Source: EURLEX
Language: en
Format: md

ISSN 0378-6986
# Official Journal C 137

Volume 39
### of the European Communities 8 May 1996

Volume 39

8 May 1996

##### Information and Notices

English edition

Notice No Contents p age

I Information

European Parliament

Written Questions with answer

96 / C 137 / 01

96 / C 137 / 02

96 / C 137 / 03

96 / C 137 / 04

96 / C 137 / 05

96 C 137 / 06

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##### EN

E-2013 / 95 by Phillip Whitehead to the Council
Subject : Administration of the Convention on the transfer of sentenced persons 1

E-2590 / 95 by Amedeo Amadeo to the Commission
Subject : Mountaineering accidents ( Supplementary answer ) 1

E-2642 / 95 by Gianni Tamino to the Commission
Subject : Failure to carry out an environmental impact assessment for the Bolzano — Merano
motorway ( Italy ) ( Supplementary answer ) 2

E-2773 / 95 by Tony Cunningham to the Commission
Subject : Rugby's Union discrimination against League players 2

E-2809 / 95 by Salvador Garriga Polledo to the Commission
Subject : Improvements in budgetary administration ( Supplementary answer ) 3

E-3 142 / 95 by Alexandros Alavanos to the Commission
Subject : The impact of mobile telephones on public health 3

E-3151 / 95 by Leen van der Waal to the Council
Subject : Meeting between an EU delegation and the Palestinian official Husseini in East
Jerusalem 4

P-3316 / 95 by Luigi Florio to the Council
Subject : EU boycott of the ' Jerusalem 3000 ' celebration 4

P-238 / 96 by Leonie van Bladel to the Council
Subject : Common position on the status of the Orient House in Jerusalem 5

Joint answer to Written Questions E-3151 / 95, P-3316 / 95 and P-238 / 96 5

( Continued overleaf )

Notice No Contents ( continued ) Page

96 / C 137 / 10

96 / C 137 / 11

96 / C 137 / 12

96 / C 137 / 13

E-3186 / 95 by Isidoro Sanchez Garcia to the Council
Subject : Fisheries agreement with Morocco 5

E-3196 / 95 by Honorio Novo to the Commission
Subject : New EU-Morocco trade agreement : impact on agriculture 5

E-3210 / 95 by Antonio Tajani to the Council
Subject : European Union funding for the Saharawi people 6

E-3217 / 95 by Armelle Guinebertière to the Council

Subject : Protecting small businesses 6

96 / C 137 / 14 E-3219 / 95 by Armelle Guinebertière to the Council
Subject : Harmonization and recognition of diplomas in the Union 7

96 / C 137 / 15

P-3223 / 95 by Daniel Cohn-Bendit to the Commission
Subject : Recognition of French academic doctorates in Germany 7

96 / C 137 / 16 E-3239 / 95 by Salvatore Tatarella to the Commission

Subject : Seizure of the fishing boat Lusitania 8

96 / C 137 / 17

96 / C 137 / 18

96 C 137 / 19

E-3241 / 95 by Cristiana Muscardini to the Council
Subject : Amendment of Regulation ( EEC ) No 1408 / 71 on social security for migrant workers 8

E-3242 / 95 by Cristiana Muscardini to the Council
Subject : Movement of goldsmith's ware, jewellery, and silverware 9

E-3261 / 95 by David Bowe to the Commission

Subject : Chimpanzees at Rijswijk in the Netherlands 9

96 / C 137 / 20 E-3284 / 95 by Glyn Ford to the Council
Subject : Varying prices in the canteens of the European institutions 10

96 C 137 / 21 E-3313 / 95 by Anne André-Léonard, Jan Bertens and Raimondo Fassa to the
Council

Subject : Sanctions against Nigeria 10

96 / C 137 / 22 E-3432 / 95 by Martina Gredler to the Council
Subject : Hong Kong as a business location 11

96 C 137 / 23

E-3433 / 95 by Erhard Meier to the Commission
Subject : EU subsidies for Austria ( Supplementary answer ) 11

96 / C 137 / 24 E-3434 / 95 by Michl Ebner to the Council
Subject : Récognition of surveyors ' qualifications at European level 11

96 / C 137 / 25

96 / C 137 / 26

E-3442 / 95 by Gianni Tamino to the Commission
Subject : Appointment and composition of the independent bodies designated by the Italian
Government in accordance with the Regulation on an eco-label award scheme 12

E-3454 / 95 by Susan Waddington to the Council
Subject : Entitlement to emergency health care in the European Economic Area for third-country
nationals 13

96 / C 137 / 27 E-3471 / 95 by Jorge Hernandez Mollar to the Commission

Subject : Ceuta described as a ' colony ' 13

96 / C 137 / 28 E-3472 / 95 by Pat Gallagher to the Council
Subject : Srebrenica 13

##### EN

Notice No Contents ( continued ) Page

96 / C 137 / 29 P-3480 / 95 by Glyn Ford to the Commission
Subject : Travel package for football supporters 14

96 / C 137 / 30

P-3481 / 95 by Helena Torres Marques to the Commission
Subject : Lisbon — Valladolid motorway 15

96 / C 137 / 31 E-3493 / 95 by Daniel Varela Suanzes-Carpegna to the Commission

Subject : Creation of a task force for maritime systems of the future 15

96 / C 137 / 32

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##### EN

E-3494 / 95 by Maria Aramburu del Rio to the Commission
Subject : Demolition of the historic Royal Cotton Factory in Avila ( Spain ) 16

E-3521 / 95 by Werner Langen to the Council
Subject : Expansion of wine-growing areas in Spain 17

E-3525 / 95 by Martina Gredler to the Commission
Subject : Commission Decision on the authorization of genetically modified rapeseed 18

E-3527 / 95 by Roberto Mezzaroma to the Council
Subject : The building of a Catholic church in Saudi Arabia 18

E-3530 / 95 by Roberto Mezzaroma to the Council
Subject : Definition of the concept of family 19

E-3534 / 95 by Richard Howitt to the Commission

Subject : Delay of Helios payments 19

E-3539 / 95 by Danilo Poggiolini to the Commission
Subject : Pollution caused by incinerators 20

E-3540 / 95 by Pieter Dankert to the Council
Subject : Budgetary control 20

E-3541 / 95 by Jaak Vandemeulebroucke to the Commission
Subject : Use of languages by the Commission 21

E-3543 / 95 by Roberto Mezzaroma to the Commission
Subject : Shutdown at the Montalto di Castro power plant ( Italy ) 21

E-354 6 / 95 by Ilona Graenitz to the Commission
Subject : Involvement of nature conservation authorities in rural programmes 21

E-3550 / 95 by Martina Gredler to the Commission
Subject : Irregularities in marking the A7 / A8 open competition 22

E-3552 / 95 by Joaquin Siso Cruellas to the Commission

Subject : Union energy policy 23

E-3565 / 95 by Jùrgen Schroder to the Commission
Subject : Aid to Saxony 1991 — 1994 23

E-3 566 / 95 by Jiirgen Schroder to the Commission
Subject : EU aid to the Leipzig ( Saxony ) district 23

E-3567 / 95 by Jiirgen Schroder to the Commission
Subject : EU aid to the Chemnitz ( Saxony ) district 24

( Continued overleaf )

Notice No Contents ( continued ) Page

96 / C 137 / 48 E-3568 / 95 by Jiirgen Schroder to the Commission
Subject : EU aid to the Dresden ( Saxon ) district 24

Joint answer to Written Questions E-3565 / 95 to E-3568 / 95 24

96 / C 137 / 49 P-3577 / 95 by Sérgio Ribeiro to the Council
Subject : Decision by the embassy of a Member State in Djakarta to hand over to the Indonesian
police a group of people from Timor who had asked for diplomatic protection 26

96 / C 137 / 50 E-3580 / 95 by Antonio Tajani to the Commission
Subject : Regulation ( EEC ) No 3524 / 91 concerning technical measures for the import of pelts of
certain wild animal species 26

96 / C 137 / 51 E-3585 / 95 by Jens-Peter Bonde to the Commission
Subject : The Joule programme 27

96 / C 137 / 52 E-358 9 / 95 by Wolfgang Kreissl-Dorfler to the Council
Subject : Framework agreement between the European Investment Bank and the People's Republic
of China on Investment funding 27

96 / C 137 / 53 E-3591 / 95 by Wolfgang Kreissl-Dorfler to the Council
Subject : Arrangements concerning Cuba in the transatlantic agreements 28

96 / C 137 / 54 E-3594 / 95 by Giovanni Burtone to the Commission
Subject : Legal definition of foreign-language assistants in Italian unversities 28

96 / C 137 / 55 E-3597 / 95 by Mihail Papayannakis to the Commission
Subject : Construction of a high-tension power plant in Skamnies 29

96 / C 137 / 56 E-3606 / 95 by Jean-Yves Le Gallou to the Commission
Subject : The Urban programme 29

96 / C 137 / 57 E-3607 / 95 by Jean-Yves Le Gallou to the Commission
Subject : The Urban programme 30

Joint answer to Written Questions E-3606 / 95 and E-3607 / 95 30

96 / C 137 / 58 E-3616 / 95 by Amedeo Amadeo to the Commission
Subject : Sustainable agriculture 30

96 / C 137 / 59 E-3618 / 95 by Amedeo Amadeo to the Commission
Subject : Measures to support European industry 31

96 / C 137 / 60 E-3623 / 95 by Christiane Taubira-Delannon to the Commission
Subject : Lack of respect for human rights in Liberia 31

96 / C 137 / 61 E-3626 / 95 by Nel van Dijk to the Commission
Subject : EU foreign-language assistants in Italian universities 32

96 / C 137 / 62 E-3628 / 95 by Arthur Newens to the Commission
Subject : Higher education and reconstruction in Bosnia 33

96 / C 137 / 63 P-3651 / 95 by Maria Izquierdo Rojo to the Commission
Subject : Transparency and shortcomings in replies to Members ' questions 33

##### EN

Notice No Contents ( continued ) Page

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##### EN

E-3655 / 95 by Karin Riis-Jorgensen to the Commission
Subject : Compatibility of legislation on taxis with EU rules of competition 34

E-l 6 / 96 by Gunilla Carlsson to the Commission
Subject : Implementation and transposition of public procurement Directives 35

E-22 / 96 by Hiltrud Breyer to the Commission
Subject : Experimental releases of genetically modified potatoes by the Max-Planck Institute in
Slovenia -. 35

E-46 / 96 by Stephen Hughes to the Commission
Subject : Display screen equipment 36

E - 57 / 96 by Stephen Hughes to the Commission
Subject : Display screen equipment 36

E-61 / 96 by Maren Gùnther to the Commission
Subject : Complaint by the Director of ECHO at the EP Development Committee's meeting of
22 November 1995 concerning the forced spending of significant sums by ECHO at the end of the
financial year due to technical factors relating to the budget 36

E-62 / 96 by Mihail Papayannakis to the Commission
Subject : Bovine spongiform encephalopathy ( BSE ) 37

E-63 / 96 by Yannos Kranidiotis to the Commission
Subject : Destruction of the natural environment in the region of Akama, Cyprus, by British army
exercises 38

E-74 / 96 by Amedeo Amadeo to the Commission
Subject : Environment 38

P-92 / 96 by Stelios Argyros to the Commission
Subject : Aid for the German textile and clothing industry 39

E-94 / 96 by Jorge Hernandez Mollar to the Commission
Subject : Recognition of diplomas 39

E-106 / 96 by Karsten Hoppenstedt to the Commission
Subject : Media responsibility 40

E-107 / 96 by Mihail Papayannakis to the Commission
Subject : Closure of Greek schools in Germany 40

E-l 10 / 96 by Anita Pollack to the Commission
Subject : Food allergies 41

P - 1 16 / 96 by Alex Smith to the Commission
Subject : French nuclear tests . 41

E-122 / 96 by Bryan Cassidy to the Commission
Subject : Age limits in recruitment of temporary agents 42

E-138 / 96 by Glyn Ford to the Commission
Subject : Japanese translation of the term ' European Union ' 42

E-146 / 96 by Otto von Habsburg to the Commission
Subject : Subsidies for fighting bulls 43

E-147 / 96 by Peter Truscott to the Commission
Subject : EU aid to Indonesia and forest depletion 44

( Continued overleaf )

Notice No Contents ( continued ) Page

96 / C 137 / 83 E-l 73 / 96 by Kenneth Coates to the Commission
Subject : Veterinary controls 44

96 / C 137 / 84

96 / C 137 / 85

P - 1 8 1 / 96 by Bernd Lange to the Commission
Subject : Interpretation of Article 1 09j (4 ) of the Treaty on European Union 45

E - 1 86 / 96 by Gerhard Schmid to the Commission
Subject : Women's policy in the European Union 45

96 / C 137 / 86 E-l 88 / 96 by Gerhard Schmid to the Commission

Subject : Christo in Brussels 46

96 / C 137 / 87

96 C 137 / 88

96 / C 137 / 89

96 / C 137 / 90

96 / C 137 / 91

96 / C 137 / 92

96 / C 137 / 93

96 / C 137 / 94

E-l 90 / 96 by Inigo Méndez de Vigo to the Commission
Subject : Commission investigations of fraud 46

E-l 91 / 96 by Inigo Méndez de Vigo to the Commission
Subject : Suspension of SGP for Burma 47

E-l 97 / 96 by Brendan Donnelly to the Commission
Subject : Portuguese tax on imported second-hand cars 47

P-201 / 96 by Vassilis Ephremidis to the Commission
Subject : Establishment of a gold refinery in the district of Olympiada, Chalkidiki 48

E-229 / 96 by Alexandros Alavanos to the Commission
Subject : Establishment of a gold refinery in Olympiada, Chalkidiki, and environmental
consequences 48

Joint answer to Written Questions P-201 / 96 and E-229 / 96 49

P-202 / 96 by Graham Watson to the Commission

Subject : Egg quality inspection 49

P-211 / 96 by Per Gahrton to the Commission
Subject : Rules governing the hunting of woodcock 49

E-233 / 96 by Christine Crawley to the Commission
Subject : Neutering of pigs 50

96 / C 137 / 95 E-235 / 96 by Concepcio Ferrer to the Commission

Subject : Transfer of enterprises 50

96 / C 137 / 96

96 / C 137 / 97

96 / C 137 / 98

96 C 137 / 99

96 / C 137 / 100

##### EN

P-239 / 96 by Daniel Féret to the Commission
Subject : The creation of the single currency 51

E-247 / 96 by Leen van der Waal to the Commission
Subject : Commission answer to questions on the cooperation agreement with Morocco 51

E-255 / 96 by Karin Junker to the Commission
Subject : Grants for students from other EU Member States living and studying in Great
Britain 52

P-292 / 96 by Luis Campoy Zueco to the Commission
Subject : EU aid to local authorities 53

P-293 / 96 by Fernando Moniz to the Commission
Subject : International trade and WTO agreements 53

( Continued on inside back cover )

Notice No

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##### EN

Contents ( continued ) Page

P-296 / 96 by Eryl McNally to the Commission
Subject : Compétition

P-299 / 96 by Luis Campoy Zueco to the Commission
Subject : Encouragement of tourism

E-305 / 96 by Wolfgang Nußbaumer to the Commission
Subject : Contributions to and support payments from the EU

E-306 / 96 by Jannis Sakellariou to the Commission
Subject : Tibetan cultural heritage

E-307 / 96 by Jannis Sakellariou to the Commission
Subject : Disappearance of individuals in Tibet

E-308 / 96 by Gerhard Schmid to the Commission
Subject : Euratom supply agency

E-323 / 96 by Luciano Vecchi to the Commission
Subject : Council resolution on the issue of gender

E-340 / 96 by Willi Rothley to the Commission
Subject : EU aid for the Rhineland-Palatinate in 1995

E-351 / 96 by Paul Lannoye to the Commission
Subject : Information concerning the utilization and renting of parking spaces for the
Commission

E-355 / 96 by Jesus Cabezón Alonso and Juan Colino Salamanca to the Commission
Subject : Age limits for competitions

E-366 / 96 by Carlos Robles Piquer to the Commission
Subject : Community support measures for family businesses

P-372 / 96 by Nikitas Kaklamanis to the Commission
Subject : Further Turkish provocation

E-463 / 96 by Wolfgang Nußbaumer to the Commission
Subject : Provisions concerning rescue helicopter missions

E-5 06 / 96 by Richard Howitt to the Commission
Subject : Aid to North Korea

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8 . 5 . 96 I EN j Official Journal of the European Communities No C 137 / 1

I

( Information )

EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION E-2013 / 95

by Phillip Whitehead ( PSE )

to the Council

( 10 July 1995 )

( 96 / C 137 / 01 )

Subject : Administration of the Convention on the transfer

of sentenced persons

Will the Council indicate which Member States have not, in
its view, fully implemented the Convention on the transfer
of sentenced persons ?

What action does the Council intend to take to ensure that

the Convention is adhered to by all Member States ?

Answer

(2 April 1996 )

WRITTEN QUESTION E-25 90 / 95

by Amedeo Amadeo ( NI )

to the Commission

( 27 September 1995 )

( 96 / C 137 / 02 )

Subject : Mountaineering accidents

Given the number of accidents which occur at high altitudes

( no fewer than 31 people have died in Italy since January )
and, above all, the fact that many tourists go climbing and
often treat mountaineering as a game — setting off without
proper training or equipment, thinking that they know what
they are doing — would the Commission agree that it should
consider introducing at European Union level a series of
aptitude tests for anyone wishing to climb or explore
glaciers and crevasses, with a ' European licence ' being
awarded on the basis of courses and tests, since this would
undoubtedly lead to a drastic reduction in the number of
accidents ?

Supplementary answer given by Mr Oreja

on behalf of the Commission

The Council would inform the Honourable Member that all ( 29 February 1996 )
the Member States of the European Union are party to the
Convention on the transfer of sentenced persons,
established by the Council of Europe on 21 March 1983 .
Further to its answer of 21 November 1995, the
Commission, aware of the accidents to which the
Honourable Member refers, has collected more detailed
information .

No C 137 / 2 EN Official Journal of the European Communities 8 . 5 . 96

At this moment, however, the Commission is not
considering introducing aptitude tests at Community level
for mountaineering .

Nevertheless the Commission will, having full regard for the
principle of subsidiarity and national and regional
competences in this context, continue to seek the views of
competent bodies ( governmental and others ) in order to
improve safety in mountaineering in general .

WRITTEN QUESTION E-2642 / 95

by Gianni Tamino ( V )

to the Commission

(2 October 1 995 )

( 96 / C 137 / 03 )

Subject : Failure to carry out an environmental impact

assessment for the Bolzano — Merano motorway

( Italy )

The ANAS ( the Italian National Motorways Association )
has been working for the last few years on a four-lane
motorway between Bolzano, the capital of the province of
the same name, and Merano, the second most populous
town in the province, 25 km from Bolzano . The building of
the highway has been interrupted on several occasions by
protests from peasant farmers whose land has been
expropriated, proceedings brought by environmentalists
and corruption scandals . In May this year the High Court of
Le Acque granted an appeal by the WWF and ordered an
immediate halt to the work . The initial work on the highway
was begun before the authorities of the Autonomous
Province of Bolzano, who have responsibility, had
transposed a law on the environmental impact assessment

( EIA ) and the Provincial Council had not therefore deemed
it necessary to carry out an EIA . However, following recent
proceedings, it has emerged that an EIA was necessary, and
the Provincial Council has made provision for an EIA
relating to the section referred to in the judgment of the Le
Acque Court in accordance with a special clause of the
Provincial Law . Articles 8, 9 and 10 of this Law ( Provincial
Law No 27 of 7 July 1992 ) stipulate that, for certain
projects, a simple opinion of the EIA Committee, a body
consisting of 1 3 members, 1 1 of whom are appointed by the
Provincial Council, is enough . This ' short-cut ' has been used
in the case of the motorway in question, without an
environmental impact assessment being carried out in
accordance with the criteria set out in Directive

85 / 337 / EEC ( ] ).

Is the Commission aware of the above facts ?

Does the Commission consider that a simple opinion by a
government-appointed committee is sufficient to assess the
environmental impact of a 25-km four-lane motorway, such
as the planned link between Bolzano and Merano, even
though the opinion applies only to a section of it ?

If not, does the Commission intend to pursue the matter
with the Italian authorities, as regards both this specific case
and the substance of the Bolzano Provincial Law ?

(') OJ No L 175, 5 . 7 . 1985, p . 40 .

Supplementary answer given by Mrs Bjerregaard

on behalf of the Commission

( 20 February 1 996 )

Further to its answer of 1 December 1 995 the Commission is

now able to inform the Honourable Member that, following
a communication from the Commission concerning the
facts at issue, the Italian authorities replied, on 9 January

1 996, by specifying that the building of the high-speed route
between Bolzano and Merano, in Italy, is currently at a
greatly advanced stage . Likewise the civil engineering
project concerned was authorized by the President of the
Bolzano Provincial Council in accordance with the

provision of 21 April 1988 and thus before the entry into
force of Directive 85 / 337 / EEC on the environmental impact
assessment of certain projects (3 July 1988 ).

Therefore the project at issue did not have to be — and still
does not have to be — subjected to a compulsory
environmental impact assessment since that obligation has
only arose after entry into force of said Directive, at which
point the project at issue had already been authorized .

The environmental impact legislation in the province of
Bolzano is the subject of a complaint that the Commission is
currently examining .

The provision concerning the Committee in question does
not run counter to Directive 85 / 337 / EEC .

WRITTEN QUESTION E-2773 / 95

by Tony Cunningham ( PSE )

to the Commission

( 12 October 1995 )

( 96 / C 137 / 04 )

Subject : Rugby's Union discrimination against League

players

Given the fact that Rugby Union has become a professional
sport, what does the Commission propose to do about the
continuing discrimination by the English and other national
Rugby Union bodies in the European Union against Rugby
League players, in light of the recent European Court of
Justice's ruling in favour of Jean-Marc Bosman ?

8 . 5 . 96 I en | Official Journal of the European Communities No C 137 / 3

Answer given by Mr Oreja
on behalf of the Commission

(7 February 1996 )

The Honourable Member is referring to the Bosman case ( 1 ),
on which the Court of Justice gave its judgment on

15 December 1995 .

The Court of Justice ruled :

1 . Article 48 of the EC Treaty precludes the application of
rules laid down by sporting associations, under which a
professional footballer who is a national of one Member
State may not, on the expiry of his contract with a club,
be employed by a club of another Member State unless
the latter club has paid to the former club a transfer,
training or development fee .

2 . Article 48 of the EC Treaty precludes the application of
rules laid down by sporting associations under which, in
matches in competitions which they organize, football
clubs may field only a limited number of professional
players who are nationals of other Member States .

3 . The direct effect of Article 48 of the EC Treaty cannot be
relied upon in support of claims relating to a fee in
respect of transfer, training of development which has
already been paid on, or is still payable under an
obligation which arose before the date of this judgment,
except by those who have brought court proceedings or
raised an equivalent claim under the applicable national
law before that date .

Clearly, this decision also applies to similar cases in other
professional sports . The Commission supports the idea of a
further and permanent dialogue with all sports
organizations concerned in order to ensure implementation
of the Court judgment .

The question raised by the Honourable Member is related to
different sets of rules and the discrimination within the game
of rugby . This will be one of the questions to be treated
within the context of the permanent dialogue between the
Commission and the sports world . In the meantime, the
Commission is examining the implications of the Bosman
case for rugby and other sports .

(>) Case C-415 / 93 .

WRITTEN QUESTION E-2809 / 95

by Salvador Garriga Polledo ( PPE )

to the Commission

( 16 October 1995 )

( 96 / C 137 / 05 )

Subject : Improvements in budgetary administration

As part of the policy of transparency in budgetary
administration which the Commission wishes to pursue, has

any consideration been given to the possibility of providing
instantaneous public access to information on the use of
Community funds by means of freely accessible information
networks such as the Internet and others ?

Supplementary answer given by Mr Liikanen

on behalf of the Commission

(1 February 1996 )

Further to its answer of 22 November 1995 (), the
Commission is now able to provide the following additional
information .

The Commission is currently preparing an information
package on the Community budget which will be included
in Europa, the Community server containing information
about the Community which is accessible through
Internet .

Given that Europa is accessible to the public at large,
information has been selected with the objective of
providing essential information in a very accessible way .
The information available on the Community budget will
cover a variety of aspects of the budget, including the
financial perspectives, the budget procedure, the main
categories of expenditure and revenue and budget control .
This information will be presented by means of short texts
and summary tables and charts . In addition there will be a
list of references where further information can be

found .

(') OJ No C 340, 18 . 12 . 1995, p . 54 .

WRITTEN QUESTION E-3142 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

( 22 November 1995 )

96 / C 137 / 06 )

Subject : The impact of mobile telephones on public
health

The Commission's answer to my Question E-274 / 95 (')
suggests that it has violated the terms of the Fifth Action
Programme on the environment, since it has failed to take
into account the environmental aspect and the need to
protect public health from the spread of mobile telephone
antennas . No action has been taken to make it compulsory
for the infrastructures to be divided among undertakings, as
required by law, to implement the Alara ( as low as
reasonably achievable ) principle — which is applied to
radiation, to ensure that the mandatory environmental
impact studies are carried out and to press for the adoption
in principle of the criteria laid down by the international
committee for protection from non-ionizing radiation,
pending the completion of the necessary studies .

No C 137 / 4 EN Official Journal of the European Communities 8 . 5 . 96

As a result, antennas are being installed in Greece today even
on the terraces of densely-populated areas, no doubt in
order to enable the undertakings concerned to avoid the
infrastructure costs of central transmission units ( roads,
electricity, etc .). The Commission recently announced the
establishment of a special committee responsible for
drawing up an action plan for conducting in-depth research
into the impact of radio magnetic fields on health .

Will the Commission say :

1 . Will the action plan also consider the consequences of
the antennas and transmission units of mobile

telephones, or will it consider only the consequences for
users of mobile equipment ?

2 . When will preparations for the action plan be
completed ? When is the research paper due to be
completed ? When are public health protection rules and
measures due to be adopted ? Does it not agree that the
mobile telephone networks may have been completed in
the meantime and that the relocation of the antennas

posing a public health threat will be particularly
expensive ? Does it not also agree that many citizens will
have suffered irreparable damage to their health by
then ?

(') OJ No C 179, 13 . 7 . 1995, p . 11 .

Answer given by Mr Bangemann

on behalf of the Commission

( 18 January 1996 )

The action programme for research into the possible health
effects related to the use of mobile telephones cited by the
Honourable Member is intended to address all potential
hazards to human health from all sources related to mobile

telecommunications including antennas and transmission
units . It will also look into possible hazards from
interference effects with medical devices and safety related
equipment . The main area of research will concern possible
athermal effects, work on which has not so far produced
conclusive results .

The action plan setting up the research programme will be
completed by July 1996 . The research programme is
expected to last five years to permit, in particular, robust
epidemiological data to be collected and analysed . Whether
any public health protection rules will be required with
respect to any athermal effects established is premature to
say at present . With regard to thermal effects, the
Commission keeps the situation under constant review, and
is satisfied that manufacturers are striving to reduce
emissions to the minimum, but would not hesitate, if
necessary, to use its powers under the EC Treaty to make
appropriate proposals .

WRITTEN QUESTION E-3151 / 95

by Leen van der Waal ( EDN )

to the Council

( 22 November 1995 )

( 96 / C 137 / 07 )

Subject : Meeting between an EU delegation and the
Palestinian official Husseini in East Jerusalem

According to reports in the media, an EU delegation headed
by the Spanish Foreign Minister, Mr Solana, held official
talks with the Palestinian leader Faisal Husseini at Orient

House in East Jerusalem on 27 October 19 95, despite
protests from the Israeli Government .

1 . Can the Council confirm this ?

2 . Does not holding official talks with Palestinian officials
in East Jerusalem imply recognition of Palestinian
authority over that part of the city ?

3 . The Council is not participating in the celebration of the
3000th anniversary of the foundation of Jerusalem in
order not to pre-empt the results of the peace process as
regards the ultimate status of Jerusalem . In the light of
the requirement that care be taken in conducting
diplomatic relations, how consistent does the Council
consider it to be to hold talks with Palestinian officials in

East Jerusalem ?

4 . Can the Council give an undertaking that meetings with
members of the Palestinian Authority will in future take
place in the Palestinian autonomous territories ?

WRITTEN QUESTION P-3316 / 95

by Luigi Florio ( UPE )

to the Council

(5 December 1995 )

( 96 / C 137 / 08 )

Subject : EU boycott of the ' Jerusalem 3000 ' celebration

The EU has decided to boycott the Jerusalem 3000
celebration .

1 . Which body decided that the Union should boycott
' Jerusalem 3000 '? When did it take the decision, and by
what majority ?

2 . What specific facts led to the conclusion that the
celebrations would be unduly biased towards the Jewish
tradition, to the detriment of the Christian and Muslim
traditions ?

8 . 5 . 96 I EN | Official Journal of the European Communities No C 137 / 5

3 . What steps did the Union take at diplomatic level before

adopting such an extreme position ?

WRITTEN QUESTION E-3186 / 95

by Isidoro Sánchez García ( ARE )

to the Council

( 29 November 1995 )
WRITTEN QUESTION P-238 / 96 ( 96 / C 137 / 10 )

by Leonie van Bladel ( PSE )

to the Council

( 30 January 1996 )

( 96 / C 137 / 09 )

Subject : Common position on the status of the Orient

House in Jerusalem

Can the Council confirm that it regards the Orient House in
Jerusalem as the place where the Palestinian Authority

officially receives visitors ?

1 . If so, when and at what level was the relevant decision
taken ?

2 . What arguments were put forward to support such a

decision ?

3 . Was the decision ever published ?

4 . Does the Council feel that such a policy is judicious,
given that no agreement has yet been reached on the
future status of Jerusalem ?

Joint answer
to Written Questions
E-3151 / 95, P-3316 / 95 and P-238 / 96

(2 April 1996 )

The Council refers the Honourable Members to the reply to
question 2483 / 95 on EU participation in the Jerusalem 3000
festival ('). It confirms the European Union's long-standing
policy with regard to Jerusalem .

Since the Israeli annexation of East Jerusalem, existing
Palestinian institutions in this part of the city have continued
to function and new ones, including Orient House, have
been created . With the aim of reaffirming the EU's policy on
the status quo in Jerusalem and exercising the right of free
access to both parts of the city, foreign ministers of EU
Member States make a point of visiting Orient House when
they are in Jerusalem . However, Orient House is not an
institution of the Palestinian authority . It was in this context
that, like his predecessors, the President of the Council,
accompanied by the other members of the Troika, visited
Orient House on 27 October 1995 where he met Mr Faisal

Husseini . Although they oppose such visits, which will
continue, the Israeli authorities are well aware of the reasons

for them .

(') OJ No C 56, 26 . 2 . 1996 .

Subject : Fisheries agreement with Morocco

Article 228 of the Union Treaty concerning the conclusion
of agreements between the Community and one or more
States or international organizations considerably extends
the scope of the European Parliament's participation .

The second subparagraph of paragraph 3 states that in cases
where agreements have important budgetary implications
for the Community, such agreements cannot be concluded
without the prior assent of Parliament .

Since the fisheries agreement with Morocco entails a
number of large-scale budgetary commitments does the
Council intend to request Parliament's assent as required by
the Treaty ?

Answer

(2 April 1996 )

The Council has decided to consult the European
Parliament, under the assent procedure, on both proposals
concerning Morocco, i . e ', the fisheries agreement and the
Euro-Mediterranean association agreement .

It is planned to launch the consultation procedures when the
agreements have been signed .

WRITTEN QUESTION E-3 196 / 95

by Honorio Novo ( GUE / NGL )

to the Commission

( 29 November 1995 )

( 96 / C 137 / 11 )

Subject : New EU-Morocco trade agreement : impact on

agriculture

On the night of 10 November 1995 the governments of the

15 Member States — including the Portuguese Government
— accepted the terms of the new trade and association
agreement between the EU and the Kingdom of Morocco
which, according to reports carried in all the media, has
apparently incorporated new provisions relating to the
Portuguese canning industry .

No C 137 / 6 EN Official Journal of the European Communities 8 . 5 . 96

However, the media have also indicated, as far as agriculture Answer
is concerned, that no provision has been made for (2 April 1996 )
compensation and the Portuguese Government failed to
negotiate any such entitlement .

Can the Commission say whether the above information is
correct ?

1 . Community humanitarian aid is the responsibility of
the Commission, in particular the European Community
Humanitarian Office ( ECHO ).

2 . The Council is therefore unable, at this stage, to
answer the second part of the question put by the
Answer given by Mrs Bonino Honourable Member .

on behalf of the Commission

( 18 January 1996 )

The Honourable Member is kindly asked to refer to the
Commission's answer to his question E-3 1 93 / 95 ( 1 ) in which
it states that a series of special measures will be taken to
boost support to the sardine canning sector, in particular in
Portugal .

These compensatory measures focus on a sector deemed to
be particularly sensitive as it is has to make a considerable
effort to restructure and adjust to new market
conditions .

f 1 ) OJ No C 91, 27 . 3 . 1996, p . 41 .

WRITTEN QUESTION E-3210 / 95

by Antonio Tajani ( UPE )

to the Council

( 29 November 1995 )

( 96 / C 137 / 12 )

Subject : European Union funding for the Saharawi
people

Can the Council say whether the aid which the European
Union provides for the Saharawi people in exile in Tindouf
in southern Algeria is actually delivered and distributed to
them or whether it is confiscated by the leaders of the
Polisario Front and sold for money, to be used for
non-humanitarian purposes ?

Can it also say whether or not it considers that the fact that
the leaders of the Polisario Front monitor all the activities of

the Saharawi people living in Algeria, thereby infringing
individual and collective liberty, is a flagrant violation of
international legislation designed to safeguard human
rights ?

WRITTEN QUESTION E-3217 / 95

by Armelle Guinebertière ( UPE )

to the Council

(4 December 1995 )

( 96 / C 137 / 13 )

Subject : Protecting small businesses

How seriously does the European Community take the
major and worrying problem of the decline and weakness of
cottage industries and small businesses pitted against the
vast resources of mass retailing, which is contributing
to the disappearance of European manufacturers and
producers ?

Answer

(2 April 1996 )

In its resolution of 10 October 1994 on giving full scope to
the dynamism and innovatory potential of small and
medium-sized enterprises, including the craft sector and
micro-enterprises, in a competitive economy ( 1 ), the Council
in particular acknowledged that the development of small
and medium-sized enterprises was of great importance for
the competitiveness of the European economy, regional
development and economic cohesion in the European
Community .

The Council also considered that Community actions
should take account of the difficulties of the craft sector and

micro-enterprises in particular, having regard to the major
contribution they make to employment generation .

However, as regards the specific responsibilities of each
Community institution, it is the task of the Commission to

8 . 5 . 96 I EN | Official Journal of the European Communities No C 137 / 7

pay particular attention to developments in relations WRITTEN QUESTION P-3223 / 95
between industry and trade, and to ensure that no situation by Daniel Cohn-Bendit ( V )
arises which could be in conflict with Community to the Commission
competition rules .

( 24 November 1995 )

(') OJ No C 294, 22 . 10 . 1994, p . 6 . ( 96 / C 137 / 15 )

Subject : Recognition of French academic doctorates in

Germany

WRITTEN QUESTION E-3219 / 95

by Armelle Guinebertière ( UPE )

to the Council

(4 December 1995 )

96 / C 137 / 14 )

Subject : Harmonization and recognition of diplomas in the

Union

The Wallon Government of the French Community is
preparing, under decrees adopted in August 1995, to make
it compulsory for French students holding the baccalauréat
and enrolling to train as qualified hospital nurses to return
to secondary school .

Not only does this call into question the right to access to
higher education in the Community for a student holding a
certificate obtained in another Member State, in this case the
baccalauréat, it also raises the matter of harmonizing
European diplomas .

What measures does the Council intend to take to monitor

scrupulously the enforcement of Community legislation
governing the equivalence of diplomas ?

Answer

(2 April 1996 )

It is the Commission's responsibility to ensure that the
provisions of the Treaty and of acts adopted pursuant
thereto are applied and it is not therefore for the Council to
carry out that task in the field of equivalence of diplomas
issued at the end of secondary education .

Community Directives dealing with the recognition of
diplomas are confined to recognition for occupational
purposes, that is to say the recognition of qualifications
entitling the person concerned to pursue a regulated
occupation in a Member State other than that in which the
qualification was acquired . The instance mentioned by the
Honourable Member does not seem to fall into that

category .

What is the Commission's attitude to the fact that, since
about a year ago, French academic doctorates awarded to
German nationals in France are no longer regarded as
entitling them to hold the title of doctor in Germany ? Does
this not conflict with European Directives ? It has become
now clear that this situation is detrimental to cooperation
between French and German academics . What action does

the Commission intend to take to remedy this undesirable
state of affairs ?

Answer given by Mr Monti
on behalf of the Commission

( 25 January 1996 )

Directive 89 / 48 / EEC ( ) provides for the recognition of
higher-education diplomas awarded on completion of
professional education and training of at least three years '
duration and giving access to a regulated profession in a
Member State for those wishing to take up or pursue the
same profession in another Member State . Therefore,
holders of the title of doctor ( from France or other Member
States ), when this doctorate constitutes a condition for
taking up or pursuing a profession, have the right to
obtain recognition in Germany pursuant to Directive
89 / 48 / EEC .

Pursuant to the Kraus judgment ( 2 ), a Community national
who holds a degree or diploma attesting post-graduate
studies also benefits from the Articles of the EC Treaty
relating to free movement when the qualification in
question, even if it is not a requirement for the taking-up and
pursuit of the profession, constitutes an advantage for other
professional ends . On the other hand, questions of
recognition for academic purposes are a matter for the
national law of each Member State and the Commission has

no competence with regard to bilateral agreements
concluded in this area by the Member States .

The Commission is, of course, prepared to examine any
complaint concerning refusal by a Member State's
authorities to give recognition for professional purposes to a
doctorate issued in another Member State . If necessary, it
will take the appropriate steps laid down by the Treaty to
ensure that national authorities fulfil the obligations which
arise from Community provisions applying to free
movement, and more specifically to the mutual recognition
of qualifications .

(') OJ No L 19, 24 . I. 1989 .

( 2 ) Judgment of 3 1 March 1 993, Case 1 9 / 92, Dieter Kraus v . Land

Baden-Wurttemberg, not yet reported .

No C 137 / 8 EN Official Journal of the European Communities . 5 . 96

WRITTEN QUESTION E-3239 / 95

by Salvatore Tatarella ( NI )

to the Commission

(1 December 1995 )

( 96 / C 137 / 16 )

Subject : Seizure of the fishing boat Lusitania

The fishing boat Lusitania, registered in Vieste ( Foggia ), ws
recently in international waters a few miles off the Island of
Palagruza in the Adriatic when it was stopped, seized and
taken to the island of Vis by a Croatian military patrol boat .
During the incident the Croatian military used firearms
against the unarmed Italian crew, none of whom,
fortunately, were injured . The Croatian authorities then
unilaterally imposed a heavy fine on the Italian seamen and
confiscated their fishing boat . In order to avoid the unjust
sentence, the Italian crew was forced to make a daring

escape .

Bearing the above in mind, what urgent steps will be taken

to :

— confirm the above events ;

— ensure that they are not repeated in future ;

— persuade the Croatian authorities to respect
international law and the rights of Italian seamen ?

Answer given by Mr Van den Broek

on behalf of the Commission

( 17 January 1996 )

The Commission shares the Honourable Member's concern

over the incident in the Adriatic involving the Italian fishing
boat Lusitania .

Such incidents can jeopardize the spirit of Mediterranean
cooperation in managing, conserving and using fish
resources, which the Commission has been attempting to
foster through a number of initiatives such as the Crete
Conference in 1994 .

From what we have gathered, the Croatian authorities gave
warning and boarded the vessel in accordance with domestic
laws which apply when the country's territorial waters are
violated . A statement from the ministry of the interior
makes clear Croatia's desire to examine similar cases

together with Italy so that the necessary measures can be
taken .

The Commission would like to assure the Honourable

Member that it will do all in its legal power to ensure that

cooperation and mutual trust prevail in the relations
between the Community Member States and Mediterranean
non-member countries .

WRITTEN QUESTION E-3241 / 95

by Cristiana Muscardini ( NI )

to the Council

(4 December 1995 )

( 96 / C 137 / 17 )

Subject : Amendment of Regulation ( EEC ) No 1408 / 71 on

social security for migrant workers

The situation produced by the application of Article 4(4 ) of
Regulation ( EEC ) No 1408 / 71 ('), which excludes special
schemes for civil servants and persons treated as such from
the scope of the Community provisions on social security for
migrant workers, constitutes unfair discrimination against
those who have worked in the public sector .

The Commission is aware of this and has drawn up a
proposal amending Regulation ( EEC ) No 1408 / 71 precisely
to enable public sector workers to benefit from the system
of coordination already in force for employed and
self-employed persons .

1 . Is it true that that proposal has been blocked in Council
for some time ?

2 . Can the Council explain the blockage and justify the
long delay in tackling this unfair situation, which must
be rectified as soon as possible ?

C ) OJ No L 149, 5 . 7 . 1971, p . 2 .

Answer

(2 April 1996 )

The Council has not yet been able to reach agreement on the
proposal for a Regulation to extend Regulations ( EEC )
No 1408 / 71 and ( EEC ) No 574 / 72 to all insured persons —
for which unanimity is required — as some delegations are
having problems with the proposed coordination of special
schemes for civil servants and persons treated as such .

8 . 5 . 96 I EN j Official Journal of the European Communities No C 137 / 9

WRITTEN QUESTION E-3242 / 95

by Cristiana Muscardini ( NI )

to the Council

(4 December 1995 )

96 / C 137 / 18 )

Although the great majority of Member States had been
awaiting this proposal for some time, the discussions held so
far on individual provisions have revealed a number of
difficulties, due mainly to the diversity of Member States '
traditional practices in this area .

The Council is continuing its efforts to strike a balance

between the need for adequate consumer protection ( i.e .

Subject : Movement of goldsmith's ware, jewellery, and preventing fraud as far as possible ) and the need to ensure

silverware that the undertakings concerned ( the vast majority of which

are craft-based ) do not have to bear charges that are
disproportionate to the advantages of free movement .
The need for rules to govern worked precious metals ( for use
in goldsmith's ware, jewellery, and silverware ), with a view
to removing the technical barriers existing on the European
market, and the necessity of increasing transparency in the
sector, thereby protecting consumers more effectively, have
been clearly recognized in a proposal for a Directive (').

Subject : Movement of goldsmith's ware, jewellery, and

silverware

Owing to unyielding opposition on the part of countries
whose combined output does not amount to a tenth of
Italian production ( as for as the working of precious metals
is concerned, Italy occupies the leading position, with
29 000 firms employing a labour force of 119 000
and spin-off industries accounting for a further 80 000
people ), it has so far proved impossible to adopt the
abovementioned Directive .

WRITTEN QUESTION E-3261 / 95

by David Bowe ( PSE )

to the Commission

(6 December 1995 )

( 96 / C 137 / 19 )

Given that the proposal for a Directive has already been Subject : Chimpanzees at Rijswijk in the Netherlands
amended by Parliament at first reading and that the CIBJO
Executive Committee ( International Confederation of
Jewellery,. Silverware, Diamonds, Pearls and Stones ), The Biomedical Primate Research Centre at Rijswijk in the
meeting in Athens in May of this year, adopted Netherlands was severely criticized following a visit earlier
recommendations which will do much to bolster the sector, this year by a group including some scientists . The main
will the Corflmission render the existing Directive operative target of the criticism was the housing conditions for several
as a matter of urgency and thus regulate the goldsmith's of the primates, particularly the chimpanzees . As the
trade in the Community ? Commission provides money for research work carried out

at this centre, would it say what steps have been taken to
(') COM(93 ) 322 final — OJ No C 318, 25 . 11 . 1993, p . 5 . improve the housing conditions of the primates ?

Answer

(2 April 1996 )

The proposed Directive to which the Honourable Member
refers, concerning harmonization of the provisions on
articles of precious metals in order to permit their free
movement, has been the subject of detailed examination by
the Council's subordinate bodies for the last two years .

Essentially, it sets the standards of fineness that will be
recognized exclusively throughout the Community and
establishes conformity procedures which will provide the
consumer with a guarantee that the value of the article he
purchases is in fact what he expects it to be .

Answer given by Mrs Cresson

on behalf of the Commission

(5 February 1996 )

The Honourable Member is referred to the Commission's

answers to Written Questions P-2784 / 95 ( 1 ) and
E-3321 / 95 ( 2 ) from Mrs Waddington .

0 ) OJ No C 51, 21 . 2 . 1996 .

( 2 ) OJ No C 112, 17 . 4 . 1996 .

No C 137 / 10 EN Official Journal of the European Communities 8 . 5 . 96

WRITTEN QUESTION E-3284 / 95

by Glyn Ford ( PSE )

to the Council

(8 December 1995 )

( 96 / C 137 / 20 )

Subject : Varying prices in the canteens of the European

institutions

In view of the sharply varying prices in the canteens of the
European institutions, can you give details of the level of
subsidies provided by your institution ?

Answer

(2 April 1996 )

The Council provides no financial subsidies for its
restaurant and cafeterias .

However, since a social service is involved, one half of the
cost of the staff employed in the restaurants is met from the

budget, with the other half repaid to the budget in the form
of revenue ( see Article 900 of the statement of revenue ). The
amount reimbursed to the budget under this head for 1995

was ECU 771 700 .

For the rest, the amount entered in the statement of
expenditure for the 1994 budget ( Article 140 ) was ECU
350 000 .

This appropriation covers, on the one hand, the cost of
maintaining and cleaning equipment, the cost of purchasing
and cleaning special clothing and the cost of disposable
equipment and, on the other hand, the purchase of new
equipment and the replacement of that which has worn

out .

WRITTEN QUESTION E-3313 / 95

by Anne André-Léonard ( ELDR ), Jan Bertens ( ELDR ) and

Raimondo Fassa ( ELDR )

to the Council

(9 December 1995 )

( 96 / C 137 / 21 )

Subject : Sanctions against Nigeria

Can the Council inform the European Parliament of the
stance it has taken or intends to take vis-â-vis sanctions

against Nigeria, with regard to :

— an embargo on petroleum products from Nigeria ;

— the suspension of Stabex ;

— the suspension of Sysmin ;

— the freezing of entry visas granted by the Member States

to members of the military junta, the administration, the
armed forces and their families ;

— the freezing of bank accounts held in the name of

Nigerian companies and members of the military junta,
the administration, the armed forces and their
families ?

Answer

(2 April 1996 )

Following the execution, on 10 November 1995, of Mr Ken
Saro-Wiwa and his co-defendants, the Council adopted a
common position on 20 November 1995 containing the
following measures :

— re-affirmation of the measures adopted in 1993, i.e .:

— suspension of military coopération,

— visa restrictions fo.r members of the military or the

security forces and their families,

— suspension of visits of members of the military,

— restriction of movement of all military personnel of

Nigerian diplomatic missions,

— cancellation of training courses for all Nigerian

military personnel,

— suspension of all high-level visits that are not

indispensable to and from Nigeria,

— visa restrictions on members of the Provisional

Ruling Council ( PRC ) and the Federal Executive
Council ( FEC ) and their families,

— arms embargo,

— suspension of development cooperation .

The Council adopted another common position on
4 December 1995 by which it was decided that :

— Member States will take, in accordance with national

law, such measures as are appropriate in the context of
their own immigration procedures to ensure that
members of the Nigerian PRC and the FEC, members of
the Nigerian military and security forces and their
families in possession of long-term visas are not
admitted,

— military personnel attached to Nigerian diplomatic

representations in EU Member States will be expelled
and military personnel attached to diplomatic
representations of Member States of the EU in Nigeria
will be withdrawn,

— all contacts in the field of sports will be interrupted

through denial of visas to official delegations and
national teams .

8 . 5 . 96 I EN Official Journal of the European Communities No C 137 / 11

The EU also undertook to pursue the adoption of a These conclusions were also endorsed by the European
resolution on Nigeria at the 50th UN General Assembly and Council at Madrid on 15 / 16 December 1 995 .
the inclusion of Nigeria on the agenda of the Commission on
Human Rights .

In the common position adopted on 4 December 1995, the
Council explicitly states that further measures will be
considered, including sanctions, if specific steps are not
taken by the Nigerian authorities towards an early
transition to democracy and to ensure full respect of human
rights and the rule of law .

WRITTEN QUESTION E-3433 / 95

by Erhard Meier ( PSE )

to the Commission

( 18 December 1995 )

( 96 / C 137 / 23 )

Subject : EU subsidies for Austria
WRITTEN QUESTION E-3432 / 95

by Martina Gredler ( ELDR )

to the Council

(3 January 1996 )

( 96 / C 137 / 22 )

Subject : Hong Kong as a business location

According to a study by the Heritage Foundation, Hong
Kong offers the best conditions in terms of free trade, tax
and legislation .

In view of the fact that Hong Kong will revert to China in

1 997, and given that many European firms have subsidiaries
there, has the Council held talks with the Chinese
Government on the situation of Hong Kong as a centre of
economic activity ?

What action has the Council taken to ensure that the present
conditions for the subsidiaries of European companies in
Hong Kong remain unchanged ?

What Council negotiations and strategies are planned for
the next couple of years in order to preserve the continuity of
Hong Kong as a centre of economic activity after 1997 ?

Answer

What is the total amount of EU subsidies earmarked for

Austria for this year and for the period 1995 — 1999 under
the various Community initiatives ( Rechar, Interreg,
etc .), the Structural Funds ( Objectives 1 to 5b ),
action programmes ( Leonardo, Raphael, etc .) and for
agriculture ?

What proportion of the funds earmarked for 1995 are likely
to be paid out this year ? Are subsidies which are earmarked
for 1995 but not paid out, forfeited ?

What is the Commission's assessment of the Austrian

projects submitted for subsidies so far, in terms of both
quality and quantity ?

Supplementary answer given by Mr Santer

on behalf of the Commission

(1 April 1996 )

In view of the length of its answer, the Commission is
sending it direct to the Honourable Member and the
Parliament's Secretariat .

(2 April 1996 )
WRITTEN QUESTION E-3434 / 95

. by Michl Ebner ( PPE )

The European Union, on 4 December 1995, has expressed
its views on the transition for Hong Kong in the conclusions
agreed by the Council on the Commission communication
on a long term policy for China-Europe relations . In this
text, the Union acknowledges the importance of Hong Kong
and Macau, both directly and in the context of EU policy
towards China . The Union wants to see smooth and

successful transitions for Hong Kong and Macau in 1997
and 1999 respectively . It emphasizes the importance of a
continuation of the rule of law for the future success of

Hong Kong and Macau, and also the importance of a
market economy and a high degree of autonomy ( in
accordance with the terms of the Joint China-UK
Declaration of 1984 and the Joint China-Portugal
Declaration of 1987 ).

to the Council

(3 January 1996 )

( 96 / C 137 / 24 )

Subject : Recognition of surveyors ' qualifications at
European level

Given

— that the profession of surveyor in Italy is governed by the

following Italian laws : Article 7 of Law No 1395 / 23 ;
R. D. ( Regulation on the profession of surveyor ); Law
No 144 / 49 ( governing rates of pay );

No C 137 / 12 EN Official Journal of the European Communities 8 . 5 . 96

— that school education in Italy currently lasts five years

and that a two-year traineeship, or proof of five years '
work experience, is required after which a State Exam

( Law No 75 / 85 ) must be taken ;

— that the profession of surveyor in Italy covers a wide

range of areas of work requiring continual further
training ;

— that the Italian Parliament is currently considering two

draft laws ( Chamber of Deputies draft law No 2701 and
Senate draft law No 262 ) making a university degree
a prerequisite for admittance to the Register of
Surveyors ;

— that a number of Italian universities have, at the

recommendation of the Ministry, introduced
experimental courses within existing subjects

( infrastructure, construction, etc .) with financial
support from the Surveyors ' Fund pending recognition
of a university degree ;

— that similar courses leading to a university degree after

three years ' study have been approved for other
professions ( Law No 183 of 12 February 1992 ),

can the Council say what action it intends to take to ensure
that the profession of surveyor is included in Directive
89 / 48 / EEC ( 1 ), which is more suitable for the nature of the
profession of surveyor and to which surveyors in other
Member States are already subject, so that all those
practising this profession enjoy the same opportunities and
are not required to take additional exams as has hitherto
been the case ?

(') OJ No L 19, 24 . 1 . 1989, p . 16 .

Finally, it should be remembered that it is the Commission
which is responsible for monitoring the implementation of
Directives already adopted .

C ) OJ No L 19, 24 . 1 . 1989, p . 16 .

WRITTEN QUESTION E-3442 / 95

by Gianni Tamino ( V )

to the Commission

( 18 December 1995 )

( 96 / C 137 / 25 )

Subject : Appointment and composition of the independent

bodies designated by the Italian Government in
accordance with the Regulation on an eco-label
award scheme

By decree No 413 of 2 August 1995, the Italian Government
set up a joint committee responsible for the eco-label and
eco-audit scheme in accordance with Article 9 of Regulation

( EEC ) No 880 / 92 ( 1 ) and Article 18 of Regulation ( EEC )
No 1836 / 93 ( 2 ). These Articles stipulate that the
composition of the national bodies shall be such as to
guarantee their independence and neutrality . The Italian
governmental decree provides for the division of
responsibilities among various ministries as regards the
appointment and composition of the members of the
abovementioned committee . Does the Commission not

consider that the Italian Government's decision contradicts

the requirements laid down in Article 9 ?

(') OJ No L 99, 11 . 4 . 1992, p . 1 .

Answer
( 2 ) OJ No L 168, 10 . 7 . 1993, p . 1 .

(2 April 1996 )

Given the general nature of Directive 89 / 48 / EEC on a
general system for the recognition of higher-education
diplomas awarded on completion of professional education
and training of at least three years ' duration ( 1 ), the question
of whether a professional diploma awarded in a given
Member State falls within that Directive's scope can only be
answered by reference to the criteria laid down in the text of
the Directive . The nature of the diploma awarded is
therefore the determining factor .

The Honourable Member's attention is drawn to the fact

that, even if a diploma is recognized for the purposes of
Directive 89 / 48 / EEC, the authorities of the host Member
State may still be entitled to require adaptation
arrangements ( adaptation period or aptitude test ), should
there be substantial differences either in the activities

covered by the profession in relation to the Member States
of origin or in the content of the training dispensed .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 16 February 1996 )

Regarding the establishment of the eco-label competent
body in Italy, the Commission does not see any
contradiction with the terms of Article 9 of Regulation

( EEC ) No 880 / 92 which provide for independence and
neutrality of the composition of the competent body .

In fact Article 2 of decree 413 of 2 August 1995 :
' Regolamento recante norme per l'istituzione ed il
funzionamento del Comitato per l'Ecolabel e l'Ecoaudit '
says that the members of the committee should be
nominated on the basis of complete independence in terms
of professional activity . The involvement of the different

5 . 96 1 EN, 1 Official Journal of the European Communities No C 137 / 13

ministries ( environment, health, industry, treasury ) in WRITTEN QUESTION E-3471 /
nominating different members will have a positive effect on by Jorge Hernandez Mollar ( PPE )
the composition of the competent body . The result will be a to the Commission
selection of professionals coming from different
backgrounds and expertises in the public and private ( 18 December 1995 )
sectors, safeguarding the necessary degree of neutrality . 96 / C 137 / 27

WRITTEN QUESTION E-3471 / 95

to the Commission

( 18 December 1995 )

( 96 / C 137 / 27 )

WRITTEN QUESTION E-3454 / 95

by Susan Waddington ( PSE )

to the Council

(3 January 1996 )

( 96 / C 137 / 26 )

Subject : Entitlement to emergency health care in the
European Economic Area for third-country
nationals

What is the present state of debate within the Council
concerning the Commissions proposal to amend Council
Regulation ( EEC ) No 1408 / 71 f 1 ) in order to bring
third-country nationals legally resident in an EEA Member
State within the scope of the rules on emergency health care
while on a temporary stay in another Member State, and
when is the proposal likely to be agreed by the Council,
signalling an end to the intolerable situation where
third-country nationals legally resident in the EEA are
denied freedom of movement equal to that of EU citizens ( in
many cases their sons and daughters )?

(') OJ No L 149, 5 . 7 . 1971, p . 2 and amending acts ( consolidated

version ), OJ No C 325, 10 . 12 . 1992 .

Answer

(2 April 1996 )

On 22 December 1995 the Council adopted a Regulation
amending Regulations ( EEC ) No 1408 / 71, ( EEC )
No 574 / 72, ( EEC ) No 1247 / 92 and ( EEC ) No 1945 / 93

( social security for migrant workers : miscellaneous
amendments 1994 ) ('), for which unanimity was
required .

On account of the difficulties experienced by some
delegations, the Council has not been able to reach
agreement on the Commission proposal giving
third-country nationals insured under the legislation of a
Member State entitlement to emergency health care while on
a temporary stay in another Member State .

f 1 ) Not yet published in the Official Journal .

Subject : Ceuta described as a ' colony '

Is the Commission aware that on 16 November, the in-flight
news broadcast during flight IB 3405 from Paris to Madrid,
contained an item concerning the Community frontier of the
Spanish town of Ceuta, in the course of which the
programme's presenter rather surprisingly described the
town as a ' colony '?

Given that Euronews receives Community funding, can the
Commission tell me what steps it intends to take to ensure
that there is no repetition of a lamentable mistake, which is
damaging to the image and interests of both Spain and the
city of Ceuta itself ?

Answer given by Mr Oreja
on behalf of the Commission

                                 ( 15 February 1996 )

Euronews enjoys Community financial support as a
multilingual European news channel .

The Commission administers this support in the exercise of
its budgetary management function . But it has no role in the
channel's editorial management and policy . That is the sole
responsibility of the channel itself and the shareholders in
Secemie ( Société éditoriale de la chaîne européenne
multilingue d'information d'Euronews ), which consists
exclusively of public-sector broadcasting companies, RTVE

( Spanish Radio and TV ) being among them .

The Commission can only suggest that the Honourable
Member approach the Euronews managers in Lyon .

WRITTEN QUESTION E-3472 / 95

by Pat Gallagher ( UPE )

to the Council

(3 January 1996 )

( 96 / C 137 / 28 )

Subject : Srebrenica

Has the Council undertaken any investigation into the
events in the Srebrenica area of Bosnia in May, June and July

No C 137 / 14 EN Official Journal of the European Communities 8 . 5 . 96

19 95 and, in particular, the role of the international
peacekeepers in these events and if so, what was the
outcome of these investigations ?

, the role of the international Secretary-General remains the sole authority responsible for
and if so, what was the the conduct of Unprofor forces, who have on so many
? occasions shed their blood in the cause of bringing peace to

former Yugoslavia . The Secretary-General has already made
it clear in several reports to the Security Council that the UN
forces deployed in the Srebrenica and Zepa enclaves had
Answer never failed to perform their duty, bearing in mind the
situation and the disparity of forces on the ground .

(2 April 1996 )

As the Honourable Member is aware, in the spring and
summer of 1995 the Council monitored closely the serious
deterioration in the situation on the ground in
Bosnia-Herzegovina, which culminated in the occupation of
the safe areas of Srebrenica and Zepa . The European Union
— in close coordination with the United Nations — applied
maximum pressure on the parties concerned, appealing to
them not to resort to force . The initiative taken by some EU
Member States to establish a Rapid Reaction Force to
enable the United Nations forces better to carry out their
tasks and to operate under credible safety conditions
stemmed from that negative development in the situation in
Bosnia-Herzegovina .

In its declaration of 12 July 1995 the European Union
strongly condemned the occupation of Srebrenica by
Bosnian Serb forces in flagrant violation of UN Resolutions
819, 824 and 836 . It also demanded the immediate and
unconditional release of all hostages and detained Unprofor
personnel, and complete freedom of movement for the
civilian population of Srebrenica and Unprofor . That
declaration also formed the subject of representations by the
Troika and the Commission to the Belgrade authorities to
encourage them to apply maximum pressure on the Bosnian
Serbs responsible for the attack .

In the above context, the Council strongly supported the
adoption by the UN Security Council of Resolution 1004 of

12 July 1 995 condemning the Bosnian Serb offensive against
Srebrenica .

The Council subsequently continued — also by means of the
ECMM — to monitor closely the situation on the ground in
Bosnia-Herzegovina, in particular as regards the fate of
those who had disappeared in the enclaves of Srebrenica and
Zepa at the time of the offensive by the Bosnian Serb forces .
At the same time it constantly reminded the Belgrade
authorities of its indignation and concern at what had
happened as a consequence of the actions of the Bosnian
Serb forces in the two eastern enclaves .

Following the initiation of the peace negotiations in the
United States, at which the Belgrade authorities assumed
responsibility for representing the Serbian component of he
Republic of Bosnia-Herzegovina, the Council renewed its
pressure on those authorities to secure their full cooperation
with the specialized agencies of the United Nations and the
Red Cross and with the International War Crimes Tribunal,

in order to establish the truth about events in Srebrenica .

As to the investigation referred to by the Honourable
Member, it should be noted that the United Nations

WRITTEN QUESTION P-3480 / 95

by Glyn Ford ( PSE )

to the Commission

(8 December 1995 )

( 96 / C 137 / 29 )

Subject : Travel package for football supporters

Is the Commission aware that a number of English football
clubs only sell tickets for matches abroad in conjunction
with expensive travel packages through sole agents ?

Does the Commission not feel that this practice is in
restraint of competition ? What measures are intended to
bring this practice to an end ?

Answer given by Mr Van Miert

on behalf of the Commission

( 19 lanuary 1996 )

The Commission has no information on the Honourable

Member's statement that some English football clubs only
sell tickets for matches abroad in conjunction with travel
packages through sole agents .

As regards a possible restrictive effect of such a practice, the
Commission refers to its Decision of 27 October 1992 ( ! ),
concerning the sale of tickets at the 1 990 football world cup .
In this case the organizing committee granted to a tour
operator the exclusive right to sell entry tickets as part of a
package tour . All other tickets were sold subject to the
explicit condition that they would not be resold to travel
agencies .

The Commission considered that this agreement restricted
competition at the expense of consumers who purchased
package tours, and thus infringed Article 85(1 ) of the EC
Treaty . In its Decision, the Commission carefully examined
whether the exclusive distribution system involved could be
justified by the need to guarantee safety at matches .

8 . 5 . 96 EN J Official Journal of the European Communities No C 137 / 15

However, it was clearly demonstrated that a number of
other tour operators could have complied with the
organizer's requirements and would therefore have been
able to offer competing package tours without undermining
safety .

This was the first time that the Commission adopted a
formal Decision under its competition rules concerning the
sale of tickets at sporting events . The Commission intends to
ensure that the distribution systems of sporting events fully
comply with Community competition rules . In this way it
can guarantee that consumers who wish to attend such
events are able to purchase entry tickets or package tours on
advantageous conditions as a result of competition between
several distributors .

As the Commission has insufficient information regarding
the market described by the Honourable Member, it cannot
judge whether the practice concerned infringes the
competition rules .

— in the table entitled ' Financial details of the priority

projects ', the column ' Decision 95 ' for project No 8,
motorway Lisboa — Valladolid, is zero since the
Portuguese and the Spanish authorities have decided, for
different reasons, not to request co-financing from the
Trans-European network-transport ( TEN-T ) budget in

1995 . Therefore, the support initially envisaged by the
Commission was allocated to other Portuguese and
Spanish projects of common interest ;

— project No 13 which appears under the project No 8 in

the table, is erroneously entitled ' Ireland-United
Kingdom-Benelux road link '. Instead, it should read
' Cork-Dublin-Belfast-Stranraer railway / combined link ',
for which the allocation in 1995 is zero since the Irish

authorities have not requested support from the TEN-T
budget in 1995 ;

— as regards project No 13, Ireland-United
Kingdom-Benelux road link, the allocated support is
ECU 2 million for 1995, as indicated .

C ) OJ No L 326, 12 . 11 . 1992 . (M IP / 95 / 1268 .

WRITTEN QUESTION P-3481 / 95

WRITTEN QUESTION E-3493 / 95
by Helena Torres Marques ( PSE )
to the Commission by Daniel Varela Suanzes-Carpegna ( PPE )

to the Commission

(8 December 1995 )

(3 January 1996 )
( 96 / C 137 / 30 )

( 96 / C 137 / 31 )

Subject : Lisbon — Valladolid motorway

Quoting the Commission report on the progress of
Trans-European Networks, the ' Agence Europe ' bulletin of
22 November 1995 reported that the 1995 ' TEN ' budget
heading had been totally used up and that 12 of the 14
priority projects had received Community financing . The
priority projects that have not yet received funding are the
Lisbon — Valladolid motorway and the Ireland-United
Kingdom-Benelux road link .

Will the Commission state how things stand with regard to
these projects, in particular the Portuguese project ?

Answer given by Mr Kinnock

on behalf of the Commission

(9 January 1996 )

The information quoted by the Honourable Member was
included in the press release issued by the Commission on
21 November 1995 (') in relation to the progress report for
the Madrid European Council on the Trans-European
energy, télécoms and transport networks . In response to the
question, the following clarification is provided :

Subject : Creation of a task force for maritime systems of the

future

The Commission ( DG III ) has recently created a maritime
task force whose main purpose is to contribute to R&D
linked to future maritime systems . In order to establish
direct contacts with the industry concerned, a decision has
been taken to create a mirror group responsible for contacts
with the Commission, which is to define the specific
objectives of the task force and identify future priorities
among the fields of research .

Can the Commission say what criteria are being followed in
appointing the members or institutions which will comprise
this contact group ? It is striking that DG XVI ( Regional
Policy and Cohesion ) is not among the large number of
Commission departments collaborating with DG III in the
task force .

Is the Commission aware of the regional impact of future
maritime systems ? What measures will it adopt to ensure
that the impact of such future maritime systems on the
internal market conforms to the economic and social

cohesion enshrined in the Treaty and a comprehensive
view of nascent European regional planning ? Can the
Commission list the measures which it will implement

No C 137 / 16 EN Official Journal of the European Communities 8 . 5 . 96

within the task force in order to provide a fresh and lasting
impetus to the economies of Europe's long Atlantic
coastline ?

Answer given by Mr Bangemann

on behalf of the Commission

(1 S February 1996 )

In 1995 the Commission set up a task force on ' future
maritime systems ' which marks the bringing together of
research and industry in the maritime industries sector . The
essential aim of the task force consists, jointly with industry,
of identifying industrial and technological aims and of
generating synergies between the activities of industry, the
Commission and the Member States . In addition the task

force coordinates applications in the maritime-industries
sector of the information society ( adopted by G7 under the
name of Maris ) at both European and G7 level .

The sectors covered by the task force are shipbuilding,
maritime transport and marine resources ( fisheries,
aquaculture, energy ).

The ' Mirror Group ' was set up by the industry itself . The

Commission is not involved in choosing the members of this
group, but it ensures that all of the sectors of the maritime
industries are represented .

The industrial interface of the task force has its origins in the
maritime industries forum ( MIF ) set up in 1992 at the
Commission's prompting . This forum brings together all of
the branches of the maritime industry ( shipbuilding,
transport by sea, equipment manufacturers, ports, marine
resources ).

As ever the Commission has assigned prime importance to
the regional aspect of the maritime industry . Indeed, in both
the task force and the MIF close links exist with the regions
via the AMRIE ( Alliance of Regional Maritime Interests in
Europe ) and via the CRPM ( Conference on the
Community's Peripheral Maritime Regions ).

DG XVI is currently a member of the task force, as is DG
XXII in order, respectively, to cover the ' regional ' and
' human resources ' aspects . The action that the Commission
intends to take in order to rekindle the economies of the

European seaboard form part of a Commission
communication that is in preparation and bears the title
' Communication on the competitiveness of the maritime
industry ' planned for mid - 1 996 and intended to promote
intangible investment, expand industrial cooperation,
provide the conditions for fair trading and modernizing the
role of the public authorities .

The task force is focusing its activities on intangible
investments .

Thus research is used as a tool in order to improve the
competitiveness of the maritime industries . The use of high
technology in this area will cause shipbuilding and transport
by sea to be modernized by providing safety, respect for the
environment and the maintenance of medium - and

long-term jobs .

Training is an essential component of this . Indeed the best
technological equipment requires constant adaptation to
technical progress by all of the human resources in order
thus to become the key to competitiveness . The same applies
to the training of European seamen and other seafarers .

The range of activities recommended by the Commission
will not only bolster this sector but will also provide
considerable support for the coastal regions, improvements
to sea traffic and equality of the environment .

WRITTEN QUESTION E-3494 / 95

by María Aramburu del Río ( GUE / NGL )

to the Commission

(3 January 1996 )

( 96 / C 137 / 32 )

Subject : Demolition of the historic Royal Cotton Factory in

Avila ( Spain )

The minicipal government of the town of Avila ( Spain ) — a
town which Unesco has declared to be of world historical

significance — recently ordered the demolition of the Royal
Cotton Factory, an 18th century public building with
unique features in the region concerned, which is of
undoubtable artistic value and figures among the historic
buildings of Castille and Leon .

Bearing in mind the efforts made by individuals and groups
in Avila with the aim of conserving this monument :

Can the Commission take any initiative or intervene in any
way to preserve this historic building ?

Does the Commission consider that the demolition of the

Royal Cotton Factory, and other similar actions which
might be undertaken by the various Member States, is in
breach of the spirit of the Raphael programme for heritage
conservation ?

8 . 5 . 96 tN Official Journal of the European Communities No C 137 / 17

Answer given by Mr Oreja
on behalf of the Commission

(6 February 1996 )

As the Honourable Member is aware, the Commission does
not have the competence to intervene in the policy and
decision making of national or regional authorities in the
field of cultural heritage preservation . The Commission's
action in the last few years has been to support initiatives —
at national, regional or local level — destined to preserve
historic monuments or sites within the framework of its

support for pilot projects to preserve the European
architectural heritage .

The Raphael programme which, as the Honourable
Member is aware, has not as yet been the subject of a
common position in the Council ( ' ), is destined to encourage
and support cooperation amongst the partners concerned so
that the protection, preservation and presentation of
cultural heritage with a European dimension is enhanced in
value added terms and furthermore results in increased

opportunities for cultural, social and economic
development .

Pending the adoption and implementation of the Raphaël
programme and thanks to the budgetary allocation that the
Parliament has approved for culture, the Commission is
currently preparing actions which are closely linked to the
proposals of Raphaël . These actions will be published
shortly in the Official Journal of the European
Communities .

Should an initiative to preserve the historic royal cotton
factory in Avila meet the conditions for participation in
these actions, the Commission would gladly receive an
application for consideration .

C ) COM(95 ) 110 .

WRITTEN QUESTION E-3521 / 95

by Werner Langen ( PPE )

to the Council

(3 January 1996 )

( 96 / C 137 / 33 )

Subject : Expansion of wine-growing areas in Spain

Under the transitional provisions for Spain's and Portugal's
accession to the EU, Spain was authorized to convert former
table-wine growing areas into quality-wine growing

areas .

The resultant expansion of wine production has been the
subject of repeated criticism .

What is not compatible with the above provisions is the
plantation of completely new estates on land where vines
have never before been planted and grapes have never

grown .

One example is the Enate estate ( Vinedos y Crianzas de Alto
Aragon ). This estate prides itself, according to its own
advertising copy, of having planted 120 ha of new vines . The
German-language version of its brochure even boasts that
the Enate estate is so determined to leave absolutely
nothing to chance that it has installed a state-of-the-art,
computer-controlled irrigation system . This, it freely
admits, is normally prohibited in the EU, but, just as in the
Wachau region, there are special exemptions for those who
can show they are producing top-quality wines .

1 . How great an area of new wine-growing land has been
planted in Spain from the time of Spain's accession to

1994 ?

2 . How great an area of wine-growing land has been
converted in Spain from table-wine growing to
quality-wine growing from the time of Spain's accession
to 1994 ?

3 . How does the EU monitor the arrangements for
cessation of cultivation that have existed since the mid

1970's and also apply to Spain ?

4 . What growth has there been in the total area devoted to
wine growing in Spain from accession to 1994 ?

5 . How does the Council judge the Spanish Government's
intention to authorize irrigation on a grand scale in time
to come ?

Answer

(. 27 March 1996 )

1 . and 4 . According to the Council's information,
gleaned from the ' Commission reports to the Council on
foreseeable trends in the planting and replanting of
vineyards in the Community and on the balance of
production and consumption in the wine sector ', covering
the 1987 / 88 wine year (') and the 1988 / 89 and 1990 / 91
wine years ( 2 ), which were submitted by the Commission to
the Council pursuant to Article 9 of Regulation ( EEC )
No 822 / 87 on the common organization of the market in
wine, the total wine-growing area in Spain has been
decreasing continuously from 1980, from 1 717 000 ha in

1980 to 1 454 000 ha in 1990 . The Council does not as yet
have information on subsequent wine years .

2 . The Council has no detailed information on the data

for the planting of vines by category in Spain and is therefore
unable to give the Honourable Member an answer .

3 . On 19 June 1989 the Council adopted Regulation

( EEC ) No 2048 / 89 laying down general rules on controls in
the wine sector . Amongst the areas of control envisaged for
improving checks on compliance with the Regulations on
wine, specific provision is made for the area of ' grubbing,
replanting and new planting '.

The Council recently examined the ' Report from the
Commission to the Council and the European Parliament
concerning the activities of specific officials for controls in
the wine sector for the period running from 1 May 1992 to
31 December 1994 inclusive ' ( 3 ).

No C 137 / 18 EN Official Journal of the European Communities 8 . 5 . 96

The report mentions the following missions during the
period in question :

— five missions on the subject of illicit planting, one of

which was in the Member State to which the

Honourable Member refers ;

— one mission on the subject of grubbing up and

replanting, and

— eight missions on the subject of permanent
abandonment, one of which was in Spain .

5 . In conclusion, it should be pointed out that
Community rules on the oenological practices and processes
authorized for wines and must, incorporated in particular in
basic Regulation ( EEC ) No 822 / 87, does not prohibit
irrigation . Regulation ( EEC ) No 823 / 87 concerning quality
wines produced in specified regions ( psr ) stipulates that
irrigation may be authorized by the Member State on certain
conditions .

(•) SEC(90 ) 2135 final .

( 2 ) COM(94 ) 28 final .

( 3 ) COM(95 ) 368 final .

WRITTEN QUESTION E-3525 / 95

by Martina Gredler ( ELDR )

to the Commission

(3 January 1996 )

( 96 / C 137 / 34 )

Subject : Commission Decision on the authorization of

genetically modified rapeseed

Under a procedure in accordance with Article 21 of
Directive 90 / 220 / EEC ( J ), the Commission was asked by the
Member States to include compulsory marking in its
Decision on EU-wide authorization of genetically modified
rapeseed . The Commission however insisted at its meeting
of 29 November 1995 in dispensing with compulsory
marking, as a result of which the item was referred back
to the regulatory committee responsible for further
consideration .

How does the Commission justify its action, and what
objections can it submit to a compulsory marking
requirement for genetically modified rapeseed ?

Does the Commission seek with its Decision on rapeseed to
create a precedent so as to be able to dispense with
compulsory marking for subsequent applications for
authorization of genetically modified products ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 15 February 1996 )

The committee established under Article 21 of Directive

90 / 220 / EEC adopted by qualified majority a favourable
opinion on a draft Decision on the placing on the market of
seeds of genetically modified, herbicide tolerant oil seed rape
in January 1995 . It was provided that the seeds should
carry on the label the indication that ' the product has
been modified so as to be tolerant to the herbicide
glufosinate-ammonium '.

By Commission Decision of 29 November 1995 the words
' modified so as to be ' were deleted, because this wording is
meaningless since any breeding activity, modern or
traditional, results in modification when compared with
existing plants . As this change is considered significant, the
Commission decided to resubmit the draft Decision to the

committee for opinion .

The labelling that has to be foreseen for further approvals of
products, which consist of or contain genetically modified
organisms, will be decided case by case . The Commission
considers that under Directive 90 / 220 / EEC the labelling of
such products has to be made in relation to the proposal of
the notifier and to the results of the risk assessment ( which
has to be carried out in the framework of the Directive ) and
not in relation to the technology by which the new trait ( in
this case herbicide tolerance ) has been obtained . This same
approach was adopted for the first genetically modified crop
authorized under Directive 90 / 220 / EEC (a tobacco with a
new trait which was also herbicide resistance ).

The Commission is, however, conscious of the need for a
global discussion on the issue of labelling in the context of a
future revision of Directive 90 / 220 / EEC .

WRITTEN QUESTION E-3527 / 95

by Roberto Mezzaroma ( UPE )

to the Council

(3 January 1996 )

( 96 / C 137 / 35 )

Subject : The building of a Catholic church in Saudi

Arabia

Bearing in mind the principle of reciprocity and the

authorization of genetically modified products ? harmonization of world relations, can the Council request

Saudi Arabia to allow the construction of a Catholic church

(') OJ No L 117, 8 . 5 . 1990, p . 15 . or any other type of building for use for a religious faith in

8 . 5 . 96 1 EN I Official Journal of the European Communities No C 137 / 19

that country, just as Saudi Arabia has been allowed to build
mosques throughout the world, including Rome ?

Arabia has been allowed to build The Council would point out, however, that the concept of
world, including Rome ? family was mentioned in the Platform for Action of the

Fourth World Conference on Women, which was adopted

to ensure that a Catholic church in Beijing on 15 September 1995 by the Governments of the
? States which took part in the Conference, including the

fifteen Member States of the European Union . Paragraph 29
of the Platform states that the family is the basic unit of
society and as such should be strengthened ; it also
Answer recognizes that there are various forms of the family in
different cultural, political and social systems .

Can the Council take action to ensure that a Catholic church

can be built in Saudi Arabia ?

(2 April 1996 )

The Council is aware that the practice of any form of
religion other than Islam in Saudi Arabia is prohibited by
law .

In December 1 995 at the United Nations General Assembly
in New York the European Union made a reference to Saudi
Arabia in a statement on human rights, expressing concern,
among other things, at the existence of serious obstacles to
the enjoyment of human rights and freedom of religion and
expression . The EU called on the Saudi authorities to
cooperate fully with all human rights monitoring bodies .

The Council believes that a regular dialogue on human
rights is the most effective way to address this issue . The
Saudi authorities are well aware of the European Union's
view on freedom of thought, conscience and religion and on
the importance of inter-faith dialogue .

WRITTEN QUESTION E-3530 / 95

by Roberto Mezzaroma ( UPE )

to the Council

(3 January 1996 )

WRITTEN QUESTION E-3534 / 95

by Richard Howitt ( PSE )

to the Commission

(3 January 1996 )

( 96 / C 137 / 37 )

Subject : Delay of Helios payments

In the light of reports that several non-governmental
organizations have had to take out bank loans, or cancel
activities because of late payment, what plans has the
Commission to speed up payment of grants under the Helios
programme ? What are the longest and shortest times that
NGOs have had to wait for grant payments from the Helios
programme ?

Answer given by Mr Flynn
on behalf of the Commission

( 96 / C 137 / 36 ) (6 February 1996 )

Subject : Definition of the concept of family

The word ' families ' is increasingly used in place of ' family ',
thereby giving rise to ambiguity and misleading
interpretations .

Can the Council give a clear, conclusive definition of the
term ' family ' and ' families ' and the concepts relating thereto
from the point of view of nature and religion, in particular
by specifying the notions which can lead to a clear vision and
understanding of these two concepts ?

Answer

(. 27 March 1996 )

Family policy is a matter for the individual Member
States .

The facts mentioned relate to events which occurred in

1994 . Owing to unforeseeable circumstances, the
Commission was not in a position, within a reasonable
period of time, to send to the non-governmental
organizations their subsidy contracts entitling them to
receipt of the first payment . Nevertheless, so as not to
penalise the work done by these organizations to promote
integration and equal opportunities for the disabled, and at
the request of certain organizations, the Commission
granted extensions to their contracts .

Furthermore, in order to avoid similar problems in the
future, the Commission has undertaken to convene a
meeting of the persons concerned as soon as such a situation
arises, in order to attempt to find a solution . This
arrangement was not implemented in 1 995, as there were no
delays in the procedures for the granting of subsidies .

No C 137 / 20 EN Official Journal of the European Communities 8 . 5 . 96

WRITTEN QUESTION E-3539 / 95

by Danilo Poggiolini ( PPE )

to the Commission

(3 lanuary 1996 )

adopted to protect the environment and reduce health
risks .

(') OJ No L 365, 31 . 12 . 1994 .

( 2 ) OJ No L 163, 14 . 6 . 1989 .

( 96 / C 137 / 38 ) ( 5 ) OJ No L 203, 15 . 7 . 1989 .

Subject : Pollution caused by incinerators

WRITTEN QUESTION E-3540 / 9 5

Given the articles which have appeared in The Lancet and
other medical journals stating that incinerators always
produce a minimum level of dioxins, which can, in the long
term, cause cancer in the inhabitants of the areas in which
the incinerators are located, is the Commission prepared to
propose a Directive which would impose stringent controls
on incinerators, only authorizing the use of incinerators in
Europe which are not harmful, or if this is impossible,
banning their use ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 13 February 1996 )

Directive 94 / 67 / EC on the incineration of hazardous waste
was adopted by the Council on 16 December 1994 (').
Article 1 states that the aim of the Directive is to provide for
measures and procedures to prevent or, where that is not
practicable, to reduce as far as possible negative effects on
the environment and the resulting risks to human health
from the incineration of hazardous waste and, to that end,
to set up and maintain appropriate operating conditions and
emission limit values for hazardous waste incineration

plants within the Community .

Among the main pollutants resulting from the incineration
of hazardous waste, the Directive sets a guide value of
0,1 ng / m 3 for dioxins and furans . This must become a limit
value by 1 January 1997 at the latest once the Commission,
following the opinion of the Committee set up by Article 16
of the Directive, has adopted a harmonized measurement
method at Community level for emissions into the air .
This measurement method is now in the final stage
of preparation in the European Committee for
Standardization .

As for the incineration of non-hazardous waste, the
Commission's legislative programme for 1997 includes
plans to amend Directives 89 / 369 / EEC ( 2 ) and
89 / 429 / EEC ( 3 ) on the incineration of municipal waste .

Under the conditions esablished by Directive 94 / 67 / EC and
in the light of the scientific data available in 1994, the
0,1 ng / m 3 limit value for dioxin and furan emissions was

by Pieter Dankert ( PSE )

to the Council

(3 January 1996 )

( 96 / C 137 / 39 )

Subject : Budgetary control

In accordance with Article 5 of Council Decision
95 / 402 / JHA (') of 25 September 199 5, the Commission is
responsible for implementing financing Decisions pursuant
to the Decision .

According to Article 3, third paragraph, of Council Decision
95 / 403 / CFSP ( 2 ) of 25 September 1995 expenditure
pursuant to this Decision shall be administered in
accordance with the Community's budgetary rules and
procedures .

Can the Council

1, explain what it understands by ' the Community's
budgetary rules and procedures '?

2, explain why different forms of wording are used for the
administration of expenditure under CFSP and JHA
cooperation, even though the Articles in the EU Treaty
are identical and even though in both cases the Decisions
in question are financed from the Community
budget ?

C ) OJ No L 238, 6 . 10 . 1995, p . 2 .

( 2 ) OJ No L 238, 6 . 10 . 1995, p . 4 .

Answer

(2 April 1996 )

1 . The Community's budgetary rules and procedures are
those applicable to all expenditure entered in the budget of
the European Communities .

2 . Inasmuch as the financing of the two Decisions to
which the Honourable Member refers is chargeable to the
Community budget, it is apparent that all of the ' budgetary
rules and procedures ' applicable to Community budgetary
expenditure apply ipso facto to both of those Decisions,
whether this is stated in the text ( as in Decision
95 / 403 / CFSP ) or not ( as in Decision 95 / 402 / JHA ).

8 . 5 . 96 I EN Official Journal of the European Communities No C 137 / 21

WRITTEN QUESTION E-3541 / 95

by Jaak Vandemeulebroucke ( ARE )

to the Commission

(3 January 1996 )

( 96 / C 137 / 40 )

Subject : Use of languages by the Commission

I have received from DG V an invitation to attend the

' European Social Policy Forum ' to be held on 27 to
30 March 1996 in Brussels .

Quite apart from the fact that this invitation was sent in
English and not Dutch, I note that the Forum will be held in
the ' Palais des Congrès ' in Brussels . Giving this address in
French contravenes the rules which the Commission itself

says it applies .

Why was this address given in French only ? If the fault lies
with an outside agency, what action will the Commission
take against that agency ?

Answer given by Mr Flynn
on behalf of the Commission

( 12 February 1996 )

The invitation in question was intended to provide a certain
amount of practical information as quickly as possible . It
was not an official document .

The Commission appreciates the problem and will try to
ensure that this does not happen again in future .

2, what caused the shutdown ?

3, was there a valid reason for the shutdown ?

4, how many companies were involved and how many
people were employed ?

5, how many companies were left without work as a result
of the shutdown and how many workers were made
redundant and were unable to find jobs ?

6, what was the cost of the ENEL shutdown ?

7, did the shutdown help to clarify the situation ?

8, has work resumed ?

Answer given by Mr Papoutsis

on behalf of the Commission

( 15 February 1996 )

The Commission is unfortunately unable to reply to the
Honourable Member's question .

As the wording of the question indicates, this is a matter of
national, not Community, jurisdiction . Furthermore,
forwarding such a request to a Member State is not one of
the Commission's tasks as defined in the Treaties .

The Commission can therefore only advise the Honourable
Member to approach the Italian authorities directly, as they
alone are competent in this matter .

WRITTEN QUESTION E-3543 / 95

WRITTEN QUESTION E-3546 / 95
by Roberto Mezzaroma ( UPE )

to the Commission by Ilona Graenitz ( PSE )

to the Commission
(3 fanuary 1996 )

(3 January 1996 )
( 96 / C 137 / 41 )

Subject : Shutdown at the Montalto di Castro power plant

( Italy )

Will the Commission ask the Italian Government to

approach the ENEL company with a view to obtaining a
report on the shutdown at the Montalto di Castro power
plant ( Italy ) and, in particular, answering the following
questions :

1, why was work stopped at the plant ?

( 96 / C 137 / 42 )

Subject : Involvement of nature conservation authorities in

rural programmes

In which Member States are nature conservation authorities

statutorily involved in drawing up, monitoring and
evaluating agricultural and environmental programmes ?

Are there Community rules requiring such involvement ?

No C 137 / 22 EN Official Journal of the European Communities 8 . 5 . 96

Answer given by Mr Fischler
on behalf of the Commission

( 12 February 1996 )

The Commission attaches great importance to the follow-up
and evaluation of agri-environmental programmes
approved under Regulation ( EEC ) No 2078 / 92 (')

( agri-environment ). Member States have to ensure that
agri-environmental programmes are implemented through
appropriate procedures and achieve effective results . In this
respect, greater involvement of the environmental
authorities deserves consideration .

Under the Structural Funds the standard clauses for

compliance with Community policies make specific
reference to the protection of the environment . Measures
part-financed by the Structural Funds and the Financial
instrument for fisheries guidance must abide by the
principles and objectives of sustainable development laid
down in the Community programme of policy and action in
relation to the environment and sustainable development
included in the Council resolution of February 1993 ( 2 ).

In particular under Article 14 of Regulation ( EEC )
No 4253 / 88, as amended by Regulation ( EEC )
No 2082 / 93 (*), Member States must enclose with their
application information to enable the Commission to
evaluate the impact on the environment . During
implementation the effects of programmes on the
environment are examined by the monitoring committees
and in the evaluation of particular measures .

(') OJ No L 215, 30 . 7 . 1992 .

( 2 ) OJ No C 138, 17 . 5 . 1993 .

( ? ) OJ No L 193, 31 . 7 . 1993 .

WRITTEN QUESTION E-3550 / 95

by Martina Gredler ( ELDR )

to the Commission

(5 January 1996 )

( 96 / C 137 / 43 )

Subject : Irregularities in marking the A7 / A8 open
competition

Have European officials, or Austrian officials of the Foreign
Ministry, the Federal Chancellery or other ministries been
involved in irregularities concerning the marking of the open
competition for A-grade officials ?

Has the Commission set up an inquiry ?

If not, why were preliminary investigations carried out ?

If the Commission has set up an inquiry, what conclusions
has it reached ?

What are the likely consequence for those officials who
passed on information on cracking the codes, thereby
facilitating identification of the candidates ?

Did these irregularities ultimately have any impact on the
ranking of the candidates ?

Will all the tests be repeated if irregularities are
suspected ?

What action is being considered to prevent future
irregularities of this nature ?

Answer given by Mr Liikanen

on behalf of the Commission

( 30 January 1996 )

From time to time the Commission is faced with allegations
of irregularities in the conduct of its competitions . Where
these allegations are based on tangible and verifiable facts,
they are thoroughly investigated by the Commission .

No irregularities occurred, however, in the competitions for
Austrian nationals . The allegations which have been made
in sections of the Austrian press are entirely unfounded .

For the competitions organized in connection with the
accession of Austria, the Commission took the necessary
precautions to rule out any manipulation, as it does for all its
competitions . For example, all the members of the selection
board are bound to secrecy . Candidates ' written papers are
marked independently by two examiners whose mother
tongue is the same as that of the candidates . The examiners
have no way of knowing whose papers they are marking .

In the competitions held for the recruitment of Austrian
administrators and assistance administrators, both
confidentiality and anonymity were ensured . The first
successful candidates have already been recruited .

The Commission would also draw attention to its answers

to the parliamentary questions put by Mr Tindemans

( E-l 189 / 95 ) ('), by Mr Bertinotti ( E-1257 / 95 ) ( l ) and by Mrs
Riess-Passer ( E-3466 / 95 ) ( 2 ).

( 1 ) OJ No C 222, 28 . 8 . 199 5 .

( 2 ) OJ No C 109, 15 . 4 . 1996 .

8 . 5 . 96 I HN | Official Journal of the European Communities No C 137 / 23

WRITTEN QUESTION E-3552 / 95

by Joaquín Sisó Cruellas ( PPE )

to the Commission

(5 January 1996 )

( 96 / C 137 / 44 )

Subject : Union energy policy

Both the Committee of Agricultural Organizations ( COPA )
and the General Committee for Agricultural Cooperation

( Cogeca ) stress that, in order to reduce the European
Union's energy dependency and improve the protection of
its environment, the Union should develop energy
production from agricultural and forestry biomass as a
matter of urgency, given that the contribution of renewable
energies currently stands at only around 4 % of final energy
consumption in the fifteen Member States . The two
agricultural organizations take the view that in its green
paper for an energy policy the Commission appears to
disregard the fact that renewable energies represent a ' real
alternative ' to the classic forms of energy .

On the basis of the studies now available, what real
possibilities does the Commission see for producing energy
from agricultural and forestry biomass ?

The need for additional incentives for producing energy
from forestry biomass is less pronounced . However, as
forest trees may not be grown on an annual basis, and the
set-aside land upon which they are grown may not therefore
be rotated annually, the producer is guaranteed five years
set-aside payments .

Research, development and demonstration activities dealing
with biomass as a renewable energy source are being carried
out in coordination between the non-nuclear energy
programme ( conversion and use ) and the agro-industry
programme ( production and logistics ). Furthermore, there
are several Community programmes in place which
promote the development and use of renewable energy, for
example Alterner, Joule and Thermie .

Renewables represent 6 % of final energy consumption in
the enlarged Community .

C ) COM(95 ) 682 .

( 2 ) COM(92 ) 226 as modified by COM(95 ) 172 .

WRITTEN QUESTION E-3565 / 95

by Jürgen Schröder ( PPE )

to the Commission

(5 January 1996 )

Answer given by Mr Fischler ( 96 / C 137 / 45 )
on behalf of the Commission

(9 February 1996 ) Subject : Aid to Saxony 1991 — 1994

The Commission agrees that energy produced from
agricultural and forestry biomass should play a role in
reducing energy dependence . A substantial part of the
Commission's white paper for an energy policy for the
European Union (') is devoted to these energy sources .

For this purpose, as a part of the reform of the arable sector,
set-aside land may continue to attract compensation when
such land is used to grow certain agricultural and forestry
raw materials for energy uses . In this way agricultural raw
material is made available at prices close to those on the
world market .

However, it is recognized that, under current conditions, the
compensation in respect of set-aside land is not sufficient to
make the production of liquid biofuels attractive, given that
the costs of using agricultural raw materials for energy
purposes are higher than those associated with fossil fuels .
With this in mind, the proposed Directive introducing a tax
on carbon dioxide emissions and energy ( 2 ) aims to allow
such fuels to be subject to a reduced rate of duty . However,
its adoption requires unanimity in the Council, which has
not yet been achieved . This leaves Member States with the
option to promote this type of renewable energy if they
wish, subject to the Community rules of competition and
indirect taxation which allow tax exemption for pilot
projects .

1 . Can the Commission list EU programmes and funds
from which payment has been made for projects in the Land
of Saxony, stating the amount of such payment and which
projects are covered, and distinguishing between those
programmes and funds which require complementary
funding from Land, Federal or local government budgets
and those which do not require any complementary funds
from public spending budgets as a condition for their

payment .

2 . What level of EU aid is called on by Saxony in
comparison to all the other Federal Lander ?

WRITTEN QUESTION E-3566 / 95

by Jürgen Schröder ( PPE )

to the Commission

(5 January 1996 )

( 96 / C 137 / 46 )

Subject : EU aid to the Leipzig ( Saxony ) district

Can the Commission list the EU programmes and funds
from which payments were made in the period 1991 — 1994
for projects in this district, the amount of such payment and
which projects were covered, distinguishing between

No C 137 / 24 EN Official Journal of the European Communities 8 . 5 . 96

those programmes and funds which required
complementary funding from Land, Federal or local
government budgets, and

those which did not require any complementary funds
from public spending budgets ?

WRITTEN QUESTION E-3567 / 95

by Jiirgen Schroder ( PPE )

to the Commission

(5 January 1996 )

( 96 / C 137 / 47 )

Subject : EU aid to the Chemnitz ( Saxony ) district

Joint answer to Written Questions

E-3565 / 95 to E-3568 / 95

given by Mr Santer
on behalf of the Commission

(8 March 1996 )

The Honourable Member's questions, referring respectively
to Saxony, Leipzig, Chemnitz and Dresden, can be given a
single answer .

Financial data is available for the whole of the Land .

Information at the district level may be obtained from the
administration of the Land in question

In addition to the financial data given below, the
Honourable Member may consult the ' info-region ' record
and the Community support framework of the Structural
Funds .

Other information ( annexes 1 to 5 ) referring to Saxony is
being sent directly to the Honourable Member and to the
Secretariat-General of Parliament .

1 . Objective 1

Can the Commission list the EU programmes and funds .
from which payments were made in the period 1991 — 1994 ( In ECU million )
for projects in this district, the amount of such payment and
which projects were covered, distinguishing between Appropriations committed Payments

Appropriations

committed Payments

— those programmes and funds which required
complementary funding from Land, Federal or local
government budgets, and

— those which did not require any complementary funds

from public spending budgets ?

WRITTEN QUESTION E-3568 / 95

by Jiirgen Schroder ( PPE )

to the Commission

(5 January 1996 )

( 96 / C 137 / 48 )

Subject : EU aid to the Dresden ( Saxon ) district

Can the Commission list the EU programmes and funds
from which payments were made in the period 1991 — 1994
for projects in this district, the amount of such payment and
which projects were covered, distinguished between

— those programmes and funds which required
complementary funding from Land, Federal or local
government budgets, and

— those which did not require any complementary funds

from public spending budgets ?

Community support
framework 1991—1993 :

ERDF 464,1 (') Balance to pay :
31,620 ( 6,8% )

Operational programmes
Community initiatives

ESF 201,6 ( 2 ) Balance to pay :

15,09 ( 7,49% )

EAGGF 116,2 Balance to pay :
7,5 ( 6,45% )

Perifra 1992 3,92

Konver 1 993 1, 66

Community support
framework 1994 :

ERDF 272,64 Balance to pay :
20%

ESF 75,4

EAGGF 38,87

5,774

129,204

(') See financial plan in Annex 1

( 2 ) See employment impact note in [Annex] [ 2] [ .]

2 . Objective Sa (')

( In ECU million )

Appropriations

committed Payments

Agricultural and
agri-foodstuffs measures
outside the CSF

1990 / 1993

51 464,076

8 815,458

1 238,525

43 968,512

8 815,458

1 238,625

8. 5. 96 EN Official Journal of the European Communities No C 137/25

3. _Trans-European_ _networks (_ _[2]_ _)_

Heading B5-700:

Leipzig-Halle Rail-Road Terminal 7 665 million ECU.

4. _Telematics and communication_ _technologoy_ _projects_

— 1992: 1,250 million ECU total cost (Community +
participants)

— 1994: 2,52 million ECU.

5. _Enterprise_ _policy_

Within the framework of the enterprise policy, for the
period in question the region of Saxony had two members of
EIC (Euro Info Centre), two members of BC Net (Business
Cooperation Network) and one member of BCC (Business
Cooperation Centre).

6. _ECSCAid_

Payments of Article 56 ECSC-conversion loan for
Saxony

ECSC

loans in

million

D M

Interest

relief in

' 0 0 0 ECU

Investment

in million

D M

Number of

projects

Number of

jobs
created

1 9 9 1 1 5 6 2 7 1 1 5, 9 2 1, 6 1 2 4 5

1 9 9 2 2 4 1 9 7 4 5 2 0, 2 7 0, 3 4 1 6 0

1 9 9 3 2 2 2 1 3 9 1 4 1 6, 7 6 1, 3 4 3 9 5

1 9 9 4 3 3 8 8 1 0 1, 6 1 5, 0 1 0 7 4

— Complementary funding from public authorities'
budgets is not required.

— Details about individual projects cannot be given, in
view of the need for banking secrecy.

7. _Energy_

Under the Thermie programme, the Land of Saxony has

received:

— around ECU 1,86 million in financing for eight projects
which have not received any other public finance.

— contracts worth ECU 1,7 million with IECU

(Internationales Centrum fur Energie und
Umwelttechnologie — International Centre for Energy

and Environmental Technology) in Leipzig. 1 0 0 %
financing to promote the application of energy policies

in the new Lander.

In comparison, Saxony received ECU 3,6 million out of
108,5 for the whole of Germany, wit 4,1 going to
Saxony-Anhalt, 14,8 to Lower Saxony and 1 to

Rhineland-Palatinate.

The detailed breakdown of the funding is as follows:

— Leipzig ECU 1,9 million

— Chemnitz ECU 1 million

— Dresden ECU 0,7 million

_8. Human ressources, education,_ _training and youth_

_(In ECU)_

European funds in Saxony

Comett 5 5 5 5 3 0

Erasmus and Lingua II 2 5 9 5 0 0 5

F O R C E 8 8 2 4 6 8

Youth for Europe 8 2 4 6 7

Petra 2 4 2 8 0 0

European funds in Leipzig-Saxony

Erasmus and Lingua II 1 4 1 3 0 5 5

European funds in Chemnitz-Saxony

Erasmus und Lingua II 1 5 7 2 8 8

Youth for Europe 3 7 1 9 1

European funds in Dresden-Saxony

Erasmus and Lingua II 7 2 6 1 3 2

Youth for Europe 4 5 2 7 6

9. _Science, research and development_ _(_ _[ 5]_ _)_

Business, research centres, universities and other legal
entities in Saxony participated in R & T D projects with 466
other partners, and received a financial contribution from
the Community of ECU 6,3 million of which

— ECU 1,7 million was designated for entities established

in Chemnitz

— ECU 0,9 million was designated for entities established
in Leipzig

— ECU 2,0 million was designated for entities established

in Dresden

10. _Environment_

Actions funded with LIFE in Saxony; including the amounts

of LIFE's contributions to such actions.

No C 137 / 26 EN Official Journal of the European Communities 8 . 5 . 96

( In ECU )

Year Plan Recipient of funds Grant in ECU

1991 Preliminary feasibility study on part of
the Elbe catchment area

1993 Leipziger East pilot project for
ecological development of the
countryside around the city

1993 Cross-border sewage and drinking
water solutions for the Oder

1994 Environmentally appropriate
recovery of large-scale mercury
steam rectifiers

Internationale Kommission zum

Schutz der Elbe, Magdeburg

1 00 0 000

The city of Leipzig 2 155 019

Saxony State Ministry for the
Environment and Regional
Development, Dresden

GMR Gesellschaft für Metallrecycling
mbH, Leipzig

497 903

185 162

( 1 ) See Annex 3 . helping to prevent similar mistakes occurring in the future at
( 2 ) See Annex 4 . the embassies of Member States or anywhere else ?

(■') See Annex 5 .

Answer

(2 April 1996 )

WRITTEN QUESTION P-3577 / 95

by Sérgio Ribeiro ( GUE / NGL )

to the Council

(3 January 1996 )

( 96 / C 137 / 49 )

Subject : Decision by the embassy of a Member State in

Djakarta to hand over to the Indonesian police a
group of people from Timor who had asked for
diplomatic protection

What recently happened to a group of people from Timor
who, after asking for diplomatic protection, were received
by the embassy of a Member State ( Netherlands ) in
Djakarta, is quite unacceptable and shameful . The decision
to hand the group over to the police of a country which has
placed East Timor under military occupation, the failure to
respect the escort guarantees which, though questionable,
had been given to them, and the entire procedure followed
by this embassy violated the fundamental rules governing
diplomatic protection and, even more important, the rules
which the European Union has set itself .

The right to diplomatic protection is — or should be — a
universal right . Moreover, Article 8c of the TEU officially
established this right under provisions which were
universally and justifiably considered as one of the great
successes of Maastricht . It should be remembered that the

people of East Timor are, under international law, citizens
of a territory which has not yet been decolonized and is still
legally under the supervision of a Member State .

Has the Council been fully informed about this incident ?
Does it agree that it has a duty to take a stand on the matter,
correcting the serious procedural error that was made and

The Council of the European Union has always followed the
situation in East Timor with concern . It was informed of the

occupation of two embassies, one of them belonging to a
Member State of the Union, in Djakarta, on 7 December and
that the 58 people who had occupied the Member States's
embassy left it of their own free will . The Union is keeping
track of their situation .

The Union takes every opportunity to inform the Indonesian
authorities of its position, which consists in seeking a just
and comprehensive solution acceptable to all the parties
concerned . It will continue to support measures which could
help to resolve the question of East Timor and its indigenous
people .

WRITTEN QUESTION E-3580 / 95

by Antonio Tajani ( UPE )

to the Commission

( 10 January 1996 )

( 96 / C 137 / 50 )

Subject : Regulation ( EEC ) No 3524 / 91 concerning
technical measures for the import of pelts of
certain wild animal species

Regulation ( EEC ) No 3254 / 91 ( ] ) prohibits the use of
leghold traps for the catching of 13 animal species in all
Community countries and calls on non-Community
countries to abolish them in favour of trapping methods that
meet more humane standards .

8 . 5 . 96 1 H N | Official Journal of the European Communities No C 137 / 27

The entry into force of the Regulation on 1 January 1996 —
i.e . before internationally agreed trapping standards have
been determined — means that trade in the 13 species
concerned will be at a complete standstill, with serious
economic effects and grave consequences for employment,
disrupting international trade and jeopardizing the
livelihood of the 200 000 workers employed in the EU fur

sector .

In the light of the above considerations, does the
Commission not consider that it would be appropriate to
suspend the entry into force of the Regulation until such
time as internationally agreed trapping standards can be
established, through the efforts of the tripartite working
group consisting of representatives from the European
Union, Canada and the United States, so that all different
trapping methods can be objectively assessed ?

(') OJ No L 308, 9 . 11 . 1991, p . 1 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 12 February 1996 )

The Commission would point out that — contrary to what
the first paragraph of the question suggests — the ban on the
use of leghold traps within the Community is general and
not limited to certain species . It has been applicable since

1 January 1995 .

As far as the suggested postponement of the import
restrictions provided for in Regulation ( EEC ) No 3254 / 91 is
concerned, the Commission would refer the Honourable
Member to its proposal of 15 December 1995 for a
regulation amending that Regulation (').

Instead of a special budget for each area, there is an
indicative sharing-out of resources liable to be allocated for
the duration of the programmes in the different areas .

The total value of the renewable energy projects selected
after the first call for proposals closed in 1995 was around
ECU 86 million ( including a biomass-coal joint combustion
project evaluated in the area of fossil fuels ). This fell ECU 14
million short of the planned budget ( the information
brochure mentioned ECU 100 million ).

To try to meet its renewable energy target the Commission
decided, ahead of the enxt call for proposals scheduled for
autumn 1996, to undertake a series of immediate
operations, comprising :

— an information and awareness campaign to encourage

innovative proposals ;

— the supplementary compilation of a reserve list of

proposals liable to be funded in 1 996, giving priority to
renewable energy ;

— an additional call for proposais ().

(') OJ No C 11, lé . 1 . 1996 .

WRITTEN QUESTION E-3589 / 95

(>) COM(95 ) 737 final . by Wolfgang Kreissl-Dörfler ( V )

to the Council

( 10 January 1996 )

( 96 / C 137 / 52 )
WRITTEN QUESTION E-3585 / 95

by Jens-Peter Bonde ( EDN )

to the Commission

( 10 January 1996 )

( 96 / C 137 / 51 )

Subiect : The Joule programme

Why has the Joule programme for renewable energy sources

been allocated ECU 18,4 million less than the figure in the
preliminary budget ?

Answer given by Mrs Cresson

on behalf of the Commission

( 13 February 1996 )

Joule is the research component of the ' non-nuclear energy '

programme . As such it comes under a budget heading
( B6-7151.00 ) intended to cover all areas .

Subject : Framework agreement between the European

Investment Bank and the People's Republic of
China on Investment funding

The European Investment Bank has signed a framework
agreement with the People's Republic of China which will
make investment funding possible under the EU's
cooperation policy with third countries .

Does the European Investment Bank still grant loans when
human rights are abused in China or is there a human rights
clause in the agreement ? If so, how is it worded ?

Has the Council made its approval of the granting of loans
by the European Investment Bank conditional upon the
respect of human rights in the states in which investment is
to be funded from the loans ?

No C 137 / 28 EN Official Journal of the European Communities 8 . 5 . 96

Answer

(2 April 1996 )

The EIB provides loans in support of capital investment
projects in the framework of the Union's cooperation policy
with non-member countries . Under authorization provided
by its Board of Governors ( formed by one Minister for each
Member State ), the EIB may contribute to finance
investment projects located in Asia and Latin American
countries that have cooperation agreements with the
European Union and that satisfy the Bank's normal criteria
for lending from its own resources .

The Trade and Cooperation Agreement between the
European Economic Community and the People's Republic
of China was signed on 21 May 1985, and was approved by
the Council Regulation ( EEC ) of 1 6 September 1985 .
Within this framework the EIB and the Government of the

People's Republic of China signed a Framework Agreement
for financial cooperation on December 1995 . Although the
EIB lending from its own resources does not require
authorization from the Commission, the Bank's loans are
provided following a favourable opinion from the
Commission .

What are the arrangements concerning Cuba in these
agreements ?

Answer

(2 April 1996 )

In Madrid on 3 December 1995, the EU and the USA
adopted the New Transatlantic Agenda and a joint EU-US
Action Plan ('). These texts cover a wide range of common
actions in the political and economic fields . As regards
Cuba, the EU-US Action Plan provides for cooperation by
both parties to promote democracy, economic reforms and
human rights in this country .

(') Cf . Press communication No 356, doc . 12296 / 95 .

WRITTEN QUESTION E-3594 / 95

The Union has regularly emphasised its commitment to the
promotion of and respect for human rights and fundamental by Giovanni Burtone ( PPE )
freedoms on the basis of the Charter of the United Nations, to the Commission
the Universal Declaration of Human Rights and the Vienna
Declaration and Programme of Action and its strong ( 10 January 1996 )
support for the successful implementation of the Vienna ( 96 / C 137 / 54 )
Declaration and Programme of Action .

to the Commission

( 10 January 1996 )

( 96 / C 137 / 54 )

WRITTEN QUESTION E-3591 / 95

by Wolfgang Kreissl-Dôrfler ( V )

to the Council

( 10 January 1 996 )

( 96 / C 137 / 53 )

Subject : Arrangements concerning Cuba in the
transatlantic agreements

The European Commission has concluded its trade
discussions with the United States and on 3 December 1995

the President of the United States, Bill Clinton, the
President-in-Office of the European Council, Felipe
Gonzalez, and the President of the European Commission,
Jacques Santer, signed the EU-US agreements .

Subject : Legal definition of foreign-language assistants in

Italian unversities

The Aran has drawn up a proposal for the first national
collective employment agreement, which should serve as a
basis for laying down rules governing the employment of
foreign-language assistants . The proposal defines such
assistants as ' staff employed to carry out work relating
support for the teaching of foreign languages '. In actual fact,
university foreign-language assistants have traditionally
been called upon to teach students, helping to improve their
cultural knowledge and preparing them for professional
life .

1 . Does this proposal comply with foreign-language
assistants ' rights, as recognized in the Court of Justice
ruling of 2 August 1993, and in particular the right to
non-discriminatory economic and legal treatment ?

2 . If not, what action does the Commission intend to take,
should the collective agreement be signed, to ensure
compliance with the provisions of the Treaty, over
which no legislation at a lower level may take
precedence ?

8 . 5 . 96 I EN Official Journal of the European Communities No C 137 / 29

Answer given by Mr Flynn
on behalf of the Commission

(8 February 1996 )

The Honourable Member is referred to the answer given by
the Commission to Written Question No 3245 / 95 from Mr
McMahon (').

As regards the Honourable Member's specific question, the
Commission cannot comment on a proposal for a national
collective agreement, the text of which has not been
transmitted to it officially and which has therefore not been
the subject of an overall examination allowing it to reach a
properly founded opinion .

The Commission will, if appropriate, adopt a position once
it is in possession of full information on the present situation
in the matter, and in connection with the infringement
procedure initiated against Italy .

4 . There are well-founded fears regarding the possible
consequences of the electromagnetic fields on human
health and, in particular, on sensitive population

groups ;

5 . This project will be funded to a large extent by the
European Union ;

Will the Commission say, in view of the importance of the
alternating / direct current conversion plant which will
connect up the electricity networks of Italy and Greece,
what steps it intends to take and what representations it
intends to make to the relevant Greek authorities, to
promote and implement this important project, albeit on a
more suitable site and, after informing the local population
and taking into account any anxieties they may have ?

Answer given by Mr Papoutsis

on behalf of the Commission

(4 March 1996 )
(') OJ No C 66, 4 . 3 . 1996 .

According to the Commission this project, which is of great
importance for the interlinking of the Greek and Italian
grids, meets the relevant standards, particularly as regards
each of the points raised by the Honourable Member .

WRITTEN QUESTION E-3597 / 95

by Mihail Papayannakis ( GUE / NGL )

to the Commission

( 12 January 1996 )

( 96 / C 137 / 55 )

Subject : Construction of a high-tension power plant in

Skamnies

The Greek Electricity Board ( DEI ) intends to set up a very
high tension power station ( 400 / 150 KW ) on a site in the
Skamnies housing estate in the community of Grammenitsa

( Arta ).

Given that :

1 . The region in which the DEI wishes to construct the
alternating / direct current conversion plant is planted
with olive trees and comprises an irrigation network
funded by the IMPs and completed in 1992 ?

2 . Even though Doc . 16691 of 23 . 5 . 1995 of the Ministry
for the Environment, Regional Planning and Public
Works recommended that the DEI should maintain a

distance of at least 500 metres between its plants and
approved housing projects, in the present case the DEI
intends to set up a plant in the very centre of the
Skamnies housing estate ;

3 . The regional planning scheme for the community of
Grammenitsa is undoubtedly being wrecked and the
development of housing is being restricted ;

Thus, under Greek law, the irrigation networks completed
in 1992 must be fully restored by the Greek electricity utility

( DEI ).

Even if it is further away from the centre of the locality
concerned that station must, for technical reasons, be
located close to the existing station . Moreover, the Greek
Minister for the Environment, Regional Planning and Public
Works gave his prior agreement to the profile for this project
on 15 September .

The electromagnetic fields emitted will be well below the
' European pre-standard ' (') which lays down the safety
thresholds for the public and for employees .

(') Cenelec ENV 50166-1, published in January 1995 .

WRITTEN QUESTION E-3606 / 95

by Jean-Yves Le Gallou ( NI )

to the Commission

( 12 January 1996 )

( 96 / C 137 / 56 )

Subject : The Urban programme

Can the Commission provide information on the nature of
the schemes involving the municipality of Mureau in the

No C 137 / 30 EN Official Journal of the European Communities 8 . 5 . 96

Yvelines under the Community's Urban programme ( item WRITTEN QUESTION E-3616 / 95
B2-145 ) and a detailed list of the associations or bodies by Amedeo Amadeo ( NI )
receiving subsidies under this programme, together with the to the Commission
exact amount of the subsidies ?

( 12 January 1996 )

( 96 / C 137 / 58 )

WRITTEN QUESTION E-3607 / 95

by Jean-Yves Le Gallou ( NI ) Subject : Sustainable agriculture
to the Commission

( 12 January 1996 )

( 96 / C 137 / 57 )

Subject : The Urban programme

Can the Commission provide information on the nature of
the schemes involving the municipality of Aulnay-sous-Bois
in Seine-Saint-Denis under the Community's Urban
programme ( item B2-145 ) and a detailed list of the
associations or bodies receiving subsidies under this
programme, together with the exact amount of the
subsidies ?

Joint answer to Written Questions

E-3606 / 95 and E-3607 / 95

given by Mrs Wulf-Mathies
on behalf of the Commission

(8 February 1996 )

The use of modem agricultural techniques is not
incompatible with the objectives of sustainable development
but the inherent durability of the agricultural sector may be
jeopardized by the fragility of its economic base .

If sustainable development is an important objective for the
Commission, could it say :

1, whether, in the near future, it will be possible to
integrate various agriculture-related activities such as
agri-tourism, nature and countryside protection, the
production of renewable raw materials, integrated
land-use, the protection of agricultural land against
pollution from cities, transport and industry, etc .?

2, whether it will be possible to take advantage of
renewable natural resources and bio-recycling ?

Answer given by Mr Fischler
on behalf of the Commission

The Urban programmes submitted by the French
Government for Aulnay-sous-Bois and Les Mureaux are at (8 February 1996 )
the appraisal stage . A Commission decision can be expected
in the first quarter of 1996 .

Applications for help from the Structural Funds for the
period 199 6 — 1999 amount to ECU 8,08 million in the case
of Aulnay-sous-Bois and ECU 7 million in that of Les
Mureaux .

Most of the measures planned concern aid for economic
development and job creation ( notably through placement
agencies and partnerships with major local employers ),
training programmes and measures to improve living
conditions and transport .

The implementation of the programmes will be supervised

by a monitoring committee drawn from the regional and
local authorities . Individual projects and the beneficiary
associations or bodies will be selected by the local
authorities, under the responsibility of the prefect of the
department concerned, in the light of each programme's
priorities and objectives .

1 . The Commission shares the Honourable Member's

concern about the need to make agriculture and related
activities complementary in order to bring to fruition a
policy of sustainable development .

The Community supports this kind of integrated approach
as part of its policy to aid rural areas, in particular through
Objectives 1 and 5(b ) of the reform of the Structural Funds
and the Community initiative Leader II ( Links between
actions for the development of the rural economy ). Council
Regulation ( EEC ) No 4256 / 88 ( ] ), as amended by Council
Regulation ( EEC ) No 2085 / 93 ( 2 ), provides for the
European Agricultural Guidance and Guarantee Fund

( EAGGF ), Guidance Section, to give support, in areas
eligible for these objectives, ' to projects for the
diversification of agricultural production potential,
including non-food production, measures to promote
multiple activities for farmers, and tourist and craft
investment, projects for the protection of the environment
and maintenance of the countryside, and measures in the
field of technological, agricultural and forestry research and
development '.

8 . 5 . 96 EN Official Journal of the European Communities No C 137 / 31

As one of the back-up measures to the reform of the
common agricultural policy, Council Regulation ( EEC )
No 2078 / 92 ( 3 ) set up a Community aid scheme jointly
financed by the EAGGF ( Guarantee Section ) to support
agricultural production methods compatible with the
demands of environmental protection and maintenance of
the countryside .

2 . Agriculture may be regarded as the exploitation of
renewable natural resources . The Commission attaches

great importance to the increasing use of renewable
agricultural resources in the non-food sector ; in some cases
they may take the place of other ( energy ) resources, or of
various materials such as fibres colourants, and at the same

- time be viable new products for the farmer . Under the

Community set-aside arrangements ( Regulation ( EEC )
No 1765 / 94 ( 4 )), land left fallow may already be used for
non-food crops . And the Commission is now financing
research and pilot projects in pursuit of that objective .

The Commission is in favour of the recycling of unavoidable
and non-reusable waste . A number of pilot projects for
recycling agricultural waste are now financed by the
Community budget .

(•) OJ No L 374, 31 . 12 . 1988 .

( 2 ) OJ No L 193, 31 . 7 . 1993 .
C ) OJ No L 215, 30 . 7 . 1992 .

( 4 ) OJ No L 181, 1 . 7 . 1992 .

WRITTEN QUESTION E-3618 / 95

by Amedeo Amadeo ( NI )

to the Commission

( 12 January 1996 )

Answer given by Mr Santer
on behalf of the Commission

( 27 February 1996 )

Following the European Council's decisions on the
application of the subsidiarity principle, and the
interinstitutional agreement of 20 December 1994 on
consolidation of Community legislation, the Commission
has launched a process of simplifying Community rules and
making them more accessible to ordinary citizens .

Improving the Community's decision-making process is an
ongoing concern of the Commission . Thanks to the work
put in by the institutions, for example, it has been possible to
draw up provisions designed to ensure that the co-decision
procedure is properly followed . More energetic
improvements in decision-making procedures can only be
made by amending the Treaty : this is one of the tasks facing
the forthcoming Intergovernmental Conference, which the
Madrid European Council announced would open on
29 March 1996 . And the Reflection Group which prepared
the ground for the Conference emphasized this problem,
which was raised by the Commission in its May 1995 report
on the operation of the Treaty on European Union .

The Commission has put forward a number of proposals on
vocational education and training in accordance with the
provisions brought in by the Treaty on European Union .

The proposals on simplifying procedures do, of course, take
account of the requirement not to obstruct the European
economy with over-complicated rules and procedures for
approving them .

( 96 / C 137 / 59 ) WRITTEN QUESTION E-3623 / 95

by Christiane Taubira-Delannon ( ARE )

to the Commission

Subject : Measures to support European industry

The need has been recognized for precise criteria to be finally
established for the purposes of the Maastricht Treaty
revision and the Union's decision-making process has been
improved by restricting the requirement for unanimity to
predetermined cases, but no account has been taken of the
priorities advocated by European industrialists .

With a view to developing the European economy, can the

Commission undertake to :

1, simplify Community rules,

2, improve the decision-making process,

3, develop éducation and training ?

( 12 January 1996 )

( 96 / C 137 / 60 )

Subject : Lack of respect for human rights in Liberia

Although the signing of a peace agreement in August 1995 is
encouraging, putting an end to almost six years of conflict in
Liberia, it is only one step towards establishing a nation
where human rights are respected .

In fact, as all the parties concerned had been involved to a
greater or lesser extent in the acts of oppression known to
take place, there is a danger that reprisals will mar this
apparent return to peace . What action does the Commission
intend to take to ensure that human rights are respected
during the peace process initiated by this agreement ?

No C 137 / 32 EN Official Journal of the European Communities 8 . 5 . 96

Answer given by Mr Pinheiro

on behalf of the Commission

(1 March 1996 )

The Commission shares the concern of the Honourable

Member to ensure that respect for human rights is
integrated into the implementation of the Abuja agreement
and agrees that this agreement currently represents the best
hope for a return to peace and stability in Liberia .

The Commission would recall the massive contribution that

the Community has made towards alleviating suffering in
the sub-region through more than ECU 150 million of
assistance allocated in a balanced neutral manner to the

victims of the crisis on all sides since the start of the crisis in

1990 . It has recently launched a major post-emergency
rehabilitation programme in Liberia to help restore basic
services and prepare the ground for the return home of the
large numbers of people . The Commission has also
expressed willingness to assist in the funding of the
organization of free and fair elections as foreseen in the
Abuja agreement . The successful implementation of a return
to democratic government is an essential step towards the
installation of a state of law in Liberia .

The Commission will continue to follow events in Liberia
closely, especially the respect for human rights . It is
examining the timing of a technical assistance mission to the
country to work with the Commission's aid coordination
office in Monrovia and appropriate agencies to identify
possible Community assistance in this important sector .

WRITTEN QUESTION E-3626 / 95

by Nel van Dijk ( V )

to the Commission

( 12 January 1 996 )

( 96 / C 137 / 61 )

Subject : EU foreign-language assistants in Italian
universities

In its Twelfth annual report on monitoring the application
of Community law — 1 994 ( 1 ), the Commission says that it
has launched an infringement proceeding concerning the
employment of foreign-language assistants in Italian
universities .

Is the Commission aware that there is also discrimination

( by nationality ) against such EU assistants in respect of pay
and other terms of employment, notably maternity leave ?

Does the Commission feel it is acceptable that non-Italian
assistants should automatically be given different contracts
to those of their Italian colleagues ?

Has the Commission included, in its infringement
proceeding, differences in pay and other terms of
employment ? If not, is it prepared to do so ?

Will the Commission use its powers, as laid down in the
Maastricht Treaty, to establish a fixed penalty payable by
the Member State in question on failure to comply with the
judgment ?

(') OJ No C 254, 29 . 9 . 1995, p . 30 .

Answer given by Mr Flynn
on behalf of the Commission

(8 February 1996 )

The Commission has received a large number of complaints
from foreign lecturers in Italy concerning discriminatory
treatment in working conditions, including salary and other
conditions, like maternity leave .

An infringement procedure was started against Italy in 1 992
and in June 1995 the decision was taken to bring the case
before the Court of Justice . However, in June 1 995, a new
law was adopted in Italy that could be considered as an
acceptable legal basis for the solution to the problems of
foreign lecturers . The law provides for collective bargaining
between the universities and the foreign lecturers as regards
their working conditions, together with the preservation of
acquired rights of the foreign lecturers . The Commission
will now analyse the application and interpretation of the
law by the Italian authorities together with the outcome of
the collective bargaining process in order to decide what
legal action to take .

As regards the difference in the contracts signed with foreign
lecturers, the Commission wishes to stress that according to
the case law of the Court of Justice, the nature of the legal
relationship between the employee and the employing
administration, whether a private law contract or a public
law contract, is not a matter for Community law, provided
that the working conditions for nationals of other Member
States are not discriminatory ( ! ).

The Commission based the infringement procedure against
Italy on a breach of Article 48 of the EC Treaty due to the
limitation of the duration of the working contracts of
foreign lecturers together with the prohibition of renewal
after five years . The Commission stressed in its reasoned
opinion that such discriminatory treatment had very serious
consequences on the foreign lecturers ' remuneration and
working conditions . However, discriminatory treatment
against foreign lecturers as regards salary and other working
conditions which was unrelated to the duration of their

contracts would have to be the object of a different
infringement procedure against Italy . The Commission
would be ready to consider proceeding against Italy in such a
situation .

8 . 5 . 96 1 KN | Official Journal of the European Communities No C 137 / 33

For Article 171 of the EC Treaty to come into play, there has
to be a previous judgment against a Member State for breach
of Community law based on Article 169 of the EC Treaty .
Since there have only been preliminary rulings based on
Article 177 EC Treaty in this case, the Commission would
not be entitled to propose to the Court of Justice the
adoption of the measures provided by Article 1 71 of the EC
Treaty .

C ) Case 152 / 73, Sotgiu, 1974 ECR 153 and Case 307 / 84,
Commission v . France, 1986 ECR 1734 .

WRITTEN QUESTION E-3628 / 95

by Arthur Newens ( PSE )

to the Commission

( 12 January 1996 )

( 96 / C 137 / 62 )

Subject : Higher education and reconstruction in Bosnia

Within the context of European Union aid for
reconstruction in Bosnia, what role does the Commission
envisage for assistance for the University of Sarajevo and
higher educational infrastructure in general, especially as
regards the involvement of European Union voluntary
organizations ?

Answer given by Mr Van den Broek

on behalf of the Commission

(7 February 1996 )

The Commission attaches great importance to social
structures, especially schools, universities and hospitals, in
the reconstruction programmes it will be financing and
implementing in Bosnia-Herzegovina . These will help
re-establish close relationships between members of the
various national communities and should enable highly
qualified exiled individuals to return to their homes in
Bosnia-Herzegovina . The Commission is working closely
with local authorities with the International Management
Group ( IMG ), and with Community volunteer, non-profit,
non-governmental organizations to identify the most
promising projects, those considered most worthy of
outside assistance . Last year a ECU 440 000 grant was
awarded to an Austrian non-governmental organization,
Hope 87, to enable it to reconstruct eight buildings of the
university of Sarajevo .

WRITTEN QUESTION P-3651 / 95

by Maria Izquierdo Rojo ( PSE )

to the Commission

(9 January 1996 )

( 96 / C 137 / 63 )

Subject : Transparency and shortcomings in replies to

Members ' questions

Who was the actual author of the reply to Question
H-912 / 95 on priority measures for the education and
development of children in Morocco, the text of which
reads : ' In this new phase of the Euro-Moroccan association,
what provision has been made for joint measures to prevent
children of school age from performing traditional jobs and
chores which interfere with, hamper or arrest their
intellectual development '?

The question was tabled at the Strasbourg part-session in
December 1995 and received the following reply from the
Commission :

' The financial cooperation implemented by the
European Community supports, in particular,
programmes and initiatives aimed at establishing a better
socio-economic balance within the populations of the
Mediterranean third countries . The type of cooperation
in question encompasses numerous initiatives, the aims
of which are to improve the well-being of the least
favoured sections of the population and to guarantee
long-term income in accordance with the new economic
context established by means of the Mediterranean
Agreements .

The Association Agreement with Morocco naturally also
places emphasis on the development of rural areas,
improvements to basic infrastructure, primary
health-care and education and support for civilian
society . The intention is to strengthen such initiatives
using budget resources from the MEDA heading .

Improving the working conditions of young people is
therefore one of the priority initiatives envisaged by the
Commission .'

Answer given by Mr Oreja
on behalf of the Commission

( 30 January 1996 )

The full Commission takes responsibility for answers to
parliamentary questions . Answers are prepared in the

No C 137 / 34 EN Official Journal of the European Communities 8 . 5 . 96

manner laid down by the Commission's Rules of
Procedure .

WRITTEN QUESTION E-3655 / 95

by Karin Riis-Jørgensen ( ELDR )

to the Commission

( 12 January 1996 )

( 96 / C 137 / 64 )

Subject : Compatibility of legislation on taxis with EU rules

of competition

Danish legislation on taxis provides for a licensing system so
that the right of establishment is hampered : a taxi owner
may for instance operate in only one commune and must live
near the commune that issues has licence ; he may not set up
a limited liability company ; licences are issued to individuals
so that it is impossible for a licence-holder's children to
inherit the company or sell it when he dies .

Does the Commission not think that Denmark's licensing
system infringes the principle of proportionality and
hampers the freedom of establishment which the Treaty
guarantees EU citizens ?

Does the Commission not think that the many restrictions
are unnecessarily detrimental to freedom of competition ?

What will the Commission do to ensure free and fair

competition in the taxi sector ?

Answer given by Mr Monti
on behalf of the Commission

( 26 February 1996 )

The Commission was informed of the measures to which the

Honourable Member refers through a complaint and
has requested further information from the Danish
authorities .

Generally speaking, the right of establishment entails among
other things access to any activity under the conditions laid
down in the Member State's legislation on establishment for
its own nationals . However, freedom of establishment, by
outlawing restrictions on the exercise of a self-employed
economic activity across national frontiers, prohibits not

only conspicuous discrimination based on nationality but
also all concealed forms of discrimination which, though
based on other criteria, have the same effect . For instance,
the residence requirement may, in certain cases, lead to
discrimination on grounds of nationality (').

The right of establishment also applies to the setting-up of
agencies, branches and subsidiaries, this being no more than
the embodiment of a general principle according to which
the right of establishment comprises also the right to set up
more than one centre of activity in the territory of the
Community . However, for the matter to be covered by
Community law, the two centres of activity must be located
in different Member States, the right of establishment not
applying to purely domestic situations . Thus, Community
law may not be invoked when a Danish driver wants to
establish himself in another municipality in Denmark .

With specific reference to Danish legislation, nothing seems
to indicate that a citizen of another Member State wishing to
establish himself in Denmark would not be treated in the

same way as a Danish citizen .

Nevertheless, certain conditions for obtaining a licence
might prove to be in conflict with the freedom of
establishment, especially the residence requirement . The
Commission has been informed that the residence

requirement does not exist as such but that a physical
presence is required, something which would not necessarily
result in residence being required because it refers to the
activity and not to the place where the person lives . The
requirement to have only one licence per municipality could
also limit the possibility for a driver to have a licence in
another Member State .

With regard to nationals of other Member States, the actual
cases which have been brought to the attention of the
Commission show that the problem arises in relation to the
requirement of a physical presence ( withdrawal or refusal to
issue a licence to persons who are more than 1 000
kilometres away from the town where they wish to establish
themselves ). There would seem to be no regulatory or
practical indications that a person would lose his right to a
licence by the simple fact of having a licence in another
Member State provided that he could demonstrate his
physical presence or permanent link with the Danish town
issuing the licence .

The Court of Justice acknowledges that restrictions are
justified if they prove necessary in order to protect the
general interest . A physical presence seems inseparable from
the provision of a taxi service . Thus, even if in other
economic sectors restrictions on secondary establishment
have been declared incompatible with the EC Treaty, the
same solution cannot be applied in every case . While for
certain activities it is not necessary that the person providing
the service be in close proximity to the customer
continuously, how can a taxi service be provided if there is
no physical proximity to the customer ? The physical
presence requirement is intended to ensure the continuity of

8 . 5 . 96 I H N | Official Journal of the European Communities No C 137 / 35

the public taxi service which underlies the Danish
legislation . Physical presence could not be guaranteed if the
authorities had no assurance that the service was being
provided on a continuous basis . It would not be in the
interests of any town to issue licences which were not
used . In other fields where restrictions on secondary
establishment have been condemned by the court, this need
for continuity of service did not apply . Lastly, since the very
high taxes on vehicles in Denmark would be avoided if the
vehicles were assigned to a taxi service, the possibility of tax
fraud has been adduced by the Danish authorities as a
reason for checking that licences are actually being used .

As far as the competition rules are concerned, it should be
recalled that the provisions of the EC Treaty can be applied
only to private measures or to public measures which
reinforce the effects of agreements or concerted practices
between firms .

Accordingly, without prejudice to any in-depth study on the
specific problems of applying the disputed legislation, in
particular in border areas, which might be brought to its
attention, the Commission does not consider it necessary to
take any action in respect of the Danish legislation .

C ) Factortame judgment of 25 July 1991 ( Case C-221 / 89,
paragraph 32 ).

WRITTEN QUESTION E-16 / 96

by Gunilla Carlsson ( PPE )

Which are the Member States that have not implemented, or
fully implemented, the above Directives ?

D OJ No L 199, 9 . 8 . 1993, p . 1 .

( 2 ) OJ No L 199, 9 . 8 . 1993, p . 84 .

( 3 ) OJ No L 209, 24 . 7 . 1992, p . 1 .

Answer given by Mr Monti
on behalf of the Commission

(5 March 1996 )

The Commission refers to its answer to Written Question
E-198 6 / 95 by Mrs Falkmer ( 1 ), in which it confirmed that
some Member States had indeed not implemented or fully
implemented the directives in question . In relation to these,
the Commission confirms that it has taken no new decisions

since then .

As regards the question which of the Member States have
not implemented or fully implemented the Directives cited
by the Honourable Member, the Commission is in position
to reveal the following :

( a ) Directive 93 / 36 / EEC ( supplies ) has not been
implemented or fully implemented in Belgium,
Germany, France, Italy and Austria .

( b ) Directive 93 / 38 / EEC ( utilities ) has not been
implemented or fully implemented in Germany, France,
Austria and the United Kingdom .

( c ) Directive 92 / 50 / EEC ( services ) has not been
implemented or fully implemented in Belgium,
Germany, Greece, France and Austria .

to the Commission
(') OJ No C 326, 6 . 12 . 1995 .
( 25 January 1996 )

( 96 / C 137 / 65 )

Subject : Implementation and transposition of public
procurement Directives

Commissioner Monti's answer of 8 September 1995 to
Written Question E-l 986 / 95 submitted by my colleague
indicates that several Member States have failed to

implement certain public procurement Directives .
According to the Commission, the situation is as follows :

— Directive 93 / 36 / EEC (') ( supplies ) has not been
implemented, or fully implemented, in five Member
States ;

— Directive 93 / 38 / EEC ( 2 ) ( utilities ) has not been
implemented, or fully implemented, in four Member
States ;

— Directive 92 / 50 / EEC ( 3 ) ( services ) has not been
implemented, or fully, implemented, in four Member
States .

WRITTEN QUESTION E-22 / 96

by Hiltrud Breyer ( V )

to the Commission

( 25 January 1996 )

( 96 / C 137 / 66 )

Subject : Experimental releases of genetically modified

potatoes by the Max-Planck Institute in
Slovenia

The Max-Planck Institute has announced that it will be

releasing genetically modified potatoes in Slovenia in the
near future .

1 . Is the Commission aware of the plans for these
deliberate releases ?

2 . What safety criteria are being followed for these

releases ?

No C 137 / 36 EN Official Journal of the European Communities 8 . 5 . 96

3 . Are EU safety criteria, in particular the environmental
risk assessment required under Directive
90 / 220 / EEC ( ] ), being applied ?

4 . Does the Commission also take the view that an

internationally binding Biosafety Protocol must be
adopted as a matter of urgency in order to prevent the
' dumping ' of safety by transferring to non-EU Member
States ?

(') OJ No L 117, 8 . 5 . 1990, p . 15 .

Answer given by Mr Van den Broek

Answer given by Mr Flynn
on behalf of the Commission

(4 March 1996 )

It is not possible to say how long it will take to carry out a
check on whether the Directives on the health and safety of
workers at work have been transposed .

WRITTEN QUESTION E-57 / 96

on behalf of the Commission

by Stephen Hughes ( PSE )
(4 March 1996 ) to the Commission

( 25 January 1 996 )

1 to 3 . The Commission is aware of the plans of the Max
Planck Institute to release genetically modified potatoes in
cooperation with and under the leadership of the competent
institute of the ministry of agriculture in Slovenia .

The reasons for this release are mainly the great interest and
experience of the abovementioned Slovenian institute in
virus-resistant potatoes and the vandalizing of a previous
release with equivalent potatoes in 1994 in Germany .

With the agreement of the Slovenian Government the release
will be postponed to the growing season 1997 because the
planned genetic engineering law will then have entered into
force . It is expected that this will follow the Community
Regulation on the subject . The safety criteria to be followed
will then be determined by the authorities of Slovenia based
on their own regulations .

4 . The Commission already actively participates in and
supports the elaboration of international agreements in
biosafety including the recently approved United Nations
environment programme international technical guidelines
for safety in biotechnology and the biosafety protocol under
the convention on biological diversity . The Commission
attaches great importance to the international
harmonization of safety standards in biotechnology .

( 96 / C 137 / 68 )

Suhject : Display screen equipment

How long did it take to develop Directive 90 / 270 / EEC ( )
from initial concept to final agreement in May 1990 ?

(') OJ No L 156, 21 . 6 . 1990, p . 14 .

Answer given by Mr Flynn
on behalf of the Commission

(4 March 1 996 )

It took about five years to produce Directive 90 / 270 / EEC
from initial draftings to final adoption by the Council on
29 May 1990 .

WRITTEN QUESTION E-61 / 96

by Maren Giinther ( PPE )

to the Commission

( 26 January 1996 )

WRITTEN QUESTION E-46 / 96 ( 96 / C 137 / 69 )

by Stephen Hughes ( PSE )

to the Commission

( 25 January 1996 )

196 / C 137 / 67 )

Subject : Display screen equipment

How long will it take for the current staff to effectively check
whether Member States are fully complying with all 118
health and safety Directives ?

Suhject : Complaint by the Director of ECHO at the

EP Development Committee's meeting of
22 November 1995 concerning the forced
spending of significant sums by ECHO at the end
of the financial year due to technical factors
relating to the budget

At the meeting of 22 November 1995 of the European
Parliament's Committee on Development and Cooperation,
the Director of ECHO complained that for technical

3 . 5 . 96 I EN | Official Journal of the European Communities No C 137 / 37

budgetary reasons he had to utilize ECU 400 million over a
period of ten months and the remaining ECU 200 million in
a period of three weeks . He asked Parliament to help solve
this problem .

1 . Can ECHO provide concrete proof of this ?

2 . In the Commission's opinion, what can the European
Parliament do to improve the situation without creating
a precedent for other areas of the Commission's
remit ?

Answer given by Mrs Bonino

on behalf of the Commission

(7 March 199 6 )

At the Development Committee meeting referred to by the
Honourable Member the Commission representative did
highlight the difficulties encountered in mobilizing the
emergency aid reserve .

Funds entered in the emergency aid reserve were needed in

1993, 1994 and 1995 to help cover urgent humanitarian
requirements that were not foreseeable when the budget was
drawn up, and so enable the Community to assume its
responsibilities .

The procedure for mobilizing the emergency aid reserve
involves what is called ' the trialogue ' and is based on a
rigorous prior examination of possible ways of redeploying
the appropriations available within Heading 4 of the
financial perspectives ( external action ), since 10 % of what
is drawn on the reserve and a minimum of ECU 15 million

has to be found through redeployment within Heading 4
and, in any case, the procedure for mobilizing the reserve
cannot begin until the appropriations for the humanitarian
aid chapter are practivally all committed and used .

The conditions attached to the mobilization procedure have
caused fifficulties for he Commission, which in recent years
has not actually had access to reserve funds until the end of
the financial year ( apart from the first tranche under 1995
budget, which was mobilized in July of that year ). It has
drawn up financing decisions and made the corresponding
commitments on this basis and it has been necessary to carry
over payments to the end of the year in order to honour the
previous financial year's commitments .

In view of the state of the world at present and the unfolding
of major crises, we may well have to draw on the emergency
aid reserve again in coming years .

During the budgetary procedure for 1996 the Development
Committee proposed that Chapter B7-210 of the general

budget be given a larger appropriation by reducing the
reserve by an equivalent amount . The Budget Committee,
responsible for ensuring compliance with ceilings laid down
in the financial perspectives for 1 995 — 1999, was unable to
agree to this increase for Chapter B7-210 in the framework
of the 1996 budget .

If we want to solve the problems encounteed in financing
humanitarian aid in recent years, and given the budgetary
constraints on Heading 4, a good way of doing so is that
already described earlier, i.e . a transfer of part of the
emergency aid reserve ( Heading 6 ) to the relevant chapter s
of Heading 4, which means an adjustment of the ceilings of
these headings .

WRITTEN QUESTION E-62 / 96

by Mihail Papayannakis ( GUE / NGL )

to the Commission

( 26 January 1996 )

( 96 / C 137 / 70 )

Subject : Bovine spongiform encephalopathy ( BSE )

According to reliable esetimates, a substantial number of
cattle in the UK is suffering from BSE . Other sources claim
that BSE can be passed on to humans through the
consumption of meat from animals affected by the disease,
giving rise to Creutzfeldt Jakob Disease . Although the issue
has caused uproar in the UK ( many schools are refusing to
buy beef and arguments are raging in the press ), the British
Government has simply declared that there is no problem .
The German Government had previously called for a ban on
exports of beef from the UK to the rest of the European
Union, though the matter was never followed up . In the light
of all this, can the Commission offer the European public its
reassurance ? does the Commission have the results of the

relevant research available ? Would it be prepared itself to
fund any research that might be required ?

Answer given by Mr Fischler
on behalf of the Commission

( 23 February 1996 )

There have been a total of 155 000 cases of bovine

spongiform encephalopathy ( BSE ) in the United Kingdom
since the first case was confirmed in 1986 . The peak of
the epidemic was in 1992 when 37 042 cases were
reported . Numbers have since decreased dramatically as

No C 137 / 38 EN Official Journal of the European Communities 8 . 5 . 96

approximately 15 000 cases were confirmed in 1995 . The
measures introduced to contain the epidemic, which have
proved successful, continue to be applied and the consistent
improvement in the situation is expected to continue .

All the results of research and epidemiological information
are available to the Commission and are reviewed regularly
by the scientific veterinary committees for public and animal
health . These committees consist of eminent scientists from

all Member States . Community rules for trade in beef from
the United Kingdom and protection of public health are
based on their advice . The Commission decisions providing
the rules with respect to BSE were approved unanimously by
the Member States experts in these committees .

The Biomed 1 programme, supported by Community
finance, monitors the level of Creutzfeldt Jakob Disease

( CJD ), in several Member States including the United
Kingdom . The last report ( October 1995 ) concluded that
the incidence in the United Kingdom is comparable with
that in other Member States, including those with no BSE
and that there are no changes in the pattern of CJD which
can be attributed to BSE .

In addition to the Biomed 1 programme the Community
does support other research studies into BSE and will in the
near future assess the requirement for additional
research .

WRITTEN QUESTION E-63 / 96

by Yannos Kranidiotis ( PSE )

to the Commission

( 26 January 1996 )

( 96 / C 137 / 71 )

Subject : Destruction of the natural environment in the

region of Akama, Cyprus, by British army
exercises

Under the Treaty establishing the Republic of Cyprus,
British forces are granted the right to use a certain area of
Akama, both land and sea, for military exercises . It was
decided that this entitlement should not exceed 80 days a
year for land and sea exercises .

British forces ' manoeuvres have drastic environmental

repercussions ; fires and other factors are causing irreparable
damage to the rare beauty of the akama landscape .

What measures will the Commission take to protect
the region in question as an area of exceptional interest

for its ecology and wildlife and to persuade the British
Government to halt its military exercises ?

Answer given by Mr Van den Broek

on behalf of the Commission

(8 March 1996 )

The Commission notes the information provided by the
Honourable Member . While it condemns all cases of

environmental damage, it is clear in this specific cases that
the military manoeuvres in question are governed by a
bilateral agreement between Cyprus and the United
Kingdom . Under these circumstances, it falls to the Cypriot
Government to enforce the provisions ( and particularly any
environmental protection provisions ) of that agreement .

WRITTEN QUESTION E-74 / 96

by Amedeo Amadeo ( NI )

to the Commission

( 26 January 1996 )

( 96 / C 137 / 72 )

Subject : Environment

The fifth Community programme for environmental policy
and action and sustainable development provides for
measures to manage and redevelop coastal areas .

All the Member States are well aware of the importance of
coastal areas and of their duty to preserve the biodiversity of
Europe's coastal regions and their current ecosystems . The
Council has asked the Commission to begin its preparatory
work for a Directive on this subject with a view to holding a
further exchange of views in 18 months .

Does the Commission not consider this deadline to be too

long and does it not believe that estuaries, rivers, etc . should
also be included in the studies on coastal areas ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 22 February 1996 )

The Commission is launching a three-year demonstration
programme on the integrated management of coastal zones

( Communication from the Commission on the integrated
management of coastal zones ) ( ] ). The programme will
make it possible to ascertain and to obtain a wide range of
information about the practical requirements to be met in

8 . 5 . 96 I tN Official Journal of the European Communities No C 137 / 39

order to achieve sustainable development and any
additional measures needed at European and other levels .

In its conclusions, the Environment Council, at its meeting
on 18 December 1995, asked the Commission to keep it
informed about the progress of the work in order to allow
for a discussion halfway throughout the programme .

The Commission has set the deadlines as realistically as
possible and does not believe they can be shortened .

The projects carried out under the demonstration
programme must be representative of the varied nature of
the European coastline and should therefore also cover
estuaries, etc .

(M COM(95 ) 511 .

WRITTEN QUESTION P-92 / 96

The assistance is intended for firms in all industrial sectors in

textile-dependent areas as defined according to very specific
criteria, and in this case concerns more particularly the
rehabilitation of industrial wasteland, the improvement of
knowhow, technology transfer and vocational training .

Each of the three operational programmes incorporates
conditions requiring priority to be given to projects helping
to diversify activity in the areas concerned, and
Retex-subsidized investment in plant and material must not
result in any increase in the production capacity of firms
belonging to the sensitive sectors .

The Commission would point out that Retex is also
concerned with Austria, Belgium, France, Greece, Ireland,
Italy, the Netherlands, Portugal, Spain and the United
Kingdom .

In the light of the foregoing, the Commission does not share
the Honourable Member's view that the financial assistance

amounts to an unacceptable distortion of competition for
the other Member States ' textile and clothing industries .

by Stelios Argyros ( PPE ) (') OJ No C 142, 4 . 6 . 1992 .

to the Commission

( 18 January 1996 )

( 96 / C 137 / 73 )

Subject : Aid for the German textile and clothing
industry

The Commission recently granted aid to the German textile
and clothing industry, including ECU 41,85 million to
Saxony, ECU 9,56 million to Thuringia and ECU 1,8 million
to Lower Saxony .

Does the Commission agree that this amounts to
unacceptable distortion of competition for the textile
industries of the other European Union Member States ?

Does it not agree that such a measure contradicts its recently
adopted proposal for an industrial competitiveness policy
for the European Union ?

What steps does it intend to take to prevent such distortion
of competition in the textile sector ?

WRITTEN QUESTION E-94 / 96

by Jorge Hernandez Mollar ( PPE )

to the Commission

( 26 January 1996 )

( 961 C 137 / 74 )

Subject : Recognition of diplomas

Can the Commission tell me when we will know what stage
has been reached with regard to the application of the
general system for the recognition of diplomas and the
equivalence of qualifications in the Member States ?

Answer given by Mr Monti
on behalf of the Commission

( 19 February 1996 )

In accordance with Article 13 of the Council Directive

Answer given by Mrs Wulf-Mathies

on behalf of the Commission 89 / 48 / EEC on a general system for the recognition of

higher-education diplomas awarded on completion of

( 21 February 1996 ) professional education and training of at least three years '

duration ('), the Commission is preparing a report to the
Parliament on the state of application of the Directive . It will
The financial assistance in question represents the be transmitted very shortly .
contribution from the Structural Funds to the operational
programmes for three textile-dependent areas ( Saxony,
Thuringia . and Lower Saxony ) under the Community's (') OJ No L 19, 24 . 1 . 1989 .
Retex initiative for diversifying economic activity in areas
heavily reliant on the textile and clothing industry ( J ).

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 21 February 1996 )

(') OJ No L 19, 24 . 1 . 1989 .

No C 137 / 40 EN Official Journal of the European Communities 8 . 5 . 96

WRITTEN QUESTION E-106 / 96

by Karsten Hoppenstedt ( PPE )

to the Commission

( 26 January 1996 )

( 96 / C 137 / 75 )

Subject : Media responsibility

The dawning era of multimedia and the new information
and communication technologies have the potential to bring
about considerable changes in the social and learning
behaviour of children and young people . The ever wider
range of information and entertainment on offer and the
new, unlimited possibilities for communication have created
the need for a responsible, targeted and productive
approach to the new media and multimedia available . There
is therefore a growing need to supplement traditional
measures for the protection of children in the media with
media training and responsibility for the media .

Consequently some Union Member States are supporting
media training and educational research into the media in
experiments in schools and colleges or in separate institutes
commissioned for this purpose .

Is the Commission aware of the importance of providing
education in media responsibility and of the need to develop
additional programmes at European level to promote this ?
Will it take this matter into account in its policy for the
audiovisual media and the information society, for example
in the green paper on new audiovisual services which it has
announced ?

Answer given by Mr Oreja
on behalf of the Commission

( 12 March 1996 )

The Commission shares the concern of the Honourable

Member about education through the media .

In a society such as ours where the image and the audiovisual
media occupy a preponderant place in the modes of
information and communication, it is vital to achieve a
better knowledge of this specific language in all its
dimensions . Traditional primary and secondary school
education generally give a critical mastery of writing but
provides little with regard to the analysis of the image and
the media, the study of how they operate and even their role
in the knowledge of the culgtural heritage as represented by
European cinema . Likewise, consciousness-raising and
education of adults in these matters still stand at the

experimental stage .

With the coming of the information society, this knowledge
and awareness will prove essential if Europeans are to

benefit from the wide variety of new services, in particular,
new audiovisual services and products . Moreover, it is not
enough to learn how to find and select information ;
information also has to be produced and communicated .

Better image training for young people and adults could be
developed profitably through cooperation under
Community programmes in the field of multimedia
educational software . Proper use of multimedia for teaching
purposes will require an interactive approach going far
beyond the use of conventional audiovisual media and
developing the ability of pupils to analyse the image .

The Commission knows of experiments carried out on these
matters in the Member States . On a more general note,
education in the image and audiovisual media will be
considered in the forthcoming Green Paper on the new
audiovisual services .

WRITTEN QUESTION E-107 / 96

by Mihail Papayannakis ( GUE / NGL )

to the Commission

( 26 January 1996 )

( 96 / C 137 / 76 )

Subject : Closure of Greek schools in Germany

The Parents and Guardians Association of the Greek school

in Mannheim, Germany, claim that the German authorities
in Baden-Wurttemberg Land have decided to phase out
classes 5 to 9 of the Mannheim ' Hauptschule ' from the

1996 / 97 academic year and to incorporate the Greek
children into the German school despite the large numbers
involved .

The proposal to close down the Greek-only schools in
Germany is a serious infringement of Greek children's rights
to be taught their native language and particularly deprives
the children of families who intend to return to Greece in the

short or long term . Some 400 parents of Greek pupils have
also signed a petition sent in protest to the Greek and
German authorities .

In the light of these events, what is the Commission's view
on the legality of the German authorities ' decision to close
down the Greek-only schools in Mannheim when such
schools are operating in other German cities ( Such as
Munich ) and other European Union countries ( e.g .
Belgium )? What view does it-take of such actions in terms of
the right of Union citizens to choose their children's
education ?

8 . 5 . 96 1 EN j Official Journal of the European Communities No C 137 / 41

Answer given by Mrs Cresson

WRITTEN QUESTION P-l 16 / 96

on behalf of the Commission

by Alex Smith ( PSE )
( 15 March 199 6 ) to the Commission

( 18 January 1996 )

The Commission acknowledges the concern expressed by
the Honourable Member about the closure of a Greek

school in Mannheim ( Germany ) but it has no competence to
question the legitimacy of this decision . According to
Article 126 of the EC Treaty, Member States have
responsibility for the content of teaching and the
organization of educational systems and their cultural and
linguistic diversity .

Moreover, Council Directive 77 / 486 / EEC of 25 July 1977
on the education of the children of migrant workers ('),
requires Member States, in accordance with their national
circumstances and legal systems, and in cooperation with
Member States of origin, to take appropriate measures to
promote, in coordination with normal education, teaching
of the mother tongue and culture of the country of origin for
children for whom school attendance is compulsory, who
are dependants of any worker who is a national of another
Member State and who are resident in the territory of the
Member State in which that national carries on or has

carried on an activity as an employed person, the
Commission points out that while the Directive imposes on
Member States the obligation to promote teaching of the
mother tongue in coordination with normal education, it
does not give rise to an individual right to demand teaching
to be carried out in thç mother tongue .

( 96 / C 137 / 78 )

Subject : French nuclear tests

What technical information, as provided by the French
Government, was in the possession of the Commission on
the environmental and safety implications of nuclear tests
on, respectively : 1 2 February 1 960, being the eve of France's
first test in Algeria — 1 July 1966, being the eve of France's
first test in Mururoa — 4 September 1 995, being the eve of
France's first test in Mururoa of its current testing

programme ;

and which independent external individuals or institutions
have been consulted by the Commission to assist in the
evaluation of the documentation provided by France on its
nuclear tesets, pursuant to the stipulations of the Euratom
Treaty, to which the Commission referred in its oral reply to
question H-879 / 95 by Mr Lannoye on 12 December

1995 ?

Answer given by Mrs Bjerregaard

(>) OJ No L 199, 6 . 8 . 1977 . on behalf of the Commission

( 14 February 1996 )

WRITTEN QUESTION E    - 1 10 / 96

by Anita Pollack ( PSE )

to the Commission

( 26 January 1996 )

( 96 / C 137 / 77 )

Subject : Food allergies

Does the Commission have any information as to whether
there is any evidence of allergies to garlic in food ?

Answer given by Mr Bangemann

on behalf of the Commission

( 23 February 1996 )

The Commission is not aware of any evidence relating
specifically to allergies to garlic in food . The copy of the
summary of a report on adverse reactions to foods and food
ingredients recently prepared by the scientific committee for
food is sent directly to the Honourable Member and to the
Parliament's Secretariat .

France notified to the Commission on 23 July 1959 its
intention to carry out a nuclear explosion in the Sahara
desert and the additional safety measures envisaged . The
Commission replied on 11 August 1959 and gave a
favaourable opinion while proposing some modifications .
These concerned the timing of the explosion with regard to
meteorological conditions, the volume of radioactive dust
generated in relation to the characteristics of the soil, and
the need to comply with the dose limits in the basic safety
standards that were laid down by the Council on 2 February

1959 .

France carried out the first explosion on 13 February 1960 .
Subsequent tests were carried out taking similar safety
measures . No further notifications to the Commission in

terms of Article 34 of the Euratom Treaty were received,
neither at the start of nuclear testing at Mururoa in 1 966 nor
before underground testing was resumed on 5 September

1995 . The Commission has throughout this period
continued to assess the impact of nuclear testing on levels of
environmental radioactivity on the basis of the monitoring
data transmitted by France and by other potentially affected
Member States in terms of Article 36 of the Euratom

Treaty .

Such data were available for French Polynesia at the time
France announced in June 1995 that it would resume

No C 137 / 42 EN Official Journal of the European Communities 8 . 5 . 96

nuclear testing . Additional data were requested by the
Commission and received in the course of subsequent
months, including some data pertaining to levels of
radioactivity at and around the test sites . Moreover
information relevant to the potential radiological
consequences of underground nuclear testing was provided
as part of the documentation which the Commission
received on 17 October 1995 . All information indicated

above has been incorporated in the file transmitted to the
Parliament, after the Commission had reached its
conclusions . The Commission would also refer the

Honourable Member to the reply it gave to Oral Question
H-879 / 95 by Mr Lannoye during question time at
Parliament's December 1995 part-session ( ] ). No experts
external to the Commission were involved in the evaluation

of this documentation . The Commission, however, also
examined independent sources of information, the most
relevant of which were included in the file .

(') Debates of the Parliament ( December 1995 ).

WRITTEN QUESTION E-122 / 96

by Bryan Cassidy ( PPE )

to the Commission

(1 February 1996 )

( 96 / C 137 / 79 )

Subject : Age limits in recruitment of temporary agents

Notice No 95 / 347A / 01 for Temporary Agents for the
European Monitoring Centre for Drugs and Drug Addiction

( EMCDDA )( 1 ) includes an age limit — candidates must
have been born after 30 June 1960 !

Why was it necessary to include an age limit in a competition
for Temporary Posts ?

WRITTEN QUESTION E-138 / 96

by Glyn Ford ( PSE )

to the Commission

(1 February 1996 )

( 96 / C 137 / 80 )

Subject : Japanese translation of the term ' European
Union '

Can the Commission confirm that its information office in

Tokyo is using the expression ' Oushu Rengou ' as the
Japanese equivalent of ' European Union ' and that this term

has, as a consequence, been taken up by the Japanese
press ?

Is the Commission aware that the term ' Rengou means
' Association ' and not ' Union '? Is the Commission aware

that ' Oushu Doumei ' would be a more appropriate term and
that this has been used in the only Japanese translation of the
Treaty of Maastricht ( published by the semi-governmental
organization Jetro under the supervision of Pr . Kanamaru,
former President of the Japan Association of EC Studies ? Is
the Commission aware that the term ' Rengou ' causes
conceptual confusion in the Japanese media, when
reporting, for instance, on the association agreements signed
by the EU with central and eastern European countries, it
being difficult to explain how an ' association ' has
association agreements with associates who are not
members of the association ?

Will the Commission instruct its Tokyo office to use the
correct term ' Oushu Doumei ' and cease to use the

inappropriate and confusing term ' Oushu Rengou '?

Answer given by Sir Leon Brittan

on behalf of the Commission

( 22 February 1996 )

(') OJ No C 347A, 28 . 12 . 1995, p . 1 .

Answer given by Mr Liikanen

on behalf of the Commission

( 11 March 1996 )

The Commission is not responsible for the recruitment
notice to which the Honourable Member refers . This is a

matter solely for the European monitoring centre for drugs
and drug addiction .

The Commission itself no longer applies age limits in its
selection procedure for the recruitment of temporary
officials .

When the need arises for the translation of a new, hitherto
unknown, expression into Japanese, the Commission and in
particular its delegation in Japan undertake the necessary
checks and consultation of language experts in order to
ensure that the proposed translation suits the required

purpose .

The Kenkyûsha dictionary ( Japanese — English ) ( standard
reference dictionary used for translation of modern, in
particular official Japanese ) lists the following entries :

rengo ( 51 o ) = combination, union, incorporation,
league, confederacy

dômei ( f^lEE ) = alliance, league, union, confederacy .

8. 5. 96 EN Official Journal of the European Communities No C 137/43

The Kenkyusha dictionary (English—Japanese) gives as
translations for the following expressions:

U n i o n [•(ketsugo), (rengo)

United K i n g d o m :

United Nations:

(rengo okoku)

(kokusai rengo, kokuren)

The translation of English (or other European languages)
expressions in Japanese is often difficult and cannot be
undertaken solely on the basis of an equivalent expression.
The above examples can only give an indication of what a
proper translation of the world Union would be in
Japanese.

Two essential problems can be distinguished:

(a) Foreign official terms, when translated into Japanese,
are in fact translated into Sino-Japanese expressions,
i.e. combinations of characters. These characters are, as

the expression Sino-Japanese shows, of Chinese origin.
Even when the dictionary entry for a given Japanese
word, such as domei, is translated as union at first, the

character combination used may not necessarily carry
the same association as the word union does in

English.

A particular side-effect of this is that the meaning of a
given Japanese word may not cover exactly the same
ground as the English word used for its translation. For
instance, rengo can be used to translate association in
association agreement, but it cannot be used to
translate association as in shopkeepers' association.
The correct word in this case would be reneokai

(b) Expressions, such as are created in the Community to
give a name to new European (as opposed to national)
institutions, are by definition new also in the
Community e.g. European Commission. This has taken
on a meaning of its own, and is now associated with
'bureaucracy, large administration, etc.'. This is quite
different from the meaning associated with
'parliamentary commission', based on the traditional
meaning, similarly, in Japanese, the words used
to translate European Commission (oshu iinkai,
are not self-explanatory, but must be
explained and understood as an expression 'sui
generis'.

The translator of 'Eurospeak' expressions into
Japanese is therefore faced not only with the difficulty
mentioned under a., but also with the necessity to
invent a new Japanese (or Sino-Japanese) expression
that is a close as possible to the intended meaning of the
European words.

The Japanese expressions rengo and domei can both be
translated as union. Due to the characters used, rengo
implies something more akin to a group of peers who each
retain a measure of independence, similar to the Community
and its Member States. Domei, however, is a word used

regularly in expressions with the meaning of alliance, in
particular military alliances or allied forces. For this reason,
and based on the above explanations, the Commission is of
the opinion that the expression oshu rengo is better suited to
translate the word European Union than oshu domei would
be.

The Japanese translation of association agreement is indeed
rengo kyotei . This expression (which is correct)
has been used for more or less 20 years, and it would
therefore not make sense to modify it at this stage. The
confusion to which the Honourable Member refers, is in fact
the confusion between the words Treaty of the Union (rengo
joyaku) and association agreement (rengo kyotei). It should
be added, though, that as in Europe, the Treaty of the Union
is often referred to in Japan as the Maastricht Treaty
(Masutorihito joyaku'

The press and information office of the Commission in
Tokyo undertakes, as part of its general work to spread
information about the Community in Japan, all necessary
efforts to clarify such potential misunderstandings.

**WRITTEN QUESTION E-146/96**

**by Otto von Habsburg (PPE)**

**to the Commission**

_(1 February_ _1996)_

(96/C 137/81)

_Subject:_ Subsidies for fighting bulls

How much subsidy, if any, is the European Union paying for
Spanish fighting bulls?

**Answer given by Mr Fischler**

**on behalf of the Commission**

_(1 March_ _1996)_

The Honourable Member is referred to the Commission's

answer to Written Question E-109/94 by Mr Raffing)
which is still valid, except for the amounts awarded, which
for 1996 stand at ECU 108,7 per head and per age
bracket.

However, it should be pointed out that the Commission, as
part of the price package for the 1996/97 marketing year,
has again proposed that the Council abolish the second
payment for bulls. This proposal, if adopted, will mean that
the producers of fighting bulls will no longer be able to apply
for the second payment in respect of animals selected for
bullfighting.

(') O J No C 376, 30. 12. 1994.

No C 137 / 44 EN Official Journal of the European Communities 8 . 5 . 96

WRITTEN QUESTION E-147 / 96 WRITTEN QUESTION E-l 73 / 96

by Peter Truscott ( PSE ) by Kenneth Coates ( PSE )

to the Commission to the Commission

(1 February 1996 ) (1 February 1996 )

( 96 / C 137 / 82 ) ( 96 / C 137 / 83 )

Subject : EU aid to Indonesia and forest depletion Subject : Veterinary controls

Can the Commission explain the thinking behind granting
ECU 90 million in aid to a military dictatorship in Indonesia
for forestry, when until now the dictatorship has shown
only a desire to cut down its forests at an even faster rate
than in the Amazon Basin ?

Would the Commission sponsor a veterinary study to

investigate birth defects amongst calves born on a polluted
farm in my constituency ?

Answer given by Mr Fischler
on behalf of the Commission
on Answer behalf given of the by Commission Mr Marin ( 23 February 1 996 )

(7 March 1996 )

The Commission can co-finance scientific veterinary studies
within the framework of the research and technological

The reason for financing the Community Indonesia forest development ( RDT ) programme in the field of agriculture
programme ( ECIFP ) is indeed to assist the government to and fisheries ( Fair ) Council Decision of 23 November 1994
conserve or manage sustainably the Indonesian forest and to adopting a specific programme of research, technological
reduce the effects of logging . Over the last two to three development and demonstration in the field of agriculture
years, the Indonesian Government has showed increased and fisheries ( including agro-industry, food technologies,
commitment to these goals . The Commission and the forestry, aquaculture and rural development ) ( 1994 to
Indonesian ministry of forestry signed an agreed minute to 1998 ) ('). These studies, in common with the rest of the
this effect in May, 1993 . activities eligible for funding in the programme such as

research projects, concerted actions, training grants, have to
meet some general criteria and requirements .
The ECIFP covers all major aspects of forest management
including inventory and mapping, fire prevention and
control, sustainable forestry techniques, as well as An essential prerequisite is the transnational character of the
integrated programmes for national forest park activity, that is, the participation of at least two institutions
conservation and sustainable management of the from two different Member States . Similarly, the nature of
production forest . These programmes are in particular the scientific matters to be covered in the studies has to
aimed at the development of local forest communities . a clear dimension

The reason for financing the Community Indonesia forest
programme ( ECIFP ) is indeed to assist the government to
conserve or manage sustainably the Indonesian forest and to
reduce the effects of logging . Over the last two to three
years, the Indonesian Government has showed increased
commitment to these goals . The Commission and the
Indonesian ministry of forestry signed an agreed minute to
this effect in May, 1993 .

An essential prerequisite is the transnational character of the
activity, that is, the participation of at least two institutions
from two different Member States . Similarly, the nature of
the scientific matters to be covered in the studies has to

present a clear European dimension .

By these means, it is hoped to help preserve one of the A study at a local level and focused on a specific region, as
remaining great tropical forests of the world, while at the proposed, would not meet the Fair requirements as regards
same time assisting the development of some of the poorest European dimension and transnational character and,
local communities . therefore, could not be financed by the agricultural research

programme . As it stands, it would seem that the subject
matter would more properly be covered at a national
The Commission is forwarding direct to the Honourable level .
Member and the Parliament's Secretariat a brochure

containing supplementary information regarding the
programme in question . (') OJ No L 334, 22 . 12 . 1994 .

8 . 5 . 96 I EN Official Journal of the European Communities No C 137 / 45

WRITTEN QUESTION P-181 / 96

by Bernd Lange ( PSE )

to the Commission

( 26 January 1996 )

( 96 / C 137 / 84 )

Subject : Interpretation of Article 109j(4 ) of the Treaty on

European Union

The current debate on monetary union often gives the
impression that Article 1 09j ( 4 ) of the Treaty on European
Union is ambiguous . The words '. . . the third stage shall
start on 1 January 1999 ' in the first sentence seem
particularly open to interpretation .

1 . Does the above wording in fact mean that the third stage
is to start on the said date, with all that this entails, or
could it be taken to mean that only the initial
preparations for the third stage are to begin then ?

2 . Does this mean that 1 January 1999 is definitively the
start date for the third stage ?

3 . What will the implications be if the Council cannot
decide by a qualified majority in 1998 which Member
States are to take part in monetary union from the

outset ?

4 . In what circumstances would the Treaty have to be
amended, were monetary union to be postponed ?

Answer given by Mr de Silguy

adoption of a single currency . The Commission has no
reason to assume that this confirmation cannot be made in

time .

4 . The Commission contributes to the preparation of
economic and monetary union according to the Treaty
provisions, including the start of the Third phase on

1, January 1999 .

WRITTEN QUESTION E    - 1 86 / 96

by Gerhard Schmid ( PSE )

to the Commission

(5 February 1996 )

( 96 / C 137 / 85 )

Subject : Women's policy in the European Union

Why has the Commission failed to act on the numerous
initiatives taken by the European Parliament's Committee
on Women's Rights in the wake of the judgment of 17 May

1 990 of the European Court of Justice in the Barber case ( 1 )
to have Directive 76 / 207 / EEC on equal opportunities for
women ( 2 ) implemented ?

0 ) Case C-262 / 88 : Barber / Guardian Royal Exchange Assurance

Group .

( 2 ) OJ No L 39, 14 . 2 . 1976, p . 40 .

on behalf of the Commission Answer given by Mr Flynn

( 20 February 1996 ) on behalf of the Commission

(6 March 1 996 )

1 . The words '. . . the third stage shall start on 1 January
1999 ' in Article 109j(4 ) of the EC Treaty mean that full
monetary union is to start on that date . This implies inter
alia that :

— the irrevocably fixed conversion rates are adopted

( Article 1091(4 )),

— the European system of central banks defines and

implements the monetary policy of the participating
Member States and conducts foreign exchange
operations ( Article 105(2 ) together with Article
109e(3 )).

The preparations will have to be completed before that
date .

2 . The starting date for the third stage is definitely
1 January 1999, as lastly recalled in the conclusions of the
Madrid European Council .

3 . According to the same conclusions, the Council,
meeting in the composition of heads of State or
Government, shall confirm as soon as possible in 1998
which Member States fulfil the necessary conditions for the

The Commission would like to make the point that the
judgment of 17 May 1990 relates only to the application of
the principle of equal treatment for men and women on
occupational social security schemes . The judgment of the
Court of Justice in the Barber case was handed down
following a referral for a preliminary ruling by a national
court ( United Kingdom ). The Court held that benefits
offered by occupational social security schemes must be
regarded as ' pay ' within the meaning of Article 119 of the
EC Treaty and that no discrimination based on sex is
acceptable in the granting of these benefits, including in
respect of retirement age or collectively agreed early
retirement conditions .

Since them, several interpreting judgments have clarified the
Barber judgment ( the most recent ones dating from
28 September 1994 ). The Court's case-law in the Barber
judgment and the subsequent interpreting judgments
concern only Directive 86 / 378 / EEC of 24 July 1986 on
equal treatment for men and women in occupational social
security schemes, which contained a number of derogations
from the principle of equal treatment . As a result of the
aforementioned case-law, these derogations have now
become null and void, which is why the Commission, in

No C 137 / 46 EN Official Journal of the European Communities 8 . 5 . 96

order to establish clarity and legal certainty, presented a Answer given by Mrs Gradin
draft Directive on 16 May 1 995 ( 1 ) designed to bring on behalf of the Commission
Directive 86 / 378 / EEC into line with Article 119 of the

( 29 February 1996 )

Treaty as interpreted by the Court of Justice .

(M OJ No C 218, 23 . 8 . 1995 .

WRITTEN QUESTION E    - 1 88 / 96

by Gerhard Schmid ( PSE )

to the Commission

(5 February 1996 )

( 96 / C 137 / 86 )

Subject : Christo in Brussels

1 . Is it true that the Berlaymont Building in Rue de la Loi,
Brussels, has been ' wrapped up ' by the packaging artist
Christo at the suggestion of the Commissioner, Mr
Bangemann ?

2 . If not, why not, since this would have saved a great
deal of money ?

Answer given by Mr Liikanen

on behalf of the Commission

(5 March 1996 )

Berlaymont belongs to the private company Berlaymont
2000, in which the Belgian State is the majority shareholder .
Although the Commission has entered into discussions
about a possible return to the building, no formal agreement
has yet been reached . Consequently, Berlaymont 2000 has
sole responsibility for the building .

For the Honourable Member's information, the hermetic
cover is an integral part of the work required by the
specification for the removal of asbestos . It therefore serves
a functional purpose and the cost was met by the Belgian
State under its contract with the company chosen to do the
work .

WRITTEN QUESTION E l 90 / 96

by Inigo Méndez de Vigo ( PPE )

to the Commission

(5 February 1996 )

The Commission would refer the Honourable Member to its

last annual report on the fight against fraud { l ) which
presents a full view of its anti-fraud activities and a detailed
description of major cases, as well as information directly
given to the committee on budgetary control on specific
cases . The Commission will by the end of March 1996
present to the Parliament its 1995 annual report .

Moreover, the Commission has adopted a 1996 annual
work programme on the fight against fraud ( 2 ). Each of the
four main elements of the anti-fraud strategy defined earlier

( stronger presence on the ground, stronger partnership
between the Commission and the Member States ;
improvement of Community legislation ; greater
compatibility between legislation of the Member States ) is
being further developed . The Commission is paying
particular attention to the following priorities :

— new task groups ( olive oil and beef );

— transit operations ( computerization, legislative
proposals as well as assistance to the Parliament in the
framework of its inquiry );

— communication to be submitted to the Parliament

and the Council on the situation of preferential

agreements ;

— risk analysis including the conduct of operational

activities ;

— training and assistance to specialist anti-fraud
services ;

— intensification of the use of intelligence ;

— adoption of its proposal for a Regulation concerning

on-the-spot checks and inspections ( ? ), adoption of
rules for the implementation of Regulation ( EC )
No 1469 / 95 ( 4 ) ( black list ) as well as adoption of the
Regulation on mutual assistance and the modified
version of Regulation ( EEC, Euratom ) No 1552 / 89 ;

— protocols to the Convention on the protection of the

Community's financial interests adopted in 1995 ( 5 );

— evaluation of legislation in terms of clarity,
enforceability and vulnerability to fraud .

( 96 / C 137 / 87 ) (') COM(95 ) 98 final .

( 2 ) COM(96 ) 17 final .

(■') COM(95 ) 690 final .

Subject : Commission investigations of fraud ( 4 ) OJ No L 145, 29 . 6 . . 1995 .
( 5 ) OJ No C 316, 27 . 11 . 1995 .

( 4 ) OJ No L 145, 29 . 6 . 1995 .

Can the Commission give me specific details of what
operations it is currently carrying out in connection with the
fight against fraud involving Community funds ?

8 . 5 . 96 I EN Official Journal of the European Communities No C 137 / 47

WRITTEN QUESTION E-191 / 96

by Inigo Méndez de Vigo ( PPE )

WRITTEN QUESTION E-197 / 96

by Brendan Donnelly ( PPE )

to the Commission to the Commission

(5 February 1996 ) (5 February 1996 )

( 96 / C 137 / 88 ) ( 96 / C 137 / 89 )

Subject : Suspension of SGP for Burma
Subject : Portuguese tax on imported second-hand cars

The Commission has decided to open an inquiry with a view
to suppressing the SGP ( System of Generalized Preferences )
status granted to Burma, since international trade unions
have furnished evidence that working conditions
' comparable with slavery ' exist in that country .

What procedures will this enquiry use and what is the
deadline for publishing the outcome ? Is the Commission
aware of the existence of analogous working conditions in
other south-east Asian countries ?

Answer given by Mr Marin
on behalf of the Commission

What action is the Commission planning to take against the
Portuguese Government for failing to abandon illegal
import duties on second-hand cars following the decision of
the European Court of Justice of 9 March 1995 ( Case
C-345 / 93 ) ( ')?

(') OJ No C 101, 22 . 4 . 1995, p . 1 .

Answer given by Mr Monti
on behalf of the Commission

( 23 February 1996 ) (S March 1996 )

The procedure to be used for the inquiry is set out in

Article 11 ( 2 ) of Regulation ( EC ) No 3281 / 94 of
19 December 1994 ('). This states :

' The Commission shall seek all information it deems to

be necessary and shall, where it considers this
appropriate, after consulting the Committee referred to
in Article 17 ( GSP Management Committee ) verify the
information with economic operators and the competent
authorities of the beneficiary country concerned .'

Paragraph 4 also states that ' The Commission may hear the
interested parties ' who have shown ' that they are likely to be
affected by the result of the investigation ' and that these
persons must demonstrate that ' there are particular reasons
why they should be heard orally '.

The Court judgment referred to by the Honourable
Member, given in connection with a reference for a
preliminary ruling, concerns matters that already date back
some time .

In the context of its task of overseeing the application of
Community law, the Commission had already initiated
infringement proceedings under Article 169 of the EC
Treaty in respect of Portugal's decree law 405 / 87, which had
introduced a system of tax on cars based on engine size . This
was considered discriminatory, within the meaning of
Article 95 of the EC Treaty, as imported second-hand cars
were also taxed on the basis of engine size, regardless of their
value .

As the Commission opened the inquiry in the middle of As a result of the proceedings brought, Portugal introduced
February this year, the 60-day period within which the amending legislation in the form of law 75 / 93 of
persons concerned are required to make themselves known 20 December 1993, incorporating a new table for scaling
has not yet elapsed . It is impossible to say how long it will down the charge on imported second-hand cars in line with
take to complete the inquiry in due form once the above their real value . Accordingly, given that there is no current
period has ended . provision of Community law prohibiting Member States

from establishing general domestic taxation arrangements
affecting a category of specific goods, in accordance with

The Commission has not yet received any complaints objective criteria, the Commission considered that there was
concerning other south-east Asian countries . no longer any infringement of Community law and

therefore closed the proceedings .

(') OJ No L 348, 31 . 12 . 1994 .

As the Commission opened the inquiry in the middle of
February this year, the 60-day period within which the
persons concerned are required to make themselves known
has not yet elapsed . It is impossible to say how long it will
take to complete the inquiry in due form once the above
period has ended .

The Commission has not yet received any complaints
concerning other south-east Asian countries .

No C 137 / 48 EN Official Journal of the European Communities 8 . 5 . 96

WRITTEN QUESTION P-201 / 96

by Vassilis Ephremidis ( GUE / NGL )

to the Commission

( 26 January 1996 )

( 96 / C 137 / 90 )

Subject : Establishment of a gold refinery in the district of

Olympiada, Chalkidiki

The site chosen for the establishment of a gold refinery in the
district of Olympiada, Chalkidiki, has been classified, by a
special regional planning study undertaken by the prefecture
of Chalkidiki, as woodland which enjoys absolute
protection and a particularly important ecosystem used as
farmland ; moreover, other studies indicate the presence of
scattered archaeological remains ranging from the classical
to the early Christian periods . The main economic activities
in the region are agriculture, fisheries and, particularly,
tourism, and the development and protection of the region is
covered by the Community's Envireg programme . Local
bodies allege that the Kassandra metalworks already in
operation have polluted all the natural water supplies with
heavy metals, thus endangering the health of the inhabitants
and causing very serious environmental damage ; the
situation is expected to deteriorate still further if the gold
refinery in question is established here .

Will the Commission say whether it considers that the
establishment and operation of a gold refinery constitutes a
violation of the Community's environmental legislation,
and is contrary to the Community's Envireg programme
which covers the region and the Raphael programme on the
protection of the cultural heritage ?

1 . According to research carried out by the Greek Institute
for Geological Studies, the previous activities by
Kassandra Metallurgy resulted in concentrations of
heavy metals and toxic compounds ( arsenic, zinc,
cyanide and sulphur compounds ) many times the levels
permitted by Community Directives .

2 . The region of Mavrolakkos, the prospective site of the
refinery, is designated, in the special regional planning
study undertaken by the Prefecture of Chalkidiki, as
very strictly protected woodland and a very important
ecosystem used for farming ; it is also covered by a
development and protection scheme as part of the
Community programme, Envireg .

3 . The municipality of Olympiada is the site of the ancient
settlement of Stageira, the home of Aristotle, which is a
listed archaeological site and has been designated a
protected zone by the Ministry of Culture ( Official
Journal 212 / B / 23-3-5 ). The small island of Kapros, in

the region of Olympiada, has also been designated an
archaeological site ( Official Journal 897 / (3 / 5-11-91 ) and
archaeological remains from the classical to the
Christian periods are scattered throughout the region .

4 . In a statement to the Greek Parliament, the Greek
Minister of Culture stressed that the choice of this

specific site was an insult to the historical memory of this
prime archaeological site, would create an eyesore in the
region and would have very serious environmental
consequences ( reply to Mr P. Tatoulis, MP, 17 . 10 .
1995 ).

5 . All the communities in the broader region of the
Strymonic Gulf voted unanimously against the
establishment of this gold refinery in Olympiada on
WRITTEN QUESTION E-229 / 96 30 January 1-994 .

by Alexandros Alavanos ( GUE / NGL )

to the Commission

(9 February 1996 )

( 96 / C 137 / 91 )

Subject : Establishment of a gold refinery in Olympiada,

Chalkidiki, and environmental consequences

As a result of an international call for tenders, the Kassandra
Metallurgy Company which is controlled by the State
banks, the National Bank of Greece and the Greek
Industrial Development Bank, was recently sold to the
Canadian company TVX Gold, which intends to establish a
gold refinery in Olympiada in Chalkidiki .

The activities of this refinery will have very serious
environmental consequences for this historical site and
landscape, since :

6 . According to the reply of the Greek Minister of tourism
to Mr P. Tatoulis, MP, ( 2211 / 2 / 11 / 92 ), although
preliminary regional planning approval and
environmental vetting are compulsory ( location
falls under the Category A, group II, K. X. A.
69269 / 5387 / 25-10-90 ), no application has even been
submitted to the relevant Directorate for Environmental

Planning of the region of Central Macedonia .

Since, on the basis of the above, a multiple violation of
European Union Directives ( environmental consequences,
pollution of aquatic environment etc .) has taken place, what
immediate measures does the Commission intend to take to

ensure that the TVX GOLD plant is relocated in a different
region whose inhabitants agree to the establishment of such
a plant and where Community Directives are strictly
adhered to, thereby preserving the environment and
archaeological site of Olympiada ?

8 . 5 . 96 I EN | Official Journal of the European Communities No C 137 / 49

WRITTEN QUESTION P-211 / 96

Joint answer to Written Questions WRITTEN QUESTION

P-201 / 96 and E-229 / 96

by Per Gahrton ( V )

P-201 / 96 and E-229 / 96

by Per Gahrton ( V )

given by Mrs Bjerregaard to the Commission
on behalf of the Commission

(4 March 1 996 ) ( 31 January 1996 )

( 96 / C 137 / 93 )

The funding of the gold-extraction project is provided for in
the industrial programme entitled ' industry '. When
examining this file the Commission will take any steps
needed in order to ensure compliance with the various
Community policies, including that on the environment .
The Honourable Member will be directly informed of any
changes to this file .

WRITTEN QUESTION P-202 / 96

by Graham Watson ( ELDR )

to the Commission

( 31 January 1996 )

( 96 / C 137 / 92 )

Subject : Egg quality inspection

Can the Commission indicate :

1, those countries in the EU that operate an egg
inspectorate system similar to that operation in the UK,
and

2, how many egg inspectors are employed in each Member
State of the EU ?

Answer given by Mr Fischler
on behalf of the Commission

( 16 February 1996 )

1 . Article 18 ( 1 ) of Council Regulation ( EEC )
No 1 907 / 90 ( 1 ) of 26 June 1990, on certain marketing
standards for eggs, provides that compliance with this
Regulation shall be supervised by agencies appointed for the
purpose in each Member State .

2 . The above Regulation does not oblige Member States
to provide information on the number of egg inspectors
employed, but the Commission will nevertheless try to
obtain such information and the result will be transmitted to

the Honourable Member .

(>) OJ No L 173, 6 . 7 . 1990 .

Suhject : Rules governing the hunting of woodcock

The Swedish Government decided in spring 1 995 to alter the
hunting season for certain birds, including the woodcock,
pursuant to the EU's birds Directive . Swedish hunting
associations consider this to have been unnecessary, as
Sweden received an undertaking during the membership
negotiations that it would not have to change its
' traditional ' rules on hunting following accession . The
present government argues that, since the agreement on
membership does not include an exemption, Sweden cannot
derogate from the birds Directive . There is disagreement
between ornithologists and hunters regarding the
Directive's applicability to woodcock .

1 . Does the Commission consider the Swedish tradition of

hunting woodcock from Midsummer onwards to be
incompatible with the birds Directive ?

2 . During the membership negotiations, did Sweden
officially request not to have to alter the hunting season
for birds such as the woodcock ?

3 . Did the Commission give Sweden any undertakings that
the provisions of the birds Directive would not be
applied against it if it did not alter the hunting season for
woodcock ?

4 . Would the Commission have taken any form of action if
Sweden had not altered its hunting season ? Would it
have instituted proceedings against Sweden in the Court
of Justice ?

5 . Can the derogation granted to Finland be taken as
setting a precedent for Sweden to reinstate all or some of
its former hunting seasons ?

6 . Does the Commission regard the woodcock as being in
danger of extinction ?

7 . Does the Commission regard hunting seasons for species
not in danger of extinction to be a matter for the Union
or one which is better dealt with at national level ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 22 February 1 9 96 )

It is the Commission's role to ensure that Member States

comply with Community environmental Directives . In this

No C 137 / 50 EN Official Journal of the European Communities 8 . 5 . 96

case, the relevant legislation is Council Directive
79 / 409 / EEC of 2 April 1979 (') on the conservation of wild
birds, and the special rules for Sweden provided for in its
Accession Treaty ( 2 ).

Under Article 26 of the Accession Treaty, the woodcock is
added to Annex II / l of the Directive, which means that the
woodcock may be hunted in Sweden under Article 7 .
Article 7 of the Directive provides that the woodcock may be
hunted under national legislation . A Member State ( here
Sweden ) may, therefore, decide whether the birds are to be
hunted and under which conditions, as long as it is ensured
that the hunting of the species does not jeopardize
conservation efforts in its distribution area . The

Commission is not in possession of information that
suggests that the Swedish regulations on the hunting seasons
of the woodcock may jeopardize conservation efforts in its
distribution area .

The above Community provisions constitute the minimum
protection conditions . A Member State's decision whether
or not to go beyond this and to have stricter rules on the
protection of the woodcock is, according to Article 14, a
matter of national competence .

(') OJ No L 103, 25 . 4 . 1979 .

market at the time of the incident, it is possible that they
could still be considered to be in the course of transport
and therefore subject to the rules of Council Directive
91 / 628 / EEC on the protection of animals during
transport (') which inter alia prohibit the causing of
unnecessary suffering to a transported animal .

Furthermore, the Directive also prohibits the transport of
animals which are unfit for travel and it is possible that the
loading and transport of the animals concerned soon after
the operation described by the Fionourable Member would
also be a breach of the Directive .

The Commission has intervened with the French authorities

concerning this matter . They confirm that the practice is
contrary to national animal protection legislation and the
national rules concerning the exercise of the veterinary
profession . Furthermore, they confirm that the responsible
authorities have intervened to put an end to the practice .

(') OJ No L 340, 11 . 12 . 1991 .

( 2 ) OJ No C 241, 29 . 8 . 1994 . WRITTEN QUESTION E-235 / 96

by Concepció Ferrer ( PPE )

to the Commission

(9 February 1996 )

WRITTEN QUESTION E-233 / 96 ( 96 / C 137 / 95 )

by Christine Crawley ( PSE )

to the Commission Subject : Transfer of enterprises

(9 February 1996 )

Commission recommendation 94 / 1069 / EC of 7 December
( 96 / C 137 / 94 )

Subject : Neutering of pigs

Is the Commission aware that pigs in France are being
neutered without anaesthetic in a cruel and painful
operation ? Has the Commission any plans to put an end to
this barbaric practice ?

1994 on the transfer of small and medium-sized
enterprises (') requires the Member States to supply the
Commission with the texts of the main rules and practical
arrangements adopted to put it into effect, and to inform it
of any subsequent changes .

Can the Commission state which Member States have

supplied these texts to date, and give a general idea of their
content ?

(') OJ No L 385, 31 . 12 . 1994, p . 14 .
Answer given by Mr Fischler
on behalf of the Commission

( 29 February 1996 )

Answer given by Mr Papoutsis

on behalf of the Commission

Although specific Directives cover the welfare of ( 18 March 1996 )
transported animals, rearing conditions on farms and
welfare conditions at slaughterhouses, no general
Community legislation on cruelty to animals is in force or Article 9 of the Commission
proposed . 7 December 1 994 on the transfer of

The conditions under which sterilization operations may be
performed on female animals appear, therefore, a matter
primarily subject to the law of the Member State . However,
in the present case, as it is alleged that the animals were at a

Article 9 of the Commission recommendation of

7 December 1 994 on the transfer of small and medium-sized

enterprises ( SMEs ) does indeed invite the Member States to
communicate to the Commission, by 31 December 1996 at
the latest, the texts of the main provisions adopted in order
to implement the recommendation . The Member States
have not yet sent this information to the Commission .

8 . 5 . 96 I EN Official Journal of the European Communities No C 137 / 51

The Commission is, however, paying great attention to the
evolution of legislative and administrative conditions for the
transfer of SMEs in the Member States . It has, therefore,
been able to observe that several Member States have

already adopted a certain number of measures, notably with
the aim of reducing the tax burden on the transfer of
SMEs .

In addition, the Commission intends to organize a new
forum for SMEs, the aim of which would be to assess the
progress made by the Member States and to define ' best
practices ' in this field .

WRITTEN QUESTION P-239 / 96

by Daniel Féret ( NI )

to the Commission

( 31 January 1996 )

( 96 / C 137 / 96 )

Subject : The creation of the single currency

The deadlines and criteria for the changeover to the single
currency — as laid down by the Treaty on European Union
in a binding, if not rigid, timetable — require Member States
to implement rapidly an austerity policy whose immediate,
and sometimes unforeseen, social consequences still worry
political and economic circles as well as both sides of
industry and could make public opinion hostile to the
European idea, thereby hindering long-term progress
towards economic and monetary union .

Without calling into question the objectives of the Treaty on
European Union or the creation of the single currency,
should not the timetable be revised and the criteria relaxed

so that the completion of the political project being pursued
is not compromised by the priority given to a technocratic
blueprint which is increasingly being questioned ?

Looking at the current situation, does preparation for the
changeover to the single currency not give the impression of
being like medical treatment which is administered in too
much of a hurry and too intensively and so kills the patient
but which could have saved and fortified him if it had been

administered more coolly ?

Answer given by Mr de Silguy

on behalf of the Commission

monetary union ( EMU ) should be relaxed nor that the
starting date for its launch should be postponed .

The desire for a single currency which is as strong and stable
as the best performing national currency was repeatedly
reiterated by all groups of currency users ( general public,
enterprises ) in the consultations on the Commission's green
paper and during the recent round table on communication
strategies . Sound public finances will provide the solid
economic foundations required for the construction of a
single currency which meets these demands .

Respect of the convergence criteria represents sound
economic management policy in its own right, a view
endorsed by Ecofin ministers when they established the goal
of having balanced public sector deficits as part of the broad
economic policy guidelines . 25 % of European savings is
devoted to financing public deficits . The huge public
financing requirements thus exert an upward pressure on
long term interest rates . In that sense, maintaining excessive
public deficits is detrimental for growth, investment and
employment . On the other hand, reducing the scale of public
sector borrowing can release greater resources for
investment in productive employment gerenerating
activities . A reduction of one percentage point of the
deficit / GDP ratio would make available ECU 60 000

million for investment . With or without EMU, any delay in
the process of fiscal consolidation would have adverse
effects on investment and employment and on
confidence .

Of course, EMU is not a palliative for all economic and
social ills . But it is the means to an end, since a stable
economic environment is conducive to investment, growth
and employment . This end will not be eased by delaying the
project nor by watering down entry conditions .

WRITTEN QUESTION E-247 / 96

by Leen van der Waal ( EDN )

to the Commission

(9 February 1996 )

( 96 / C 137 / 97 )

Subject : Commission answer to questions on the
cooperation agreement with Morocco

On 14 December 1995 I received the Commission's answer

( 21 February 1996 ) to my Written Question E-2999 / 95 (') on the cooperation

agreement betewen the EU and Morocco . The Commission
states that the European market for Moroccan fruit and
The Commission does not share the view that the vegetables will not be opened up further . From information
convergence criteria for participation in economic and which I have now received, the Commission's answer does

No C 137 / 52 EN Official Journal of the European Communities 8 . 5 . 96

not seem to be complete on this point . The following
supplementary questions therefore arise .

1 . Is it correct that the quantity of tomatoes from Morocco
which can be sold without import duties on the EU
market each year has been increased by 15 000
tonnes ?

2 . Can the Commission confirm that the entry prices which
the EU imposed in early 1995 to protect European
tomato growers have been drastically reduced as part of
the agreement with Morocco ?

3 . If so, does it not share my view that these two
concessions facilitate the import of Moroccan tomatoes
onto the EU market and give rise to additional
competition ?

4 . Does it agree that this information should have been
included in the answers to my previous questions in the
interests of objectivity and completeness ?

5 . In answer to my question on compensatory measures,
no information was given on the agreed promotion
funding for flowers . Should it be concluded that these
plans are now no longer definite ?

C ) OJ No C 66, 4 . 3 . 1996, p . 48 .

Answer given by Mr Fischler
on behalf of the Commission

(6 March 1996 )

1 to 4 . The new Euro-Mediterranean Agreement
concluded between Morocco and the Community does not
exempt Moroccan tomatoes from all import duties .

It provides for a reduction in the import price level above
which imported consignments are exempt from specific
duties, the so-called tariff equivalent . An agreed entry price
has effectively been set for Morocco at ECU 500 per tonne
for the period from 1 October to 31 March .

This concession, however, is contained within very strict
quantitative limits : 5 000 tonnes in October and 145 676
tonnes from 1 November to 31 March, it is granted only as
part of a tariff quota subject to close monthly
surveillance .

The Agreement simply ensures that Morocco maintains its
traditional trade flows . In any case it maintains a
satisfactory level of protection for Community production
by applying the entry price system at a period of the year

( 21 December to 31 March ) during which Community
production did not previously enjoy any protection, since
the reference price system was not applied .

5 . The Honourable Member's previous Written
Question, E-2999 / 95, did not include any specific question
about compensatory measures for flowers — point 6 of the
question covered only tomatoes . Nonetheless, it has been
confirmed that the Council's request of 10 November 1 995
on promotion funding for flowers will be the subject of a
forthcoming Commission proposal .

WRITTEN QUESTION E-255 / 96

by Karin Junker ( PSE )

to the Commission

(9 February 1996 )

96 / C 137 / 98 )

Subject : Grants for students from other EU Member States

living and studying in Great Britain

In Great Britain students from other Member States of the

European Union have the same entitlement to educational
grants as students with British citizenship provided they
have a registered residence in Great Britain and have been
living, but not studying, there for three years .

Is this description of the facts correct, as far as the
Commission is aware, or have I overlooked something ?

In her answer of 22 March 1995 to my question E-52 / 95 ( 1 )
on educational grants for German students studying and
living abroad, Mrs Cresson said that :

'A Union citizen whose permanent place of residence is in
a different Member State from that whose nationality
they hold benefits from the same treatment as the
nationals of that Member State, particularly with regard
to access to courses of study and the different forms of
aid relating to them '.

Hence, is the three-year ' waiting period ' for students
compatible with Community legislation, or is it not the case
that it violates the principal of equal treatment of EU
citizens ?

(>) OJ No C 145, 12 . 6 . 1995, p . 25 .

Answer given by Mrs Cresson

on behalf of the Commission

( 11 March 1996 )

According to Article 6 of the EC Treaty, in conjunction with
Article 126, as interpreted by the Court of Justice, all
nationals of the Community must be treated on an equal
basis with nationals of a Member State, in so far as access to
higher education is concerned . Access to higher education
includes access to any grants, loans or other awards to
support payment of tuition fees . It does not include, except

8 . 5 . 96 I H N | Official Journal of the European Communities No C 137 / 53

for specific cases such as the children of people working on
the territory of the Member State, access to any grants, loans
and other awards to support students ' living expenses

( maintenance grants ). The definition of the conditions and
requirements that govern access to higher education and the
award of grants is a matter for Member States ' competence,
as long as these conditions fulfil the requirements of
Community law .

The Honourable Member's statement refers to the residence

requirement that applies in England and Wales as one of the
preconditions for the award of mandatory maintenance
grants . Because the eligibility conditions relate to grants for
living expenses, Article 6 of the EC T reaty does not generally
apply .

Different conditions govern access to grants to support
tuition fees of students at higher education institutions in
England and Wales . As far as residence is concerned,
applicants are required to have been resident in the
Community, not just the United Kingdom, for the three
years immediately prior to the course for which grant
support is requested .

WRITTEN QUESTION P-292 / 96

by Luis Campoy Zueco ( PPE )

to the Commission

(7 February 1996 )

( 96 / C 137 / 99 )

Subject : EU aid to local authorities

What means of direct access to EU funding for projets are
available to local authorities without having to submit to a
pre-selection or approval procedure in respect of such
projects by the national or regional authorities ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

Furthermore, by far the majority of innovative measures and
interregional projects provided for under the heading of
pilot schemes in Article 10 of the Regulation on the
European Regional Development Fund ( 1 ) are either open to
local authorities without preselection or prior approval by
regional or national authorities, or may be presented by
business organizations with the backing of local or regional
authorities .

(') OJ No L 193, 31 . 7 . 1993 .

WRITTEN QUESTION P-293 / 96

by Fernando Moniz ( PSE )

to the Commission

(7 February 1996 )

( 96 / C 137 / 100 )

Subject : International trade and WTO agreements

International trade has come to be considered by the
Commission as an important factor in the EU's employment
creation strategy .

It is also acknowledged that numerous obstacles to our firms
exist on international markets, many arising from failures to
comply with rules laid down by the WTO .

The EU's 1995 budget contains a heading for the funding of
measures to monitor the application by third countries of
such agreements . However, budgetary implementation of
this heading has been low .

What measures does the Commission plan to take to ensure
that third countries comply with the abovementioned rules,
in particular with regard to the process of gradually
dismantling the Multifibre Arrangement ?

What has been done in this connection to date ?

( 23 February 1996 ) Answer given by Sir Leon Brittan

on behalf of the Commission

( 26 February 1996 )
In the management of aid to local authorities programmed
under the Community support frameworks, single
programming documents or Community initiatives, the The Commission shares the view
relevant monitoring committees for the programmes involve Member that implemetnation by the
local representatives — to varying degrees in the different
Member States — in accordance with the partnership partners of their obligations

Organization ( WTO ) agreements

principle . The Honourable Member is referred to the

carefully .

framework Regulation on the Structural Funds ( 1 ), under
Article 4 of which it is stated that partners are designated by
each Member State within the framework of its national The Commission is closely following,
rules and current practices . its delegations, the evolution of the

The Commission shares the view of the Honourable

Member that implemetnation by the Community's trading
partners of their obligations under World Trade
Organization ( WTO ) agreements should be monitored
carefully .

The Commission is closely following, in particular through

its delegations, the evolution of the relevant legislation of its

No C 137 / 54 EN Official Journal of the European Communities 8 . 5 . 96

WTO partners . Furthermore, enterprises facing obstacles WRITTEN QUESTION
resulting from failures to comply with rules laid down by the by Eryl McNally ( PSE )
WTO have the right to complain to the Commission,

to the Commission

pursuant to Council Regulation ( EC ) No 3286 / 94 of
December 1994 ( ! ) laying down Community procedures in (7 February 1996 )
the field of the common commercial policy in order to ( 96 / C 137 / 101 )
ensure the exercise of the Community's rights under
international trade rules, in particular those established
under the auspices of the WTO .

WRITTEN QUESTION P-296 / 96

to the Commission

(7 February 1996 )

( 96 / C 137 / 101 )

The budget line used to finance activities in the field of
monitoring compliance with WTO rules is called external
trade relations and the World Trade Organization ( B7-5021
in 1995, B7-850 in 199 6 ). Although the implementation of
this line has been very high in previous years, last year's use

( 87% ) was somewhat lower than expected because several
projects were delayed due to unforeseen difficulties in the
procurement procedures .

Subject : Compétition

Has the Commission yet reached a view concerning the
manner in which the proposed privatization of parts of the
UK nuclear electricity industry conflicts with the
competition aims of the single market that expects
companies to trade on a fair and even basis with other
companies and not have secret subsidies from national
governments ?

The Commission intends to intensify its efforts in the
context of the implementation of its recent communication In particular :
to the Council ' the global challenge of international trade : A
market appropriation access strategy of ECU for 6,5 the million which European Union was ' set ( 2 ). aside A budget for 1, the accelerated State
this by purpose the Parliament on the B7-852 until line ' details, has been of the put in actions the reserve and liabilities
programmes of the Commission designed to achieve the
aims outlined will be provided to the budgetary authority '. 2, the £ 3,5
The Commission has launched the required procedure and been used
studies will be undertaken once the budget is released . AGR at

1, the State subsidy to help the privatization through the
accelerated payments of £ 650 million of AGR
liabilities ;

2, the £ 3,5 billion already paid for reprocessing that has
been used, amongst other things, to finance the new
AGR at Sizewell ;

As concerns more particularly the textiles sector, the
Community accepted the dismantling of the restrictions
established under the Multifibre Arrangement on the
condition that international trade in textile products would
be governed by strengthened General Agreement on Tariffs
and Trade ( GATT ) rules and disciplines . This is reflected
inter alia in Article 7 of the Uruguay Round agreement on
textiles and clothing ( ATC ) which, as a part of the
integration process of textiles products into normal GATT
disciplines, obliges WTO members to achieve improved
market access, to ensure fair trading conditions and to avoid
discrimination against imports for textiles and clothing
products .

3, the use of 1,5 billion of ' non-fossil fuel obligation '
monies paid for by all consumers as an additional 9 %
on their electricity bills ( the nuclear levy ) which is to be
retained by the proposed privatized company ;

need close scrutiny and a clear Commission statement prior
to the proposed privatization taking place .

Answer given by Mr Van Miert

on behalf of the Commission

In cooperation with European industry, the Commission is ( 11 March 1996 )
closely monitoring conditions of market access to third
countries and is establishing a database containing
information on trade restrictions affecting the textiles and
clothing sectors . Furthermore, the Commission is
committed to publishing a report on the implemetnation of The United Kingdom Government
Article 7 of the ATC during the course of this year . Commission of its intention to privatize

committed to publishing a report on the implemetnation of The United Kingdom Government has informed the
Article 7 of the ATC during the course of this year . Commission of its intention to privatize the nuclear energy

sector . The Commission has taken note of the Honourable

Member's concern regarding certain financial aspects of the
f 1 ) OJ No L 349, 31 . 12 . 1994 . privatization, the available information on the case is being

( 2 ) COM(96 ) 53 . carefully examined at the moment .

( 2 ) COM(96 ) 53 .

8 . 5 . 96 1 EN | Official Journal of the European Communities No C 137 / 55

WRITTEN QUESTION P-299 / 96 WRITTEN QUESTION E-305 / 96

by Luis Campoy Zueco ( PPE ) by Wolfgang Nutëbaumer ( NI )

to the Commission to the Commission

(7 February 1996 ) ( IS February 1996 )

( 96 / C 137 / 102 ) ( 96 / C 137 / 103 )

Subject : Contributions to and support payments from the

EU

Subject : Encouragement of tourism

What measures does the Commission intend to take, now
and in the future, to encourage tourism in small cities which
possess an important historical and cultural heritage but
which have still not developed substantial economic activity
in this sector ?

Answer given by Mr Papoutsis

on behalf of the Commission

( 11 March 1996 )

Under the Community action plan to assist tourism

( 1993 — 1995 ) a series of projects on cultural tourism was
selected in the recent past, highlighting the value of the
cultural heritage, some of them placing emphasis on small
towns ( e.g . European itineraries of art and culture in minor
centres ).

At present the Commission is assessing the work carried out
under the action plan before considering what further
action, if any, to propose .

Furthermore, as part of the implementation of Article 10 of
Regulation ( EEC ) No 4254 / 88 on the European Regional
Development Fund, as amended ( J ), in September 1995 the
Commission launched a call for proposals for setting up
networks of regional and local authorities willing to
conduct joint interregional pilot projects for cooperation in
the field of culture-related economic development . The
implementation of the projects to be chosen by the
Commission on the basis of a precise set of criteria will
obviously have a spin-off effect on the development of
tourism at local level .

Austrian newspapers frequently bandy about differing
figures for accession costs, the annual contributions made
by Austria to the EU and the amounts which Austria receives
back from the various support programmes .

1 . How large were the accession payments made by
Austria in 1995 ?

2 . How large will the contributions be in 19 96 and

1997 ?

3 . What volume of appropriations set aside by the

Commission could theoretically have flowed back into
Austria ?

4 . What volume of appropriations approved by the

Commission could theoretically have flowed back into
Austria ?

5 . What level of appropriations actually flowed back into

Austria from the EU in 1995 ? ( broken down by
support areas and titles )

6 . What is the differential between the theoretical support

funding, the funding approved by the EU and the
actual funding received by Austria in 1995 ?

7 . How much of the support funding unused by Austria
in 1995 can be carried over to 1996 and will not be

lost ?

8 . How much of the support funding unused by Austria
in 1995 will lapse and be lost to Austria ?

9 . What support funding has Austria applied for thus far
for 1996 ?

10 . Which support funding for Austria for 1996 has been
approved to date by the Commission ?

Answer given by Mr Santer
on behalf of the Commission

(3 April 1996 )

0 ) OJ No L 193, 31 . 7 . 1993 . Because of the length of the answer, which includes a
number of tables, the Commission is sending it direct to the
Honourable Member and the Parliament's Secretariat .

No C 137 / 56 EN Official Journal of the European Communities 8 . 5 . 96

QUESTION E-306 / 96 Rinpoche . This matter was raised recently at the latest

Sakellariou ( PSE ) meeting of the EU-China dialogue on human rights held in

to the Commission Beijing on 22, 23 and 24 January 1996 .

WRITTEN QUESTION E-306 / 96

by Jannis Sakellariou ( PSE )

( 15 February 1996 )

( 96 / C 137 / 104 )

Subject : Tibetan cultural heritage

What steps is the Commission taking to ensure the
preservation of the remains of the extremely important
Tibetan cultural heritage, which forms part of mankind's
cultural heritage and has already been brutally destroyed to
a large extent by the Chinese ?

WRITTEN QUESTION E-308 / 96

by Gerhard Schmid ( PSE )

to the Commission

( 15 February 1996 )

( 96 / C 137 / 106 )

Subject : Euratom supply agency

given by Sir Leon Brittan Are press reports correct that the Euratom supply agency is

the Commission negotiating with the Russian authorities about the supply of

fissile materials ?
( 19 March 1996 )

Answer given by Sir Leon Brittan

on behalf of the Commission

If so :
As already emphasised in the communication on relations
between the European Union and China, the Commission is 1 .
very concerned that the cultural, ethnic, linguistic and
religious identity of all minorities living in the People's
Republic of China should be respected, particularly the 2 . Is
Tibetan cultural heritage . This point comes up regularly
whenever the question of human rights is raised in bilateral
discussions between the European Union and China . In fact
the question of the religious aspect of Tibetan identity was
raised at the last such meeting, held in Peking on 22, 23 and
24 January this year .

Answer given by Mr Papoutsis

on behalf of the Commission

( 18 March 1996 )

1 . What material is involved, what is the level of
enrichment and what quantities are involved ?

2 . Is the material intended for the FRM II research reactor

of the Munich Technical University at Garching ?

WRITTEN QUESTION E-307 / 96

by Jannis Sakellariou ( PSE )

to the Commission

( 15 February 1996 )

( 96 / C 137 / 105 )

Subject : Disappearance of individuals in Tibet

What steps has the Commission taken to obtain information
about the fate and safety of the abbot of the Tashi Lumpo
monastery, Mr Chadrel Rinpoche, and the new Panchen
Lama, the six-year-old child Gedhun Chaekyi Nyima, who
have been detained by the Chinese Government at an
unknown location ?

The Commission would remind the Honourable Member

that operators are free to choose their suppliers .

The Supply Agency may provide assistance in appropriate
cases ; it approves contracts only after checking that they are
in conformity with the Euratom Treaty and any other
enactments that may be applicable .

The contents of the contracts rea covered by business
confidentiality ; they belong only to the parties, who alone
have the authority to divulge them .

WRITTEN QUESTION E-323 / 96

by Luciano Vecchi ( PSE )

to the Commission

( 15 February 1996 )
Answer given by Sir Leon Brittan 96 / C 137 / 107 )

on behalf of the Commission

( 15 March 1996 )
Subject : Council resolution on the issue of gender

The Commission joined in the steps by the European Union

( EU ) to demand that the Chinese authorities guarantee the
safety and freedom of Godhun Chaekyi Nyima and Chadrel

On 20 December 1995, the Development Council adopted
an important resolution on the incorporation of the issue of
gender in development cooperation .

8 . 5 . 96 EN Official Journal of the European Communities No C 137 / 57

In paragraph 19, the Council undertakes to continue
discussions at its next meeting on incorporating the issue of
gender in emergency operations, crisis prevention and the
fight against poverty .

Is the Commission preparing a communication or any other
documents on this matter ?

4, the European Social Fund ( ESF );

5, the European Community research programmes ;

6, the European Community environment programmes ;

7, other European Community programmes ?

Answer given by Mr Santer
Answer given by Mr Pinheiro on behalf of the Commission

on behalf of the Commission (3 April 1996 )

( 11 March 1996 )

On 18 September 1995 the Commission adopted a
communication to the Council and Parliament on
integrating gender issues in development cooperation ( l ),
which states that these issues must be included in the

formulation of all development policies ( the resolution
quoted was based on this communication ).

In accordance with this approach the Commission will
ensure that gender issues are duly taken into account in any
communication connected with development cooperation,
rather than presenting specific communications on the
integration of gender issues in every development sector .
Among other things, it is preparing basic studies which will
help to focus more attention on gender issues in the main
communications on the different aspects of development .
With regard to emergency aid and crisis prevention, for
example, it recently prepared a study in conjunction with
the University of Sussex entitled ' Gender, emergencies and
humanitarian assistance ' which has been transmitted to the

Council Presidency .

(>) COM(95 ) 423 .

WRITTEN QUESTION E-340 / 96

by Willi Rothley ( PSE )

to the Commission

( 22 February 1996 )

( 96 / C 137 / 108 )

Subject : EU aid for the Rhineland-Palatinate in 1995

How much aid has been allocated to the

Rhineland-Palatinate by the European Union in 1995
from :

1, the European Regional Development Fund ( ERDF );

2, the European Agricultural Guidance and Guarantee
Fund ( EAGGF ), Guidance Section ;

3, the European Agricultural Guidance and Guarantee
Fund ( EAGGF ), Guarantee Section ;

In view of the length of its answer, the Commission is
sending it direct to the Flonourable Member and to
Parliament's Secretariat .

WRITTEN QUESTION E-351 / 96

by Paul Lannoye ( V )

to the Commission

( 22 February 1996 )

( 96 / C 137 / 109 )

Subject : Information concerning the utilization and renting

of parking spaces for the Commission

What annual amount is earmarked by the Commission for
the renting of parking spaces outside its buildings in
Brussels ?

What is the cost to the Commission of staffing, maintenance
and security for car parks in the premises it occupies in
Brussels ?

With regard to premises rented by the Commission in
Brussels, what is the total annual cost in ECU of car parks as
an element of the total rent ?

With regard to premises owned by the Commission in
Brussels, what was the cost in ECU of car parks as an
element of the total purchase price ?

Answer given by Mr Liikanen

on behalf of the Commission

( 14 March 1996 )

The cost of renting parking spaces outside office buildings
occupied by the Commission in Brussels in 1995 was ECU
635 500 .

The Commission has no choice but to rent the buildings it
needs with the car parks that go with them . Security and
maintenance costs for the car parks are unavoidable . They
are not invoiced separately from the costs for the rest of the
building .

No C 137 / 58 EN Official Journal of the European Communities 8 . 5 . 96

Similarly, the cost of renting parking spaces is not always
given separately in the overal rent of the building .
Nevertheless, the cost of parking spaces in the office
buildings rented in Brussels in 1 995 can be set at ECU 8,4
million out of a total rent of ECU 108 million .

The average purchase price of a parking space in the two
office buildings which the Commission owns in Brussels was
ECU 14 600 .

WRITTEN QUESTION E-355 / 96

by Jesús Cabezón Alonso ( PSE ) and

Juan Colino Salamanca ( PSE )

to the Commission

( 22 February 1996 )

( 96 / C 137 / 110 )

Subject : Age limits for competitions

As a general rule, competitions for posts in the institutions
and agencies of the European Union are subject to an age
limit, which prevents properly qualified people from
applying .

Would the Commission agree that this is an obvious and
incongruous form of discrimination, for which there is no
justification, and that the time has come to do away with age
limits ?

Answer given by Mr Liikanen

on behalf of the Commission

( 14 March 1996 )

Just like the other Community institutions, the
Commission, in accordance with Annex III to the Staff
Regulations, sets age limits for competitions to recruit
officials .

Article 27 provides that recruitment be directed at securing
for the institution the services of officials of the highest
standard of ability, efficiency and integrity, recruited on the
broadest possible geographical basis from among nationals
of the Member States . Officials must be selected without

reference to race, creed or sex .

Experience in recent years has shown that age limits play an
appreciable role in achieving better balance in both the
geographical spread and in terms of men and women taking

part in competitions . This is especially true of competitions
for the starting grades, in particular, for assistant
administrators (A 8 ). The reason is that mobility decreases
with age and that without age limits, the flood of candidates
from the local labour market could lead to an unacceptable
imbalance in participants and in successful candidates . It
also seems clear that young women are more mobile and
more inclined to apply for competitions before they are tied
down by family obligations . The same trends were found
when the A competitions were organized for Austrian,
Finnish and Swedish nationals in 1995 .

For these reasons, as well as to ensure the efficient
management of human resources, in particular, of careers,
the Commission has elected to continue to set age limits and
it in no way considers that the setting of these limits is
incompatible with the recruitment of high calibre
officials .

Following the conclusions of the trialogue group,
interinstitutional cooperation in the organization of
competitions will be stepped up . Such cooperation will have
to cover all aspects of recruitment policy, including age
limits in competition notices .

WRITTEN QUESTION E-366 / 96

by Carlos Robles Piquer ( PPE )

to the Commission

( 22 February 1996 )

( 96 / C 137 / 111 )

Subject : Community support measures for family
businesses

The sixth World Congress of Family Businesses held
recently in Spain served to emphasize the key role of such
businesses in safeguarding economic stability because of
their ability to adapt to changes and their large job creation
potential .

The main issues dealt with at the Congress were succession,
recourse to professional management from outside the
family, the problem of retaining control when faced with the
need for further financing or for partnerships with other
companies, and taxation .

Can the Commission say whether the European Union has
responded to the conclusions of the Congress and whether,
in view of therse conclusions, it intends to make use of the
range of Community support measures available to enable
family-run businesses to function in the manner best suited
to their optimum development ?

8 . 5 . 96 1 fcN Official Journal of the European Communities No C 137 / 59

Answer given by Mr Papoutsis

given by Mr Papoutsis 2 . Does Turkey's persistent provocation constitute

of the Commission grounds for suspending the EU's financial protocol with

( 18 March 1996 ) that country ?

on behalf of the Commission

The Commission would like to thank the Honourable

Member for drawing its attention to the sixth World
Congress of Family Businesses held in Barcelona in
September 1995 . Since the Commission did not take part in
this event, it has contacted the organizer to request all useful
information on its proceedings and results .

The Commission recognises that family businesses play an
important role in the economic development of the
Community as a dynamic factor for growth and job
creation . These businesses are, however, generally very
small, and this smallness, together with a business
environment which may offer little incentive for growth,
sometimes acts as a handicap . It is for this reason that the
Commission welcomes international congresses which help
raise awareness of family SMEs and of any obstacles to their
development .

As part of its enterprise policy, the Commission will shortly
present a new multiannual programme for SMEs and the
craft sector which will place particular emphasis on
improving the business environment, especially as regards
the simplification of administrative procedures . In addition,
following a request made by the Madrid European Council,
it will submit an integrated programme for the craft sector
and SMEs before this summer . This programme will pay
particular attention to how other European policies, and
particularly the policy on regional development, take
account of SMEs and the craft sector .

Finally, it will organize two forums in 1 996 on the best ways
of exchanging experience at European level . The first will
deal with stimulating demand for services and the second
with the transfer of enterprises .

WRITTEN QUESTION P-3 72 / 96

by Nikitas Kaklamanis ( UPE )

to the Commission

(9 February 1996 )

( 96 / C 137 / 112 )

Subject : Further Turkish provocation

A mere 24 hours after the crisis over the isles of Imia, the
Turks took further provocation action in Greek territorial
waters in the Gulf of Thrace (3 February 1996 ) when a
Turkish patrol boat attempted to ram two fishing boats .

1 . How will the Commission respond in political terms to
Turkey's pesistent acts of provocation against an EU
Member State ?

Answer given by Mr Van den Broek

on behalf of the Commission

(4 March 1 996 )

The Commission expressed its position on the recent events
in the Aegean Sea in a statement ( 1 ), a copy of which has been
sent directly to the Honourable Member and Parliament's
General Secretariat .

C ) IP / 96 / 132 .

WRITTEN QUESTION E-463 / 96

by Wolfgang Nutëbaumer ( NI )

to the Commission

( 29 February 1996 )

( 96 / C 137 / 113 )

Subject : Provisions concerning rescue helicopter missions

Because of current measures to reduce State expenditure in
Austria, doubt surrounds the survival or future form of air
rescue services — particularly the use of rescue
helicopters .

1 . Does the Commission have plans for an EU-wide
helicopter / emergency doctor system ?

2 . Has the Commission adopted any provisions
concerning the training of ambulance staff employed in
a helicopter / emergency doctor system ?

3 . Has the Commission adopted any special provisions
concerning the work and job description of crews of
rescue helicopters ?

4 . Has the Commission adopted any special provisions
concerning the required training and composition of
helicopter crews permitted to carry out missions ?

Answer given by Mr Flynn
on behalf of the Commission

(1 April 1996 )

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

No C 137 / 60 EN Official Journal of the European Communities 8 . 5 . 96

WRITTEN QUESTION E-506 / 96

by Richard Howitt ( PSE )

Answer given by Sir Leon Brittan

on behalf of the Commission

to the Commission ( 19 March 1 996 )

(1 March 1996 )

( 96 / C 137 / 114 )

Subject : Aid to North Korea

What level of European aid is currently being sent to North
Korea and when was the aid programme to North Korea last
reviewed ?

In October 1995, the Commission granted humanitarian
aid to North Korea through Médecins sans frontières

( Belgium ) and Unicef . This humanitarian aid was worth
ECU 290 000 and consisted of medicines, vaccines, clothes
and blankets .

This aid was part of the overseas humanitarian programme .
There is no separate aid programme for North Korea .