do-me/EUR-LEX huggingface dataset:
WRITTEN QUESTION No. 1896/98 by Freddy BLAK to the Commission. Legal aid in the internal market
Date: 1998-06-16
Institutions: BLAK, European Parliament
Subjects: EU Member State, economic aid, legal aid, national law, residence, single market













EUR-Lex - 91998E1896 - EN






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91998E1896

WRITTEN QUESTION No. 1896/98 by Freddy BLAK to the Commission. Legal aid in the internal market  


Official Journal C 013 , 18/01/1999 P. 0113 





WRITTEN QUESTION E-1896/98by Freddy Blak (PSE) to the Commission(16 June 1998)Subject: Legal aid in the internal marketIn Denmark, members of the public can in some cases receive legal aid in respect of proceedings in which they become involved. Free legal aid may be granted in special circumstances, and there are also a number of insurance schemes which may provide financial assistance towards contesting lawsuits. However, such arrangements do not apply if, for instance, a person is involved in a civil action outside the Member State of which he or she is a citizen. Will the Commission therefore state:1. Whether it is correct to say that, basically, private individuals in the EU have access to legal aid in respect of proceedings only in the Member State of which they are citizens and, even then, only if special arrangements exist in that Member State for providing such aid?2. Whether it agrees that this situation is an obstacle to free movement within the internal market?3. Whether it is able to take any steps to remedy this situation, and whether such steps have been taken?Answer given by Mr Monti on behalf of the Commission(29 July 1998)Legal aid in proceedings before national courts is governed by the laws of the Member States. However access to justice is a corollary to the freedoms of the EC Treaty and Article 6 of the EC Treaty prohibits discrimination on grounds of nationality. As a consequence, Union citizens must, in the exercise of their rights under the Treaty, have access to justice including access to possible legal aid, without discrimination on the basis of their nationality.Divergences in legal aid offered by various Member States cannot be regarded as discrimination in the meaning of Article 6 as long as legal aid is offered according to objective criteria and without regard to nationality.As guardian of the Treaty the Commission may intervene if there are issues of discrimination prohibited under Article 6 or other infringements of Community law. However, the Commission is not aware that any Member State would discriminate against nationals of other Member States as regards access to legal aid.
WRITTEN QUESTION No. 1895/98 by Richard HOWITT to the Commission. A13-M25 Wennington to Mardyke Road improvement scheme: concrete road surface
Date: 1998-06-16
Institutions: European Parliament, HOWITT
Subjects: concrete, noise protection, road building

C 118/6

Official Journal of the European Communities

EN

29.4.1999

Expansion of human settlements and especially construction activities in an uncontrolled manner in
environmentally sensitive territories can represent a significant risk factor and can induce natural
disasters. Spatial planning measures can help to promote sustainable land use patterns and avoid risk
of disasters. Member States together with the Commission are currently promoting spatial planning
through the elaboration of the (cid:145)European spatial development perspective(cid:146) as an official reference
document to guide actions in those fields.

As far as forest protection is concerned, all Member States have signed the resolutions of the Ministerial
Conferences on the protection of forests in Europe (Strasbourg 1990, Helsinki 1993, Lisbon 1998) and are
committed to the conservation and sustainable development of their national forest resources.

Forest policy is not a matter of Community competence. Nevertheless forestry is an integral part of rural
development. The Commission in the context of Agenda 2000 and in particular in its proposal concerning
rural development has reinforced the support measures to promote sustainable management and
development of forestry, conservation of forest resources, extension of woodland areas. This support
will contribute to the fulfilment of undertakings made by the Community and the Member States at
international level. It will be based on national forest plans as adopted in the Intergovernmental Panel on
Forests.

(1) OJ C 354, 24.11.1998.

(1999/C 118/006)

WRITTEN QUESTION E-1895/98

by Richard Howitt (PSE) to the Commission

(16 June 1998)

Subject: A13 › M25 Wennington to Mardyke Road improvement scheme: concrete road surface

Does the Commission accept that the use of concrete road surfacing produces more dust and higher noise
levels than any other type of road surfacing material? Would the Commission agree that the use of low-
noise or asphalt road surfaces should be standard practice across Europe, thus affording greater protection
for our environment, and providing a better quality of life for people living in close proximity to main road
networks?

Answer given by Mr Kinnock on behalf of the Commission

(3 September 1998)

Decisions on the use of concrete, asphalt or other pavement material for road construction depend on
factors such as stability of the foundations, general weather conditions, investment costs, maintenance
costs, road safety requirements, environmental requirements and the availability of materials.

National and local authorities responsible for road construction are best placed to decide what material is
most appropriate, for particular conditions and requirements.

The Commission is, therefore, not in a position to agree that the use of porous asphalt should be standard
practice across Europe.
Council Regulation (EC) No 1283/98 of 16 June 1998 amending Regulation (EC) No 65/98 fixing, for certain stocks of highly migratory fish, the total allowable catches for 1998, their distribution in quotas to Member States and certain conditions under which they may be fished
Date: 1998-06-16
Institutions: Council of the European Union
Subjects: EU Member State, authorised catch, catch quota, fishery management, fishing area, fishing regulations

23. 6. 98

EN

Official Journal of the European Communities

L 178/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1283/98

of 16 June 1998

amending Regulation (EC) No 65/98 fixing, for certain stocks of highly migratory
fish, the total allowable catches for 1998, their distribution in quotas to Member
States and certain conditions under which they may be fished

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 3760/92
of 20 December 1992 establishing a Community system
for fisheries and aquaculture (1) and in particular Article
8(4) thereof,

Having regard to the proposal from the Commission,

Whereas on 19 December 1997 the Council adopted
Regulation (EC) No 65/98 (2), laying down catch limita-
tions for bluefin tuna and for North Atlantic swordfish, in
order to implement recommendations adopted by the
the Conservation of
International Commission for
Atlantic Tuna (ICCAT);

Whereas ICCAT, at
its last annual meeting held in
Madrid from 14 to 21 November 1997, adopted a recom-
for South
mendation concerning catch limitations
to ensure the
Atlantic swordfish; whereas,

in order

the South Atlantic swordfish
rational exploitation of
stock, it is necessary to implement that recommendation;

Whereas it is therefore necessary to amend Regulation
(EC) No 65/98 accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

The table in the Annex shall be added to the Annex to
Regulation (EC) No 65/98.

Article 2

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

It shall apply from 1 January 1998.

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

Done at Luxembourg, 16 June 1998.

For the Council

The President

M. MEACHER

(1) OJ L 389, 31. 12. 1992, p. 1. Regulation as amended by the

1994 Act of Accession.

(2) OJ L 12, 19. 1. 1998, p. 145.

L 178/2

EN

Official Journal of the European Communities

23. 6. 98

ANNEX

Species: Swordfish

Xiphias gladius

Zone: Atlantic ocean, south of latitude 5 (cid:176)N

Belgi(cid:137)/Belgique
Danmark
Deutschland
Ekk(cid:145)da
Espa(cid:157)a
France
Ireland
Italia
Luxembourg
Nederland
(cid:153)sterreich
Portugal
Suomi/Finland
Sverige
United Kingdom

EC

TAC

5 848

385

6 233

14 620
WRITTEN QUESTION No. 1868/98 by Ernesto CACCAVALE to the Commission. Apparent illegality of the ban imposed by Campania on private consortia receiving Community funding
Date: 1998-06-16
Institutions: CACCAVALE, European Parliament
Subjects: Campania, EU financing, European Regional Development Fund, consortium, operational programme, private sector, public sector













EUR-Lex - 91998E1868 - EN






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91998E1868

WRITTEN QUESTION No. 1868/98 by Ernesto CACCAVALE to the Commission. Apparent illegality of the ban imposed by Campania on private consortia receiving Community funding  


Official Journal C 031 , 05/02/1999 P. 0091 





WRITTEN QUESTION E-1868/98by Ernesto Caccavale (UPE) to the Commission(16 June 1998)Subject: Apparent illegality of the ban imposed by Campania on private consortia receiving Community fundingMeasure 2.2 of the Campania regional operational programme provides for European Regional Development Fund assistance to public investment in industrial zones. Written Question E-1009/98(1) dealing with this issue was answered by Mrs Wulf-Mathies on behalf of the Commission.1. Is it true that measure 2.2 of the POP approved by the regional council and the Commission enabled both public and private consortia to receive 100 % funding and, if so, is it true to say that Campania can propose an amendment allowing private consortia access to the measure?2. Has Campania ever asked the Commission in writing for authorization to make such a change?3. Is the ban autonomously imposed by Campania on having recourse to funds provided for under national law to cover 50 % of the co-funding nonetheless legal?Answer given by Mrs Wulf-Mathies on behalf of the Commission(20 July 1998)Measure 2.2 (industrial areas) of the Campania Region Operational Programme for 1994-1999 stipulates that the beneficiaries of assistance must be public bodies and consortia. The measure's financing plan proposed by the Region and approved by the Commission provides for 100 % public funding, implying that only public bodies and consortia may receive assistance. If a share of public funding is to be allocated to private consortia, the Region must modify its financing plan in advance to include private financing.The Region proposed a change to the financing plan to the programme's Monitoring Committee at its meeting on 11 December 1997 to allow a private contribution of 50 % of the total in 1996. This change has not yet been notified to the Commission.The Campania Region is required to abide by and enforce the financing plan approved by the Commission for the programme. For this reason, even if the financing plan is modified, the Commission cannot accept that the share of private financing be covered by other public resources.(1) OJ C 402, 22.12.1998.
WRITTEN QUESTION No. 1901/98 by Glenys KINNOCK to the Commission. Victim support in the EU
Date: 1998-06-16
Institutions: European Parliament, KINNOCK
Subjects: crime, victim, welfare

C 13/114

Official Journal of the European Communities

EN

18.1.1999

arrangements do not apply if, for instance, a person is involved in a civil action outside the Member State of
which he or she is a citizen. Will the Commission therefore state:

1. Whether it is correct to say that, basically, private individuals in the EU have access to legal aid in respect of
proceedings only in the Member State of which they are citizens and, even then, only if special arrangements
exist in that Member State for providing such aid?

2. Whether it agrees that this situation is an obstacle to free movement within the internal market?

3. Whether it is able to take any steps to remedy this situation, and whether such steps have been taken?

Answer given by Mr Monti on behalf of the Commission

(29 July 1998)

Legal aid in proceedings before national courts is governed by the laws of the Member States. However access to
justice is a corollary to the freedoms of the EC Treaty and Article 6 of the EC Treaty prohibits discrimination on
grounds of nationality. As a consequence, Union citizens must, in the exercise of their rights under the Treaty,
have access to justice including access to possible legal aid, without discrimination on the basis of their
nationality.

Divergences in legal aid offered by various Member States cannot be regarded as discrimination in the meaning
of Article 6 as long as legal aid is offered according to objective criteria and without regard to nationality.

As guardian of the Treaty the Commission may intervene if there are issues of discrimination prohibited under
Article 6 or other infringements of Community law. However, the Commission is not aware that any Member
State would discriminate against nationals of other Member States as regards access to legal aid.

(1999/C 13/161)

WRITTEN QUESTION E-1901/98

by Glenys Kinnock (PSE) to the Commission

(16 June 1998)

Subject: Victim support in the EU

Would the Commission state whether organizations exist in Member States to support victims of crime through
counselling, supporting attendance at court, obtaining criminal compensation, and assisting families affected as a
result of crime?

Answer given by Mrs Gradin on behalf of the Commission

(17 July 1998)

The Commission is aware of the existence of victim support organizations in most if not all Member States. They
are all structured in different ways, depending on a broad range of reasons including their relationship with the
national victim support schemes. The Commission would refer the Honourable Member to the European forum
for victims services, an umbrella organization with participant organisations in most Member States.

(1999/C 13/162)

WRITTEN QUESTION E-1903/98

by Anne McIntosh (PPE) to the Commission

(16 June 1998)

Subject: Common fisheries policy

Will the Commission confirm that Finland, Sweden, Portugal and Spain will have unrestricted access to the North
Sea after 2002?
Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation fixing the basic price and defining the standard quality for pig carcases for the period 1 July 1998 to 30 June 1999 (COM(98)0051 C4- 0101/98 98/0049(CNS))(Consultation procedure)
Date: 1998-06-16
Institutions: Committee on Agriculture and Rural Development, European Parliament
Subjects: agri-monetary policy, basic price, carcase, marketing year, product quality, swine













EUR-Lex - 51998AP0216(17) - EN






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51998AP0216(17)

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation fixing the basic price and defining the standard quality for pig carcases for the period 1 July 1998 to 30 June 1999 (COM(98)0051 C4- 0101/98 98/0049(CNS))(Consultation procedure)  


Official Journal C 210 , 06/07/1998 P. 0071 





Proposal for a Council Regulation fixing the basic price and defining the standard quality for pig carcases for the period 1 July 1998 to 30 June 1999 (COM(98)0051 - C4-0101/98 - 98/0049(CNS))The proposal was approved with the following amendments:(Amendment 57)Recital 1a (new)>Original text>>Text following EP vote>Whereas an adjustment coefficient must be created with a view to maintaining equitable levels of income as between farmers in all European Union Member States in order to compensate for the possible disappearance of the green rate on 1 January 1999 for the Member States participating in the single currency;(Amendment 58)Article 1a (new)>Original text>>Text following EP vote>Article 1aIn order to ensure equitable levels of income as between farmers in all European Union Member States an adjustment coefficient shall be created with effect from 1 January 1999 to compensate for the possible disappearance of the green rate for Member States participating in the single currency.Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation fixing the basic price and defining the standard quality for pig carcases for the period 1 July 1998 to 30 June 1999 (COM(98)0051 - C4-0101/98 - 98/0049(CNS))(Consultation procedure)The European Parliament,- having regard to the Commission proposal to the Council, COM(98)0051 - 98/0049(CNS) ((OJ C 87, 23.3.1998, p. 26.)),- having been consulted by the Council (C4-0101/98),- having regard to Rule 58 of its Rules of Procedure,- having regard to the report of the Committee on Agriculture and Rural Development and the opinions of the Committee on Budgets, the Committee on External Economic Relations, the Committee on the Environment, Public Health and Consumer Protection and the Committee on Development and Cooperation (A4-0216/98),1. Approves the Commission proposal, subject to Parliament's amendments;2. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;3. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;4. Instructs its President to forward this opinion to the Council and Commission.9
WRITTEN QUESTION No. 1904/98 by Jesús CABEZÓN ALONSO to the Commission. The EU and the Helms-Burton Act
Date: 1998-06-16
Institutions: CABEZON ALONSO, European Parliament
Subjects: Cuba, EU relations, United States, World Trade Organisation, extra-territoriality, international law, international sanctions, ministerial meeting

11.12.98

EN

Official Journal of the European Communities

C 386/165

The remuneration of the members of the Commission comprises the following elements:

› a basic salary.

The basic salary of a member of the Commission equals 112.5 % of the basic salary of an official of grade of
A1/6, thus amounting to 617,756 BEF. For the vice-presidents of the Commission and for the President of the
Commission, the basic monthly salary equals 125 % and 138 % of the salary of a grade A1/6 official.

The basic salary of the members of the Commission is subject to a progressive tax, the maximum marginal
tax rate being 45 % and to a temporary contribution of 5.83 % on part of the salary. These taxes are the same
as provided by the Staff Regulations for the officials of the Commission, and are paid to the budget of the
Union. In addition, a contribution of 1.8 % of the salary is deducted for sickness and injury insurance.

› residence allowance of 15 % of the basic salary.

The members of the Commission are not entitled to the expatriation allowance (16 % of the basic salary) to
which the expatriate officials of the Commission are entitled

› a monthly representation allowance of 24 515 BEF.

Other allowances of the members of the Commission are the same as for the officials of the Commission, as
stipulated in the Staff Regulations, a copy of which is forwarded direct to the Honourable Member and to the
Secretariat General of the Parliament.

Based on these elements, the monthly net salary of a member of the Commission is calculated at 513 410 BEF.
This amount varies and can be increased by the household and child allowances.

(1) OJ L 351, 23.12.1997.

(98/C 386/227)

WRITTEN QUESTION E-1904/98

by Jesœs Cabez(cid:243)n Alonso (PSE) to the Commission

(16 June 1998)

Subject: The EU and the Helms-Burton Act

In the recent EU-US negotiations on the extraterritorial effects of the Helms-Burton Act, was an agreement
reached concerning a full derogation from the US extraterritorial legislation, or does the agreement refer only to a
temporary exemption for the EU from the effects of the laws concerned?

(98/C 386/228)

WRITTEN QUESTION E-1905/98

by Jesœs Cabez(cid:243)n Alonso (PSE) to the Commission

(16 June 1998)

Subject: EU-US agreement on the Helms-Burton Act

Does the agreement made public on 18 May 1998 between the EU Presidency, the Commission and the US
Presidency imply that, despite this agreement, those contents of the Helms-Burton Act which remain in force are
to be incorporated into Community law?

Does the Commission consider that this agreement guarantees the national sovereignty of all the Member States?
Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation fixing certain sugar prices and the standard quality of beet for the 1998/99 marketing year (COM(98)0051 C4-0087/98 98/0037(CNS)) (Consultation procedure)
Date: 1998-06-16
Institutions: Committee on Agriculture and Rural Development, European Parliament
Subjects: agri-monetary policy, intervention price, marketing year, sugar, sugar beet, target price













EUR-Lex - 51998AP0216(03) - EN






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51998AP0216(03)

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation fixing certain sugar prices and the standard quality of beet for the 1998/99 marketing year (COM(98)0051 C4-0087/98 98/0037(CNS)) (Consultation procedure)  


Official Journal C 210 , 06/07/1998 P. 0051 





Proposal for a Council Regulation fixing certain sugar prices and the standard quality of beet for the 1998/99 marketing year (COM(98)0051 - C4-0087/98 - 98/0037(CNS))The proposal was approved with the following amendments:(Amendment 14)Recital 3a (new)>Original text>>Text following EP vote>Whereas an adjustment coefficient must be created with a view to maintaining equitable levels of income as between farmers in all European Union Member States in order to compensate for the possible disappearance of the green rate on 1 January 1999 for the Member States participating in the single currency;Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation fixing certain sugar prices and the standard quality of beet for the 1998/99 marketing year (COM(98)0051 - C4-0087/98 - 98/0037(CNS))(Consultation procedure)The European Parliament,- having regard to the Commission proposal to the Council, COM(98)0051 - 98/0037(CNS) ((OJ C 87, 23.3.1998, p. 5.)),- having been consulted by the Council (C4-0087/98),- having regard to Rule 58 of its Rules of Procedure,- having regard to the report of the Committee on Agriculture and Rural Development and the opinions of the Committee on Budgets, the Committee on External Economic Relations, the Committee on the Environment, Public Health and Consumer Protection and the Committee on Development and Cooperation (A4-0216/98),1. Approves the Commission proposal, subject to Parliament's amendments;2. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;3. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;4. Instructs its President to forward this opinion to the Council and Commission.