national parliaments.

When  does  the  Commission  propose  to  publish  in  the  OJ  the  full  integrated  texts  of  the  Treaties  following
Amsterdam?
WRITTEN QUESTION No. 2625/97 by Christine ODDY to the Commission. Animal welfare
Date: 1997-09-01
Institutions: European Parliament, ODDY
Subjects: France, Islam, animal welfare, customs and traditions, equidae, protection of animals, sheep, slaughter of animals

25. 2. 98

EN

Official Journal of the European Communities

C 60/139

Under  Article  3(5)  of  Regulation  (EEC)  No  2158/92  any  forestry  measure  granted  Community  financial
assistance that is located in a high risk zone must be in line with the fire protection plan for that zone.

Since the entire territory of Greece was classed as a high-risk zone by the Commission on 24 June 1993, all
forestry  measures  approved  for  Greece  under  Cohesion  Fund  provisions,  under  the  regional  development
programmes  (national  operational  programme  for  agriculture  under  the  Community  support  framework  and
regional operational programmes) and under the provisions on aid for afforesting agricultural land (Regulation
(EEC) No 2080/92 instituting a Community aid scheme for forestry measures in agriculture (3)) must meet that
requirement.

(1)  OJ L 217, 31.7.1992.
(2)  OJ L 51, 21.2.1997.
(3)  OJ L 215, 30.7.1992.

(98/C 60/229)

WRITTEN QUESTION E-2625/97

by Christine Oddy (PSE) to the Commission

(1 September 1997)

Subject: Animal welfare

Is the Commission aware that thousands of sheep are slaughtered in France every April to satisfy the rituals of the
Eid-el-Kabir festival? A similar fate befalls many horses imported for slaughter from Eastern Europe.

The European Union has outlawed this type of activity but the practice still continues.

What does the Commission propose to do to enforce the protection laid down to ensure humane treatment of all
animals?

Answer given by Mr Fischler on behalf of the Commission

(18 September 1997)

The  Commission  would  refer  the  Honourable  Member  to  its  answer  to  Written  Question  E-1690/97  by
Mr Watts (1).

(1)  OJ C 45, 10.2.1998, p. 81.

(98/C 60/230)

WRITTEN QUESTION P-2703/97

by Luigi Florio (UPE) to the Commission

(28 July 1997)

Subject: Respect for the rights of citizenship in the case of the descendants of the House of Savoy

1.  Does  the  Commission  consider  that  the  XIIIth  transitional  provision  of  the  Constitution  of  the  Italian
Republic (which prohibits male descendants of the former kings of the House of Savoy from setting foot in
Italy) is compatible with the rights attached to the institution of Union citizenship introduced in the Treaty of
Maastricht  and,  more  generally,  with  the  principles  of  liberty  and  tolerance  on  which  the  process  of
European integration is based?

2. 

If so, does the Commission consider that exile -which is not applied in the European Union to anyone except
the persons in question- is a measure that can be adopted to any useful purpose by any European State in
relation to any of its citizens, whether living or as yet unborn?
WRITTEN QUESTION No. 2615/97 by Jean-Thomas NORDMANN to the Commission. Establishment of a large retail centre
Date: 1997-09-01
Institutions: European Parliament, NORDMANN
Subjects: EU law - national law, France, independent retailer, shopping centre, supermarket

C 158/10

EN

Official Journal of the European Communities

25. 5. 98

In particular, as the windfall tax is also being levied on the British Airports Authority, does the Commission
believe  that  the  proposed  tax  is  contrary  to,  or  against  the  spirit  of,  Article  129c  of  the  Treaty  concerning
Trans-European Networks?

Answer given by Mr Monti on behalf of the Commission

(10 November 1997)

The  Commission  is  aware  that  the  United  Kingdom  recently  introduced  a  special  tax  ((cid:145)windfall  tax(cid:146))  on  the
excess profits arising from the floating of the privatised companies on the stock exchange.

It  would  remind  the  Honourable  Member  that  under  Community  law  as  it  now  stands  Member  States  are  in
principle free to set the rates and conditions for the taxation of companies, provided that the principles of equal
treatment and non-discrimination are observed within the framework of the basic freedoms provided for in the
Treaty.

From the information in its possession, the Commission cannot detect any infringement of Community law in
this respect.

(98/C 158/13)

WRITTEN QUESTION E-2563/97

by Cristiana Muscardini (NI) to the Council

(28 July 1997)

Subject: Freedom of movement for all EU citizens

Does  the  Council  consider  it  necessary  to  inform  the  Italian  Prime  Minister,  possibly  through  its  own
President-in-Office that, because of a temporary clause which has now been in force almost 50 years, the Italian
Republic(cid:146)s present constitution contravenes the Universal Declaration on Human Rights and the provisions of
the Maastricht Treaty on freedom of movement for people in the EU › both of which were signed by Italy › and
also goes against ordinary common sense? This clause obliges Rai TV, the Italian state TV and radio network, to
commit vast sums of money in order to despatch a crew and staff to Geneva every week so that a member of its
staff › Mr Savoia Emanuele Filiberto, a well known sports commentator › can do his job there, because this
clause in the Constitution bans him › and his father, the businessman Mr Savoia Vittorio Emanuele, › from
entering Italy.

Answer

(26 January 1998)

It is not for the Council to give an opinion on a clause in a Member State(cid:146)s constitution.

(98/C 158/14)

WRITTEN QUESTION E-2615/97

by Jean-Thomas Nordmann (ELDR) to the Commission

(1 September 1997)

Subject: Establishment of a large retail centre

Has the Commission examined the compatibility with Articles 5, 52 and 59 of the Treaties of the French law of
5  July  1996  on  the  conditions  for  the  establishment  of  a  large  retail  centre  (ensemble  commercial)?  What
conclusions has it drawn?