WRITTEN QUESTION P-0931/00 by Eija-Riitta Korhola (PPE-DE) to the Commission. Participation of research partners from developing countries in environmental research programmes funded by the EU.
Date: 2000-03-22
Institutions: European Parliament, Provisional data
Subjects: EU research policy, developing countries, environmental cooperation, environmental research, research staff

C 374 E/188

Official Journal of the European Communities

EN

28.12.2000

In Germany, the law also states that a private company or partnership is required to publish its accounts,
but if it does not, it is subject to a small fine. It appears that many German companies prefer to pay the
fine and not publish their accounts, because they do not wish to give their competitors a commercial
advantage.

Can the Commission please advise:

1. Whether it considers this discrepancy in national legislation to contravene internal market principles,

since it provides an unfair competitive advantage to certain categories of company?

2. Whether the competitive disadvantage of UK private companies is reflected in other countries, apart

from Germany?

3.

If the answer to 1 is affirmative, what action it proposes to take to address the problem?

Answer given by Mr Bolkestein on behalf of the Commission

(14 April 2000)

The Commission does view as a breach of internal market principles the failure by national authorities to
ensure the publication of annual accounts by limited companies (as required by the First Council Directive
68/151/EEC of 9 March 1968 on co-ordination of safeguards which, for the protection of the interests of
members and others, are required by Member States of companies within the meaning of the second
paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the
Community (1) and Fourth Council Directive 78/660/EEC of 25 July 1978 on Article 54(3)(g) of the Treaty
on the annual accounts of certain types of companies (2)).

For this reason,
infringement proceedings were launched against Germany in relation to its failure to
impose appropriate sanctions against companies which fail to file their annual accounts as required by
Articles 2(1)(f), 3 and 6 of Council Directive 68/151/EEC and Article 47(1) of Council Directive 78/660/
EEC.

The Court of justice gave a judgement in the Commission(cid:146)s favour on the 28 September 1998 (Case C-191/
95) stating that (cid:145)(cid:133) by failing to provide for appropriate penalties in cases where companies limited by
shares fail to effect compulsory disclosure of their annual accounts as prescribed, in particular, by Articles
2(1)(f), 3 and 6 of the First Directive, in conjunction with Article 47(1) of the Fourth Directive, the Federal
Republic of Germany has failed to fulfil its obligations under those directives(cid:146). Consequently, Germany is
currently adopting legislation which will rectify the situation.

The Commission is not aware of this problem existing in any other Member State.

(1) OJ L 65, 14.3.1968.
(2) OJ L 222, 14.8.1978.

(2000/C 374 E/221)

WRITTEN QUESTION P-0931/00

by Eija-Riitta Korhola (PPE-DE) to the Commission

(22 March 2000)

Subject: Participation of research partners from developing countries in environmental research pro-

grammes funded by the EU

The key to the development of developing countries is for those countries themselves to have the
opportunity to participate in development work, i.e. both in defining problems and in seeking solutions
to them. Hitherto the EU has not, on the whole, pursued this approach with regard to projects in the field
of science and technology which relate to developing countries.

28.12.2000

EN

Official Journal of the European Communities

C 374 E/189

The EU(cid:146)s framework programmes do not extend to developing countries. In other words, it is not possible,
for example, for partners from North Africa to participate in environmental science and technology
projects. Nothing prevents them from carrying out research, but there is no scope for funding, as
developing countries cannot join consortia in search of funding.

Why is this so (cid:129) surely, opportunities for Russia, for example, to participate have been increased?

Has the matter been considered with reference to the fact that, for instance, desertification problems in
North Africa or the problems of the Mediterranean are located on the EU(cid:146)s own doorstep?

In the form taken by funding, will the EU give greater responsibility to local researchers, to ensure that
action continues after the financing has ceased and that projects are not implemented without any input
from local researchers?

Answer given by Mr Busquin on behalf of the Commission

(14 April 2000)

The Commission fully endorses the Honourable Member(cid:146)s view regarding the role of research in the
development of developing countries and the fact that research should be demand-led and target the
problems of development in those countries.

The thematic programmes of the 5th framework programme do indeed allow for the participation of
developing countries, albeit without the possibility of Community funding (the situation is the same for
Russia), but this is progress over the 4th framework programme which was only open in part to them.

However, they do have two possibilities specially reserved for them under the horizontal programme
INCO: the INCO-DEV action which aims specifically at promoting scientific and technical cooperation
between the Community and all developing countries; and the INCO-MED action which concerns only the
Mediterranean countries involved in the areas specific to this region. The problem of water, including the
problems of desertification, is one of the central themes of INCO-MED.

These two programmes, with their ongoing dialogue with the representatives of these regions, link them
not only to the area of cooperation but also to selection of proposals, especially as regards their relevance
to the development of the region.

Furthermore, the methods of implementing INCO-DEV and INCO-MED not only authorise but actually
encourage initiatives from developing countries. In any case the participation of scientists from these
countries on an equitable basis is one of the conditions for eligibility of the proposals received under these
programmes.

One of the objectives is to help to increase the research capacities of these countries, through joint
research between them and the Community to help them take increasing charge of their role in their
development process.

(2000/C 374 E/222)

WRITTEN QUESTION E-0939/00

by Antonio Di Pietro (ELDR) to the Commission

Subject: Belgian legislation on clinical biology laboratories

(29 March 2000)

In Belgium, Royal Decree No 143 of 30 December 1982 stipulates that individuals who are not qualified
to carry out medical tests may not occupy any kind of supervisory position in clinical biology laboratories.