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WRITTEN QUESTION No. 391/98 by Leoluca ORLANDO to the Commission. Failure of the Italian authorities to incorporate Directive 93/42/EEC
Date: 1998-02-16
Institutions: European Parliament, ORLANDO
Subjects: Italy, dental medicine, national implementing measure, paramedical profession, technical profession

C 304/90

EN

Official Journal of the European Communities

2. 10. 98

3.
A Council directive, which takes into account the latest scientific and technological data, was also adopted
in  1996,  namely  Directive  96/29/Euratom,  of  13  May  1996,  laying  down  the  basic  safety  standards  for  the
protection of the health of workers and the general public against the dangers arising from ionizing radiation (1).

Nuclear plants situated in the territory of Member States, including the specific nuclear plant referred to in
4.
the question, are therefore subject to Community legislation aiming at ensuring their operation at the lowest risk
possible. The implementation of these provisions is of the competence of the Member State concerned.

(1)  OJ L 159, 29.6.1996, p. 1.

(98/C 304/135)

WRITTEN QUESTION P-0391/98

by Leoluca Orlando (V) to the Commission

(16 February 1998)

Subject: Failure of the Italian authorities to incorporate Directive 93/42/EEC

Five years after the adoption of Directive 93/42/EEC (1) which lays down the professional profile and ways of
practising as a dental technician, Italy has still not incorporated it, thus creating a legislative void that condemns
Italian  dental  technicians  to  a  situation  of  serious  hardship  by  maintaining  in  force  provisions  that  are  now
obsolete and lacking in terms of health protection, technological and business organization standards.

Does the Commission intend to make representations to the Italian authorities so that they become aware of the
delay in incorporating Directive 93/42/EEC and of the stage reached in drafting legislation to incorporate it?

(1)  OJ L 169, 12.7.1993, p. 1.

Answer given by Mr Bangemann on behalf of the Commission

(9 March 1998)

Italy transposed Directive 93/42/EEC on medical devices by means of the (cid:145)decreto legislativo(cid:146) of 24 February
1997 two and a half years after the deadline set for transposing that directive.

The Commission is examining the conformity of that Italian transposition.

Any matters connected with any hardship suffered as a result of that delay in transposition should be addressed to
the national authorities.

(98/C 304/136)

WRITTEN QUESTION E-0393/98

by Daniela Raschhofer (NI) to the Commission

(24 February 1998)

Subject: Taking mountain regions into account in connection with the reform of the Structural Funds

Mountain areas, and in particular the Alps, are amongst the most sensitive regions of the EU. The economic,
structural, social and cultural problems of these regions have already been highlighted in connection with the
reform of the Structural Funds, and attention has been drawn to the need for a coordinated regional development
policy with lasting positive effects.

Are there plans for mountain regions to be covered by a specific Objective after the reform of the Structural
Funds?
WRITTEN QUESTION No. 460/98 by Shaun SPIERS to the Commission. Welfare of laying hens
Date: 1998-02-16
Institutions: European Parliament, SPIERS
Subjects: animal welfare, intensive livestock farming, laying poultry

C 402/12

Official Journal of the European Communities

EN

22.12.98

On 6-7th April 1998 a scientific meeting organized and supported by the Commission has been held on the
unresolved problem of the persistence of classical swine fever in wild boar in some areas of Germany, Italy and
France. This matter will be further discussed at the standing veterinary committee and at the scientific veterinary
committee, with the aim to review the adequacy of the measures adopted so far.

The economic losses due to the occurrence of the epidemic are difficult to estimate with precision. The affected
Member States compensate the sanitary slaughtering of the pigs in case of outbreak. The Community reimburses
50 % of such costs (estimate of Community participation for 1997 outbreaks: 116.8 MECU). Furthermore the
Commission has adopted several decisions laying down exceptional market support measures in the Member
States affected by the disease. The measures are reimbursed at 70 % by the Community (Community participation
for 1997: 497.59 MECU).

(1) OJ L 47, 21.2.1980.

(98/C 402/012)

WRITTEN QUESTION P-0460/98

by Shaun Spiers (PSE) to the Commission

(16 February 1998)

Subject: Welfare of laying hens

When does the Commission intend to bring forward proposals on improving the welfare of laying hens?

Answer given by Mr Fischler on behalf of the Commission

(13 March 1998)

The Commission would refer the Honourable Member to its answer to Written Question E-115/98 by
Mrs Pollack (1).

(1) OJ C 304, 2.10.1998, p. 33.

(98/C 402/013)

WRITTEN QUESTION E-0469/98

by Richard Howitt (PSE) to the Commission

(27 February 1998)

Subject: The role of guidelines in agreeing structural funds programmes, as agreed at the informal Council in

Ireland (14-15.11.1996)

What is the Commission(cid:146)s own evaluation of the extent to which guidelines published by the Commission affect
actual programmes within the Member States? What process is the Commission undertaking to make such an
evaluation? Is it the Commission(cid:146)s intention to include the continuation of such guidelines within its proposed
new structural fund programmes? If so, what new consultation will take place about the guidelines, and by what
date does the Commission expect to approve them?

Answer given by Mrs Wulf-Mathies on behalf of the Commission

(6 April 1998)

As indicated in the Commission(cid:146)s document issued on 30 May 1997 (1), the guidelines, together with the
intermediate evaluations of programmes, would form the basis for adjustments in the framework of the overall
mid-term review of the six year programmes 1994-1999.
Commission Regulation (EC) No 366/98 of 16 February 1998 amending Regulation (EC) No 1773/97 on a special intervention measure for cereals in Finland and Sweden
Date: 1998-02-16
Institutions: European Commission
Subjects: Finland, Sweden, export refund, market intervention, oats

17. 2. 98

‹

EN

‹

Official Journal of the European Communities

L 46/3

COMMISSION REGULATION (EC) No 366/98

of 16 February 1998

amending Regulation (EC) No 1773/97 on a special intervention measure for
cereals in Finland and Sweden

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 1766/92
of 30 June 1992 on the common organisation of the
market
in cereals (1), as last amended by Commission
Regulation (EC) No 923/96 (2),

Having regard to Commission Regulation (EC) No
1501/95 of 29 June 1995 laying down certain detailed
rules for the application of Council Regulation (EEC) No
1766/92 on the granting of export refunds on cereals and
the measures to be taken in the event of disturbance on
the market for cereals (3), as last amended by Regulation
(EC) No 2052/97 (4),

Whereas Commission Regulation (EC) No 1773/97 (5), as
last amended by Regulation (EC) No 268/98 (6), opens an
invitation to tender for the refund for the export of oats
produced in Finland and Sweden to all third countries;
is appropriate to
whereas,
increase the quantity put up for tender;

in the present situation,

it

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

Article 1 (1) of Regulation (EC) No 1773/97 is hereby
amended as follows:

‘1.
A special intervention measure in the form of an
export refund shall be implemented in respect of
500 000 tonnes of oats produced in Finland and
Sweden and intended for export from Finland and
Sweden to all third countries.

Article 13 of Regulation (EEC) No 1766/92 and the
provisions adopted for the application of that Article
shall apply, mutatis mutandis, to the said refund.’

Article 2

This Regulation shall enter into force on the day of its
publication in the Official Journal of the European
Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 16 February 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 181, 1. 7. 1992, p. 21.
(2) OJ L 126, 24. 5. 1996, p. 37.
(3) OJ L 147, 30. 6. 1995, p. 7.
(4) OJ L 287, 21. 10. 1997, p. 14.
(5) OJ L 250, 13. 9. 1997, p. 1.
(6) OJ L 25, 31. 1. 1998, p. 76.
WRITTEN QUESTION No. 415/98 by Yvan BLOT to the Commission. Payment periods in commercial transactions
Date: 1998-02-16
Institutions: BLOT, European Parliament
Subjects: EC Directive, claim, competition law, drafting of EU law, financial solvency, financial transaction, payment, proposal (EU), report













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91998E0415

WRITTEN QUESTION No. 415/98 by Yvan BLOT to the Commission. Payment periods in commercial transactions  


Official Journal C 310 , 09/10/1998 P. 0060 





WRITTEN QUESTION P-0415/98 by Yvan Blot (NI) to the Commission (16 February 1998)Subject: Payment periods in commercial transactionsThe Commission has presented a communication on payment periods in commercial transactions, which incorporates some of the suggestions in the study it commissioned from the debt recovery company Intrum Justicia, which acted both as judge and judged in the matter. The communication and planned proposal for a directive envisage competition between debt recovery bodies and lawyers involved in debt recovery.1. Can the Commission explain why it wants to introduce this competition and what improvements it is anticipating, seeing that it is not the lawyers' status and skills that are being called into question but slow national legal procedures?2. Does the Commission think that individual interests will be equally well protected when commercial companies that are not subject to rules of professional conduct are involved?3. Will the Commission state the legal basis for the proposal for a directive?Is the Commission not exceeding its rights in proposing a text that makes radical changes in certain Member States' legal organization and law of procedure, since this is clearly outside its remit?4. Can the Commission give full details of possible alternative methods of improving recovery times in commercial transactions?Answer given by Mr Papoutsis on behalf of the Commission (5 May 1998)The Commission would like to state at the outset that it formulated its report on late payments in commercial transactions ((OJ C 216, 17.7.1997. )) after having proceeded to a wide consultation exercise during which 80% of those expressing an opinion were in favour of Community legislation on late payments. This included an open hearing at which representatives of various professions including the legal profession gave their opinion. While the Commission has cited statistical material from various studies, no external organisation has played a part in the decision-making procedure.The Commission agrees with the Honourable Member that the quality and competence of the legal profession is not in question. It merely wants to ensure that creditors to whom payment is overdue have access to rapid, efficient and inexpensive redress procedures enabling them to obtain payment and compensation for damages.The Commission has decided not to address the question of competition between lawyers and debt collection agencies in its proposal for a directive on late payment ((COM(1998) 126 final. )).