Source: EURLEX
Language: en
Format: md

ISSN 0378-698 6

#### C 161
# Official Journal

Volume 39

### of the European Communities

##### English edition Information and Notices

5 June 1996

Notice No Contents
Page

I Information

European Parliament

Written Questions with answer

96 / C 161 / 01 P-1027 / 95 by Sérgio Ribeiro to the Commission
Subject : Transport and dumping of toxic waste by EXPO ' 98 ( Portugal ) ( Supplementary
answer ) 1

96 / C 161 / 02 E-2260 / 95 by Susanne Riess-Passer to the Commission
Subject : Support for the press in Austria ( Supplementary answer ) 2

96 / C 161 / 03 P-2266 / 95 by Magda Aelvoet to the Commission
Subject : Compliance with the birds Directive and the habitats Directive in connection with the
deepening of the Westerschelde 2

96 / C 161 / 04 P-2267 / 95 by Nel van Dijk to the Commission
Subject : Environmental impact assessment in connection with the deepening of the
Westerschelde 3

Joint supplementary answer to Written Questions P-2266 / 95 and P-2267 / 95 3

96 / C 161 / 05 P-2327 / 95 by Hedwig Keppelhoff-Wiechert to the Commission
Subject : Financing of training / vocational training in agriculture pursuant to Article 6 of Regulation

( EEC ) No 2084 / 93 on the ESF and Article 8 of Regulation ( EEC ) No 2085 / 93 on the EAGGF

( evaluation principle ) ( Supplementary answer ) 4

96 / C 161 / 06 E-2971 / 95 by Claudia Roth to the Commission
Subject : Implementation of the joint action concerning travel facilities for school pupils from third
countries resident in a Member State 5

96 / C 161 / 07 E-3051 / 95 by Nel van Dijk to the Commission
Subject : Contracting-out of Western Scheldt dredging work 5

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Contents ( continued ) Page

E-3104 / 95 by Lilli Gyldenkilde to the Commission
Subject : Coordinating procedures for the award of public supply contracts

E-3130 / 95 by Giorgos Katiforis to the Commission
Subject : Financial derivatives

E-3183 / 95 by Ian White to the Commission
Subject : Complaints to the Commission on the environment and the de minimis rule

E-3190 / 95 by Jorge Hernandez Mollar to the Commission
Subject : Special programme for SME management training

E-3201 / 95 by Alexandros Alavanos to the Commission
Subject : Discrimination against drivers of two-wheeled vehicles in Greece

P-3231 / 95 by Erhard Meier to the Commission
Subject : Monetary union : bank charges for converting savings accounts into the single

currency

E-3240 / 95 by Sebastiano Musumeci to the Commission
Subject : Measures against the consumption of veal

E-3244 / 95 by Maartje van Putten to the Commission
Subject : Hidrovia Paraguay-Parana project

E-3251 / 95 by Amedeo Amadeo to the Commission
Subject : EU contributions to finance steel industry closures

E-3275 / 95 by Amedeo Amadeo to the Commission

Subject : EU-Switzerland relations

E-3281 / 95 by Hilde Hawlicek to the Commission
Subject : Cooperation in the cultural sphere

E-3301 / 95 by Miguel Arias Cañete to the Commission
Subject : Impact on Community agriculture of the concessions on artichokes granted to Morocco
in the framework of the new Association Agreement

E-3302 / 95 by Miguel Arias Cañete to the Commission
Subject : Impact on Community agriculture of the concessions on cucumbers granted to Morocco
in the framework of the new Association Agreement

E-3304 / 95 by Miguel Arias Cañete to the Commission
Subject : Impact on Community agriculture of the concessions on cabbages granted to Morocco
in the framework of the new Association Agreement

E-3306 / 95 by Miguel Arias Cañete to the Commission
Subject : Impact on Community agriculture of the concessions on oranges granted to Morocco in
the framework of the new Association Agreement

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96 / C 161 / 23 E-3307 / 95 by Miguel Arias Carïete to the Commission
Subject : Impact on Community agriculture of the concessions on Clementines granted to Morocco
in the framework of the new Association Agreement 13

96 / C 161 / 24 E-3308 / 95 by Miguel Arias Canete to the Commission
Subject : Impact on Community agriculture of the concessions on courgettes granted to Morocco
in the framework of the new Association Agreement 13

96 / C 161 / 25 E-330 9 / 95 by Miguel Arias Canete to the Commission
Subject : Impact on Community agriculture of the concessions on pimientos granted to Morocco
in the framework of the new Association Agreement 14

96 / C 161 / 26 E-3310 / 95 by Miguel Arias Canete to the Commission
Subject : Impact on Community agriculture of the concessions on tomatoes granted to Morocco
in the framework of the new Association Agreement 14

Joint answer to Written Questions E-3301 / 95, E-3302 / 95, E-3304 / 95 and E-3306 / 95 to

E-3310 / 95 14

96 / C 161 / 27 E-3305 / 95 by Miguel Arias Canete to the Commission
Subject : Impact on Community agriculture of the concessions on flowers granted to Morocco in the
framework of the new Association Agreement 14

96 / C 161 / 28 E-3441 / 95 by José Escudero to the Commission
Subject : Assisting young artists 15

96 / C 161 / 29 E-3444 / 95 by José Apolinârio to the Commission
Subject : 1995 Cohesion Fund, Portugal 15

96 / C 161 / 30 E-3460 / 95 by Isidoro Sanchez Garcia to the Commission
Subject : Impact of the Euro-Maghreb Association Agreement on the tomato sector 16

96 / C 161 / 31 E-3461 / 95 by Ben Fayot to the Commission
Subject : Amending the EEC Regulations in the Member States 16

96 / C 161 / 32 E-3462 / 95 by Luigi Florio to the Commission
Subject : Expenses and allowances paid to the Members of the European Commission, and the
Judges of the Court of Justice and the Court of First Instance 17

96 / C 161 / 33 E-3490 / 95 by Markus Ferber to the Commission
Subject : Infrastructure charges in the transport of goods by road 18

96 / C 161 / 34 E-34 95 / 95 by Luis Campoy Zueco to the Commission
Subject : Structural Funds in Navarre 18

96 / C 161 / 35 E-3499 / 95 by Nel van Dijk to the Commission
Subject : Infrastructure investment on La Gomera 19

96 / C 161 / 36 E-3501 / 95 by Per Stenmarck to the Commission
Subject : De-regulation of the postal services market 20

###### EN

( Continued overleaf )

Notice No Contents ( continued ) Page

96 / C 161 / 37 E-3517 / 95 by Carlo Ripa di Meana to the Commission
Subject : Environmental assessment in implementing the priority trans-European network
projects 21

96 / C 161 / 38 P-3531 / 95 by José Apolinârio to the Commission
Subject : Plain bonito quota scale in NAFO zone 21

96 / C 161 / 39 P-3582 / 95 by Honôrio Novo to the Commission
Subject : Allocation of plain bonito fishing quotas for 1996 21

Joint answer to Written Questions P-3531 / 95 and P-3582 / 95 22

96 / C 161 / 40 E-3545 / 95 by José Apolinârio to the Commission
Subject : South African fisheries 22

96 / C 161 / 41 E-3604 / 95 by Honôrio Novo to the Commission
Subject : Negotiations on the agreement between the EU and South Africa 22

Joint answer to Written Questions E-3545 / 95 and E-3604 / 95 22

96 / C 161 / 42 E-3557 / 95 by Christine Oddy to the Commission
Subject : Monitoring of telephone calls 23

96 / C 161 / 43 E-3560 / 95 by Ben Fayot to the Commission
Subject : Consideration of national legislative acts 23

96 / C 161 / 44 P-3562 / 95 by Jorn Svensson to the Commission
Subject : Vehicle exhaust emissions 24

96 / C 161 / 45 E-3569 / 95 by Martin Schulz to the Commission
Subject : Information packages on Article 10 of the ERDF programme 24

96 / C 161 / 46 E-3573 / 95 by Joan Colom i Naval to the Commission
Subject : Withdrawal of tomatoes in the Netherlands 26

96 / C 161 / 47 E-3574 / 95 by Jan Mulder to the Commission
Subject : Packaging material made of biologically degradable base materials 26

96 / C 161 / 48 E-3575 / 95 by Jaak Vandemeulebroucke to the Commission
Subject : Prosecutions for infringing Directive 88 / 146 / EEC ( ban on hormones ) 27

96 / C 161 / 49 E-3581 / 95 by Rui Vieira to the Commission
Subject : Biological control of the fruit fly ( ceratitis capitata Wied ) 27

96 / C 161 / 50 E-3595 / 95 by Martina Gredler to the Commission
Subject : Refusal to subsidize winter crops as part of the Commission's environmental aid
programme for agriculture 28

96 / C 161 / 51 E-3621 / 95 by Cristiana Muscardini and Gastone Parigi to the Commission
Subject : EU-Morocco Association Agreement 29

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Notice No Contents ( continued ) Page

96 / C 161 / 52 E-3627 / 95 by Irene Crepaz to the Commission
Subject : CAP — non-agricultural investments in rural areas 29

96 / C 161 / 53 P-3632 / 95 by Caroline Jackson to the Commission
Subject : Safety of upholstered furniture 30

96 / C 161 / 54 E-3640 / 95 by Concepció Ferrer to the Commission
Subject : Interreg programmes for cross-border cooperation between Spain and France 30

96 / C 161 / 55 E-3644 / 95 by Bartho Pronk to the Commission
Subject : Trade in banned fireworks 31

96 / C 161 / 56 P-3654 / 95 by Alexandros Alavanos to the Commission
Subject : Kerameikos and line 3 of the Athens underground railway 32

96 / C 161 / 57 P-4 / 96 by Eryl McNally to the Commission
Subject : Non-recognition of mountain leader's qualifications 32

96 / C 161 / 58 P-5 / 96 by Undine-Uta Bloch von Blottnitz to the Commission
Subject : Radioactive waste in France 33

96 / C 161 / 59 E-10 / 96 by Christiane Taubira-Delannon to the Commission
Subject : Implementation of the Overseas Departments ' MGP 34

96 / C 161 / 60 P-ll / 96 by Hiltrud Breyer to the Commission
Subject : Origin of highly enriched uranium ( HEU ) purchased by the EU for use in research
reactors 35

96 / C 161 / 61 P - 1 8 / 96 by Anne McIntosh to the Commission
Subject : Consumer information on the crash performance of cars 36

96 / C 161 / 62 E-24 / 96 by Robert Sturdy to the Commission
Subject : Commission proposal to increase the sugar quota for Portugal 36

96 / C 161 / 63 E-59 / 96 by Hans-Gert Poettering to the Commission
Subject : Closing down of the Cuts-Gold poultry slaughterhouses in Twist and Bad Bentheim

( Lower Saxony ) 37

96 / C 161 / 64 E-66 / 96 by Yannos Kranidiotis to the Commission
Subject : MEDA programme funding for Turkey 37

96 / C 161 / 65 E-75 / 96 by Johanna Maij-Weggen to the Commission
Subject : The monk seal and the threat of extinction 38

96 / C 161 / 66 E-84 / 96 by Armelle Guinebertière to the Commission
Subject : Situation of piscivorous birds 38

96 / C 161 / 67 E-87 / 96 by Marianne Thyssen to the Commission
Subject : Cash card research 39

###### EN

( Continued overleaf )

Notice No Contents ( continued ) Page

96 / C 161 / 68 P-90 / 96 by Robert Evans to the Commission
Subject : Commission reports on school provision for gypsy and traveller children and for children
of occupational travellers 39

96 / C 161 / 69 E-95 / 96 by José Salafranca Sánchez-Neyra to the Commission
Subject : Cuba — European cereal sales exempt from export levy 40

96 / C 161 / 70 E - 96 / 96 by Odile Leperre-Verrier to the Commission
Subject : Single currency and the blind 41

96 / C 161 / 71 E-103 / 96 by Josu Imaz San Miguel to the Commission
Subject : Report on the drift-net control campaign 41

96 / C 161 / 72 E-l 13 / 96 by Clive Needle to the Commission
Subject : Purification time for Mussels 42

96 / C 161 / 73 P - 1 15 / 96 by Doeke Eisma to the Commission
Subject : Application of the habitats Directive to whales, seals and fish 42

96 / C 161 / 74 E-121 / 96 by Nikitas Kaklamanis to the Commission
Subject : Obstacles to freedom of international competition in the production and marketing of
duck products 43

96 / C 161 / 75 E-153 / 96 by Konstantinos Hatzidakis to the Commission
Subject : Attempts to enforce a ' protected geographical indication ' for foie gras 43

Joint answer to Written Questions E-121 / 96 and E-153 / 96 43

96 / C 161 / 76 E-139 / 96 by Jesus Cabezón Alonso and Juan Colino Salamanca to the Commission
Subject : Investment in forestry 43

96 / C 161 / 77 E-l 55 / 96 by Gerardo Fernández-Albor to the Commission
Subject : Protection of the interests of Spanish vessels with access to the fishing grounds of the Irish
Box 44

96 / C 161 / 78 E-156 / 96 by Gerardo Fernández-Albor to the Commission
Subject : Canada's wish to extend its 200-mile limit 44

96 / C 161 / 79 E-157 / 96 by Gianni Tamino and Carlo Ripa di Meana to the Commission
Subject : Development of the port of Varazze 45

96 / C 161 / 80 E-177 / 96 by Kenneth Coates to the Commission .
Subject : Environmental protection — mine-water pollution 46

96 / C 161 / 81 E-l 80 / 96 by Kenneth Coates to the Commission
Subject : Environmental protection — health effects of open-cast coal-mining 46

96 / C 161 / 82 E-l 87 / 96 by Gerhard Schmid to the Commission
Subject : Kaleidoscope — my Written Question E-2128 / 95 46

96 / C 161 / 83 E-l 96 / 96 by Martina Gredler to the Commission
Subject : Safety of escalators in Europe 47

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Notice No Contents ( continued ) Page

96 / C 161 / 84 E-205 / 96 by José Garci'a-Margallo y Marfil to the Commission
Subject : Declaring regions to be at a disadvantage due to specific constraints 48

96 / C 161 / 85 E-217 / 96 by Undine-Uta Bloch von Blottnitz to the Commission
Subject : Drift-nets 48

96 / C 161 / 86 E-226 / 96 by Susanne Riess-Passer to the Commission
Subject : Neutral status of Austria as a Member State 49

96 / C 161 / 87 E-227 / 96 by Susanne Riess-Passer to the Commission
Subject : Transposition of EU Directives by Member States 49

96 / C 161 / 88 E-246 / 96 by Nel van Dijk to the Commission
Subject : ERDF support for the Maastricht                   - Aachen airport 50

96 / C 161 / 89 E-256 / 96 by Robin Teverson to the Commission
Subject : Commission support of research into fishing gear 51

96 / C 161 / 90 E-266 / 96 by Maren Giinther to the Commission
Subject : Use of appropriations under budget item B7-5010 by the Commission in the financial year
1995 51

96 / C 161 / 91 E-267 / 96 by Wolfgang NulSbaumer to the Commission
Subject : Cereal reserves in Austria 52

96 / C 161 / 92 E-276 / 96 by Honôrio Novo to the Commission
Subject : Impact of the EU-Morocco trade agreement on agriculture 52

96 / C 161 / 93 P-278 / 96 by André Laignel to the Commission
Subject : Export quotas eligible for subsidies in the fruit and vegetable sector : preserved cherries and
provisionally preserved cherries 52

96 / C 161 / 94 E-286 / 96 by Gianfranco Dell'Alba to the Commission
Subject : Transposition into EU law of the UN provisions on equal opportunities for disabled
persons 53

96 / C 161 / 95 E-287 / 96 by Jaak Vandemeulebroucke to the Commission
Subject : Relations with outside agencies 54

96 / C 161 / 96 P-289 / 96 by Richard Howitt to the Commission
Subject : Selection of Article 10 projects 54

96 / C 161 / 97 P-290 / 96 by Elisabeth Schroedter to the Commission
Subject : Commission communication on the place of towns and cities in town and country
planning policy 55

96 / C 161 / 98 P-297 / 96 by Robert Evans to the Commission
Subject : ESF 1994 payments — United Kingdom 55

96 / C 161 / 99 E-336 / 96 by Amedeo Amadeo to the Commission
Subject : Private security firms 56

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( Continued overleaf )

Notice No Contents ( continued ) Page

96 / C 161 / 100 E-346 / 96 by Thomas Megahy to the Commission
Subject : Student mobility within the EU 56

96 / C 161 / 101 E-357 / 96 by Rinaldo Bontempi to the Commission
Subject : Infringement by Italy of the Directives on health and safety at work 57

96 / C 161 / 102 E-377 / 96 by Freddy Blak to the Commission
Subject : Discrimination on the basis of sexual orientation 57

96 / C 161 / 103 P-385 / 96 by Jesus Cabezon Alonso to the Commission
Subject : Spanish and Moroccan tomato exports 58

96 / C 161 / 104 E-387 / 96 by Laura Gonzalez Alvarez and Alonso Puerta to the Commission
Subject : Recognition of the Asturian language by the European Bureau for Lesser-Used
Languages 58

96 / C 161 / 105 E-426 / 96 by Anita Pollack to the Commission
Subject : Childcare Network 59

96 / C 161 / 106 E-437 / 96 by Amedeo Amadeo to the Commission
Subject : The drug Adalat 59

96 / C 161 / 107 E-476 / 96 by Nel van Dijk to the Commission
Subject : Implementation by the Netherlands of the Regulation on leghold traps 60

96 / C 161 / 108 E-487 / 96 by Miguel Arias Canete to the Commission
Subject : Directive on the common VAT system in Spain 61

96 / C 161 / 109 E-496 / 96 by Armelle Guinebertière to the Commission
Subject : Future of the CAP in the beef and veal sector 61

96 / C 161 / 110 E-516 / 96 by Odile Leperre-Verrier to the Commission
Subject : Progress report on the ' European Manifesto of Companies against Exclusion ' 62

96 / C 161 / 111 E-527 / 96 by Richard Howitt to the Commission
Subject : Helios programme 62

96 / C 161 / 112 E-536 / 96 by Richard Howitt to the Commission
Subject : European Social Funding 63

96 / C 161 / 113 E-5 37 / 96 by Richard Howitt to the Commission
Subject : European Social Funding 63

96 / C 161 / 114 P-577 / 96 by Helena Torres Marques to the Commission
Subject : United Kingdom protest at funding of the programme to combat social exclusion ... 63

96 / C 161 / 115 E-587 / 96 by Ian White to the Commission
Subject : Openness of the Commission 64

96 / C 161 / 116 P - 597 / 96 by Vassilis Ephremidis to the Commission
Subject : International distress and safety system ( GMDSS ) 64

###### EN

5 . 6 . 96 I EN Official Journal of the European Communities No C 161 / 1

I

( Information )

EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

Supplementary answer given by Mrs Bjerregaard

WRITTEN QUESTION P-1027 / 95 Supplementary answer given by Mrs
on behalf of the Commission

by Sérgio Ribeiro ( GUE / NGL )

to the Commission (5 January 1996 )

( 24 March 1995 )

{ 96 / C 161 / 01 )

Subject : Transport and dumping of toxic waste by
EXPO ' 98 ( Portugal )

On 1 February 1995 I tabled a question to the Commission
on the case of EXPO ' 98 in Lisbon and the fact that the

company involved, EXPO ' 98, SA, had been exempted from
requirements concerning environmental impact assessment

( Written Question E-434 / 95 ).

The latest media reports have spoken of an out-and-out
scandal, referring to the fact that tonnes of toxic waste have
been transported from the EXPO ' 98 site and dumped in an
' untidy heap ' in a quarry in Fâtima ( commune of Ourém )
even though no prior assessment was carried out, the local
authorities were not informed, and no safety precautions
were taken, least of all with respect to the region's
water-table, which accounts for the highest concentration of
groundwater in Portugal, supplying the Ribeira de Seiça,
Almonda, Alviela, Lis, and Lena catchment areas .

I would urgently draw attention to the earlier question .
Furthermore, will the Commission say whether it is aware of
the incident described and what additional pressure it can
exert on the Portuguese authorities so as to make them
rectify or alleviate the already serious situation resulting
from the failure to comply with Community legislation ?

Further to its answer of 28 April 1995 ( ) the Commission is
now able to inform the Honourable Member as follows :

After approaching the Portuguese authoirities in order to
obtain detailed information on the facts referred to, the
Commission received a letter from the Portuguese
authorities which contains the following information :

— those authorities acknowledge the existence of an

offence arising from the storage, in a quarry at Ourém,
of toxic wastes originating at the site of EXPO ' 98 ;

— the Portuguese authorities have taken the necessary steps

concerning that infringement . These consist of action by
the Direcçâo geral do ambiente ( DSA ) within the
Ministério Público that is intended to ensure that a

criminal action will be brought against the owner of the
property at Ourém and an injunction will be served to
that property owner in order to transfer the waste to an
adequate site and to decontaminate the soil ;

— under the supervision of the DGA's Direcçâo de serviços

de resíduos e reciclagem and the departments of the
Direcçâo regional da indústria e energia da região de
Lisboa e Vale do Tejo ( DRIERLVT ), the waste has been
transported to a point on the site of EXPO ' 98 that has
been approved by the departments of the Ministério do
Ambiente and of the DRIERLVT . The waste will

subsequently be transferred to a supervised EXPO ' 98
tip ;

— the contaminated soil has been treated and analyses have

been carried out which enable it to be concluded that

there has been no groundwater contamination ;

No C 161 / 2 EN Official Journal of the European Communities 5 . 6 . 96

— an inspection concluding that the situation has been fully

returned to normal was recently carried out .

f 1 ) OJ No C 190, 24 . 7 . 1995 .

WRITTEN QUESTION E-2260 / 95

by Susanne Riess-Passer ( NI )

to the Commission

( 31 July 1995 )

{ 96 / C 161 / 02 )

Subject : Support for the press in Austria

Section I, Paragraph 1 of the Austrian Law of 1983 on
support for the press defines ' general support ' for Austrian
newspapers published periodically, as follows :

Paragraph 1 :

' The State shall give financial support to Austrian daily
and weekly newspapers, in order to cover part of the
costs incurred in reporting news and selling
newspapers .'

In 1994, 60 weekly and daily newspapers received ATS

103 999 500,02 in financial support pursuant to this
provision . In addition, Section II, Paragraph 6(1 ) of the
Austrian Law of 1 July 1983 on press support defines
' special support for the preservation of media diversity ' as
follows :

' Notwithstanding support under Section I the State shall,
under this section, grant special support in order to help
preserve media diversity in the Austrian Lander . This
special support shall take the form of State financial help
to daily newspapers, including local editions, which
play a particular role in forming political opinions
and aspirations, but which are not in a position of
power .'

In 1994 under this provision, seven out of 15 daily
newspapers receiving general financial support received an
additional ATS 171 900 000,02 .

Are State grants for selected print media — in the form of
special support for the press — compatible with existing EU
rules ?

Supplementary answer given by Mr Van Miert

on behalf of the Commission

( 16 January 1996 )

Expanding on its answer of 6 October 1995 (*), the
Commission takes the view that State aid to help daily and
weekly newspapers disseminate general political, economic

and cultural information does not come within the scope of
Article 92(1 ) of the EC Treaty, provided that the actual
dissemination is confined predominantly to the territory of
the State concerned and that the assistance provided does
not therefore affect trade between Member States .

Care must be taken, however, to ensure that assistance for
the press does actually serve to maintain the diversity of the
printed media and does not indirectly benefit, particular
printing firms or companies in the paper industry, with the
press being required, for example, to purchase a particular
type of paper as a condition of the assistance granted .

The Commission did not undertake an investigation into the
facts mentioned by the Honourable Member but clarified
with the Member State concerned whether the Austrian

federal law referred to was the Press Promotion Law 1985

( Presseforderungsgesetz ) ( 2 ); this was confirmed by the
Austrian authorities . Section I of the Law makes it possible
to grant assistance to Austrian daily and weekly newspapers
which are, in terms of their content, more than just specialist
publications and mainly serve the purposes of political,
general economic or cultural information and opinion ­
forming ( Article 2(1 )), while Section II provides for special
assistance to be granted to daily newspapers in order to
preserve media diversity in the Austrian Lander ( Article 6 ).
The promotion of specialist and leisure publications is not
provided for by this Law . Since the aid is intended for daily
and weekly newspapers of general content whose actual
distribution is, as far as the Commission is aware, confined
predominantly to the territory of the Austrian State, the
Commission regards the aid as being compatible with the
present Community rules .

(') OJ No C 300, 13 . 11 . 1 995 .

( 2 ) BGBl . 228, as amended in BGB1 . 1992 / 465 and BGBl .
1992 / 865 .

WRITTEN QUESTION P-2266 / 95

by Magda Aelvoet ( V )

to the Commission

( 18 July 1995 )

( 96 / C 161 / 03 )

Subject : Compliance with the birds Directive and the

habitats Directive in connection with the

deepening of the Westerschelde

Has the Dutch Government already acted on the
Commission's request for more detailed information on the
plan to deepen the Westerschelde ? ( See the Commission's
answer of 8 March 1995 to Written Question E-151 / 95 by
Nel van Dijk and Magda Aelvoet ) C ).

On the basis of that information, does the Commission
believe that the deepening of the Westerschelde is
compatible with the Member States ' obligation under the
birds Directive ( Directive 79 / 409 / EEC on the conservation

5 . 6 . 96 EN Official Journal of the European Communities No C 161 / 3

of wild birds ) ( ) and the habitats Directive ( Directive
92 / 43 / EEC on the conservation of natural habitats and of
wild fauna and flora ) ( 3 ) to take appropriate measures to
prevent degradation of habitats of protected species of
birds ?

In making a judgment on this question, will the Commission
take account of :

— the fact that the 200 hectares of salt marshes and mud

flats that would be submerged as a result of deepening
the Westerschelde include parts of the Verdronken Land
van Saeftinge and the Schor van Waarde, which are
protected wetlands under the Dutch Nature
Conservancy Act ?

— the fact that, on 6 July 1995, the Dutch Government

designated the Verdronken Land van Saeftinge — the
largest salt marsh area in western Europe — a special
protection zone under the birds Directive ?

— the excavation work which would continue, after

deepening, in order to keep the fairway at the proper
depth ?

— the lack of clarity as to the ecological effectiveness and

political feasibility of the measures, and the timescale for
them, such the removal of polders, which should
mitigate or compensate for the loss of natural assets ?

Will the Commission initiate infringement proceedings
against the Dutch Government in order to enforce
compliance with the birds Directive and the habitats
Directive ?

(') OJ No C 175, 10 . 7 . 1995, p . 27 .

( 2 ) OJ No L 103, 25 . 4 . 1979, p . 1 .

( 3 ) OJ No L 206, 22 . 7 . 1992, p . 7 .

WRITTEN QUESTION P-2267 / 95

by Nel van Dijk ( V )

to the Commission

( 18 July 1995 )

( 96 / C 161 / 04 )

Subject : Environmental impact assessment in connection

with the deepening of the Westerschelde

Has the Dutch Government already acted on the
Commission's request for more detailed information on the
plan to deepen the Westerschelde ? ( See the Commission's
answer to Written Question E-l 51 / 95 by Nel van Dijk and
Magda Aelvoet ).

In its response, does the Dutch Government still take the
position that this deepening project is not subject to an
environmental impact assessment ( EIA ) pursuant to
Directive 85 / 337 / EEC ( M ?

Does the Commission agree that the deepening of the
Westerschelde can be considered a project of the class
referred to in Annex I ( 8 ) to Directive 85 / 337 / EEC for which
an EIA is mandatory, given that it involves works in and at a

waterway used by the port of Antwerp which is navigable by
vessels of over 1 350 tonnes ?

If the Commission considers the deepening of the
Westerschelde to be a class of project referred to in Annex II
to the above Directive, does it then agree that an EIA is
necessary because of the type, scale and location of the
project ?

In making a judgment on whether an EIA is mandatory for
the Westerschelde deepening project, will the Commission
take account of its drastic consequences — in particular the
excavation work, which would continue, after deepening, in
order to keep the fairway at the proper depth — for the

( partly protected ) wildlife areas, flora and fauna on and
around the Westerschelde and of the possible consequences
for the safety of those living along the Westerschelde ?

Will the Commission initiate infringement proceedings
against the Dutch Government in order to enforce
compliance with the EIA Directive ?

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

Joint supplementary answer to Written Questions

P-2266 / 95 and P-2267 / 95

by Mrs Bjerregaard
on behalf of the Commission

( 23 January 1996 )

Following its reply to the Honourable Members of
2 October 1 995, the Commission approached the Dutch
authorities for information on the project in question and
the procedures for authorizing it .

The Dutch authorities ' reply showed that this is a project to
deepen and widen the Westerschelde .

This type of project appears in Annex II (' canalization and
flood-relief works ') to Directive 85 / 337 / EEC on the
assessment of the effects to certain public and private
projects on the environment . Such projects must undergo
assessment where Member States consider that their

characteristics so require . Ornithological information
shows the Westerschelde to be very important to a large
number of bird species protected by Directive 79 / 409 / EEC
on the conservation of wild birds . Moreover, Article 6 ( 3 ) of
Directive 92 / 43 / EEC on the conservation of natural habitats

and of wild fauna and flora lays down that any plan or
project not directly connected with or necessary to the
management of such a site but likely to have a significant
effect thereon must be subject to appropriate assessment of
its implications for the site in view of the site's conservation
objectives . Such assessment is therefore required for this
particular project .

The Dutch authorities have informed the Commission that

studies have been undertaken to comply with Directive
92 / 43 / EEC . These will also include the possibility of taking

No C 161 / 4 EN Official Journal of the European Communities 5 . 6 . 96

compensatory measures . The studies are still under way .
The Commission has asked the Dutch authorities to send it

the findings of the studies and to keep it informed of the
measures they plan to take to protect the habitats affected by
the project .

WRITTEN QUESTION P-2327 / 95

by Hedwig Keppelhoff-Wiechert ( PPE )

them to be financed under Council Regulation

( EEC ) No 4255 / 88 ( 3 ) on the European Social Fund

( ESF ).

( b ) In the 1989-1993 Structural Fund period, aids for

vocational training from the Guidance Section of the
EAGGF were as follows :

( in ECU million )

Excluding Objective 1 35,770

Objective 1 19,526

to the Commission Total 55,296

( 27 June 1995 )

(: 96 / C 161 / 05 ) The ESF contribution to aids for vocational training
is based on Article 1 of Council Regulation ( EEC )
No 4255 / 88 . During the period in question they

Subject : Financing of training / vocational training in were as follows :
agriculture pursuant to Article 6 of Regulation

( EEC ) No 2084 / 93 on the ESF and Article 8 of
Regulation ( EEC ) No 2085 / 93 on the EAGGF

( evaluation principle )

Training / vocational training systems and courses vary
greatly, as do the rules for financing under de different
European funds ; consequently, it must be asked whether the
available resources are being used effectively by the
programmes laid down in the context of Objectives 1, 2, 5a
and 5b of the Structural Funds and by the Comett, Force,
Petra, Lingua and Leader Community programmes and
initiatives .

Will the Commission therefore state :

1 . What amounts were made available in individual
Member States under the above programmes during the

1989-1994 period for vocational training in agriculture,
in particular for those employed in agriculture ?

2 . Whether the consultation principle laid down in

Article 4 of Regulation ( EEC ) No 2081 / 93 C ) in relation
to the objectives of the Structural Funds was effectively /
adequately applied at local, regional, national and
European levels as regards the formulation of
programmes, selection of projects and authorization of
appropriations ?

(!) OJ No L 193, 31 . 7 . 1993, p . 5 .

Supplementary answer given by Mr Fischler

on behalf of the Commission

(4 March 1996 )

1, ( a ) Aids for vocational training relating to Objective
5(a ) are based on Article 28 of Council Regulation
( EEC ) No 2328 / 91 ( l ) and Article 21 of Regulation

( EEC ) No 797 / 85 ( 2 ) and are jointly financed by the
European Agricultural Guidance and Guarantee
Fund ( EAGGF ), in so far as there is no provision for

( in ECU million )

Vocational training of which,
agricultural training

Objective 1 11 197,682 30,800

Objective 2 1 827,487 —

Objective 5(b ) 418,081 245,129

Total 13 443,250 275,929

( c ) Under Leader I, a Community initiative, ECU
26,52 million was allocated to vocational training

( Objectives 1 and 5 ( b )).

( d ) The breakdown by Member State is being sent direct

to the Honourable Member and the Secretariat of

Parliament .

( e ) Over the same period a total of ECU 15 666 million
was mustered for all vocational training
programmes in the agricultural sector .

2 . The Commission has always tried to consult as
extensively as possible with national, regional and
local agencies during both the development and the
implementation of programmes under Article 4 of
Regulation ( EEC ) No 2052 / 88 ( 4 ), which also provides that
the partnership shall be conducted in full accordance with
each partner's institutional, legal and financial powers . That
is the expectation in which the Commission works with the
monitoring committees covering all programmes on a
regional basis . The Commission has always insisted, subject
to the established legal basis, on the need for all economic
and social partners to be represented on the monitoring
committees .

0 ) OJ No L 218, 6 . 8 . 1991 .

( 2 ) OJ No L 93, 30 . 3 . 1985 .

( 3 ) OJ No L 374, 31 . 12 . 1988

( 4 ) OJ No L 185, 15 . 7 . 1988 .

5 . 6 . 96 I HN Official Journal of the European Communities No C 161 / 5

WRITTEN QUESTION E-2971 / 95

by Claudia Roth ( V )

to the Commission

(9 November 1995 )

96 / C 161 / 06 )

Subject : Implementation of the joint action concerning

travel facilities for school pupils from third
countries resident in a Member State

On 30 November 1994 the Council of Ministers of Home

Affairs and Justice adopted the joint action concerning
travel facilities for school pupils from third countries
resident in a Member State ( 94 / 794 / JHA ) (') requiring that
travel facilities be granted for groups of school pupils
travelling on school excursions, with a view to improved
integration of third country nationals . The German
interpretation of the residence criterion has been that,
regardless of the length of stay in the Federal Republic, it
shall apply only to pupils holding a legal permit to reside in
the Federal Republic of Germany . This is not the case with
most pupils from civil war areas, who are living in Germany
by virtue of ' tacit ' authorization, and they would be unable
to reenter Germany after a school trip .

Does the Commission consider this to be a permissible
interpretation of the joint action ? Does it consider that such
a restrictive interpretation is compatible with its spirit
and purpose ? What does the Commission intend to do
about the resulting discrimination between pupils from
non-Coummunity countries ?

0 ) OJ No L 327, 19 . 12 . 1994, p . 1 .

Answer given by Mrs Gradin
on behalf of the Commission

( 17 January 1996 )

The joint action, adopted by the Council on 30 November

1994 on the basis of Article K. 3 ( 2 ) of the Treaty on
European Union, aims to dispense pupils from third
countries from the need for a visa when making school trips
to a Member State other than the Member State in which

they are legally resident . For this, pupils must appear on a
list, the format of which is annexed to the joint action . Pupils
must also possess valid travel documents ( passports ) in
order to cross borders . However, according to Article 2 of
the joint action, the latter condition may be suppressed on
two conditions, firstly, the list of pupils must include
photographs of those who are unable to supply travel
documents, and secondly, this list must be validated by the
relevant authorities of the Member State, which in this way
guarantee the status of resident for the pupils concerned .

To determine whether people from civil war areas living in
Germany are legally resident, and as such beneficiaries of the
joint action, it is necessary to analyse the relevant provisions
of German law . Accordingly, the Commission is not in a
position to determine whether practices described by the

Honourable Member are compatible with the wording and
the spirit of the joint action .

Finally, since the joint action was adopted under Title VI of
the Treaty on European Union, only courts of the Member
States could, when seised, give their interpretation to ensure
its application .

WRITTEN QUESTION E-3051 / 95

by Nel van Dijk ( V )

to the Commission

( 15 November 1995 )

( 96 / C 161 / 07 )

Subject : Contracting-out of Western Scheldt dredging

work

Have there been ' talks between senior civil servants
representing the Netherlands and Flanders ' concerning the
contracting-out of the dredging work in the Western
Scheldt f 1 )?

Was it agreed between them that part of the dredging work
required for the deepening of the Western Scheldt fell under
the existing maintenance contracts between Antwerp Port
Authority and the dredging group Tijdelijke Vereniging
Zeeschelde while another part should be contracted out
under a public tendering procedure ?

Was the Commission involved in these talks ?

Following my written question E-150 / 95 ( 2 ), did the
Commission investigate whether a public call for tenders
should be issued pursuant to Council Directive 93 / 37 / EEC
of 14 July 1993 ( 3 ) for the dredging work ?

If so, is the agreement between the Netherlands and
Flanders compatible with the conclusions of the
Commission's investigation ?

(M Provinciale Zeeuwse Courant, 12 October 1995 .

( 2 ) OJ No C 209, 14 . 8 . 1995, p . 1 .
( 3 ) OJ No L 199, 9 . 8 . 1993 .

Answer given by Mr Monti
on behalf of the Commission

(2 February 1996 )

Further to Written Question E - 1 50 / 95 from the
Honourable Member and Mr Pronk's Written Question
E-353 / 95 (*) on the Scheldt dredging work, the Commission
has carried out investigations with Belgium on the
Community rules applicable to the award of the contracts
concerned .

No C 161 / 6 EN Official Journal of the European Communities 5 . 6 . 96

These investigations have revealed that the work is to be
carried out on the basis of the agreement of 1 7 January 1 995
between the Netherlands and Belgium on the deepening of
the Western Scheldt . This agreement does not contain
specific provisions on the award procedures, but specifies
that all contracts concluded for the purpose of carrying out
dredging work are to be signed by the Flemish regional
government in accordance with the applicable Community
law and in compliance with existing commitments in
Flanders and the Netherlands . The agreement itself does not
contain any provisions contrary to Community law on
public procurement .

The Commission is unable to answer the Honourable

Member's question as to whether talks have taken place
between senior civil servants from the Netherlands and

Flanders on the contracting-out of the work . In any event,
the Commission has not been involved in such talks .

With regard to the award of the dredging contracts in
question, representing a total value of about ECU
91 million, the bulk of the work is apparently covered by an
existing contract with Tijdelijke Vereniging Zeeschelde, a
temporary association of three Belgian companies, awarded
by the Belgian State on a mutual agreement basis on
17 March 1975 .

The Commission takes the view that this contract cannot

serve as a valid basis for the award of the work in question
because documents in its possession show that it expired on
31 March 1993 .

The Commission considers that the dredging work, the
value of which is well above the ECU 5 million threshold,
falls within the scope of Council Directive 93 / 37 / EEC of

14 June 1993 concerning the coordination of procedures for
the award of public works contracts . It must therefore be
awarded by an open or restricted procedure . The
Commission is continuing its discussions with the Belgian
authorities with a view to ensuring that Community law is
applied correctly .

(M OJ No C 175, 13 . 7 . 1995 .

WRITTEN QUESTION E-3 104 / 95

by Lilli Gyldenkilde ( GUE / NGL )

to the Commission

( 20 November 1995 )

( 96 / C 161 / 08 )

pursuant to Article 3(a ) of Council Directive 77 / 62 / EEC ()
coordinating procedures for the award of public supply
contracts ?

Will the Commission please provide a complete list of all
types of public supply contracts connected with Member
States ' official development aid that are not covered by
Article 3(a ) of the Directive coordinating procedures for the
award of public supply contracts .

f 1 ) OJ No L 13, 15 . 1 . 1977, p . 1 .

Answer given by Mr Monti
on behalf of the Commission

( 17 January 1996 )

Article 3 of Directive 77 / 62 / EEC has been replaced by the
identical provision of Article 4, letter ( a ) of Council
Directive 93 / 36 / EEC of 14 June 1993 coordinating
procedures for the award of public supply contracts C )
which states :

' This Directive shall not apply to public supply contracts
governed by different procedural rules and awarded :

( a ) in pursuance of an international agreement
concluded in conformity with the Treaty, between a
Member State and one or more non-member

countries and covering supplies intended for the
joint implementation or exploitation of a project by
the signatory States ; all agreements shall be
communicated to the Commission, which may
consult the Advisory Committee for Public
Contracts set up by Decision 71 / 306 / EEC '.

In 1993 and 1994 no agreements were notified to the
Commission with explicit reference to Article 3 ( a ) of
Directive 77 / 62 / EEC of Article 4 ( a ) of Directive
93 / 36 / EEC .

During that period, 33 notifications were, however, made
pursuant to Council Decision 74 / 393 / EEC establishing a
consultation procedure for cooperation agreements
between Member States and third countries ( 2 ).

The Commission is examining whether other notifications
have been made and whether the notified agreements meet
the criteria of Article 4 ( a ). A full answer to the question will
be given as soon as possible after examination of the

matter .

Subject : Coordinating procedures for the award of public

(!) OJ No L 199, 19 . 8 . 1993 .
supply contracts

( 2 ) OJ No L 208, 30 . 7 . 1974 .

How many agreements did each Member State
communicate to the Commission in 1993 and 1994

5 . 6 . 96 EN Official Journal of the European Communities No C 161 / 7

WRITTEN QUESTION E-3130 / 95

by Giorgos Katiforis ( PSE )

to the Commission

( 20 November 1995 )

( 96 / C 161 / 09 )

Subject : Financial derivatives

On 17 October 1995, press reports ( Financial Times )
regarding the treasury policy of companies trading in
financial derivative instruments disclosed that :

' In more than 30 % of companies, the board of directors
did not formally approve the policy . In more than 50 %
of cases, the board did not receive regular management
information on treasury activity, and in almost half of
companies, the treasury function operated without
adequate limit controls over its risk management
activities .

Exacerbating this situation, many treasury departments
lack sophisticated technology . Fewer than half
maintained their treasury records and position data on
established package systems, while 30 % of companies
continued to rely on home-made spreadsheets .

Many companies are reluctant to invest in new
technology for their treasury operations, despite the risks
this implies for control ',

non-financial companies from affecting credit institutions
and investment firms, the latter are required under several
Directives, Council Directive 92 / 121 / EEC of 21 December

1992 ( large exposures Directive ) C ), Council Directive
89 / 647 / EEC of 18 December 198 9 ( solvency ratio
Directive ) ( 2 ) and Council Directive 93 / 6 / EEC of 15 March
1993 ( capital adequacy Directive ) ( 3 ), to limit their
exposures to counterparts and to hold adequate capital
against such exposures .

The Commission recognises that the internal organization
of certain companies may not always present all the
guarantees necessary to ensure that treasury operations are
under adequate control . This problem is of course not only
limited to derivatives, but may involve other areas of a
company's activity . It is for this reason that the Commission
has launched two studies, one on corporate governance and
another on the role, position and liability of the statutory
auditor, which will be concluded before the end of the year .
On the basis of these studies, the Commission will consider
if any action in these particular fields is necessary .

With respect to the Commission's intentions for action in
view of the recommendations in the Parliament's resolution

A 4-207 / 95, a separate report will be submitted in due

course .

( ] ) OJ No L 29, 5 . 2 . 1993 .

( 2 ) OJ No L 386, 31 . 12 . 1989 .

( 3 ) OJ No L 141, 11 . 6 . 1993 .

the report notes .

The above indicates that private companies trading in
derivatives are largely disregarding the rules their
own professional organizations recommend and draft .
Adherence to such rules was the main argument used by the
private sector in their representations to the European
Parliament aimed at forestalling the possibility of
compulsory rules being introduced .

Has the Commission taken proper notice of the above
disquieting information and the obvious implications both
for the security of the public and the stability of the financial
system ? How does the Commission intend to act, especially
in view of the recommendations contained in the European
Parliament's resolution A 4-207 / 95 on derivatives ?

WRITTEN QUESTION E-3 183 / 95

by Ian White ( PSE )

to the Commission

( 29 November 1995 )

( 96 / C 161 / 10 )

Subject : Complaints to the Commission on the
environment and the de minimis rule

With regard to complaints to the Commission concerning
the environment :
Answer given by Mr Monti
on behalf of the Commission

( 17 January 1996 )

The Commission is aware of recent reports in the financial
press referring to a lack of control on treasury activities in
some non-financial enterprises dealing with financial
instruments .

Since non-financial companies ' treasury activities are in the
vast majority of cases limited to the needs of the companies '
core business they do not create systemic risks for financial
markets . In any case, in order to prevent problems in

1 . Does the Commission apply a de minimis rule, and, if so,
can the Commission explain the criteria which are used
to apply this rule ?

2 . Can it clarify what individual complains would not be
covered by the de minimis rule ( e.g . an individual
landfill, localized water pollution, access to
information, damage to an important habitat )?

3 . Given the high degree of concern on environmental
issues, can the Commission explain how the application
of a de minimis rule is compatible with a Community
closer to the citizen ?

No C 161 / 8 EN Official Journal of the European Communities 5 . 6 . 96

4 . Does the de minimis rule apply to the conformity of
national legislation or does the Commission use other
discretionary powers to overlook differences between
the transposition and the content of environmental
Directives ?

5 . Has the Commission decided to close any already open

procedures on the basis of the de minimis rules, or is it
intending to close any ?

Answer given by Mr Santer
on behalf of the Commission

(7 February 1996 )

The Commission does not apply any specific de minimis
rule when initiating infringement proceedings under
Article 169 of the EC Treaty . This is true for all areas,
including the environment .

The Commission initiates proceedings in all cases where, in
its opinion, the scope and impact of the infringement call for
action to be taken .

Obviously, compalints do not give rise to infringement
proceedings unless they are justified, and a single proceeding
may cover several individual complaints, each relating to a
different case .

It should be added that, irrespective of any action it may
take under Article 169, the Commission encourages
complainants to avail themselves of the means of redress
available at national level, where this is possible .

In view of the foregoing, no specific answer need be given
to points 2, 3, 4 or 5 of the Honourable Member's
question .

WRITTEN QUESTION E-3190 / 95

by Jorge Hernandez Mollar ( PPE )

to the Commission

( 29 November 1995 )

( 96 / C 161 / 11 )

Subject : Special programme for SME management
training

Paragraph 35 of Parliament's resolution on a coherent
employment strategy for the European Union ( A4 - 1 66 / 95 )
calls on the Commission to draw up a special programme
for SME management training .

Can the Commission say what action has been taken on this
request and what kind of approach it intends to adopt ?

Answer given by Mr Papoutsis

on behalf of the Commission

( 25 January 1996 )

The Commission is fully aware of the important role
of management training for small and medium-sized
businesses ( SMEs ) and business founders for improving
competitiveness and raising business survival rates .

Management training for SMEs is already covered by the
Community ' SME ' initiative and, in the case of SMEs in
sectors in transition, the ' Adapt ' initiative . Moreover, as
regards vocational training, the Leonardo programme
provides for the co-financing of projects in the field of
management training for managers of SMEs, particularly

women .

Before starting to consider a new special programme on
management training for SMEs, the Commission wishes
first to assess the results of the abovementioned

programmes in this field .

WRITTEN QUESTION E-3201 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

( 29 November 1995 )

( 96 / C 161 / 12 )

Subject : Discrimination against drivers of two-wheeled

vehicles in Greece

Recently the Greek authorities announced new increases in
road tax, with two-wheeled vehicles being subject to the
same level of tax as cars of the same cubic capacity . At the
same time, the Greek Motorcyclists Federation complains
that motorcycles are placed in a higher tax bracket than cars,
thereby discouraging their use .

As a result, the principle of sustainable mobility in urban
areas advocated by the Commission is not being applied,
although a two-wheeled vehicle takes between 16% and
46 % less time than a car to cover the same distance . In

addition, the policy of reducing pollution is not being
applied since, according to the Commission's own statistics,
motorcycles, which account for 14,6 % of all vehicles,
produce less than 3,8 % of carbon monoxide, 1,1 % of
carbon dioxide and 3,8 % of nitrogen oxides . They consume
between 55% and 81 % less fuel than other vehicles . For

these reasons the European Parliament called, in a

5 . 6 . 96 I EN 1 Official Journal of the European Communities No C 161 / 9

resolution ( Doc . A3-150 / 92 ), for two-wheeled vehicles to be
exempted from taxes on purchase, ownership and use .

1 . What view does the Commission take of the fact that

two-wheeled vehicles are now subject to the same level
of road tax as cars in Greece ?

2 . Will it take steps to put an end to discrimination against
the users of two-wheeled vehicles in the form of the

excessive taxes imposed by the Greek authorities on
their purchase, ownership and use particularly as this
means of transport is used mainly by the lower paid and
young people ? If so, what measures will it take ?

Answer given by Mr Kinnock

on behalf of the Commission

( 12 January 1996 )

Since there are no Community rules governing the structure
and rates of annual road-fund taxes on cars and motorcycles
the Commission has not examined in detail the Greek

national regulations referred to by the Honourable Member
and is therefore in no position to deliver an opinion on those
regulations .

The Commission is aware of the contribution that

motorcycles are likely to make to reducing congestion and
air pollution in built-up areas . Nevertheless, it would note,
as regards the safety of the transport system, that
motorcycles are involved in more accidents than other
means of transport . In view of the absence of common rules
the Commission does not intend to act in this instance .

WRITTEN QUESTION P-3231 / 95

by Erhard Meier ( PSE )

to the Commission

( 29 November 1995 )

Answer given by Mr Monti
on behalf of the Commission

( 17 January 1996 )

In the green paper of 31 May 1995, on the practical
arrangements for the introduction of the single currency f 1 ),
the Commission stated ( paragraph 120 ) that it was firmly of
the opinion that consumers must not be subject to any
special charges as a result of the changeover to the single
currency . That statement was based on the Commission's
view that the definitive conversion of customers ' balances,
from the participating currencies to the single currency, will
result from the operation of monetary law, based on the EC
Treaty, not from any contractual arrangement and ought
not, therefore, to be regarded as a service for which
commissions or fees could be charged .

However, a distinction may need to be drawn between this
once and for all conversion of account balances, which will
occur in the final phase of the changeover, and the question
of charges for conversions between the different
denominations which may be carried out at earlier stages of
the changeover process . During the interim phase starting
on 1 January 1999, the Euro denomination and national
denominations will co-exist, as different but legally
equivalent expressions of what is, economically and
legally, one currency from the beginning of stage III .
Voluntary conversions between denominations during that
transitional stage, prior to the final conversion at the end of
the transition, may however be subject to different
principles as regards charges . The Commission will study
this and other detailed questions in its preparation of the
legal framework for the transitional period, in the light of
the Madrid European Council of December 1995 and will
make its views known during the course of 1 996 .

(') COM(95 ) 333 .

( 96 / C 161 / 13 )
WRITTEN QUESTION E-3240 / 95

by Sebastiano Musumeci ( NI )

Subject : Monetary union : bank charges for converting

savings accounts into the single currency

The European Commission's green paper on the practical
procedures for introducing the single European currency
presents scenarios for the transition to the single currency
and the role of the various branches and sectors .

What steps will the Commission take to ensure that banks
will not levy charges for converting savings accounts, for
example, from national currencies into the single European
currency ? A number of banks are already advertizing
' Europe Savings Accounts ' in which savings would be
converted free of charge . Does this mean that, in principle,
charges could or should be levied for converting accounts
into the single currency ?

to the Commission

(1 December 1995 )

( 96 / C 161 / 14 )

Subject : Measures against the consumption of veal

Although veal consumption is encouraged by the false belief
that, because the meat is tender, it is high quality and
particularly good for children and convalescents, veal
production involves unnatural rearing techniques .

From just after birth until they are five months old, veal
calves are reared in fattening crates which force them to

No C 161 / 10 EN Official Journal of the European Communities 5 . 6 . 96

stand all the time and are fed a milk substitute devoid of

bran and iron precisely in order to make them anaemic and
consequently their meat light-coloured .

Bearing in mind that meat obtained in this way is in fact a
sign of sickness due to a weak liver and a short life-cycle,
which could leave substances in the meat that pose a
health-risk for consumers, will the Commission adopt a
Directive scientifically dispelling the white meat myth,
reducing veal consumption and prohibiting the outrageous
unnatural techniques used to rear veal calves ?

Answer given by Mr Fischler
on behalf of the Commission

( 18 January 1996 )

The Commission is aware that there is increasing concern
within the Community about the conditions under which
veal calves are reared . Council Directive 91 / 629 / EEC laying
down minimum standards for the protection of calves (')
does not, however, ban the use of rearing methods
mentioned by the Honourable Member .

During the Agricultural Council meeting at the beginning of

1995 it was decided to review this Directive as soon as

possible . On the basis of a report by the Scientific veterinary
committee on the matter, the Commission drew up a report
which will be the basis of amendment to the current

Directive . If the Commission's proposals based on this
approach are adopted, the welfare conditions of intensively
reared calves will be substantially improved .

It is not the Commission's intention to adopt any measures
which would discourage consumption of veal and indeed
adoption of improved welfare standards may be expected to
lead to improved marketing prospects for this type of

meat .

( ] ) OJ No L 340, 11 . 12 . 1991 .

1 . How is that openness being achieved ?

2 . Is the Commission satisfied with the degree of openness
observed hitherto ?

3 . What part does the Commission see for itself or the EU
delegation offices in the countries concerned in
promoting openness and involvement of the local
population and their NGOs ?

4 . With what openness criteria must future specific

assessments relating to the Hidrovia project comply for
the Commission to be prepared to make a financial
contribution to it ?

5 . With what criteria for involvement of the local

population must the assessments comply for the
Commission to consider them as a sufficient basis for a

decision on whether or not to participate in the
Hidrovia-Paraguay-Paranâ project ?

Answer given by Mr Marin
on behalf of the Commission

( 22 January 1 996 )

The Hidrovia project is extremely important for the
countries concerned ( Argentina, Bolivia, Brazil, Paraguay
and Uruguay ), as was once more pointed out in the Punta
del Este presidential declaration of 7 December 1995
concerning the Paraguay-Parana Hidrovia . A copy of this
declaration is being sent to the Honourable Member and to
Parliament's General Secretariat .

1 . Transparency or openness will be achieved through the

following :

— the explicit will of the five Presidents ( see last
paragraph of the declaration );

— the active presence of the Commission Delegations

and of the Member States ' embassies ;

— the exemplary effort made by the non-governmental

organizations ( NGOs );

WRITTEN QUESTION E-3244 / 95 — the wishes expressed by the Hidrovia

by Maartje van Putten ( PSE ) Intergovernmental Committee ( HIC ).

to the Commission

(1 December 1996 ) 2 . Yes .

( 96 / C 161 / 15 ) — On 6 December 1995 the first public hearing was

held on the Hidrovia project with the participation
of all the interested NGOs .

Subject : Hidrovia Paraguay-Parana project

— President Henrique Cardoso also mentioned the

subject when he visited Parliament .

The Hidrovia Inter-Governmental Committee ( CIH ) stated
in a press release of 30 August 1995 that the environmental — The médias refer to it regularly .
impact assessment for the Hidrovia project would be carried
out in conditions of considerable openness so that its — The HIC has furthermore
progress could be followed in great detail by the interested Parliament to supply
parties . considers this necessary .

— The HIC has furthermore stated that it will visit

Parliament to supply information if the latter
considers this necessary .

5 . 6 . 96 EN Official Journal of the European Communities No C 161 / 11

3 . The Commission takes the view that it should provide,
without paternalism, back-up and aid, a role it is now
playing .

4 . The criteria are those set out in the presidential
declaration .

5 . The Commission is involved in development assistance

projects only where they tie in with Council Regulation

( EEC ) No 443 / 92 on financial and technical assistance
to, and economic cooperation with, the developing
countries in Asia and Latin America and where it is

convinced that the project can really improve the
economic and social conditions of the ultimate

beneficiaries .

WRITTEN QUESTION E-3251 / 95

by Amedeo Amadeo ( NI )

to the Commission

(1 December 1995 )

96 / C 161 / 16 )

Subject : EU contributions to finance steel industry
closures

20 November 1995 was the last day on which the short-time
allowance was paid to the work-force at the Montello SpA
company . Production accordingly ceased on that date,
clearing the way for the steelworks to be demolished .

The Italian Ministry for Industry has received 44
applications to dismantle plant with a view to obtaining
European funds but has so far forwarded only 27 of them to
Brussels, including the one from Montello SpA . However,
the Ministry's Technical Committee has still to examine 13
files submitted by, among others, the Darfo and Megara and
Leali steelworks and the Falk Group, which between them
are requesting the sum of Lit 256 billion in connection with
their dismantling operations .

Contributions totalling Lit 410 billion are available to
finance closures, and Lit 380 billion, to finance projects to
set up new industrial activities .

Montello SpA is apparently now aiming to build an
' ecological waste treatment centre ', which, according to the
Bergamo provincial and Lombardy regional authorities and
the trade unions in the industry, could to some extent help to
resolve the employment problem that is the central issue .

Obviously, nothing will be possible unless the European
Union takes an early decision on the application for
contributions with a view to abandoning steel-making, the
key to the entire Montello SpA conversion operation .

Will the Commission, as a matter of urgency, consider the
points set out above and ensure that a decision is taken
quickly, as is essential in order to overcome the employment
crisis affecting over 350 families and workers in
Bergamo ?

Answer given by Mr Van Miert

on behalf of the Commission

( 15 January 1996 )

On 29 October 1995 the Commission decided to authorize

the closure aid and dismantling aid to be granted by the
Italian Government to the steel firm Montello SpA, whose
principal place of business is in Montello, Bergamo .

The Commission will shortly be seeking the views of
the Member States under Article 6(3 ) of Decision
No 3855 / 91 / ECSC on the proposed closure aid for the firms
in the Falk Group and for the Darfo and Leali steelworks .
Those cases were not notified to the Commission until the

end of November . However, since this is an urgent matter,
as the Honourable Member has indicated, and as indeed are
the dismantling measures in the private steel industry in
Italy, the Commission should be able to take a decision in
those cases before 30 January 1996 .

More specifically, with regard to the applications submitted
to it under Article 56(2)(b ) of the ECSC Treaty for a
contribution to the financing of social measures to assist the
355 workers affected by the closure of the firm, the
Commission adopted a Decision in December on aid
totalling ECU 2 376 118 ( conventional aid and social
measures ).

WRITTEN QUESTION E-3275 / 95

by Amedeo Amadeo ( NI )

to the Commission

(6 December 1995 )

( 96 / C 161 / 17 )

Subject : EU-Switzerland relations

Negotiations between the EU and Switzerland relating to
free movement of persons are, regrettably, deadlocked
because the EU is asking the Swiss authorities to accept the
' acquis communautaire ', that is to say, unrestricted freedom
of movement for persons and workers travelling between
Switzerland and the 15 Member States ; the Union is likewise
calling fo abolition of the quotas currently applying to
Community nationals wishing to settle in Switzerland .

No C 161 / 12 EN Official Journal of the European Communities 5 . 6 . 96

For its part, Switzerland maintains that it cannot accept
complete free movement of persons, but is promising to
make ' substantial qualitative improvements ' to the existing
arrangements, in particular with respect to the status of
seasonal workers, students, and pensioners .

The Swiss fears are unfounded, and, in any event, free
movement of persons must not be jeopardized . Until such
time as the controversy has been resolved and freedom of
movement for Europeans fully guaranteed, will the
Commission suspend the EU's bilateral agreements with
Switzerland in all other sectors ?

Answer given by Mr Van den Broek

on behalf of the Commission

(7 February 1996 )

On 4 December 1995, the Commission reported to the
General Affairs Council on the negotiations with
Switzerland in the areas of free movement of people,
research, public procurement, mutual recognition of
conformity assessment, market access for agricultural
products, and transport ( air and road ).

In its conclusions, the Council requested the Commission to
pursue the negotiations actively and with tenacity, in
conformity with the principles of globality and appropriate
parallelism contained in the negotiating Directives agreed
on 31 October 1994 and 13 / 14 March 1995, and expressed
the hope that progress could be made soon .

The Commission considers that free movement of people is
essential if a satisfactory result is to be achieved in the
negotiations .

In accordance with the Council's mandate the Commission
holds the position that until there is substantial agreement in
all six areas no single agreement should be concluded or
even acted upon as if they were concluded . This means that
without a satisfactory conclusion in the area of free
movement of people, agreements in other areas can not be
concluded .

The Commission is making every effort to accommodate
Swiss concerns . It has to be accepted that the free movement
of people is a basic principle in all of western Europe . In this
context, it will continue its efforts to demonstrate that free
movement is in the interest of both sides . This is a sensitive

question for the European Union . It is illusory to consider
that rapprochement with the European Union can be
achieved without a solution to this essential problem .

WRITTEN QUESTION E-3281 / 95

by Hilde Hawlicek ( PSE )

to the Commission

(6 December 1995 )

( 96 / C 161 / 18

Subject : Cooperation in the cultural sphere

The Raphael programme that is still under discussion gives
particular prominence to cooperation with the Council of
Europe :

'. . . there are numerous links between the cultural

heritage in Europe and other non-Community countries ;
whereas, therefore, this area is ideally suited to
developing forms of cooperation with non-member
countries and the competent international
organizations . . . in particular the Council of Europe '.

Do any proposals exist, as a matter of principle, for common
actions in the cultural sphere ? Have any practical proposals
been put forward for cooperation with a view to preserving
the cultural heritage ?

Answer given by Mr Oreja
on behalf of the Commission

( 18 January 1996 )

The Commission proposal (') for a European Parliament
and Council Decision establishing a Community action
programme in the field of cultural heritage — Raphael —
provides for cooperation with non-member countries and
international organizations ( Action V ). During preparatory
meetings with Parliament and the Council, Action V was not
questioned .

The Raphael programme, one of the three cultural action
programmes proposed by the Commission, must be adopted
unanimously by the co-decision procedure as provided by
Article 128 of the EC Treaty .

The Raphael programme was not adopted because the

Council ( Culture ) did not arrive at a common position at the
last meeting, which was held in Brussels on 20 November

1995 . As a result measures relating to the heritage will be
carried out in accordance with the comments on the

budget .

Here, the Commission will take special care to ensure that
Community measures complement those carried out by the
organizations mentioned by the Honourable Member .

(M COM(95 ) 110 .

5 . 6 . 96 I EN Official Journal of the European Communities No C 161 / 13

WRITTEN QUESTION E-3301 / 95

by Miguel Arias Canete ( PPE )

to the Commission

Community, and state whether it intends to approvce any
compensatory measures ?

(9 December 1995 ) WRITTEN QUESTION E-3306 / 95

( 96 / C 161 / 19 ) by Miguel Arias Cañete ( PPE )

to the Commission

Subject : Impact on Community agriculture of the
concessions on artichokes granted to Morocco
in the framework of the new Association

Agreement

The recent Association Agreement between the EU and the
Kingdom of Morocco includes substantial concessions
to Morocco relating to sensitive products, including
artichokes .

Can the Commission provide an assessment of the future
impact of these concessions on producers in the
Community, and state whether it intends to approve any
compensatory measures ?

(9 December 1995 )

( 96 / C 161 / 22 )

Subject : Impact on Community agriculture of the
concessions on oranges granted to Morocco in the
framework of the new Association Agreement

The recent Association Agreement between the EU and the
Kingdom of Morocco includes substantial concessions
to Morocco relating to sensitive products, including

oranges .

measures ? Can the Commission provide an assessment of the future

impact of these concessions on producers in the
Community, and state whether it intends to approve any
WRITTEN QUESTION E-3302 / 95 compensatory measures ?

by Miguel Arias Canete ( PPE )

to the Commission

(9 December 1995 )

WRITTEN QUESTION E-3307 / 95

by Miguel Arias Cañete ( PPE )

( 96 / C 161 / 20 to the Commission

(9 December 1995 )

Subject : Impact on Community agriculture of the
concessions on cucumbers granted to Morocco ( 96 / C 161 / 23 )
in the framework of the new Association
Agreement Subject : Impact on Community

The recent Association Agreement between the EU and the
Kingdom of Morocco includes substantial concessions
to Morocco relating to sensitive products, including
cucumbers .

Subject : Impact on Community agriculture of the
concessions on Clementines granted to Morocco
in the framework of the new Association

Agreement

Can the Commission provide an assessment of the future
impact of these concessions on producers in the
Community, and state whether it intends to approve any
compensatory measures ?

The recent Association Agreement between the EU and the

Kingdom of Morocco includes substantial concessions
to Morocco relating to sensitive products, including
Clementines .

measures ? Can the Commission provide an assessment of the future

impact of these concessions on producers in the
Community, and state whether it intends to approve any
WRITTEN QUESTION E-3304 / 95 compensatory measures ?

by Miguel Arias Canete ( PPE )

to the Commission

(9 December 1995 )

WRITTEN QUESTION E-3308 / 95

by Miguel Arias Cañete ( PPE )

( 96 / C 161 / 21 ) to the Commission

(9 December 1995 )

Subject : Impact on Community agriculture of the
concessions on cabbages granted to Morocco ( 96 / C 161 / 24 )
in the framework of the new Association
Agreement Subject : Impact on Community

The recent Association Agreement between the EU and the
Kingdom of Morocco includes substantial concessions
to Morocco relating to sensitive products, including
cabbages .

Can the Commission provide an assessment of the future
impact of these concessions on producers in the

Subject : Impact on Community agriculture of the
concessions on courgettes granted to Morocco
in the framework of the new Association

Agreement

The recent Association Agreement between the EU and the
Kingdom of Morocco includes substantial concessions
to Morocco relating to sensitive products, including

courgettes .

No C 161 / 14 EN Official Journal of the European Communities 5 . 6 . 96

Can the Commission provide an assessment of the future
impact of these concessions on producers in the
Community, and state whether it intends to approve any
compensatory measures ?

WRITTEN QUESTION E-3309 / 95

by Miguel Arias Cañete ( PPE )

to the Commission

(9 December 1995 )

( 96 / C 161 / 25 )

Subject : Impact on Community agriculture of the
concessions on pimientos granted to Morocco
in the framework of the new Association

Agreement

The recent Association Agreement between the EU and the
Kingdom of Morocco includes substantial concessions
to Morocco relating to sensitive products, including
pimientos .

Can the Commission provide an assessment of the future
impact of these concessions on producers in the
Community, and state whether it intends to approve any
compensatory measures ?

WRITTEN QUESTION E-3310 / 95

by Miguel Arias Cañete ( PPE )

to the Commission

(9 December 1995 )

( 96 / C 161 / 26 )

Subject : Impact on Community agriculture of the
concessions on tomatoes granted to Morocco
in the framework of the new Association

Agreement

The recent Association Agreement between the EU and the
Kingdom of Morocco includes substantial concessions
to Morocco relating to sensitive products, including

tomatoes .

Can the Commission provide an assessment of the future
impact of these concessions on producers in the
Community, and state whether it intends to approve any
compensatory measures ?

Joint answer to Written Questions E-3301 / 95, E-3302 / 95,

E-3304 / 95 and E-3306 / 95 to E-3310 / 95

given by Mr Fischler
on behalf of the Commission

( 19 January 1996 )

During its negotiations with Morocco on the arrangements
for imports of fruit and vegetables, the Commission kept a

very close eye on the situation regarding the Community
market in the various products and sought a balanced
agreement with Morocco, to, take full account of
Community producers ' interests .

For products covered by the entry price arrangements such
as tomatoes, courgettes, cucumbers, artichokes, oranges
and Clementines, the Euro-Mediterranean Agreement with
Morocco is aimed simply at enabling that country to
maintain its traditional flows . The concessions are kept
within very strict quantitative limits and in any event
maintain a satisfactory level of protection for Community
production, particularly as regards one of the most sensitive
products, namely tomatoes, by fixing an entry price for a
period of the year, from 20 December to 31 March, during
which, in the absence of reference price arrangements,
Community production did not previously enjoy any
protection .

These concessions are kept within the bounds of tariff
quotas, which will be closely supervised so as to ensure
proper application of the Agreement .

The concession on customs duties for other products,
namely cabbages and peppers, involves only very small
quantities . It is combined with the setting of reference
quantities and, under Article 1(4 ) of Protocol No 1 to the
Agreement, these products could be made subject to tariff

quotas .

There is therefore no likelihood of these concessions

disrupting the Community market or reducing Community
producers ' income to an extent which would justify

compensatory measures .

WRITTEN QUESTION E-3305 / 95

by Miguel Arias Canete ( PPE )

to the Commission

(9 December 1995 )

( 96 / C 161 / 27 )

Subject : Impact on Community agriculture of the
concessions on flowers granted to Morocco in the
framework of the new Association Agreement

The recent Association Agreement between the EU and the
Kingdom of Morocco includes substantial concessions
to Morocco relating to sensitive products, including
flowers .

5 . 6 . 96 EN Official Journal of the European Communities No C 161 / 15

Can the Commission provide an assessment of the future Answer given by Mr Ore j a
impact of these concessions on producers in the on behalf of the Commission
Community, and state whether it intends to approve any (6 February 1996 )
compensatory measures ?

Answer given by Mr Fischler
on behalf of the Commission

( 22 January 1996 )

In 1994 the Community imported 102 431 tonnes of
flowers, including 2 109 tonnes from Morocco, i.e .
2,06% .

Under the new Association Agreement, a zero-duty quota of
3 600 tonnes has been granted for 1995 / 96 . In the case
of roses and carnations, Morocco's main exports, the
concession is conditional upon observance of a minimum
price on import into the Community, corresponding to

85 % of the Community producer price . This was already so
under the previous Agreement . Generally speaking, the price
of Moroccan flowers is far higher than Community prices,
so that disturbances on Community markets are avoided .

The above arguments show that the impact of the
concessions on Community producers will be very slight .

In order to help Community producers, the Commission has
undertaken to propose measures to support promotional
campaigns for live plants .

WRITTEN QUESTION E-3441 / 95

by José Escudero ( PPE )

to the Commission

( 18 December 1995 )

( 96 / C 161 / 28 )

Subject : Assisting young artists

Given the need to encourage trans-national artistic
creativity in Europe, and the benefits which would accrue in
terms of encouraging tolerance amongst young people in
Europe, are there any Commission programmes planned
or already under way which seek to encourage the
development of activities involving collaboration between
young artists in Europe ?

Is it thinking of applying the same criteria for eligibility to
the activities of established artists backed by recognized
galleries or public institutions as to the young artists '
initiatives within the Kaleidoscope programme, for
example ?

As part of its cultural policy and following the inclusion in
the EC Treaty of a new Article 128 dealing with culture, the
Commission has presented three proposals for Decisions,
still being discussed by the Council, for programmes to
encourage contemporary creative works ( Kaleidoscope ), to
promote books and reading ( Ariane ), and to safeguard the
cultural heritage ( Raphael ).

Assistance for young artists will form part of the
Kaleidoscope programme . The eligibility criteria will be the
same for all those active in the cultural field, young artists
included .

These three programmes, which will be of limited duration,
must be seen as the first stage in the Community's strategy to
promote culture . It is the Commission's intention to do all it
can to step up support in this field .

WRITTEN QUESTION E-3444 / 95

by José Apolinârio ( PSE )

to the Commission

( 18 December 1995 )

( 96 / C 161 / 29 )

Subject : 1995 Cohesion Fund, Portugal

Would the Commission please provide me with details of
funds transferred to Portugal in 1995 under the Cohesion
Financial Instrument ( if any such transfers have been made )
and the Cohesion Fund, specifying the project concerned,
the date on which the application was received and the date
of the relevant decision ?

Answer given by Mrs Wulf Mathies

on behalf of the Commission

( 22 January 1996 )

All the 1 995 budget resources available to Portugal under
the Cohesion Fund have been committed, a sum of ECU 387
million .

In the transport sector, the 1995 instalments for projects
adopted in 1994 and three newly adopted projects account
for ECU 240 million .

In the environment sector, 22 projects totalling ECU 147
million have been adopted .

Details of the projects concerned are on their way to the
Honourable Member and the General Secretariat .

No C 161 / 16 EN Official Journal of the European Communities 5 . 6 . 96

WRITTEN QUESTION E-3460 / 95

by Isidoro Sanchez Garcia ( ARE )

to the Commission

( 18 December 1995 )

( 96 / C 161 / 30 )

Subject : Impact of the Euro-Maghreb Association
Agreement on the tomato sector

The Spanish Government is justifying the usefulness of the
Euro-Maghreb Association Agreement in terms of the
developments forecast for Spanish exports to the EU, which
may continue to grow, while the growth of Moroccan
exports will be braked by the quotas which have been
established . Does any serious study forecasting patterns of
exports to the EU and future demand for fresh tomatoes in
this market actually exist ?

Furthermore, the important thing about the Moroccan
quota is not only its size but the fact that it is spread over the
whole of the harvesting period ( October to April ). In this
connection, account should be taken of the fact that the
seasonal distribution of production in the Canaries and the
Iberian Peninsula is different from that in other producer
countries . Where these differences taken into account when

drawing up measures reforming the COM in fruit and
vegetables which will not, in practice, involve discriminating
against the south in favour of the north ?

Moreover, quantity is not the only factor determining the
viability of the crop for producers in the Canaries and the
Peninsula . The steady growth of commercial production
within the EU has gone hand-in-hand with by a general drop
in prices . Has this development been quantified ?

If rigorously accurate answers to these questions are to be
forthcoming, we need to know the week-by-week patterns
of prices and exports and production sales for each of the
major producers, both within the Community ( Iberian
Peninsula, Canaries, Holland, Belgium, etc .) and without it

( Marocco ) on the major European markets ( UK, Holland,
Germany, France, Belgium, the Scandinavian countries,
etc .) over the last 10 to 15 seasons . Can this information be
obtained ?

Answer given by Mr Fischler
on behalf of the Commission

( 17 January 1996 )

In the negotiations on arrangements for fruit and vegetable
imports, the Commission bore the state of the Community
markets for the various products in mind and sought a
balanced agreement with Morocco broadly taking the
interest of Community producers into account .

On tomatoes, the Euro-Mediterranean agreement
concluded with Morocco aims to ensure that Morocco can

maintain its traditional trade flows . The concessions

granted involve very strict quantitative limits and maintain a
satisfactory level of protection for Community production,
notably by tying an entry price to a period of the year, from
20 December to 31 March, during which Community
production did not previously benefit from protection as the
reference prices were not applied .

The concession on entry prices is granted only as part of
tariff quotas which will be subject to strict monthly
monitoring in order to ensure proper application of the

agreement .

All these concessions are therefore not liable to disrupt the
Community market or lead to a fall in Community
producers ' incomes which would warrant compensatory

measures .

WRITTEN QUESTION E-3461 / 95

by Ben Fayot ( PSE )

to the Commission

( 18 December 1995 )

( 96 / C 161 / 31 )

Subject : Amending the EEC Regulations in the Member

States

Regulations ( EEC ) No 3820 / 85 (') and ( EEC )
No 3821 / 85 ( 2 ) lay down certain rules with regard to driving
time and rest time for road transport .

It appears that Germany's ' Fahrpersonalverordnung ' lays
down stricter rules for drivers of vehicles registered on its
territory, with regard to Articles 5 to 8 of the
Regulation .

Pursuant to Article 4, the EEC Regulation does not apply to
certain types of transport, including those being used for
goods transport whose weight does not exceed 3,5 tonnes .
The Federal Republic has adopted national regulations
applicable to these areas, which are not covered by the
Regulation in question .

Since these rules also apply to non-German drivers, they
cause problems for intra-Community trade which leave
ordinary citizens in some doubt as to the reality of the
internal market .

For example, I am aware of the case of one Luxembourgish
driver, not employed professionally in that capacity, who
when driving a Luxembourg-registered van not normally
used for commercial transport and therefore regarded in
Luxembourg as being a private vehicle for transporting
persons ( PKW in German ), was charged when crossing
the German border on his way from Bourglinster

5 . 6 . 96 I EN j Official Journal of the European Communities No C 161 / 17

( Luxembourg ) to Faulquemont ( France ) because he did not
have the log book stipulated by German legislation .

Can the Commission tell me whether a Member State may,
by virtue of its own legal provisions, effect far-reaching
changes to an EEC Regulation and thereby create insecurity
amongst private citizens travelling within Europe ?

H OJ No L 370, 31 . 12 . 1985, p . 1 .

— general expenditure allowance,

— end-of-service allowance,

— other allowances and / or sums made available for various

purposes,

— pension allowance ?

( 2 ) OJ No L 370, 31 . 12 . 1985, p . 8 . What services are also made available to Commissioners
and Judges free of charge ( for example, chauffeur-driven
cars, housing, etc .)?

Answer given by Mr Kinnock

on behalf of the Commission

(9 February 1996 ) Answer on behalf given of the by Commission Mr Liikanen

(9 February 1996 )

Article 4 of Regulation ( EEC ) No 3820 / 85 excludes certain
types of transport from the Regulation's scope . That does
not mean, however, that these types of transport are exempt The emoluments of the President
from all legal rules . Member States may legislate in this area Commission, the President, Judges,
provided their national law complies with the principles of Registrar of the Court of Justice and the
the EC Treaty, including the freedom to provide services . In and Registrar of the Court of First
accordance with the case law of the Court of Justice, to be on the following basis :
deemed compatible with the Treaty a national law must be
proportionate to the objective in hand . Accordingly, the — the basic salary is equivalent to
national German provisions extending the application of official in Grade Al, step 6 plus a
Regulations ( EEC ) No 3820 / 85 and ( EEC ) No 3821 / 85 to proportion to status —
the drivers of vehicles referred to in Article 4 of Regulation Vice-President, Member, Judge,

The emoluments of the President and Members of the

Commission, the President, Judges, Advocates-General and
Registrar of the Court of Justice and the President, Members
and Registrar of the Court of First Instance are determined
on the following basis :

— the basic salary is equivalent to the basic salary of an

( EEC ) No 3820 / 85 may be applied to drivers coming from
other Member States in the context of international
transport, provided they comply with the principle of
proportionality .

WRITTEN QUESTION E-3462 / 95

by Luigi Florio ( UPE )

to the Commission

( 18 December 1995 )

( 96 / C 161 / 32

Subject : Expenses and allowances paid to the Members of

the European Commission, and the Judges of the
Court of Justice and the Court of First Instance

What expenses and allowances are paid to the Members of
the European Commission, and the Judges of the European
Court of Justice and the Court of First Instance, with
particular reference to the following items :

— fixed monthly allowance,

— travel allowance,

— secretarial allowance,

official in Grade Al, step 6 plus a percentage varying in
proportion to status — Commission President or
Vice-President, Member, Judge, Advocate-General,
Registrar ;

— family allowances ( household allowance, dependent
child allowance and education allowance ) are the same
as for officials ;

— other allowances :

( a ) residence allowance is similar to the expatriation
allowance payable to officials, though the rate is

15 % instead of 16 % ;

( b ) the representation allowance is paid monthly at a

flat rate ;

— there is no provision for a secretarial allowance ;

— salaries are subject to Community income tax in the

same way as officials ' salaries ; the rate applied to the
highest portion of taxable income is 45 % .

Upon leaving office, Members of the Commission and the
two Courts receive a transitional allowance calculated as a

percentage of basic salary based on the number of years '
service . The transitional allowance is subject to Community
income tax . Pension entitlement is 4,5 % of basic salary per
year of service .

Commission Members and Judges are entitled to a
chauffeur-driven car .

No C 161 / 18 EN Official Journal of the European Communities 5 . 6 . 96

WRITTEN QUESTION E-3490 / 95

WRITTEN QUESTION E-3495 / 95

by Markus Ferber ( PPE )

Markus Ferber ( PPE ) by Luis Campoy Zueco ( PPE )

to the Commission to the Commission

to the Commission

(3 January 1996 ) (3 January 1996 )

96 / C 161 / 33 ( 96 / C 161 / 34 )

Subject : Infrastructure charges in the transport of goods by

road

In its judgment of 5 July 1995 the European Court of Justice
declared Directive 93 / 89 / EEC ( 1 ) on infrastructure charges
invalid . Although the provisions of this Directive will
continue to apply until new EU legislation is passed, this
situation cannot persist indefinitely in view of the urgent
need for fair charges for infrastructure use . The review of
Directive 93 / 89 / EEC should be seen as an opportunity for
increasing the current maximum road user charge for a
given period from ECU 1 250, which is too low . In this
context I would appreciate the Commission's answers to the
following questions :

1 . Will the Commission comply with the requirement in
Directive 93 / 89 / EEC that the maximum road user

charge be reviewed on 1 January 1997 ?

2 . If so, is the Commission aware that it must submit a
proposal very soon if the cooperation procedure
pursuant to Articles 75 and 189c of the EC Treaty is to
be completed by the end of 199 6 ?

3 . Is the Commission currently working on a new version
of Directive 93 / 89 / EEC, and when will its new proposal
be submitted ?

4 . What does the Commission think of a substantial

increase in the maximum road user charge for a given
period ? Will the proposed replacement for Directive
93 / 89 / EEC provide for such an increase ? If so, by how
much ?

f 1 ) OJ No L 279, 12 . 11 . 1993, p . 32 .

Answer given by Mr Kinnock

on behalf of the Commission

(8 February 1996 )

1, and 2 . Yes .

3 . The Commission plans to put forward a new proposal
in the first quarter of 1996 .

4 . Various measures are planned in the new proposal,
including a user charge increase . The Commission cannot
yet specify the size of that increase .

Subject : Structural Funds in Navarre

Can the Commission provide information on the Structural
Funds allocated to the community of Navarre during the
period 1990 — 1994, and what is the Commission's
evaluation of the application of these funds through
programmes in the above region ?

What funds have been earmarked for the forthcoming
period 1 994 — 1 999 ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 28 February 1996 )

Use of the Structural Funds in Navarre for 1989 to 1993 and

for 1994 to 1999 is as shown below :

1 . Member States ' Objective 2 initiatives ;

2 . Member States ' Objective 5b initiatives ;

3 . Member States ' Objective 3, 4 and 5a initiatives ;

4 . Community programmes and initiatives .

Structural Fund allocations are used for activities

undertaken by the authorities ( under the responsibility of
central government, the autonomous communities or local
government ) or for activities which have a direct impact on
the private sector . Activities can take the form of operational
programmes ( OPs ), which group projects together by
subject, or of targeted individual projects or arrangements
for assistance for small and medium-sized enterprises .

Beyond these four categories, Structural Fund allocations
are used for innovation, in compliance with the regulations
governing each individual fund .

1989—1993

1 . For Objective 2, the European Regional Development
Fund ( ERDF ) co-financed two individual projects in

1989 ( ECU 2,243 million ), one OP in 1990 / 91 ( ECU
18,307 million ) and one OP in 1992 / 93 ( ECU
20,02 million ).

There is no formal region-by-region breakdown of the
European Social Fund's ( ESF's ) multi-regional activities,
but it contributed to a number of projects in 1989 ( with
Navarre taking approximately ECU 0,9 million ), and to
one OP and one individual programme in 1990 / 91 ( ECU

5 . 6 . 96 EN Official Journal of the European Communities No C 161 / 19

4,505 million ). In addition, the ESF co-financed one OP
in 1992 / 93 ( ECU 6,301 million ).

2 . For Objective 5b, the Structural Funds contributed to
activities to develop rural areas through a 1990 / 93
multi-fund programme with ECU 22,722 million of
Community assistance divided between the guidance
section of the EAGGF ( ECU 17,496 million ), the
ERDF ( ECU 4,09 million ) and the ESF ( ECU
1,136 million ).

3 . Multi-regional OPs involving Navarre also received
contributions from the EAGGF ( Objective 5a ) and the
ESF ( Objectives 3 and 4 ), although there is no formal
region-by-region breakdown of them .

4 . Navarre has also received funds through the following

Community initiatives : Interreg ( Spain / France ;
an estimated Community contribution of ECU
3,1 million ), Leader ( ECU 2,45 million ), Stride ( ECU
1,57 million ) and Euroform / Horizon / Now, plus the
Valoren and Star programmes ( ERDF ). Except in the
case of the Leader programme, there is once again no
formal region-by-region breakdown for Spain .

1994—1999

1 . For Objective 2, the 1994 — 1996 OP received ECU

17,7 million from the ERDF and ECU 5,125 million
from the ESF . The programme focuses on boosting
employment and competitiveness in industry,
environmental protection, backing research, technology
and innovation, developing transport where connected
with economic activity, rural and urban development
and technical assistance . In addition, Navarre received
a Community contribution of an estimated ECU
0,2 million under the ESF multi-regional OP for

1994—1996 .

If any part of Navarre is eligible for Objective 2 activities
in 1997 — 1999, the ERDF and ESF will again be
involved .

2 . For Objective 5b, the single programming document for

1994 — 1999 provides for Community aid of ECU
56,6 million : ECU 37,81 million from the EAGGF, ECU

12,09 million from the ERDF and ECU 6,7 million from
the ESF . Activities focus on improvements to basic
infrastructure required for economic development,
diversification of the economy, job-creation, natural
resources and the environment, improvement of
surroundings in rural areas and human resources .

3 . As occurred in 1989 — 1993, Navarre received
contributions from the EAGGF ( Objective 5a ) and the
ESF ( Objectives 3 and 4 ) within the framework of
Spanish multi-regional programmes .

4 . Community initiatives Interreg ( Spain / France ), SME,
Resider, Leader, Adapt and Employment apply to
Navarre . At 31 January 1996, the first three were still
unapproved .

Evaluation

The Community's assessment of the operation of the
Structural Funds in Navarre between 1989 and 1993 is good
overall . The measures co-financed by the Structural Funds
under the various programmes are in line with the priorities
agreed as part of the partnership between the Commission
and the Member States ' authorities, and Community
allocations have been almost fully used up .

With regard to the new programming period, prior
appraisal of the activities approved has shown that the
proposed measures will be effective in tackling the structural
problems of the areas in question and achieving the expected
social and economic advantages within the bounds of the
resources made available . Monitoring of these activities has
been stepped up in comparison to the last period : there are
now permanent indicators to judge their implementation
and social and economic impact .

WRITTEN QUESTION E-3499 / 95

by Nel van Dijk ( V )

to the Commission

(3 January 1996 )

( 96 / C 161 / 35 )

Subject : Infrastructure investment on La Gomera

La Gomera is an island of great ecological value ; ist natural
park has been adopted by Unesco as a world heritage site . In
view of its ecological fragility, it is important that tourism is
not allowed to develop uncontrollably . Infrastructure
investment and Commission financial support were
intended to take account of this objective .

In view of the foregoing, the Commission made funding
available from the ERDF to build a landing strip which was
to be no longer than 800 metres . In fact, a 1 600-m landing
strip was built .

The European Court of Auditors stated in its annual report
that there would have to be a considerable increase in

tourism if there was to be a return on this investment . The

Commission replied that the 1 600-m landing strip had
possibly been chosen on safety grounds and that this

No C 161 / 20 EN Official Journal of the European Communities 5 . 6 . 96

would not necessarily entail an uncontrollable increase in
tourism .

WRITTEN QUESTION E-3501 / 95

by Per Stenmarck ( PPE )

to the Commission

Before the landing strip was built, was the Commission (3 January 1996 )
informed of the drastic increase in its length, and did the ( 96 / C 161 / 36
Commission agree ? If so, is it true that safety considerations
were the reason for the change ?

Subject : De-regulation of the postal services market

Does the Commission think that the longer landing strip is
likely to mean an increase in tourism ? If so, does the
Commission think that the ERDF money, which ultimately
resulted in a development contrary to the original intention,
should be repaid ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 27 February 1996 )

The Commission became aware in the course of monitoring
the integrated operational programme ( IOP ) for la Gomera
that the length of the airport landing strip it had agreed to
co-finance had been changed .

At the meeting of the IOP Monitoring Committee for La
Gomera held in Madrid on 29 April 1992, the Commission
asked the authorities responsible for implementing the
programme to explain why the length of the landing strip
was to be increased from 800 to 1 600 metres .

In view of the grounds cited by the Spanish Government for
the change in the length of the landing strip, which included
safety considerations, the Commission saw no reason to
oppose its construction . The Community contribution did
not, however, increase .

Broadly speaking, the Commission does not feel that the
mere modification of the length of the landing strip will lead
to an intensification of tourist activity on the island which
would be incompatible with the IOP objective of developing
tourism on the basis of a selective strategy including inter
alia controls on the number of visitors .

In this context, the Commission reminded the Spanish
authorities of the obligation to avoid any action which
might disturb or jeopardize the areas of the Natura 2000
network ( special protection areas established under
Directive 79 / 409 / EEC or future special areas of
conservation set up in accordance with Directive
92 / 43 / EEC ).

Since 1991, a company has been operating on Sweden's
postal services market in competition with Swedish Post
Office, which itself became a limited company in 1993 .
When the private company began operating, however, a
number of difficulties arose concerning the interpretation of
the supposed exclusive right to transport mail . The State
postal undertaking, Posten AB, subsequently bought a
majority shareholding in its competitor in order to bring it
under its control . Competition has obviously suffered as a
result, and customers once again have no choice in practice
but to use one operator .

The Commission Green Paper on the development of the
single market for postal services (*) does not address the
liberalization of the postal services market in the EU in
greater detail . There appears to be a reluctance to tackle this
issue in the same way as, for example, the deregulation of the
telecommunications market was approached . The drive and
determination displayed in the case of telecommunications
ought to be evident in the case of postal services, too .

Does the Commission intend to submit proposals for a
Green Paper on the liberalization of postal services in the
EU ? If so, when is de-regulation expected to begin ?

(M COM(91 ) 476 .

Answer given by Mr Bangemann

on behalf of the Commission

( 30 January 1996 )

On 22 November 1995 the Commission forwarded to the
Council and Parliament proposals for a regulatory
framework for postal services at Community level . The
proposed measures consists of a Directive on the basis of
Article 100A of the EC Treaty establishing common rules
for the development of Community postal services and a
notice on the application of the competition rules to the
postal sector ( 1 ).

The draft Directive provides for a mandatory level of
universal service at affordable prices to be provided
throughout the Community to all citizens, wherever they
are, and for a high quality of service .

Member States should designate one or more postal
operators to be responsible for providing universal service
and should notify the Commission of the operators selected .
According to the principle of subsidiarity, the number of

5 . 6 . 96 tN Official Journal of the European Communities No C 161 / 21

postal operators is not determined at Community level but
in each Member States .

In order to ensure the financial viability of the universal
service, the draft Directive defines harmonized criteria for
the services which may be reserved . The Commission has
deliberately chosen a very cautious step-by-step approach
for reducing the monopoly area . The first step of opening
the market will be a weight threshold of 350 grammes and a
price threshold of five times the basic tariff . Outgoing
cross-border mail will also be liberalized .

Further steps in liberalization are envisaged after
31 December 2000 according to the draft Directive . The
precise timetable will give a clear signal to the postal
operators whilst at the same time leaving them sufficient
time to adapt to the new situation .

supporting under Regulation ( EC ) No 2236 / 95H studies
relating to projects in the Trans-European network .

For most of the projects on the list of priority
trans-European network projects, Member States are
required ( Council Directive 85 / 337 / EEC ) to ensure that an
environmental impact assessment ( EIA ) is carried out before
a development consent is given . There is no doubt that after
the transposition of the abovementioned Directive in Italy,
projects like the Nice-Cuneo motorway link require an EIA .
Moreover, in the process of applying for Community
financing ( trans-European network budget line, Structural
Funds, Cohesion Fund, etc .), the Commission verifies
compliance with Directive 85 / 337 / EEC and other relevant
Community policies in relation to environmental
protection .

( ] ) COM(95 ) 227, SEC(95 ) 830 — OJ No C 322, 2 . 12 . 1995 . (') OJ No L 228, 23 . 9 . 1995 .

WRITTEN QUESTION E-35 17 / 95

by Carlo Ripa di Meana ( V )

to the Commission

WRITTEN QUESTION P-3531 / 95

(3 January 1996 ) by José Apolinârio ( PSE )

96 / C 161 / 37 to the Commission

Subject : Environmental assessment in implementing the

priority trans-European network projects

The list of priority trans-European network projects
includes the Nice-Cuneo motorway link . Implementation of
this project will have a major environmental and social
impact . Unfortunately, Italy has still not transposed in full
Directive 85 / 337 / EEC (*) which provides for environmental
impact assessments for projects with significant effects on
the environment .

Does the Commission intend to support the studies for an
outline plan of the passes and tunnels in the Alps,
particularly in the western Franco-Italian sector ?

Can the Commission ensure compliance with Directive
85 / 337 / EEC with respect to the implementation of all the
projects included on the list of trans-European networks ?

( 12 December 1995 )

( 96 / C 161 / 38 )

Subject : Plain bonito quota scale in NAFO zone

To what extent will the Commission take account of the
Portuguese fleet's traditional rights in the NAFO zone when
it adopts the plain bonito TAC scale for 1996, considering
that NAFO's own statistic confirm these traditional

rights ?

WRITTEN QUESTION P-3582 / 95

by Honorio Novo ( GUE / NGL )

to the Commission

(') OJ No L 175, 5 . 7 . 1985, p . 40 . (4 January 1996 )

( 96 / C 161 / 39 )

Answer given by Mrs Bjerregaard

on behalf of the Commission

(5 March 1996 )

The Commission is not aware of the plan to which the
Honourable Member refers . The Commission will consider

Subject : Allocation of plain bonito fishing quotas for

1 996

The plain bonito TAC scale contained in the EC-Canada
Fisheries Agreement decided on by the Council on 19 April

No C 161 / 22 EN Official Journal of the European Communities 5 . 6 . 96

1995 was drawn up on the basis of catches over the
1982-1992 reference period .

If this is indeed the basis for the TAC scale, can the
Commission tell me what catch-reference basis was used for
the allocation of quotas amongst the Member States for

1996, as presented by the Commissioner last week ? On
what reasons and rules did she base herself when she was

drawing up this proposal ?

Joint answer to Written Questions

P-3531 / 95 and P-3582 / 95

given by Mrs Bonino
on behalf of the Commission

( 18 January 1996 )

The Commission's proposal on the distribution of the
Community's share of the TAC for Greenland halibut in the
NAFO regulatory area does indeed take account of Member
States ' traditional catches . More particularly, the proposed
share-out aims to reflect not only the development in the
1990s of specialized fisheries but also the fact that species in
question had already been fished for many years along with
cod, redfish and other species .

WRITTEN QUESTION E-3604 / 95

by Honorio Novo ( GUE / NGL )

to the Commission

( 12 January 1996 )

( 96 / C 161 / 41 )

Subject : Negotiations on the agreement between the EU

and South Africa

According to all available information, negotiations are
takin place on a future agreement between the European
Union and South Africa .

Fisheries will be central to the agreement .

The fishing grounds to be assigned to Portugal are a matter
of vital importance . Alternative opportunities will need to
be opened up so as to offset the drastic cut-backs which
Portugal has been obliged to make in recent years, especially
in the North Atlantic area .

Can the Commission therefore give details of the progress
achieved in the negotiations ? Specifically as far as fisheries
are concerned, can it say whether there is any intention at
this stage to set catch quotas ?

Joint answer to Written Questions

E-3545 / 95 and E-3604 / 95

given by Mrs Bonino
on behalf of the Commission

(5 February 1996 )
WRITTEN QUESTION E-3545 / 95

by José Apolinârio ( PSE )

to the Commission

(3 January 1996 )

( 96 / C 161 / 40 )

Subject : South African fisheries

The Portuguese fishing fleet working off south-west Africa

( South Africa and Namibia ) as a result of the upsurge in
frozen fish consumption in Portugal benefits from the
excellent relations between Portugal and South Africa, as a
result of which, Portugal was the first Community country
to secure a bilateral fisheries agreement with South Africa on
9 April 1979, and the Portuguese fleet is able to meet the
needs of the domestic market relatively completely ( about

82% ).

Can the Commission tell me to what extent it will take the

aforegoing facts into account when deciding the fishing
opportunities for the Community fleet in South America ?

Negotiation of a fisheries agreement with South Africa has
been possible since 18 September, when the Council
adopted a Decision authorizing the Commission to conduct
talks .

The negotiating directives are broad enough to enable the
Community to secure the best deal for future fisheries
relations if and when South Africa wants to conclude an

agreement .

As real negotiations have not so far begun, the Commission
cannot prejudge the outcome . Pending any such agreement,
the Commission has set in motion the procedures enabling
the two bilateral agreements which Spain and Portugal have
with South Africa to be renewed until 7 March .

In its negotiations, the Commission will take account of all
relevant aspects, including those mentioned by the
Honourable Member .

5 . 6 . 96 EN Official Journal of the European Communities No C 161 / 23

WRITTEN QUESTION E-3557 / 95

by Christine Oddy ( PSE )

to the Commission

(5 January 1996 )

( 96 / C 161 / 42 )

Subject : Monitoring of téléphoné calls

Would the Commission ensure that the Data Protection

Directive covers the use of listening devices to monitor
European and domestic telephone calls ?

Subsequently, the Government has kept the Commission
informed of the progress of the bill by forwarding to it all the
amendments to the bill and a consolidated text which

enables the amendments in question to be seen in

context .

To date, the Luxembourg Government has received no
substantive reply concerning the compatibility of the
Luxembourg bill with Directive 85 / 339 / EEC and in
particular with Directive 94 / 62 / EC .

Can the Commission explain the reasons for this delay and
say how long it usually takes to consider the national
legislative acts notified to it ?

Answer given by Mr Monti H OJ No L 176, 6 . 7 . 1985, p . 18 .
on behalf of the Commission ( 2 ) OJ No L 365, 31 . 12 . 1994, p . 10 .

(6 February 1996 )

The Commission takes the view that the monitoring of
telephone calls ranks as processing of personal data covered
by Directive 95 / 46 / EC of the European Parliament and of
the Council of 24 October 1995 on the protection of
individuals with regard to the processing of personal data
and on the free movement of such data (' ) except where it is
carried out in the course of activities which themselves fall

outside the scope of Community law such as defence or State
security . The Commission would draw the Honourable
Member's attention to Article 3 of the Directive, which
spells out its scope .

The Commission would also point out that the Directive is
based on the principles of fairness and transparency
regarding data subjects . Member States may make provision
for exceptions and restrictions in the manner prescribed in
Article 13 of the Directive .

( ] ) OJ No L 281, 23 . 11 . 1995 .

WRITTEN QUESTION E-3560 / 95

by Ben Fayot ( PSE )

to the Commission

(5 January 1996 )

( 96 / C 161 / 43 )

Subject : Consideration of national legislative acts

On 4 and 13 April 1995, the Luxembourg Government
forwarded to the Commission's Directorate-General for the
Environment a bill on containers of liquids for human
consumption aimed principally at implementing, on the one
hand, Council Directive 85 / 339 / EEC (') on containers of
liquids of human consumption and, on the other hand, in
part European Parliament and Council Directive
94 / 62 / EC ( 2 ) on packaging and packaging waste .

Answer given by Mrs Bjerregaard

on behalf of the Commission

(5 February 1996 )

The Commission did indeed receive several versions of the

bill on containers of liquids for human consumption from
the Luxembourg authorities as it was amended by individual
national departments .

The bill had to be notified to the Commission pursuant not
only to Directive 94 / 62 / EC on packaging and packaging
waste but also to Directive 83 / 189 / EEC f 1 ), as last amended
by Directive 94 / 10 / EC ( 2 ), laying down a procedure for the
provision of information in the field of technical standards
and regulations . It does in fact contain technical rules within
the meaning of Dreictive 83 / 189 / EEC .

The latest version is entitled ' bill on containers of liquids for
human consumption and packaging waste ' and was
forwarded the Commission pursuant to Directive 94 / 62 / EC
and later, on 22 December 1995, notified pursuant to
Directive 83 / 189 / EEC .

As from that date, the procedure laid down in Directive
83 / 189 / EEC, to which reference is also made in Directive
94 / 62 / EEC, applies in its entirety, which means that the
Commission and the other Member States have a period of
three months to examine the notified text and, if necessary,
to make comments or to deliver a detailed opinion in
accordance with Directive 83 / 189 / EEC should there be

doubts as to its compatibility with Community law . This
Directive does not, however, require the Commission to
forward a decision to a Member State which has notified a

draft to let it know that it has no objections to that
draft .

A Member State notifying a draft to the Commission must
postpone its adoption until the abovementioned period of
three months has elapsed . The bill was notified on

No C 161 / 24 EN Official Journal of the European Communities 5 . 6 . 96

22 December 1 995, so the three-month period expires on
22 March 1 996 .

0 ) OJ No L 109, 26 . 4 . 1983 .

( 2 ) OJ No L 100, 19 . 4 . 1994 .

WRITTEN QUESTION P-3562 / 95

by Jôrn Svensson ( GUE / NGL )

to the Commission

( 19 December 1995 )

( 96 / C 161 / 44 )

Subject : Vehicle exhaust emissions

Sweden applies more stringent rules than the Union to
exhaust emission control . A dispute has arisen as to whether
Sweden is entitled to require such standards of imported
vehicles . This gives rise to two questions .

How are the serious problems associated with
environmentally hazardous emissions to be combated in
time unless individual Member States are allowed to make

progress ?

How is the best possible technology to become generally
accepted if the Union insists, in the interest of the free
market, on the right to sell products using less advanced
technology everywhere ?

to the type approval of motor vehicles and their
trailers ( 1 ).

The Commission would also note that harmonization of the

technical rules in this area has hitherto been based on the

progress made in advanced technologies that are
comparable to the Federal standards applying in the United
States, having noted that the state of the art is based on
consultation of industrial circles and other specialist
experts . In internal-market terms, the aim of that
harmonization, which forms part of Community vehicle
approval is to require ( a ) compliance with stringent emission
levels in order to help meet an environmental target for
improved air quality and ( b ) to facilitate the free movement
of vehicles within the Community .

Thus, as a result of its ambitious, binding nature, the body of
Community Regulations in this area requires compliance
with stringent emission levels while also promoting the prior
dissemination of more advanced technologies by means of
tax incentives that are in line with the conditions laid down

in the Directives concerned .

New proposals based on the outcome of the Auto-Oil
programme are in preparation . These are based on a
cost-effectiveness analysis of a set of technical and
non-technical measures enabling air quality standards to be
reached . These new proposals are mainly intended to make
the emission limit values more stringent and to improve fuel
quality . Moreover, the Commission has, in this context,
committed itself to re-examining the conditions under
which tax incentives are granted in order, where
appropriate, to introduce greater flexibility, while not
hampering the proper functioning of the internal market .

(') OJ No L 42, 23 . 2 . 1970 .
Answer given by Mr Bangemann

on behalf of the Commission

( 29 January 1996 )

The Commission would like first of all to stress that Sweden,
which previously applied differing design rules to vehicles in
respect of pollutant emissions that were based on American

( Californian ) standards and whose effect was equivalent
to that of Community Regulations, has now transposed
the Community Directives concerning pollutant emissions
by vehicles, thus enabling these to be implemented on
Swedish territory . However, it would appear that Swedish
regulations are continuing to apply in parallel to the
Community Directives . Moreover, other difficulties
deriving from the further administrative procedures
required by the Swedish authorities for the registration of
vehicles continue to exist . Finally, Sweden is also offering
tax incentives for the introduction of cleaner vehicles that

meet the Californian standards . Several infringement
procedures concerning these various points are under
examination and a reference for a preliminary ruling has
been lodged with the Court of Justice with regard to the
compatibility of compulsory Swedish emission certificates
with Council Directive 70 / 156 / EEC of 6 February 1970 on
the approximation of the laws of the Member States relating

WRITTEN QUESTION E-3569 / 95

by Martin Schulz ( PSE )

to the Commission

(5 January 1996 )

( 96 / C 161 / 45 )

Subject : Information packages on Article 10 of the ERDF

programme

Is the Commission aware that the information packages on
Article 10 of the ERDF programme are not available at the
offices it has listed ? They are in fact available from an
organization in Paris which ran an event entitled
' Directorial concerning measures funded under that Article
in Brussels on 4-6 December 1995, in English and French
only .

5 . 6 . 96 HN Official Journal of the European Communities No C 161 / 25

Is the Commission aware that a fee of around ECU 1 000

was charged to local and regional authority representatives
for participation in ' Directorial and that this event, which
should be regarded as a ' cooperation fair ', was of no interest
to local and regional authorities, which already have
cooperation networks ?

How does the Commission propose to ensure free access to
information on the measures funded by Article 10 of the
ERDF for those who were unable to participate in
' Directorial

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 23 February 1996 )

from 10 October, those being the languages of drafting, and
in German, Italian and Spanish from 17 October .

Dispatch of these documents was actually managed, at the
Commission's request, by Adhésion et Associés, which
organized Dirctoria, because the Commission has no logistic
machinery for answering all those who have requested
infopacks and sending them by express mail . And, so far, in
the five languages mentioned, some 6 500 infopacks have
been sent free of charge to 4 000 local authorities and other
bodies . Infopacks in the other Community languages,
translations into which were completed later, are sent out by
the Commission itself on request .

Directoria was organized, for the fourth time, on the basis of
a proposal put forward by Adhésion et Associés under
Article 10 and its co-financing rules to provide local
authorities which so desire, particularly those not in the
habit of joining cooperation networks, with additional
services to enable them to identify or clarify their projects
and to find partners .

The Commission has taken a number of steps to provide and to find
local authorities with the fullest possible information for
them to respond to calls for proposals on innovatory action

Directoria

and urban pilot projects in accordance with Article 10 of the

tools, namely :

Regulation on the European Regional Developmend Fund
other ( Regulation things ( the EEC Commission ) No 4254 / has 88, as : amended ) ( 1 ). Among — case studies ;

Directoria provided interested parties with a number of
tools, namely :

—
— published a guide to Article 10 ; workshops ;

— kept Parliament, the Economic and Social Committee

and the Committee of the Regions informed and held
discussions with them ;

— organized a conference for Brussels-based
representations of regions ;

— published calls for proposals in the Official Journal of

the European Communities ;

— provided regular information to a very broad public

through its Info-Regio publications ;

— supplied highly detailed information packs on

request ;

— disseminated the same information via the Internet

( Webb Europa );

— promoted action through networks : ARE / CCRE /
Cridel / EBN, etc .

All the information produced by these means was supplied
free of charge — most of it in almost all Community
languages .

Calls for proposals, in particular, are published in the
Official Journal of the European Communities in all official
languages of the Community . Infopacks were also sent, by
express mail, to all requesting them, in English and French

— a very substantial directory of potential partners ;

— pre-arranged meetings between local-authority
representatives and Commission officials .

Apart from the fact that Directoria is based on Article 10
and therefore complies with that Article's co-financing
rules, the Commission took the view that asking
participating authorities to make a financial contribution
would lead to real mobilization and would require
pro-active behaviour from participants, combined with an
obligation to give an account of the results of
attendance .

Directoria Four was attended by 1 147 persons representing
516 local authorities . Only four of the 15 Member States
had fewer than 25 delegations ( Germany, Belgium, Austria
and Denmark ). Objective 1 areas accounted for 56 % of the
authorities attending . Almost 4 000 pre-arranged meetings
between authorities took place .

The Commission would also point out that on 13 October

1994 it gave a presentation on the nature and method of
Directoria to the Parliament's Committee on Regional
Policy, which unreservedly welcomed the initiative in all

respects .

f 1 ) OJ No L 193, 31 . 7 . 1993 .

No C 161 / 26 EN Official Journal of the European Communities 5 . 6 . 96

WRITTEN QUESTION E-35 73 / 95

by Joan Colom i Naval ( PSE )

to the Commission

WRITTEN QUESTION E-3574 / 95

by Jan Mulder ( ELDR )

to the Commission

(5 January 1996 ) (5 January 1996 )

( 96 / C 161 / 46 ) ( 96 / C 161 / 47 )

Subject : Withdrawal of tomatoes in the Netherlands

In the Court of Auditors ' annual report concerning the
financial year 1994 (') table 2.3 shows the withdrawal
operations carried out by the Commission's DG VI .
According to the table, which contains harvest and
withdrawal statistics for fruit and vegetables in the
marketing years 1990 / 91, 1991 / 92 and 1992 / 93, the
volume of tomatoes withdrawn in the Netherlands as a
percentage of the harvest in the highest in the Community
and is almost three times the Community average . Is there
any good reason for such a persistent and marked deviation
from the Community average ? Has the Commission taken
any steps to tackle this situation ?

(>) OJ No C 303, 14 . 11 . 1995, p . 1 .

Answer given by Mr Fischler
on behalf of the Commission

Subject : Packaging material made of biologically
degradable base materials

In several Member States there is evidence of a trend for

packaging material to carry labels saying that it is made of
biologically degradable base materials, often derived from
agricultural processes .

1 . Does the Commission think these labels in the different

Member States are based on common characteristics

and hence are comparable ?

2 . Is the Commission convinced that these labels do not

mislead consumers and do not distort competition ?

3 . If the Commission feels that the reply to the previous
questions does not satisfy the criteria of a common
market with equal conditions of competition, what
action does it intend to take to remedy this ? Would
one possibility be to establish a European label for
biologically degradable base materials in packaging
material, for example ?

( 14 February 1996 ) Answer given by Mrs Bjerregaard

on behalf of the Commission

In the Commission's opinion, the table to which the
Honourable Member refers, in the Court of Auditors ' report
for the financial year 1994, does not lend itself to precise
conclusions regarding withdrawals of tomatoes . It takes no
account of the fact that in a number of Member States a
substantial proportion of the tomato crop is intended for the
food processing industry and is not, therefore, subject to
withdrawals, whereas in the Netherlands all tomatoes are
grown for the fresh produce market .

If one views the issue from this perspective, one finds that
withdrawals of tomatoes grown for the fresh produce
market in the main producer countries of the EC in the
marketing years 1990 / 91, 1991 / 92 and 1992 / 93 averaged

1,04% in Greece, 0,001 % in Spain, 3,97% in France,
3,71 % in Italy and 2,98% in the Netherlands .

( 27 February 1996 )

Directive 94 / 62 / EC on packaging and packaging waste (')
entered into force on 31 December 1994 . According to
Article 8, paragraph 1 of this Directive, the Council shall
decide no later than two years after the entry into force of
the Directive, on the marking of packaging .

The Commission is working on a draft Directive on marking
of packaging at the moment . The proposal will contain
graphic symbols, indicating the nature of packaging .
According to the Directive, the packaging natures are
reusable, recoverable and recyclable . Recyclable packaging
can be recyclable in the form of either material recycling,
composting or it can be biodegradable . At the moment the
Commission does not intend to introduce a graphic symbol
for each of the natures of packaging . In the draft Directive
there will probably be no symbol for biodegradable
packaging .

The Commission does not have information at its disposal

on the characteristics of the existing labels on the market

5 . 6 . 96 1 tN Official Journal of the European Communities No C 161 / 27

for indicating that packaging is made of ' biologically
degradable base materials '. This information would be
necessary to assess if the labels are comparable and if they
mislead consumers .

The Commission's proposal will aim to introduce a
harmonized system beneficial both for consumers and
business, avoiding distortions of competition .

Once the Directive is adopted and has entered into force, the
Commission will assess whether national systems comply
with it . If problems arise the Commission will take the
necessary action to ensure conformity with the Directive .

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

WRITTEN QUESTION E-35 75 / 95

by Jaak Vandemeulebroucke ( ARE )

to the Commission

(5 January 1996 )

( 96 / C 161 / 48 )

Subject : Prosecutions for infringing Directive 88 / 146 / EEC

( ban on hormones )

Last year the Belgian Parliament approved proposals to
tighten up the law on the use of growth-promoting products
in livestock farming . As a result Belgium now has one of the
most stringent forms of legislation on hormones in Europe :
strict penalties with fines of up to Bfrs 24 million and terms
of imprisonment of up to five years, administrative
procedures with regard to the impounding of positively
tested animals, laws on money laundering and special
procedures for persons admitting offenses .

However, there is evidence to suggest that some elements of
the Belgian hormone mafia are now moving their animals to
farms and slaughterhouses in other countries because in
some neighbouring countries the checks on the use of
hormones are apparently less stringent and because
transposition of Directive 88 / 146 / EEC (') into national
legislation has been accompanied by less severe penalties
than in Belgium .

Is this information correct ? Can the Commission also

state how Belgium's neighbours have transposed the
abovementioned Directive ? Can the Commission also state

what penalties ( fines or jail sentences ) are imposed in
Germany, France, Luxembourg and the Netherlands for
infringement of the abovementioned Directive ?

Answer given by Mr Fischler
on behalf of the Commission

( 13 February 1996 )

The Commission has no evidence substantiating the
deflection of trade to which the Honourable Member refers .

If he had such evidence, the Commission would be ready to
examine it .

All Member States have notified the Commission of the

measures taken to transpose Directive 88 / 146 / EEC . This
Directive prohibiting the use in livestock farming of certain
substances having a hormonal action does not lay down
penalties for infringements . It is normally for an individual
Member State to adopt provisions establishing the penalties
needed to enforce the Directive . The Member States are not

required to notify the Commission of such provisions,
which is why the Commission is unable to provide the
Honourable Member with a detailed response .

WRITTEN QUESTION E-3581 / 95

by Rui Vieira ( UPE )

to the Commission

( 10 January 1996 )

( 96 / C 161 / 49 )

Subject : Biological control of the fruit fly ( ceratitis capitata

Wied )

In 1993, pursuant to Article 33 of Regulation ( EEC )
No 1600 / 92 (') ( Poseima ) of 15 June 1992, Madeira
submitted to the Commission a multiannual programme
including a scheme for the self-destruction of the fruit fly

( ceratitis capitata Wied ), a scourge which is the direct cause
of annual losses to Madeira's agricultural sector of
approximately ECU 2,5 million .

The scheme makes use of new technologies developed in the
sector, not just under the Moscamed / USDA programme but
also by the International Atomic Energy Agency ( IAEA )
based in Austria, and is thus breaking new ground in
Europe, heralding a new era in the control of major
agricultural scourges which significantly reduce farmers '
incomes and affect the quality of agricultural produce .

In view of the fact that this is a first-rate scheme which

represents a major transfer of know-how to the European
(') OJ No L 70, 16 . 3 . 1988, p . 16 . Union, to what extent is the Commission to grant financial

No C 161 / 28 EN Official Journal of the European Communities 5 . 6 . 96

aid now in the future with a view to securing
implementation of the scheme ?

WRITTEN QUESTION E-3595 / 95

by Martina Gredler ( ELDR )

to the Commission

(>) OJ No L 173, 27 . 6 . 1992, p . 1 . ( 12 January 1996 )

( 96 / C 161 / 50 )

Answer given by Mr Fischler
on behalf of the Commission Subject : Refusal to subsidize winter crops as part of the

Commission's environmental aid programme for
( 20 February 1996 )
agriculture

In 1993 and 1995, under the Poseima programme of
plant health measures, the Community helped launch
a programme for the biological control of the
Mediterranean fruit fly on the island of Madeira .

The technique has been recognized internationally for a long
time . It has been tried and tested in various parts of the
world and is used in several countries concerned to protect
their fruit production against the damage caused by this
diptera whilst at the same time eliminating the use of
pesticides . However, time is needed for the technique to take
and it calls for major investment in equipment and
personnel if this harmful fly is to be brought truly under
control .

Austrian farmers were advised, on the basis of an agreement
of principle with the Commission, to plant winter crops

( rape and winter cereals ) on the grounds that they would
receive EU subsidies for these measures . Although farmers
have spent some 157 million Austrian schillings, the
Commission is now refusing them, since it claims that this
would amount to a distortion of competition .

What is the legal status of this agreement of principle
between the Commission and Austria ?

control . Did Commission the agreement to include contain winter-crop a specifc measures pledge by in the the

environment aid programme for agriculture ? Have rape and
The Commission cannot but approve further aid for this winter cereals been withdrawn from the aid programme ?
kind of measure, but with the proviso that the aid must
remain within the limits set by the budget .

Thus, in view of the limited budget available for Poseima
plant health measures, if Portugal wishes to continue
receiving Community aid to help achieve the target set for
Madeira, it must itself provide additional finance or
resubmit annually for each individual measure forming part
of the strategy to combat the Mediterranean fruit fly on
Madeira .

The Community's 1996 contribution to Poseima plant
health measures to combat crop pests on Madeira has to
take into account requests for Community contributions
from other particularly remote regions, such as the
autonomous region of the Azores and the four French
overseas departments ( Guadeloupe, Guiana, Martinique
and Réunion ), and the opinion of the Standing Committee
on Plant Health, which is required to issue its opinion on this
type of contribution .

Portugal could also split its Mediterranean fruit fly measures
for Madeira and transfer some of them to multiannual

Community programmes rather than the annual Poseima
plant health programmes, whose resources are limited .

Answer given by Mr Fischler
on behalf of the Commission

( 26 February 1996 )

During the accession negotiations Austria did discuss with
the Commission various possibilities for production aids for
rape and wheat, and a scheme was mooted for an agri ­
environmental programme in Austria which would inter alia
cover those crops .

The Austrian Government's proposal for a crop rotation
programme includes putting a proportion of arable land to
winter grass cover . It was planned to regard as plant cover
all frost-resistant crops including winter cereals and
rape . Since these in fact figure in traditional crop-rotation
patterns, no extra burden is involved in their inclusion
which might justify the payment of aids under the
Regulation on environmental measures for agriculture .

5 . 6 . 96 EN Official Journal of the European Communities No C 161 / 29

WRITTEN QUESTION E-3621 / 95 WRITTEN QUESTION E-3627 / 95

by Cristiana Muscardini ( NI ) and Gastone Parigi ( NI ) by Irene Crepaz ( PSE )

to the Commission to the Commission

( 12 January 1996 ) ( 12 January 1996 )

( 96 / C 161 / 51 ) ( 96 / C 161 / 52 )

Subject : EU-Morocco Association Agreement

In view of the fact that, under the EU-Morocco Association
Agreement as regards the industrial sector, Morocco has
agreed to dismantle completely, on a progressive basis
between now and the year 2008, the customs tariffs it
currently imposes on industrial products imported from the
EU ; in view of the fact that the main Italian industrial
products which will benefit from the agreement are tyres,
tractors, motor cars, goods vehicles, trailers and semi ­
trailers, and whereas the agricultural concessions offered by
the EU to Morocco relate in particular to a reduction in the
entry prices for oranges and tomatoes and the provision of a
zero-rate tariff quota for cut flowers, does the Commission
not consider that the benefits granted to industry have
resulted in a severe imbalance, to the detriment of
agriculture ?

Is it aware of the fact that, once again, the agreement
has penalized Mediterranean agriculture in the EU and
provoked concern and unrest amongst farmers, particularly
those of southern Italy ?

What action will it be proposing as an urgent remedy to the
damage done to Mediterranean agriculture within the
Union ?

Subject : CAP — non-agricultural investments in rural

areas

In Austria the contribution of agriculture and forestry to the
gross domestic product and national income ( both currently
just over 2 % ) has been declining for years as steadily as the
number of people engaged in this sector of industry has
fallen ( now 5 % ). As a result, the rural areas are becoming
economically weaker and, consequently, no longer
attractive as places to live .

The hoped-for accession of the central and eastern
European countries to the European Union will bring
changes to the CAP . Moreover the tremendous development
of agricultural production through biotechnology and
electronics will further reduce the economic importance of
agriculture . In highly developed industrial States, such as
Austria for example, the massive release of public subsidies
for agriculture and forestry has had no impact as yet on this
negative trend . Similarly the measures taken hitherto to
assist Objective 5b areas might be compared in their effects
to burial expenses or would appear to operate on the
principle of sink or swim .

Is it the intention to alter the whole range of 5b measures
so that the not inconsiderable funds go primarily to non ­
agricultural investments in the rural areas and so ensure
their economic future ?

In future will it avoid favouring the industrial sector to the
detriment of the agricultural sector, particularly that of the
economically weaker countries ? Answer given by Mr Fischler
on behalf of the Commission

(8 March 1996 )

Answer given by Mr Marin
on behalf of the Commission

(8 February 1996 )

The Commission and the Member States consider that the

negotiations with Morocco for the conclusion of a Euro ­
Mediterranean association agreement have produced a
balanced result . The Euro-Mediterranean association
agreements represent an essential element in the creation of
a new Euro-Mediterranean area as defined by the Barcelona
Conference .

The distinguishing feature of Objective 5b is the fact that it
helps development in rural areas by using an integrated
approach encompassing all the sectors of the economy
which are represented in such areas .

Usually, and particularly in the case of Austria, the
content of the programmes focuses on adjustment and
diversification in agriculture, making full use of areas of
forest, environmental protection, developing small and
medium-sized enterprises, promoting tourism, public
infrastructure and training activities needed in each field .
The weight given to each component, as well as its content,
is something proposed by the regional and federal
authorities following wide consultation with the partners in
each area, and is a matter of subsequent negotiation with the
Commission .

No C 161 / 30 EN Official Journal of the European Communities 5 . 6 . 96

The Objective 5b programmes for the seven Austrian lander
involved were approved on 4 December 1995 for five years

( 1995-1999 ). The implementing rules leave open the
possibility of making adjustments to the programmes as
they progress if such adjustments are required by the needs
in each field . The Commission does not plan to alter the list
of areas eligible for the period in question .

WRITTEN QUESTION P-3632 / 95

by Caroline Jackson ( PPE )

to the Commission

(4 January 1996 )

( 96 / C 161 / 53 )

Subject : Safety of upholstered furniture

Given that the Commission's three stated criteria before a

Directive on the fire safety of upholstered furniture could be
introduced have now either been fulfilled or are reaching
this stage, namely that :

— The CBUF research programme for post-ignition
behaviour of furniture was reported to the Commission
in June 1995

— the comprehensive study on the toxicity and ecotoxicity

'
of flame retardants — the ' Binetti Report — was
presented to the Commission in January 1993

— standards for ignitibility tests are now approaching

completion in CEN / TC207 / WG6

and that there is mounting evidence of the consumer safety
gains to be had from fire-proofing furniture, could the
Commission now state when the proposal will be
introduced ?

Answer given by Mr Bangemann

on behalf of the Commission

appropriate labelling of upholstered furniture which is
offered for sale . To this end, different levels of fire safety will
be set .

The levels.of fire safety will be determined by a standardized
post-ignition behaviour to be defined following the results
of the CBUF ( combustion behaviour of upholstered
furniture ) research . This standardization however, will
require supplementary work before a mandate, approved by
Member States, can be given to CEN ( comité européen de
normalisation ).

The mandate from the Commission to CEN will be the

subject of prior consensus between the industrial
associations involved, taking also into account the views of
the European Consumers ' Organization .

At the right time, the Commission will ask Member States to
replace, modify or adapt national legislation by the
application of the European standards .

WRITTEN QUESTION E-3640 / 95

by Concepció Ferrer ( PPE )

to the Commission

( 12 January 1996 )

( 96 / C 161 / 54 )

Subject : Interreg programmes for cross-border cooperation

between Spain and France

Can the Commission list the operational programmes
approved for the Franco-Spanish border under Interreg II
and can it provide details of the projects submitted, the sum
corresponding to each project and the bodies which have
submitted projects ?

Answer given by Mrs Wulf-Mathies

( 22 January 199 6 ) on behalf of the Commission

( 12 February 1996 )

The Commission is fully aware of the problems arising from
the inflammability of upholstered furniture . Nevertheless,
the Commission does not intend to propose any Directive on
the matter .

In order to assure an adequate protection for consumers, the
Commission will propose an information system based on

The Interreg II Community initiative programme for France
and Spain should be adopted shortly .

The joint programme, running until 31 December 1999, will
cover 10 NUTS III areas ( as defined by Eurostat's

5 . 6 . 96 I EN Official Journal of the European Communities No C 161 / 31

Nomenclature of Territorial Statistical Units ), five on each WRITTEN QUESTION
side of the border, including areas eligible under by Bartho Pronk ( PPE )
Objectives 2 and 5(b ) and, to a lesser extent, areas not

to the Commission

covered by the Objectives . A limited number of projects may
also involve neighbouring NUTS III areas . ( 12 January 1996 )

WRITTEN QUESTION E-3644 / 95

to the Commission

( 12 January 1996 )

The Community contribution is ECU 62,4 million out of a
total eligible cost of ECU 142,6 million, with the private
sector expected to contribute ECU 15,6 million .

There is no list of individual projects, but the programme
focuses on four key areas :

— diversifying, developing and boosting economic activity

in a cross-border setting ;

—
enhancing regional identity by developing cooperation

schemes, mobilizing skills and training women and

men ;

— facilitating trans-Pyrenean contacts, increasing both

personal contacts and the flow of information and
setting up small scale cross-border facilities ;

— programme implementation and monitoring .

One new feature of the scheme is that, to ensure maximum
cross-border impact, all projects submitted for financing
will first be examined by cross-border working parties
consisting of representatives of the national authorities ( for
general projects ) and regional bodies from both sides of the
border ( for local projects ). The working parties will assess
the projects ' eligibility and cross-border value before
recommending them for adoption by the national
programming committees ; the two Member States will be
responsible for implementing the programme once the
Commission has adopted it . To be eligible for funding,
projects must be financed, or at least submitted, jointly by
participants from both sides of the border ; sound reasons
must be given for any exception to this rule .

There will be a single monitoring committee, comprising
representatives of the Commission and national and
regional authorities ( in the case of France, departmental and
consular ) from the two Member States, to see that the
programme is properly implemented, ensuring that the
criteria established for eligibility are followed, that the
projects are suited to the priorities and goals set for the
programme, and that they are consistent with other
Community policies . The authorities responsible for
programme implementation will supply the monitoring
committee with regular information on the projects
submitted, their cost, the contracting authorities and the
beneficiaries .

96 / C 161 / 55 )

Subject : Trade in banned fireworks

There is an expanding market in the European Union in
banned fireworks which have a more powerful explosive
charge than is permitted in the Netherlands and which can
have fatal consequences if not handled with due care ( the
firework in question is known as the ' death's head striker '
firework ). These fireworks are shipped from Belgium —
where there are no restrictions on sales — to the

Netherlands and, possibly, other Member States .

1 . Is the Commission aware of trade between Belgium
and the Netherlands in fireworks banned in the

Netherlands ?

2 . Can the Commission indicate whether these fireworks

which are highly dangerous, and hence banned in the
Netherlands, are sold in Member States of the Union
other than Belgium and the Netherlands ?

3 . Is the Commission prepared to take suitable measures to
restrict, as far as possible, sales of this type of firework
between Member States of the Union ?

Answer given by Mr Monti
on behalf of the Commission

( 29 February 1996 )

The Commission is not aware of any illegal trade in deadly
fireworks between Belgium and the Netherlands or between
other Member States .

Fireworks are not covered by specific Community
legislation since they were explicitly excluded from the
scope of Directive 93 / 15 / EEC of 5 April 1993 on the
harmonization of the provisions relating to the placing on
the market and supervision of explosives for civil uses ( 1 ) . In
an opinion on the proposal for a Directive on explosives,
Parliament expressed the wish that fireworks should be the
subject of a specific proposal . The Commission therefore
engaged in discussions with the Member States on whether
there was a need for a Community initiative in this area . In
the light of the principle of subsidiarity, such a measure did
not seem justified .

Accordingly, it is up to the Member States to regulate the
marketing of fireworks and even to ban the manufacture or
distribution of certain products, with due regard for the

No C 161 / 32 EN Official Journal of the European Communities 5 . 6 . 96

rules laid down in Articles 30 to 36 of the EC Treaty on the
free movement of goods . In point of fact, the Treaty does not
affect the Member States ' power to act in areas which are
not covered by Community harmonization in order to
uphold certain legitimate objectives such as the protection
of health and life, even if the provisions adopted obstruct the
free movement of goods . Thus, under Article 36, Member
States may derogate from the provisions of Articles 30 to 34
by adopting or maintaining in force bans, quantitative
restrictions or measures having equivalent effect on imports
or exports and even on intra-Community transit .

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

(2 February 1996 )

Whether the construction of the Athens underground rail
tunnel could damage antiquities associated with the ancient
Kerameikos cemetery or the course of the Iridanos is a
matter for the Greek authorities rather than the

Commission .

The Commission did nevertheless seek information from

In practice, this means that a firework freely sold in one Attiko Metro, the company building the railway, which
Member State may be banned in another Member State if determine stated that the a geophysical structure of survey the soil had been under carried the ancient out to
this is justified on grounds of public health or safety . It is
then monitored up to that in the Member most State appropriate to arrange manner for the market so as to to be confirm cemetery the findings and that further of the survey drilling . The was route to take to be place followed to

by the tunnel would not be finalized until the results of the

implement the ban, in accordance with the rules of the
internal market . confirmatory necessary reinforcing checks were work known would, and be carried in any case out during all the

construction to prevent any possibility of damage to
(>) OJ No L 121, 15 . 5 . 1993 . antiquities .

WRITTEN QUESTION P-4 / 96

by Eryl McNally ( PSE )

WRITTEN QUESTION P-3654 / 95 to the Commission

by Alexandros Alavanos ( GUE / NGL ) (9 January 1996 )

to the Commission

(9 January 1996 )

to the Commission

(9 January 1996 )

( 96 / C 161 / 57 )

( 96 / C 161 / 56 ) Subject : Non-recognition of mountain leader's
qualifications

Subject : Kerameikos and line 3 of the Athens underground

railway

In May last year, the Central Archaeological Council of
Greece highlighted the risks involved in the construction of
an underground rail tunnel in the Kerameikos district,
particularly in regard to the ancient cemetery, one
of the rarest ancient Greek monuments, and called for
a geophysical survey to be carried out before work
commenced . According to the surveyors ' plans, line 3 of the
underground system passes under the Dipylon and crosses
the Kerameikos along the River Iridanos . It was also feared
that the waters of the Iridanos would be lost and that the

land would subside causing monuments to collapse .

The Department of Antiquities duly requested that the
plans for line 3 be altered and put forward some practical
alternatives .

Has a geophysical survey been conducted for the relevant
part of the project and have the risks highlighted in
the report by the Central Archaeological Council been
addressed ?

The Commission is asked to examine the qualifications
needed to practise the profession of European mountain
leader in all Member States as a constituent has experienced
difficulties in practising his profession, albeit with what was
believed to be the appropriate signed papers, and this has
resulted in him being fined Lit 666 666 plus expenses for
violation of Regional Law No 34 of 23 August 1991 .

Answer given by Mr Monti
on behalf of the Commission

( 25 January 1996 )

The recognition of mountain leader's qualifications is
covered by the general systems for the recognition of
professional qualifications established by Directives 89 / 48 /
EEC (') and 92 / 51 / EEC ( 2 ). The first Directive, adopted by
the Council on 21 December 1988, concerns a general
system for the recognition of higher-education diplomas
awarded on completion of professional education and
training of at least three years ' duration . The second
Directive, adopted by the Council on 18 June 1992,
concerns other diplomas and qualifications, i.e . those
obtained following higher-education training of less than

5 . 6 . 96 I EN Official Journal of the European Communities No C 161 / 33

three years ' duration . The profession of mountain leader
seems to fall within the scope of the second Directive . Both
Directives apply to ' regulated professions ', i.e . professions
the taking-up or pursuit of which is subject, in the host
Member State, to the possession of certain specific
professional qualifications . All sporting professions, in so
far as they are regulated, are covered by the general system,
whether they are carried out for an employer or in a
self-employed capacity .

Under the general system, if a person is fully qualified to
pursue a profession in his Member State of origin, he is, in
principle, also qualified to do so in another Member State .
Exceptions apart, his qualifications will be recognized as
such . The general system also provides for guarantees
regarding procedure . For instance, the candidate must
submit a formal request for recognition and, from the date
of submission, the host Member State has four months in
which to give its decision .

It is true that there are still difficulties in certain Member

States regarding pursuit of the profession of mountain
leader and winter sports professions in general ( teachers, ski
instructors, etc .). The Commission is concerned about this
and has in fact already sent a letter of formal notice to one
Member State asking it to amend its laws on the recognition
of foreign diplomas for the purpose of taking up the
profession of sports instructor or monitor .

In order to examine the particular situation described
by the Honourable Member, the Commission needs to
have all the details of the case, including the Member State
concerned, the nature of the qualifications and the
procedures followed .

f 1 ) OJ No L 19, 24 . 1 . 1989 .

( 2 ) OJ No L 209, 24 . 7 . 1992 .

WRITTEN QUESTION P-5 / 96

by Undine-Uta Bloch von Blottnitz ( V )

to the Commission

( 11 January 1996 )

( 96 / C 161 / 58 )

Subject : Radioactive waste in France

So-called low - and medium-level radioactive waste has
been stored at the French nuclear waste storage facility, the
Centre de Stockage de la Manche ( CSM ), over a 25-year
period . The exact radiological inventory is not known .
According to the latest estimates contained in a scientific
study it must be assumed that there are at least 200 tonnes of
uranium and 100 tonnes of plutonium on the site .
Furthermore, alarmingly high levels of tritium were detected
in the vicinity of the CSM, which suggest regular emissions .
Maximum levels of 1 mio . bq / 1 were measured, far in excess
of the French maximum permitted level of 274 000 bq / 1 .

1 . What are the grounds for authorization of the
radioactive discharges detectable at the CSM ?

2 . Has the French Government informed the Commission

of the radioactive discharges from the CSM in
accordance with its obligations, particularly those
arising from Articles 35, 36 and 37 of the Euratom
Treaty, and sought the relevant authorization ?

3 . What is the Commission's assessment of the potential

risk from the CSM ?

4 . Does the Commission regard the French Governement's
plans to de-restrict the CSM after a 300-year period of
supervision as defensible in view of the radioactive
substances stored there and the considerable quantities
of toxic substances also present on the site ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 14 February 1996 )

The ' Centre de stockage de la Manche ' ( CSM ) started
operation for the near-surface disposal of low - and
medium-level radioactive waste in 1969 . France did not

provide the Commission with the general data relating to
the disposal of radioactive waste in terms of Article 37 of the
Euratom Treaty . This Article confers on the Commission
the task of delivering an opinion on the planned disposal of
radioactive waste, with regard to whether the
implemantation of a plan is liable to result in radioactive
contamination of another Member State . It is the task of the

authorities of the Member State, not the Commission, to
authorize the radioactive discharges .

The survey of activities in the report of the Commission to
the Council and to Parliament on the application of Article
37 of the Euratom Treaty ( ] ), indicates that in the period

1959 to 1981 no other Member States provided
the Commission with general data on the burial of
radioactive waste . In the Commission recommendations of
7 December 1990 ( 91 / 4 / Euratom ( 2 ) as well as of 1982

( 82 / 181 / Euratom ) ( 3 ) and 1960 ( 4 ) the burial of radioactive
waste in one of the operations listed for the application of
Article 37 to the disposal of radioactive waste resulting from
such operations . In the 1960 recommendation, however, the
concept of ' disposal of radioactive waste ' is understood to
imply that there is a risk of exceeding the ' maximum
permissible dose to the population ' as laid down in the basic
standards ( Article 31 of the Euratom Treaty ). The provision
explains why in practice Article 37 was not applied to this
type of operations, since one would not expect a significant
risk in particular for the population of other Member
States .

Radiation protection philosophy has of course evolved since
the sixties . Criteria now go beyond mere compliance with
does limits, and consequently in the 1982 recommendation
it is no longer left to the Member States ' appreciation
whether Article 37 should apply to the disposal of

No C 161 / 34 EN Official Journal of the European Communities 5 . 6 . 96

radioactive waste . Thus general data on waste processing
and storage facilities were received for instance on the Aube
storage centre at Soulaines ( France ), on which the
Commission issued an opinion in 1991 ( 5 ).

The allegation that the radiological inventory is not known
appears to be unfounded . Radioactive waste packages were
delivered to the site with a complete contents description,
and the position of each package in the installation is exactly
known . The maximum content of long-lived radionuclides
and of tritium in each package and over the whole
repository are strictly limited in accordance with the
radiological protection requirements . Only solidified waste
with a predescribed minimal resistance to leaching was
accepted .

The repository is designed to be free of institutional control
after a decay period of 300 years, which is the time required
for the waste to decay down to natural levels of
radiation .

Estimations of radiological consequences of this type of
near-surface disposal have been made in the framework of
the Community's research and development programme on
radioactive waste management . The performance
assessments for typical reactor waste and waste from
reprocessing of nuclear fuel have shown that the exposure of
the critical groups is negligibly low ( less than 1
microsevert / year ) for normal scenarios . Even for accidental
scenarios, the exposures are below dose limits to the
population .

It is the Commission's opinion that disposal of short-lived
radioactive waste as practised in the ' Centre de la Manche '
is a radiologically sound concept .

(') COM(82 ) 455 .

( 2 ) OJ No L 6, 9 . 1 . 1991 .
( ? ) OJ No L 83, 29 . 3 . 1982 .

( 4 ) OJ No 81, 21 . 12 . 1960 .

( 5 ) OJ No L 324, 26 . 11 . 1991

WRITTEN QUESTION E-10 / 96

by Christiane Taubira-Delannon ( ARE )

to the Commission

( 25 January 1996 )

( 96 / C 161 / 59 )

Guyana were informed of the sanctions levied by the
Commission against the French fishing fleet for its failure to
meet its obligations to the Union .

Unjustified as they are, these measures logically extend to
the Overseas Departments and obstruct the implementation
of the fisheries sector programmes established under the
Single Programming Document [ SPG ] for the period
1994—1999 .

Will the Commission therefore explain the reasons for these
sanctions and say whether measures can be envisaged to
exclude the Overseas Departments from their application
since these regions, which are classified under Objective 1,
are already placed at a serious disadvantage by their
underdevelopment ?

Answer given by Mrs Bonino

on behalf of the Commission

( 16 February 1996 )

According to the figures submitted by the French
authorities, the objectives set by the Commission Decision
of 7 June 1995 with regard to the multiannual guidance
programme for the French fishing fleet ( 1 ) had not been
attained in terms of engine power at 15 November 1995 .

Under these circumstances, the Commission is obliged to
ensure the application of Article 10 of Council Regulation

( EC ) No 3699 / 93 of 21 December 19 93 laying down the
criteria and arrangements regarding Community structural
assistance in the fisheries and aquaculture sector ( 2 ), which
stipulates that

' Member States may take such measures to promote the
construction of fishing vessels as comply with the global
annual intermediate objectives (...) under their
multiannual guidance programme within the stated time
limits .'

The suspension of construction and modernization
activities for failure to comply with the intermediate
objectives is being applied throughout French territory
including the overseas departments . In future guidance
programmes for the French fleet covering the period

1997 — 1999 ( MGP IV ) the Commission will explore, in
close collaboration with the French authorities, the
possibility of taking greater account of the specific nature of
the overseas departments without upsetting the coherence
of its policies on the management of the fishing effort .

Subject : Implementation of the Overseas Departments '

MGP t 1 ) OJ No L 166, 15 . 7 . 1995 .

( 2 ) OJ No L 346, 31 . 12 . 1993 .

During a European fund evaluation meeting, the
decision-making bodies concerned with development in

5 . 6 . 96 I EN Official Journal of the European Communities No C 161 / 35

WRITTEN QUESTION P-ll / 96

by Hiltrud Breyer ( V )

to the Commission

( 17 January 1996 )

( 96 / C 161 / 60 )

Subject : Origin of highly enriched uranium ( HEU )
purchased by the EU for use in research

reactors

1 . Which European research reactors have requested
fresh supplies of HEU from the Euratom Supply Agency
since 1990 ? What quantities have been requested by the
various individual reactor operators ?

2 . What quantity of HEU has been requested by the
planned German reserarch reactor, FRM II ? Where has that
HEU come from ?

3 . Does Euratom and / or the Euratom Supply Agency
intend to purchase HEU from Russia ?

If so, how much ?

Was the HEU in question formerly used for military
purposes or has it been specially enriched for this
purpose ?

With which Russian agencies and / or individuals are
negotiations being conducted ?

How long have talks and negotiations with Russian agencies
and individuals been under way ?

4 . How can the European negotiators ensure that they do
not become involved, directly or indirectly, in the dealings of
the Russian mafia, which is known also to traffic in
weapons-grade uranium on the black market ?

5 . What view does the USA take of the possible purchase
of HEU by European agencies ?

6 . Does Euratom and / or the Euratom Supply Agency
intend to purchase HEU from Russia on a regular basis ?

7 . Is Russia to apply particular security standards to the
possible supply of HEU ? What security standards would be
imposed by Euratom ?

Answer given by Mr Papoutsis

on behalf of the Commission

(9 February 1996 )

1 . and 2 . There are at present four major special purpose
research reactors in the Community which continue to
require supplies of highly enriched uranium ( HEU ) for their
operation :

— the Belgian Reactor 2 ( BR2 ) of the Studiecentrum voor

Kernenergie ( SCK ), Centre d'Etude de l'Energie
Nucléaire ( CEN ) in Belgium,

— the réacteur à haut flux ( RHF ) of the Institute Max von

Laue-Paul Langevin in France,

— Orphé of the Commissariat à l'Energie Atomique ( CEA )

in France,

— Hoge Flux Reactor ( HFR ) of the joint research centre in

Petten, the Netherlands .

In addition the Forschungsreaktor Miinchen 2 ( FRM 2 ) of
the Technische Universitaet Muenchen ( TUM ) in Germany,
at the project stage, needs to ensure its supply of HEU for a
number of years of operation .

In view of the difficulties in obtaining further supplies from
the United States since 1992, some of the operators of the
above reactors approached the Euratom supply agency for
assistance in finding alternative sources . However, the
Agency is not in a position to provide information on the
requirements of particular research reactors as this
information is normally provided in confidence and is
commercially confidential .

3 . In practice reactor operators negotiate directly with
potential suppliers for the supplies they require, with the
assistance of the Agency if needed . Once the negotiations are
completed the Agency concludes the contracts in accordance
with Article 52 of the Euratom Treaty .

If any supply of Russian HEU should take place, it could be
expected that several ministries of the Russian federation,
including Minatom and its trading agency Tenex would be
involved . It would be up to the Russians to decide the source
of the material . However it seems unlikely that, under
present circumstances, freshly produced HEU would be
supplied . There have been no negotiations between the
Commission and the Russians on the supply of HEU, only
exploratory discussions with Minatom and Tenex since last

year .

4 . Any discussions undertaken by the Agency or the
Commission would only take place with the Russian
authorities concerned .

5 . In the framework of the Euratom and United States

agreement for cooperation in the peaceful uses of nuclear
energy, signed on 7 November 1995, the United States
government recognised that specific research reactors in the
European atomic energy Community may, under certain
circumstances, need to use highly enriched uranium as fuel .
In this context, it is worth noting that United States domestic
reactors continue to be supplied normally with HEU by the
United States Department of energy, a situation considered
highly discriminatory by reactor operators outside the
United States .

6 . For the time being, only the current needs of
certain research reactors in the Community and, in this
context, Russia's role as a potential supplier, are being
considered .

No C 161 / 36 EN Official Journal of the European Communities 5 . 6 . 96

7 . The requirements of the government of the Russian
federation on safeguards and related matters are to be found
in the decree N1005 of 21 December 1992 and subsequent
amendments . If supply of HEU were to be made from
Russia, the export would be submitted to the stringent
internationally accepted safeguards and physical protection
regime .

Within the Community HEU is submitted to Euratom
safeguards, in accordance with Chapter VII of the Euratom
Treaty, to the International atomic energy agency ( IAEA )
safeguards in accordance with the agreements signed
between the Community, Member Sates and the IAEA
contained in IAEA documents Infcirc 193, 263 and 290, and
to physical protection measures which satisfy the cirteria set
out in Annex C to IAEA document Infcirc 254, Part 1, as
revised .

WRITTEN QUESTION P     - 1 8 / 96

by Anne Mcintosh ( PPE )

to the Commission

( 17 January 1996 )

( 96 / C 161 / 61 )

WRITTEN QUESTION E-24 / 96

by Robert Sturdy ( PPE )

to the Commission

( 25 January 1996 )

( 96 / C 161 / 62 )

Subject : Commission proposal to increase the sugar quota

for Portugal

How does the Commission justifiy its discriminatory
proposals for an increase in the Portuguese beet sugar
quota ? Portugal has made no effort to fill its existing quota
since its accession . When the UK was unable to fill its quota
after accession, it had very considerable cuts made in 1981 .
As quota depends on past performance, the proposal for
Portugal undermines the system : under these circumstances,
it would be helpful to know if the Commission will give
serious consideration to withdrawing the proposal .

In order to ensure fairness to all Member States, it is clearly
advisable for no single country to be given preferential
treatment . Does the Commission not agree that a general
review of quota levels across all EU beet sugar-producing
countries would be the most equitable approach ?

Answer given by Mr Fischler
on behalf of the Commission

Subject : Consumer information on the crash performance

of cars (6 February 1996 )

A recent report by the European Transport Safety Council
concludes that market forces play a key role in shaping car
design and, since safety is featured increasingly in
advertising, car buyers want and need impartial information
on the crash performance of cars .

Has the Commission reached a view as to whether it will
support the establishment of a coordinated programme of
crash testing work which could provide valuable
information for car buyers ?

Answer given by Mr Bangemann

on behalf of the Commission

( 20 February 1996 )

The Commission can confirm that it has received a request
to part-fund a new car assessment programme which would
use the technical characteristics of the two proposals on
front and side consideration to this request taking into
account the possible benefits for the consumer but also the
efficient functionning of the internal market .

The justification for the Commission's proposal ()
was provided in the accompanying explanatory
memorandum .

The proposal envisages a small increase from 60 000 tonnes
to 70 000 tonnes in the production quota for sugar for
Portugal's mainland region in order to provide the impetus
for a sugar factory to be finally constructed there as
envisaged in the Act of Accession of Portugal .

The highly specific nature and limited scope of the proposal
does not call into question the overall agreement reached in
April 1 995, after full debate at all levels, on production
quotas in general to apply in the sugar sector from 1995 / 96
to 2000 / 01 . The Commission, furthermore, believes that a
common understanding exists in favour of the proposal .

It should be noted that the total production quota for sugar
for the United Kingdom of 1 144 000 tonnes ( comprising an
A quota of 1 040 000 tonnes and a B quota of 104 000
tonnes ) allocated from 1981 / 82 onwards, compares
favourable with the actual production of previous years,
when 985 400 tonnes of sugar were for example produced
annually on average during the preceding five marketing
years from 1976 / 77 to 1980 / 81 .

The Commission will inform the Honourable Member of its

decision . (M COM(95 ) 561 final .

5 . 6 . 96 HN Official Journal of the European Communities No C 161 / 37

QUESTION E-59 / 96 benefited from ERDF funding . Information from

Poettering ( PPE ) Mecklenburg-Vorpommern gives no grounds for requiring

repayment of such assistance .
to the Commission

WRITTEN QUESTION E-59 / 96

by Hans-Gert Poettering ( PPE )

( 26 January 1996 )

( 96 / C 161 / 63 ) 3 . Whether or not representatives appointed by the
slaughterhouse can have access to documents kept at the
headquarters in France is something dictated by French law .

of the Guts-Gold poultry However, Council Directive 92 / 56 / EEC of 24 June 1992
in Twist and Bad Bentheim amending Directive 75 / 129 / EEC on the approximation of

the laws of the Member States relating to collective

)

redundancies stipulates that workers's representatives have
the right to be informed and consulted when an employer

of the Guts-Gold poultry plans to make collective redundancies ( 2 ). The employer is
and Bad Bentheim ( Lower Saxony ) required to provide them with the necessary information in
at the end of 1995 as a result of good times so they can formulate constructive proposals .

Subject : Closing down of the Guts-Gold poultry
slaughterhouses in Twist and Bad Bentheim

( Lower Saxony )

Approximately 300 employees of the Guts-Gold poultry
slaughterhouses in Twist and Bad Bentheim ( Lower Saxony )
were due to lose their jobs at the end of 1995 as a result of
the closing down of these factories . These companies, which
belong to the French DOUX Group, appear to be the victims
of a new move to share out the European poultry market by
the largest poultry meat producers . The trade union
representing the workers of the Guts-Gold factory, NGG, as
wells as independent fatteners and experts from agricultural
suppliers have expressed the suspicion that there is a market
agreement between the French DOUX Group and the
Lohmann Group, which already has a market share of over
50 % in certain areas .

1 . Is the Commission aware of such an agreement ? If not,
what measures does it intend to take to investigate this
possible infringement of the provisions on cartels ?

2 . Was the purchase of the slaughterhouse in Grimmen

( east Germany ) by the DOUX Group subsidized using
EU funds ? If so, must these subsidies be repaid if no
investments are made, other than the legally required
modernization of the waste water treatment plant,
before the undertaking is sold on ?

3 . What access do the works council and the lawyers
retained in this connection have to the books of the

DOUX Group at its French head office if it is suspected
that important material and revealing data is being kept
secret ?

Answer given by Mr Fischler
on behalf of the Commission

( 28 February 1996 )

1 . The Commission has not been notified of any
agreement or understanding between the French group
' DOUX ' and the ' Lohmann ' Group or of any complaint
against such an accord . Without relevant information, the
Commission is not at liberty to launch a competition
inquiry . If the Honourable Member has more details about
the alleged agreement, the Commission would be grateful to
receive them .

2 . The slaughterhouse in question has received no
aid under Regulation ( EEC ) No 866 / 90 C ) but has

These provisions could possibly be applicable in the case
raised by the Honourable Member .

f 1 ) OJ No L 91, 6 . 4 . 1990 .

( 2 ) OJ No L 245, 26 . 8 . 1992 .

WRITTEN QUESTION E-66 / 96

by Yannos Kranidiotis ( PSE )

to the Commission

( 26 January 1996 )

{ 96 / C 161 / 64 )

Subject : MED A programme funding for Turkey

At the Euro-Mediterranean conference held in Barcelona in

November 1995, the EU Member States and their
Mediterranean partners took joint decisions on their future
relations and the objectives to be pursued to promote
development and consolidate peace and stability in the
Mediterranean region . To attain these objectives and enable
the Mediterranean countries to cope with the difficulties
they face, the Community provided for financial aid to those
countries under the MEDA programme .

One of the countries due to receive funding under the
MEDA programme is Turkey . This programme, however, is
not Turkey's only source of finance . Apart from the
substantial sum which the Commission indicates that

Turkey is to receive from MEDA, the country will also
obtain ECU 375 million of the sum agreed at Cannes as
financial aid once the European Parliament has adopted the
regulation on a special measure for Turkey . The result of
this, however, will be to reduce the amounts allocated for

No C 161 / 38 EN Official Journal of the European Communities 5 . 6 . 96

third Mediterranean countries, while Turkey collects money WRITTEN QUESTION E-75 / 96
from several sources . by Johanna Maij-Weggen ( PPE )

to the Commission

How much of total MEDA funding has been earmarked for
Turkey and what are the criteria for the payments to that
country ?

Answer given by Mr Van den Broek

on behalf of the Commission

( 13 March 199 6 )

The declaration on financial cooperation with Turkey
which the Community made at the meeting of the
Association Council on 6 March 1995 gave a clear
indication of the sources on which cooperation could
draw :

— a large budgetary allocation will be made for
cooperation with Turkey over a period of five years
starting in 1996 ( in total ECU 375 million );

— continuing access to funds under the New
Mediterranean Policy for the period 1992-1996

( European Investment Bank ( EIB ) loans ) to finance
infrastructure projects in the environment, energy,
transport and telecommunications sectors : the amount
may vary between ECU 300 million and ECU 400
million, depending on the quality of the projects
proposed by Turkey ;

— additional loans from the EIB over a period of five years

following customs union in 1 996 to help make the
Turkish economy more competitive ;

— a system of funding from budget resources and EIB loans

to be made available by the Community for all the
Mediterranean countries from 1996 ;

— where there is special need, a Turkish request for

additional, exceptional medium-term macroeconomic
aid linked to the implementation of IMF-approved
programmes may be considered by the Community in
consultation with international financial institutions

and taking into account all the financial resources
available .

In the case of the fourth source mentioned above, the
Commission has not yet decided how much should go to
Turkey . The criteria for granting funds will mainly be
objective ones, such as population, per capita GNP,
absorption capacity, the degree to which the market has
been opened to the Community and structural reforms,
which are the usual criteria for granting aid to the
Mediterranean countries .

( 26 January 1996 )

( 96 / C 161 / 65 )

Subject : The monk seal and the threat of extinction

In the recent past the Commission has taken action in
support of the monk seal which is threatened with
extinction .

1 . Can the Commisson provide a progress report on the
action it has taken, in cooperation with the Hellenic
Society for the Study and Protection of the Monk Seal, to
assist the monk seal in Greece ?

2 . Is the Commission involved in campaigns to help the
monk seal in Morocco and Mauritania ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 29 February 1996 )

1 . Among the operations carried out in collaboration
with other organizations to save the monk seal, the
Commission has co-financed a number of projects,
including that of the Hellenic Society for the study and
protection of the monk seal, which was concluded on
31 December 1 995 . As stipulated in the contract, the
Commission must be provided with a final activity report by

15 March 1 996 at the latest .

2 . Under Life 94 the Commission has co-financed a

Spanish project entitled ' Measures to stabilize the Atlantic
population of the monk seal ', much of which is taking place
in Morocco and Mauritania .

WRITTEN QUESTION E-84 / 96

by Armelle Guinebertière ( UPE )

to the Commission

( 26 January 1996 )

( 96 / C 161 / 66 )

Subject : Situation of piscivorous birds

The European Anglers ' Alliance has been concerned for
some years at the worrying growth in the numbers of
piscivorous birds and the harmful tendency for cormorants
to infest lakes throughout the European Union .

The presence of cormorants has a devastating effect on
fisheries and fish-breeding since a cormorant consumes
500 g of fish per day . As an example the estimated damage

5 . 6 . 96 EN Official Journal of the European Communities No C 161 / 39

during the 1994 / 95 winter in a French department such as
the Auvergne was the loss of between 200 and 366 tonnes of
fish at a cost of between FF 6 and 11 million .

In view of this state of affairs, what action is the
Commission planning to take in response to the
proliferation of protected piscivorous birds ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 29 February 1996 )

Article 9 of Directive 79 / 409 / EEC on the conservation of
wild birds ( 1 ) allows derogations to certain Articles of the
Directive inter alia to limit the impact of piscivorous birds
on fish stocks . As the Commission pointed out in its answer
to Written Question No 3625 / 95 by Mrs Van Dijk ( 2 ), it falls
to the Member States to state that the conditions required by
the Directive have been met and to apply rapidly any
measures they deem necessary .

However, the Commission is aware that cormorants can
have considerable local impact . The subject was raised at the
last meeting of the Committee for the adaptation of the
Directive to scientific and technical progress . Denmark and
the Netherlands have begun a joint detailed evaluation of
the situation . This initial step could fuel a discussion on
possible species management measures and their
coordinated international implementation in the longer

term .

(») OJ No L 103, 25 . 4 . 1979 .

( 2 ) OJ No C 122, 25 . 4 . 1996, p . 23 .

Answer given by Mr Monti
on behalf of the Commission

(8 March 1996 )

During the first half of 1994, the Commission arranged for
an inquiry to check on application of recommendation
88 / 590 / EEC of 17 November 1988 concerning payment
systems, and in particular the relationship between
cardholder and card issuer ! 1 ) . The study concentrated on
the clauses applicable in the event of theft or loss of the card .
In addition to the variations which exist from one Member

State to another, the study shows some unevenness in
conformity, although there is no doubt that application of
the provisions of the recommendation ( albeit sometimes
partial ) is improving every year ( see also the Commission's
answer to Written Question No E-740 / 95 by Mr
Willock ) ( 2 ).

In its communication of November 1994 ( 3 ) the
Commission announced a number of measures aimed at

ensuring a satisfactory level of transparency, efficiency and
stability for payments in the Community . One of these
measures was the search for increased transparency in the
field of instruments for payment by card, mainly based on
the results of an independent study and on the opinion of
two Commission advisory groups . This study, which was
recently completed, is currently being examined by the
Commission .

Other measures recently undertaken by the Commission
concern the legal aspects of the development of other
electronic payment products such as prepaid cards . The
Commission hopes to announce a general initiative covering
all these aspects by summer 1996 . The Commission could
consider updating recommendation 88 / 590 / EEC and also
examining other more recent techniques such as the various
forms of home banking and on-line payments . It will inform
the European Parliament of these measures as soon as
possible .

0 ) OJ No L 317, 24 . 11 . 1988 .

( 2 ) OJ No C 190, 24 . 7 . 1995 .

( 3 ) COM(94 ) 436 final .
WRITTEN QUESTION E-87 / 96

by Marianne Thyssen ( PPE )

to the Commission

( 26 January 1996 )

96 / C 161 / 67 ) WRITTEN QUESTION P-90 / 96

by Robert Evans ( PSE )

to the Commission

Subject : Cash card research

( 18 January 1996 )

( 96 / C 161 / 68 )
It appears that in 1994 the Commission arranged for a study
of whether the various types of contracts governing
relations between cash card holders and cash card issuers are Subject : Commission reports on
in line with the 1988 recommendation .

Subject : Commission reports on school provision for gypsy

and traveller children and for children of

occupational travellers

Has this study now been completed, and what are its
conclusions ? Is the Commission planning a legislative
initiative ?

I have been asked by a council official within my
constituency, who works in the field of school provision for

No C 161 / 40 EN Official Journal of the European Communities 5 . 6 . 96

gypsy and traveller children, to help locate copies of the
following Commission reports :

1 . School provision for gypsy and traveller children ('),

2 School provision for children of occupational
travellers ( 2 ).

These reports are referred to in the report ' The education of
migrants ' children in the European Union ( 2 ), and were due
to be published in 1993 . However, I am told that they are
not yet published .

Why have they not yet been published and when does the
Commission envisage the publication of these crucial
reports ?

(') OJ No C 153, 21 . 6 . 1989 .

( 2 ) COM(94 ) 80 .

Answer given by Mrs Cresson

on behalf of the Commission

(6 February 1996 )

Reference is made to a Council resolution ( resolution of the
Council and the Ministers of Education meeting within the
Council of 22 May 1989 on school provision for gypsy and
traveller children ) (^ which envisages two reports, one on
school provision for gypsy and traveller children and the
other on school provision for children of occupational
travellers . The reports are to be prepared by the
Commission to cover the period up to 1994 . Over the last
four years the Commission, attaching great importance to
action in these two areas, has given support and financial
assistance to more than 200 projects contributing directly to
the improvement of school provision for the two target

groups .

Unfortunately these important reports, taking stock of
action in favour of the children of gypsies, travellers and
occupational travellers and including not only an analysis of
current policies and programmes but also an indication of
the needs for further cooperation in these fields, have been
subject to a delay . While the report on school provisin for
children of occupational travellers was ready at the end of

1994, the longer report on school provision for gypsy and
traveller children was finalised later in 1995, due to
technical reasons, including the volume of the texts and the
time required for the translation of approximately 150
pages in all languages .

The two reports will be ready in all official languages by the
middle of February 1996 . It is only at that time that they
will be approved by the Commission . They will than be
published .

(') OJ No C 153, 21 . 6 . 1989 .

WRITTEN QUESTION E-95 / 96

by José Salafranca Sânchez-Neyra ( PPE )

to the Commission

( 26 January 1996 )

( 96 / C 161 / 69 )

Subject : Cuba — European cereal sales exempt from export

levy

According to an article published in the Agence Europe
bulletin on 6 January 1 996, the Cuban authorities have
asked the Commission for permission to buy Community
cereals without paying the export levy introduced by the
Community in December 1995 in order to discourage
exports on to the world market . The request has apparently
been given a sympathetic hearing in Brussels .

Could the Commission say whether a request to the above
effect has been made ? If so, has there been an official
response ?

The same bulletin, citing sources close to the Commission,
also refers to a scheme whereby French cereals would be
bartered for Cuban sugar .

Is the Commission aware of any such trade, if indeed the
possibility exists ?

Answer given by Mr Fischler
on behalf of the Commission

( 16 February 1996 )

Agence Europe is an international press agency and not an
official Community body . The Commission is therefore not
answerable for information put out by Agence Europe .

The Commission is indeed aware of Cuba's common wheat

requirements . For several years Cuba has been obtaining
from the Community regular supplies of common wheat
and common wheat flour . Over the past two marketing
years the Community has exported to Cuba approximately
800 000 tonnes of wheat . In the current year there has so far
been no reported interruption of supply . Between now and
the end of June 1 996 Cuba's import requirement will
approximately 300 000 tonnes . Nor is its supply situation
any more serious thant that of many countries which are net
importers of common wheat, for example among the
African, Caribbean and Pacific States .

A tendering procedure has been opened in the Community
for the export of common wheat to all non-Community
countries and applications may be submitted each
Thursday .

It is common knowledge that Cuba has for several years
been obtaining cereal products from European suppliers in a

5 . 6 . 96 EN Official Journal of the European Communities No C 161 / 41

trade exchange for sugar . The Commission is not competent
to discuss these matters, which fall exclusively within the
sphere of responsibility of the national authorities .

WRITTEN QUESTION E-96 / 96

by Odile Leperr e      - Verrier ( ARE )

to the Commission

( 26 January 1996 )

( 96 / C 161 / 70 )

Subject : Single currency and the blind

Can the Commission say what action it intends to take on
the recommendations by the European Blind Union
concerning the design and introduction of a single European
currency ?

If put into effect, the recommendations would enable
sightless persons to identify the currency more easily,
thereby averting regrettable instances of confusion .

Answer given by Mr de Silguy

on behalf of the Commission

(7 March 1996 )

The design and introduction of euro notes and coins are the
responsibility of the European Monetary Institute ( EMI ) in
the case of notes and of the Working Group of the Mint
Directors of the Member States in the case of coins . The

Working Group was set up by the Council of Ministers for
Economic and Financial Affairs .

The Commission is aware of the importance of the
recommendations put forward by the European Blind
Union and has drawn the attention of the EMI and of the

Working Group to them . It understands that the European
Blind Institute has met representatives of the two bodies and
that its recommendations will be examined extremely
closely .

WRITTEN QUESTION E-103 / 96

by Josu Imaz San Miguel ( PPE )

to the Commission

( 26 January 1996 )

( 96 / C 161 / 71 )

Subject : Report on the drift-net control campaign

The Commission has drawn up a report on the campaign to
control drift-net fishing in the north-east Atlantic and the

Mediterranean in 1995 . I should like to see this report
submitted to Parliament's Committee on Fisheries so that

Parliament debate its conclusions .

Information gleaned from the presentation of the report to
the December 1995 Fisheries Council indicates that it
reveals widespread failure to comply with Community
Regulations governing the use of these nets . Furthermore, it
would appear that there are difficulties with maintaining
controls indefinitely given the high costs in proportion to the
number of vessels using these nets .

Nonetheless, despite this evidence, at the December
Fisheries ' Council, the Commission rejected the submission
of a revised proposal for a Regulation as requested by the
Spanish delegation . This information, which appeared in
several news media, appears flatly to contradict the position
publically defended by qualified Members of the
Commission throughout 1995 with regard to the need to
amend the proposal for a Regulation with a view to
providing differentiated arrangements for regulating the use
of these fishing techniques in the different fishing
grounds .

Is the Commission going to submit the results of this report
to Parliament so that the latter can debate them ?

In the light of the results of the report, is the Commission
going to amend its proposal so as to achieve the necessary
Council majority so that progress can be made towards a
total ban on the use of these nets in the Atlantic ?

Answer given by Mrs Bonino

on behalf of the Commission

( 21 February 1996 )

The Commission has drawn up a report on the enforcement
of Community legislation concerning the use of drift-nets in

1995 in the north-east Atlantic and the Mediterranean

which — at the request of the Committee on Fisheries — it
will present at today's meeting .

The number and seriousness of breaches of Community
Regulations on the legal length of nets recorded during the

1995 tuna fishing season have fallen considerably in
comparison with previous years . This is without a doubt due
to the control and inspection operations carried out by the
authorities in the Member States concerned and by the
Commission . In 1996, the Commission intends once again
to charter an inspection vessel to coordinate and supervise
more effectively the controls being carried out by the
Member States . However, for reasons of cost-efficiency it
feels that this special effort cannot go on indefinitely . It is
usually up to Member States to ensure that their fishermen
abide by the legal provisions .

No C 161 / 42 EN Official Journal of the European Communities 5 . 6 . 96

As regards the assessment of Regulation ( EEC ) No intensive purification does not have any legal existence and
345 / 92 (*), the Commission regrets that the Council has not does not have to be used .
yet been able to achieve a qualified majority . It is willing, for
its part, to work in as constructive a way as possible with the (') OJ No L 268, 24 . 9 . 1991 .
Presidency to attain a lasting and fair solution and to take
when appropriate any new initiatives that prove useful or

necessary .

(') OJ No L 42, 18 . 2 . 1992 .

WRITTEN QUESTION P-l 15 / 96

by Doeke Eisma ( ELDR )

to the Commission

( 18 January 1996 )

( 96 / C 161 / 73 )

WRITTEN QUESTION E-l 13 / 96

by Clive Needle ( PSE )

to the Commission

( 26 January 1996 )

( 96 / C 161 / 72 )

Subject : Purification time for Mussels

What is the optimum purification time for mussels given the
Directive 79 / 923 / EEC ( 1 ) requiring ' intensive purification ',
and are third-country imports subject to the same
conditions ?

(!) OJ No L 281, 10 . 11 . 1979, p . 47 .

Answer given by Mr Fischler
on behalf of the Commission

( 13 February 1996 )

Council Directive 91 / 492 / EEC of 15 July 1991 laying down
the health conditions for the productions and the placing on
the market of live bi-valve molluscs (^ laid down conditions
for production areas .

Bi-valve molluscs collected from contaminated areas ( more
than 60 000 faecal coliforms per 100 g of flesh ) may be
placed on the marked only after relaying over a long period

( at least two months ) whether or not combined with
purification, or after intensive purification for a period and
according to methods to be fixed by the Commission . This
provisions was introduced into the Directive at the request
of a Member State which carried out intensive purification
tests . Since then, the Commission has received no technical
information allowing it to decide, with the assistance of the
standing veterinary committee, the period and the method
of intensive purification . Until such a decision is adopted,
this possibility offered by the Directive does not exist and

Subject : Application of the habitats Directive to whales,

seals and fish

Despite the fact that the habitats Directive ( 92 / 43 / EEC ) ( ] ) is
applicable both to species and areas ( land and sea ),
insufficient attention appears to be paid to the protection of
species in the marine environment .

Does the Commission agree that threatened ( groups of )
animals and plants in the marine environment should also be
protected ? To what waters should protection measures
apply in the case of whales, seals and fish ?

What protective measures for marine species will the
Commission be proposing in the committee pursuant to
Article 21 of the Directive ?

f 1 ) OJ No L 206, 22 . 7 . 1992, p . 7 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 29 February 1996 )

The Commission agrees on the need to conserve threatened
groups of animals and plants in the marine environment, as
well as in other parts of the natural environment .

In the case of whales, seals and fish, the Commission
considers that the Habitat Directive's field of application
covers European marine waters used by species protected by
the Directive to the extent that Member States exercise

competence in such waters .

The Commission has not specific plans at present to enlarge
the Directive's coverage of marine species . However, it does
not rule out future developments . In addition, it would refer
to the Community's participation in several international
conventions which address issues of marine conservation .

5 . 6 . 96 I EN Official Journal of the European Communities No C 161 / 43

WRITTEN QUESTION E-121 / 96

by Nikitas Kaklamanis ( UPE )

to the Commission

(1 February 1996 )

( 96 / C 161 / 74 )

Subject : Obstacles to freedom of international competition

in the production and marketing of duck
products

According to reports in the French press a Member State

( France ) appears to wish to take protective measures in
favour of its farmers, and in particular to have the
' protection of geographical indications ' designation
introduced in respect of foie gras from south-western France
only .

This measure would undermine freedom of international

competition in the production and marketing of duck
products and hinder the exportation of rival duck products
from other Member States, such as Greece .

Will the Commission say how it intends to address this
matter and what measures it intends to take to protect
freedom of international competition and the free
circulation of duck products ?

WRITTEN QUESTION E-153 / 96

by Konstantinos Hatzidakis ( PPE )

to the Commission

Council Regulation ( EEC ) No 2081 / 92 on the protection of
geographical indications and designations of origin ! 1 ) is
intended to protect geographical names of food products
against imitations unauthorized use . It defines precisely
what is understood by a protected designation of origin

( PDO ) and a protected geographical indication ( PGI ) and
what information has to be provided in support of any
request for registration ( see Articles 2 to 5 ).

Mindful of the rights of all producers, the legislating body
has included the Community-wide publication of all
applications in the registration procedure, so what anyone
whose legitimate interests are likely to be affected may
object to the registrations of a given name ( see
Article 7 ).

When processing applications, the Commission takes great
care in applying the provisions of the Regulation .

(') OJ No L 208, 24 . 7 . 1992 .

WRITTEN QUESTION E-139 / 96

by Jesus Cabezon Alonso and
Juan Colino Salamanca ( PSE )

to the Commission

(1 February 1996 )

( 96 / C 161 / 76 )

(1 February 1996 ) Subject : Investment in forestry

( 96 / C 161 / 75 )

With regard to reafforestation schemes co-financed by the

Subject : Attempts to enforce a ' protected geographical

indication ' for foie gras

There have been reports in the French press that certain local
authorities in France intend to propose a ' protected
geographical indication ' for foie gras, which originates from
the south-western regions of the country . Can the
Commission state its views on this subject and does it agree
that such a measure would be contrary to the rules
governing free competition within the European Union ?

Joint answer to Written Questions

E-121 / 96 and E-153 / 96

given by Mr Fischler
on behalf of the Commission

( 16 February 1996 )

The Commission has not yet received any request from the
French authorities regarding the registration of a protected
geographical indication for foie gras from south-western
France and cannot anticipate the content of any request in
this connection likely to be made in the future .

Cohesion Fund, how does the degree of implementation of
these schemes compare with the Commission's forecasts ?

What aid has been received by each of the Member States in
receipt of Cohesion Fund monies for investment in
forestry ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 28 February 1996 )

Among the afforestation projects submitted by the
autonomous regions of Spain, seven, grouped together by
river basin, were approved for Cohesion Fund financing last
year . The progress made in all of these schemes is set out in a
table which is being sent direct to the Honourable Members
and Parliament's Secretariat .

No afforestation projects were financed last year from the
Cohesion Fund in any other Member State .

No C 161 / 44 EN Official Journal of the European Communities 5 . 6 . 96

WRITTEN QUESTION E-155 / 96

by Gerardo Fernândez-Albor ( PPE )

to the Commission

initiatives to ensure that all parties abide by the rules set by
the Council .

(') OJ No L 71, 31 . 3 . 199 5 .
(1 February 1996 ) ( 2 ) OJ No L 199, 24 . 8 . 1995 .

( 96 / C 161 / 77 ) ( 3 ) OJ No L 261, 20 . 10 . 1993 .

Subject : Protection of the interests of Spanish vessels with

access to the fishing grounds of the Irish Box

According to the Association of Shipowners of Gran Sol de
Pontevedra, Spain ( Arsopol ), warning issued by Irish and
British fishermen about possible problems arising from
access by Spanish vessels to the fishing grounds of the area
know as the Irish Box are part of a deliberate attempt to
create a climate of tension .

The head of the association has said that they understand
that there will be an increase in monitoring and inspection in
these grounds and, consequently, he has called on fishermen
of the British Isles to act rationally so that no incidents take
place of the type which occurred during the halibut war .

In view of the evidence that the climate has deteriorated as a

result of these warnings by Irish and British fishermen, who
have even compared the Spanish vessels to the Spanish
Armada, does the Commission believe it should use its
authority and powers of arbitration to reduce the
unnecessary tension created by these declarations and
ensure that the existing rules are observed by all fleets
operating in the area ?

Answer given by Mrs Bonino

on behalf of the Commission

( 28 February 1996 )

With reference to the concerns raised by Spanish ship
owners concerning fishing in the Irish Box, the Commission
notes that the control authority concerned is required to
enforce Community legislation such as in particular Council
Regulation ( EC ) No 685 / 95 ('), No 2027 / 95 ( 2 ) and No
2847 / 93 ( 3 ), as amended by Regulation ( EC ) No
2870 / 95 ( 4 ).

The Commission calls on all parties, in particular the fishing
industry, to respect the new rules concerning the
management of fishing effort which entered into force on

1 January 1996 . Furthermore, all participants in the fishery
should refrain from any interference in the work of the
authorities .

( 4 ) OJ No L 301, 14 . 12 . 1995 .

WRITTEN QUESTION E-156 / 96

by Gerardo Fernândez-Albor ( PPE )

to the Commission

(1 February 1996 )

( 96 / C 161 / 78 )

Subject : Canada's wish to extend its 200-mile limit

Canada, which this year managed to reduce significantly
Spanish fishing activity around the Grand Banks of
Newfoundland as a result of the halibut war, sishers to
extend the waters under its jurisdiction beyond the standard
200-miles range .

Its intention is to expand the area currently under its
jurisdiction in the Atlantic and Arctic, with a view to
exploiting the reserves of fish, gas, oil and minerals in these
areas, according to a report by the Geological Survey of
Canada, a government agency .

It these plans come to fruition, areas rich in fishery
resources, such as the waters off Flemish Cap and the Nose
and Tail of Grand Banks, all of which are near
Newfoundland and have been used by Spanish fishermen
for centuries, would come under Canadian jurisdiction .

Is the Commission aware of these plans by Canada to extend
its limit of 200 sea-miles, which would cause serious damage
to the fisheries sector of the Community, and particularly
that of Spain, and what position or measures could it take to
prevent Canada from carrying out its intentions under
Article 75 of the Law of the Sea ?

Answer given by Mrs Bonino

on behalf of the Commission

( 19 March 1996 )

authorities . The Commission has information indicating that a

Canadian geological prospection body has recently begun
doing topographical research on parts of the Canadian
The current situation does not require any action by the continental shelf outside the 200-nautical-mile limit in the

Commission but if it will take the North-West Atlantic .

Commission, but if necessary it will take the appropriate

5 . 6 . 96 EN Official Journal of the European Communities No C 161 / 45

This does not seem to proceed from any intention on the
part of the Canadian authorities formally to extend
Canada's exclusive fishing zone beyond the 200-mile-limit .
In this connection a distinction has to be drawn between two

separate legal régimes, namely :

— the concept of the exclusive economic zone enshrined in

the 1982 United Nations Convention on the Law of the

Sea which recognises that a coastal State has sovereign
rights for the purpose of exploring and exploiting the
biological resources of the waters extending up to a
maximum 200 nautical miles from given baselines ;

— the arrangements concerning continental shelves which

include the sea-bed and its subsoil throughout the
natural prolongation of the coastal State's land territory .
The continental shelf may extend beyond the
200-mile-limit and the coastal State may exercise its
sovereign rights there for the purpose of exploring and
exploiting its natural resources, which include minerals
and living organisms belonging to sedentary species such
as shellfish .

In this case the topographical research is evidently centred
on the Canadian continental shelf, parts of which — such as
Flemish Cap and the Nose and Tail of Grand Banks — are in
fact outside the 200-mile-limit . More specifically, the
research in question would seem to have a bearing on
Article 76(7 ) of the above Convention under which the
coastal State is required to delineate the outer limit of the
continental shelf where that shelf extends beyond the 200
nautical miles .

WRITTEN QUESTION E-157 / 96

by Gianni Tamino ( V ) and Carlo Ripa di Meana ( V )

to the Commission

(1 February 1996 )

( 96 / C 161 / 79 )

Subject : Development of the port of Varazze

The Liguria Region and the ' Giostel — Marina di Varazze '
company intend to develop the present small port ( fourth
class ) of Varazze ( Savona ) to increase tourism in the
beautiful seaside resort . The regional authorities have
instructed their technical services to carry out an
environmenteal impact assessment which, according to
rumours, should soon be completed and will give the
go-ahead to the ' Giostel ' project .

A majority of the local inhabitants and members of the
Varazze municipal council ( the last local elections were held
last spring ) oppose this project and have themselves
commissioned independent experts ( including the

University of Genoa ) to carry out various studies, all of
which conclude that the project is unacceptable, particularly
in view of the geological problems facing the area, which is
already seriously affected by the present small port .

This is not the first instance of an environmental impact
assessment being used as a cover for various types of
speculation instead of protecting the environment and the
local population . Is the Commission aware of the above
problems ?

Does the Commission consider that it could and should take

vigorous action in support of the people of Varazze and the
local administration ?

What steps does the Commission intend to take to ensure
that bodies officially responsible for carrying out
environmental impact assessments under the laws of the
Member States meet the necessary requirements, in terms of
professionalism and independence, which the internal
departments of local and national administrations cannot
guarante ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 20 March 1996 )

The Commission has already been informed of the facts
related by the Honourable Members and has already
contacted the Italian authorities in order to obtain the

information needed in order to assess whether
Directive 85 / 337 / EEC ( 1 ) on environmental impact
assessment ( EIA ) has been correctly applied in this
instance .

It falls upon the Member States to designate the authorities
involved in the EIA procedure . Therefore, in line with the
principle of subsidiarity, the Commission is not empowered
to become involved in the aspects linked with
professionalism and the independence of the autorities as
designated .

Nevertheless, since it recognizes the practical difficulty
arising from the implementation of the Directive in the
Member States, the Commission, in cooperation with the
national authorities, has drawn up an action programme
which is intended to improve the EIA procedure . Among
others this programme includes measures for the production
of guides, the preparation of studies on procedural
efficiency, the carrying out and dissemination of case studies
and the holding of European workshops on EIA research
and training . The Commission also supports the setting-up
of a network of EIA centres in the Member States ( including
Italy ) in order to bolster the exchange of experience and to
improve know-how in this area .

f 1 ) OJ No L 175, 5 . 7 . 1985 .

No C 161 / 46 EN Official Journal of the European Communities 5 . 6 . 96

WRITTEN QUESTION E-l 77 / 96

by Kenneth Coates ( PSE )

to the Commission

(1 February 1996 )

( 96 / C 161 / 80 )

Subject : Environmental protection — mine-water
pollution

What progress has the Commission made in its investigation
of my complaint that, under British legislation, discharges
from abandoned mines have been exempted under pollution
control legislation, and that the 1 995 Environment Act
continues the exemption for mines abandoned before 1999 .
Do these arrangements conform with European
environmental law protecting the water environment ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 11 March 1996 )

The Commission has received from the United Kingdom
authorities clarification of the legal framework as it applies
in the United Kingdom to abandoned mines . It notes in
particular that certain legislative provisions will apply only
in respect of mines and parts of mines abandoned after
1 999 . The Commission is currently considering the action
which it will take in response to the reply by the United
Kingdom authorities .

WRITTEN QUESTION E-l 80 / 96

by Kenneth Coates ( PSE )

mining operations . It has no plans to conduct such research
in Britain .

WRITTEN QUESTION E-l 87 / 96

by Gerhard Schmid ( PSE )

to the Commission

(5 February 1996 )

( 96 / C 161 / 82 )

Subject : Kaleidoscope — my Written Question
E-2128 / 95

1 . In its answer to my Written Question E-2128 / 95 (^,
the Commission states, in paragraphs 1 and 2, that one
Category A official, one Category B official and one
Category C official have been working intensively for six
months on the management of the Kaleidoscope
programme and it sent me the salary scales of Commission
officials . In order to calculate the exact amount, I should be
grateful if the Commission would also send me details of the
grades and salary increments of the officials concerned .

2 . How many outside staff have been brought in to
support the three Commission officials and what are the
resulting costs ?

3 . How is the estimated figure of ECU 130 000 for the
administrative costs of managing the Kaleidoscope
programme broken down ? How is this sum arrived at when
the Commission says it is practically impossible to quantify
the exact costs of personnel and equipment ?

4 . Why does the Commission not draw up a
cost-estimate so that it can establish the administrative costs

of programmes such as Kaleidoscope more precisely ?

to the Commission (!) OJ No C 340, 18 . 12 . 1 995, p . 15 .

(1 February 1996 )

( 96 / C 161 / 81 )

Answer given by Mr Oreja
on behalf of the Commission

Subject : Environmental protection — health effects of ( 19 March 1996 )

open-cast coal-mining

What research has the Commission initiated into the effects

on the health of local communities of open-cast mining
operations ? Would it consider conducting such research in
Britain ?

Answer given by Mr Flynn
on behalf of the Commission

( 16 February 1996 )

The Commission has not initiated any research into the
effects on the health of local communities of open-cast

The Commission appreciates the Honourable Member's
continued interest in the costs of administering the 1994
Kaleidoscope pilot project .

1 . The 1994 Kaleidoscope programme was administered

by three officials ( A / 4, B / 2 and C / 3 respectively ) who in
addition performed other duties in the unit, for which an
A / 3 official had overall responsibility .

However, the structure is no longer operating in this
form following the retirement of the B / 2 official and the
assignment of the A / 4 official to other tasks in the unit .
In 1 996 the Kaleidoscope programme will therefore be
administered more particularly by a senior consultant, a
junior consultant and a C / 3 official, and they will

5 . 6 . 96 I EN | Official Journal of the European Communities No C 161 / 47

continue to report to the Head of Unit . As was the case in
previous years, other members of the unit will be called
on to assist on a temporary basis for the reasons given in
the answer to Written Question E-2128 / 95 .

2 . In 1994, two other members of the unit recruited as
outside staff were called on to help on a temporary
basis .

3 . The figure of ECU 130 000 should be regarded as no
more than a rough estimate . As explained previously, it
is difficult to give an exact figure, because of the
difficulty of determining the cost of necessary
equipment and infrastructure ( offices, computers,
telephone, fax, paper, pens, etc .) on the one hand, and
the difficulty of determining within the overall
remuneration the exact share directly corresponding to
management of the Kaleidoscope pilot project on the
other . This amount includes the cost of organization of
the panel, a rough estimate of the salaries of officials and
temporary staff and the cost of equipment and
infrastructure .

4 . The Commission would remind the Honourable

Member that in the cultural field, projects such as
Kaleidoscope were not adopted by Council Decision

( adoption of the Kaleidoscope programme is scheduled
for mid-March ) but have to date operated as pilot
projects with limited human and financial resources .
The modest level of these resources makes it impossible
to distinguish clearly the tasks relating to the various
activities administered by the Commission under its
cultural policy . The various members of staff concerned

( officials and outside staff ) have worked on
Kaleidoscope and on all the other tasks handled by the
unit . At the present time it is impossible to establish a
precise breakdown of the administrative costs of each
project .

In addition, it should be recalled that Community
expenditure is executed in accordance with Parliament's
remarks and is monitored by the Court of Auditors .

WRITTEN QUESTION E    - 1 96 / 96

by Martina Gredler ( ELDR )

to the Commission

(5 February 1996 )

( 96 / C 161 / 83 )

Subject : Safety of escalators in Europe

Studies in the United States of America have shown that the

safety of escalators cannot always be guaranteed, A city the
size of Boston has to reckon with some 150 people being
injured each year . The main reason for this is that the gap
between the moving part of the escalator and the sides is too
wide, leading to an alarming number of foot injuries and of

extensive soft-tissue injuries to the lower leg . An extremely
high proportion of the injured are small children .

Is the Commission aware of any similar studies carried out
in the Member States of the European Union ?

If so, what are their findings ?

Are there any uniform European rules laying the maximum
distance permitted between the moving part of the escalator
and the side panels ?

Can we count on a Commission proposal to restrict the
distance between the moving part of the escalator and the
side panels to a few millimetres ?

How soon could the Commission set measures in train to

increase the safety of escalators ?

Answer given by Mr Bangemann

on behalf of the Commission

( 13 March 1996 )

The Commission is aware of the risk in old escalators of

injuries due to trapping between the fixed side panels and
the moving steps, and between the teeth of the fixed combs
and the steps .

It has no knowledge of any detailed studies concerning this
type of accident, which mainly occurred on old escalators
having wooden steps ( side play greater owing to the
step-location system and larger combs ).

Escalators are machines within the meaning of Directive
89 / 392 / EEC ( 1 ), as amended by Directives 91 / 368 / EEC ( 2 ),
93 / 44 / EEC ( 3 ) and 93 / 68 / EEC ( 4 ). That Directive, which
applies to new machines and which has been fully
implemented since 1 January 1995, covers the risk described
above in a satisfactory manner . The Directive provides that
machines complying with a harmonized standard benefit
from a presumption of conformity . In this instance the
European Committee on Standardization has drawn up
standard EN 115 ' Safety rules for the design and installation
of escalators and travelators ', the reference to which has
been published ( 5 ). This standard provides that the side play
between the steps and the panels may not exceed 4 mm .

The Commission would remind the Honourable Member

that the Member States bear sole responsibility for
maintaining or improving the level of safety of equipment in
service .

0 ) OJ No L 183, 29 . 6 . 1989 .

( 2 ) OJ No L 198, 22 . 7 . 1991 .

( 3 ) OJ No L 175, 19 . 7 . 1993 .

( 4 ) OJ No L 220, 30 . 8 . 1993 .

( 5 ) OJ No C 165, 1 . 7 . 1995 .

No C 161 / 48 EN Official Journal of the European Communities 5 . 6 . 96

QUESTION E-205 / 96 WRITTEN QUESTION E-217 / 96
Garci'a-Margallo y Marfil ( PPE ) by Undine-Uta Bloch von Blottnitz ( V )

to the Commission to the Commission

WRITTEN QUESTION E-205 / 96
by José Garci'a-Margallo y Marfil ( PPE )

(5 February 1996 )

to the Commission

(9 February 1996 )

( 96 / C 161 / 84 ) ( 96 / C 161 / 85 )

Subject : Declaring regions to be at a disadvantage due to

specific constraints Subject : Drift-nets

On 15 November 1995 I asked ( No E-3238 / 95 ) C ) the
Commission whether it intended to include the municipal
districts of Cabanes, Oropesa del Mar and Torreblanca in
the province of Castellôn in the Community list of regions at
a disadvantage due to specific constraints, since these
districts are being badly damaged by the high levels of salt in
the region's aquifers .

The Commission replied on 20 December 1995 ( No 3238 /
95ES ) to the effect that soil salinity is one of the criteria
which appears in Directive 75 / 268 / EEC ( 2 ) ( Spain ),
concerning the Community list of less-favoured regions,
stressing however that it is up to the Spanish authorities to
ascertain whether the salinity levels are such that the
districts should be put forward for inclusion on the list .

That the Spanish Government is perfectly aware of the
situation in which these districts find themselves is quite
clear from its reply to a question put by Senator Prim, which
stated that ' the proposal that the Community list in question
be amended will be made to the Commission at the
appropriate time ; the latter is currently in the process of
reviewing its demographic and agricultural parameters with
a view to updating the delimitation of regions at a
disadvantage '.

Last year, the Council took a final decision on permitting
the use of drift-nets of up to 2,5 km in length . In so
doing, it disregarded decisions taken by Parliament and
the Commission's proposals . In practice, however, the
Council's Decision has not improved the situation in any
way . Studies by the Commission have shown that controls
on the use of drift-nets are weak . Effective monitoring
would be expensive . The European rules are consequently
not a suitable basis for achieving the desired objective . To
date, only Spain and Portugal have adopted more stringent
national rules, which totally prohibit the use of drift-nets in
their coastal waters . Nevertheless, the seizure of drifters,
mainly from France, is a common occurrence even there .

1 . What action does the Commission intend to take, given

that the EU-wide rules are totally unsatisfactory and
monitoring thereof is totally inadequate ?

2 . Is it considering a further amendment to Council
Regulation ( EEC ) No 3094 / 86 ( ] ) with the aim of
introducing a blanket ban on the use of drift-nets by the
Community's fishermen ? If so, when could such a ban
begin ?

3 . What is it doing to improve controls on the improper use

of drift-nets by the Community's fishermen ?

Since the situation is extraordinarily critical, I would ask
whether the Commission knows of any proposal from
the Spanish Government that the municipal districts of 4 . Does it agree that acceptance of the European
Cabanes, Oropesa del Mar and Torreblanca, in the province institutions as policy-making bodies is weakened by the
of Castellôn ( Spain ) be included in the Community list of fact that the Council displays such blatant disregard for

the Commission's proposals and Parliament's decisions

regions at a disadvantage within the meaning of Directive
75 / 268 / EEC ? and that Regulations and Directives are impracticable

and constantly flouted because they do not provide for
adequate monitoring ?
(') OJ No C 91, 27 . 3 . 1996, p . 47 .

( 2 ) OJ No L 128, 19 . 5 . 1975, p . 1 .

H OJ No L 288, 11 . 10 . 1986, p . 1 .

Answer given by Mr Fischler
on behalf of the Commission

( 23 February 1996 ) Answer given by Ms Frau Bonino

on behalf of the Commission

( 12 March 1996 )

The Commission has so far received no proposal, pursuant
to Directive 75 / 268 / EEC, to include the municipal districts
referred to by the Honourable Member in the list of
disadvantaged regions . The Commission has sent the Council a proposal for the
phased introduction of a comprehensive ban on drift-net
fishing ^). This proposal is still before the Council . Its entry
into force and the detailed procedures are dependent upon a

5 . 6 . 96 UtN Official Journal of the European Communities No C 161 / 49

Council Decision . The Commission is willing to consider
any proposals for amendment by the Presidency which
might open the way for an acceptable compromise solution
within the near future .

Control of drift-net fishing has seen considerable
improvements recently . The Honourable Member's claim
that control measures are totally inadequate does not
therefore reflect the actual situation . The Commission's

chartering last year of an inspection vessel and the tightening
of controls by the inspection authorities of the Member
States have led to a significant reduction in the number of
infringements of Community rules .

The views expressed by Mr Cameron to Austrian journalists
were his own . He spoke neither for the Commission nor for
Mr Van den Broek .

WRITTEN QUESTION E-227 / 96

by Susanne Riess-Passer ( NI )

to the Commission

(') OJ No C 118, 29 . 4 . 1994 . (9 February 1996 )

( 96 / C 161 / 87 )

Subject : Transposition of EU Directives by Member
States
WRITTEN QUESTION E-226 / 96

by Susanne Riess-Passer ( NI )

to the Commission

(9 February 1996 )

( 96 / C 161 / 86 )

Subject : Neutral status of Austria as a Member State

Fraser Cameron, a close adviser of Hans van den Broek, the
Commissioner responsible for foreign and security policy,
told Austrian journalists on Tuesday, 21 November 1995
that neutrality was incompatible with the European security
partnership, likening it to fare-dodging rather than to
merely having a free ride . He said the EU had been wrong to
accept Austria's neutral status during the negotiations on
accession . Unofficial sources do not deny that Mr Cameron
was expressing a view which is also held by Commissioner
van den Broek . Representatives of the Austrian Government
have, however, dismissed these comments as totally
irrelevant, arguing that Mr Cameron is only a middle ­
ranking EU official whose office does not deal with such

matters .

1 . What are Mr Cameron's duties in Mr van den Broek's

private office ?

2 . Are Mr Cameron's remarks in line with the

Commission's views on this matter ?

A report by Commissioner Monti shows that Austria comes
fifteenth, and hence last, as regards the transposition of EU
Directives into national law . The other 14 Member States

have on average transposed 93 % of the 1 306 Single
Market Directives, whilst Austria has transposed only 81 %
of them .

The Austrian Federal Chancellery official responsible for
coordinating EU affairs said that this was due to difficulties
affecting communication, which have since been
resolved .

1 . Does the Commission agree that Austria's failure to
transpose EU Directives is due solely to difficulties
affecting communication between the EU and Austria ?
If so, what is the nature of those difficulties ?

2 . If it does not agree, what does it consider to be the main
reasons for Austria's failure to transpose EU
Directives ?

3 . Does it plan in future to impose penalties on Member
States which fail to transpose EU Directives ?

Answer given by Mr Monti
on behalf of the Commission

Answer given by Mr Van den Broek (6 March 1996 )

on behalf of the Commission

( 27 March 1996 )

The report on the transposai of measures resulting from the
White Paper, which was presented by the Commission at the

Mr Cameron is not a member of Mr Van den Broek's private
office . He works in the Central Planning Department for
External Relations in Directorate-General IA .

Council meeting ( internal market ) of 23 November 1995,
refers to two tables describing the situation as at
21 November 1995 :

No C 161 / 50 EN Official Journal of the European Communities 5 . 6 . 96

( a ) The first table covers the transposai in the 15 Member
States of the 27 5 Directives resulting from the White
Paper . The rate of transposai of Austria is 87,8 %,
compared with 93,2% for the Community as a
whole .

( b ) The second table shows the transposai of all Directives

relating to the internal market, with reference to the

1 308 Directives in force . Transposai averages 90,4 %
overall, while for Austria it is 86,9 % . These figures are
still provisional, however, since the situation regarding
transposai in the new Member States will be updated in
the light of notifications of national implementing
measures presented to the Commission at bilateral
meetings held in February .

1 . and 2 . Most of the cases of failure to notify national
implementing measures would seem to be
connected with problems of communication .

3 . In its capacity as guardian of the Treaties, the
Commission will, by virtue of Article 169 and,
where appropriate, Article 171 of the EC Treaty,
take the measures in its power in order to ensure
compliance with Community law .

established at the Maastricht-Aachen airport and only
airport-related businesses at the Technoport Europe ?

If these restrictions were to be lifted, does the region actually
need additional industrial areas ? Will this ERDF subsidy not
lead to distortion of competition with other industrial zones
in the same Objective 2 region ?

What does the Commission mean by ' zoning plan ' in its
answer to my Written Question E-3050 / 95 . Is it referring to
the South Limburg regional plan ( February 1987 ), parts of
which are currently being revised to create a new industrial
area to the east of the existing T echnoport Europe industrial
zone ?

Is the allocated ERDF subsidy also intended for this
area ?

(') OJ No C 109, 15 . 4 . 1996, p . 19 .

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

(7 March 1996 )

WRITTEN QUESTION E-246 / 96

The intended integrated business site comprises the site of

by Nel van Dijk ( V ) Technoport Europe and part of the waste land of the site of

to the Commission Maastricht-Aachen airport, situated east of the existing

business site Technoport Europe . For the time being this

(9 February 1996 )

intended integrated business site has been reserved for

( 96 / C 161 / 88 ) airport linked activities . Depending on the decision of the

Netherlands authorities regarding the further development
of the airtport, this temporary restriction can be lifted . The
part destined for other activities is not included in the
Subject : ERDF support for the Maastricht-Aachen project financed by the European Regional Development
Fund ( ERDF ).
airport

by Nel van Dijk ( V )

to the Commission

(9 February 1996 )

( 96 / C 161 / 88 )

In its answer of 20 December 1995 to my Written Question
E-3050 / 95 i 1 ) of 15 November 1995 the Commission refers
to the ERDF subsidy of four million guilders for the joint
development of the Maastricht-Aachen airport and
Technoport Europe into a single integrated site :

' The business site is so well located . . . that even in the

event of no further development of the airport, it will be a
good location for companies . . .'.

How does this assertion fit in with the South Limburg
regional plan and the Beek commune zoning plan, which
specify that only aviation-related businesses should be

A need exists for well located, high quality business sites .
This need has been explicity stated in the Objective 2
programme for South Limburg, 1994-1996 . The ERDF
subsidy will not cause a disturbance of competition with
other business sites .

By the term ' gewestplan ', ' bestemmingsplan van de
gemeente Beek ' was meant . The ERDF contribution
concerns the entire intended integrated business site as
described above .

5 . 6 . 96 fEN Official Journal of the European Communities No C 161 / 51

WRITTEN QUESTION E-256 / 96 WRITTEN QUESTION

by Robin Teverson ( ELDR ) by Mar en Giinther ( PPE )

WRITTEN QUESTION E-266 / 96

by Robin Teverson ( ELDR )

to the Commission to the Commission

(9 February 1996 ) (9 February 1996 )

( 96 / C 161 / 89 ) 96 / C 161 / 90 )

Subject : Use of appropriations under budget item B7-5010

Subject : Commission support of research into fishing

gear

A recent commercial trial of separator trawls undertaken by
British Fishermens ' Organizations in collaboration with the
UK Government has produced very positive results . Trawls
that were fitted with adapted codends improved selection by
species and size, therefore reducing the number of fish that
had to be discarded .

Does the Commission intend to financially support further
research and encourage the wider use of such gear ? Would
not this help to improve stock management and reduce the
rate of discards, as part of a strategy to reduce the reliance
upon TACs and quotas, whilst introducing technical
measures that are easier to enforce ?

by the Commission in the financial year 1995

To the best of my knowledge the Commission ( DG VIII ) did
not succeed in fully utilizing appropriations available under
budget item B7-5010 for the joint financing of NGO
projects in the 1995 financial year . Moreover, applications
appear to have been approved and processed sluggishly .

How many project contracts were concluded, and for what
total amount ?

How many project applications have still not been
processed ?

What happened to the residual appropriations ?

Answer given by Mr Pinheiro

on behalf of the Commission

( 18 March 1996 )
Answer given by Mrs Bonino

on behalf of the Commission

( 14 March 1996 )

At the meeting of the Fisheries Council of 21 / 22 December

1995, the Commission undertook to present, by 1 June
1996, proposals for the improvement of the technical
measures applicable to the fishing activity in Community
waters . With this aim, the Commission is currently working
on possible proposals to reduce the catch of juvenile fish in
Community fisheries .

The use of separator trawls is certainly one of the possible
measures being examined as a method to improve the
selectivity of fishing gear, and if the available information
shows its effectiveness, the Commission is prepared to
include provisions regarding the use of separator trawls in
the proposal .

The Commission attaches considerable importance to the
study of technical measures that would effectively improve
selectivity . If the Commission identifies the need for
additional research on the effects of separator trawls, it
would certainly be prepared to give its support .

There were indeed delays in dealing with co-financing
applications in 1995 on account of a rapid expansion in the
funds available that was not matched by any increase in staff
to deal with them . Staff also have to keep track of projects
that are already being financed, which, for the record,
represented a workload of 2 800 projects in 1995, plus
2 350 mini-projects covered by block grants . Furthermore,
there was heavy pressure from non-governmental
organizations ( NGOs ) on funds for other development
requirements and the Commission therefore transferred
some funds to other budget headings where they would still
be used mainly for NGO financing . The Commission is
aware of the problem and offers its assurance that measures
to improve the future handling of co-financing dossiers will
be taken as quickly as possible .

In 1995, 776 contracts were awarded under heading
B7-5010 for a total value of ECU 157 million .

At year's end 456 co-financing applications were still being
appraised, most of which were received after July .

The unexpended balance was used as follows :

— rehabilitation : ECU 14,3 million for heading B7-641

( ex B7-5076 ),

— AIDS : ECU 1,35 million for heading B7-6211

( ex B7-5046 ),

No C 161 / 52 EN Official Journal of the European Communities 5 . 6 . 96

— training and promotion of awareness of development To repeat the question, therefore :

issues : ECU 0,9 million for heading B7-610

( ex B7-5031 ).

These funds have been allocated .

Has the Portuguese Government negotiated compensation
under the EU-Morocco trade agreement with a view to
supporting given Portuguese agricultural products ? If so,
which products will be covered, and what amounts are
involved ?

WRITTEN QUESTION E-267 / 96 (!) OJ No C 122, 25 . 4 . 1996, p . 12 .

by Wolfgang Nufêbaumer ( NI )

to the Commission

(9 February 1996 )

( 96 / C 161 / 91 ) Answer given by Mr Fischler
on behalf of the Commission

(7 March 1996 )
Subject : Cereal reserves in Austria

The level of cereal reserves in Austria fell in the second half

of 1995 from an original 70 days ' supply to 50 . As a
consequence of this shortfall in reserves, cereal prices began
to rise on the stock exchange ; but producer prices — these
rises in stock-exchanges prices notwithstanding — have
continued to fall .

What peculiarity of the cereals sector does the Commission
see as causing producer prices to fall at the same time as
stock-exchange prices go on rising ?

Answer given by Mr Fischler
on behalf of the Commission

(6 March 1996 )

Nothing in the information available to the Commission
suggests that producer prices for Austrian cereals diverged
from market prices in the second half of 1 995 .

On the basis of the provisional prices recorded by the Agrar
Markt Austria ( AMA ), common bread wheat producer
prices rose by 13,5 % between July and December 1995 and
feed barley prices by 11,4% .

In addition, these prices may attract some supplementary
payments if cooperative selling prices allow .

WRITTEN QUESTION E-2 76 / 96

by Honorio Novo ( GUE / NGL )

to the Commission

( 15 February 1996 )

( 96 / C 161 / 92 )

Subject : Impact of the EU-Morocco trade agreement on

agriculture

For reasons beyond my comprehension, the answer given on

19 January 1996 to my Question E-3195 / 95 ( ] ) completely
fails to deal with the points I raised .

No compensation is planned for the agricultural sector in
Portugal or any other Member State as a result of the
conclusion of the new Euro-Mediterranean Agreement
between Morocco and the Community .

The concessions granted in this sector, and in particular the
adjustment of the entry prices for some fruit and vegetables,
e.g . tomatoes and oranges, are aimed at maintaining
Morocco's traditional trade flows . They are not therefore
likely to cause Community producers a loss of income that
would warrant compensation .

WRITTEN QUESTION P-2 78 / 96

by André Laignel ( PSE )

to the Commission

(5 February 1996 )

( 96 / C 161 / 93 )

Subject : Export quotas eligible for subsidies in the fruit and

vegetable sector : preserved cherries and
provisionally preserved cherries

For the first year of application of the provisions laid down
by the agricultural section of the GATT Agreement with
regard to exports, the Commission, in Regulations ( EC )
No 1429 / 95 1 1 ) and ( EC ) No 1430 / 95 ( 2 ), set a limit on the
quantities of exports eligible for subsidies and reduced the
refund rates for products processed from fruit and
vegetables ( provisionally preserved cherries, peeled
tomatoes, preserved cherries, prepared hazelnuts and
orange juice ).

Since then, owing to the accession of Sweden, Finland and
Austria, the Commission has received a mandate from the
Council to readjust these limits by reducing the 91 / 93

5 . 6 . 96 EN Official Journal of the European Communities No C 161 / 53

reference quantity by the proportion accounted for by the
three new Member States .

The method used by the Commission can be disputed on
several grounds . It is making a linear cut of 20 % in the
reference for exports eligible for subsidies, a rate which
corresponds to the proportion of exports of all processed
fruit and vegetables to these three countries during the
reference period .

For some products such as preserved cherries and
provisionally preserved cherries, which are traded on a
modest scale in comparison to other sectors and where
external competition is particularly intense in view of
low-price imports from central and eastern European
countries, the above method is leading to striking
aberrations : for an average volume of Community exports
to Sweden, Finland and Austria of 140 tonnes, the
Commission has announced a 504-tonne reduction in the

ceiling, amounting to a penalization of 364 tonnes . The
maximum volume of exports for which refunds may be
granted will thus be cut from 2 496 to 1 992 tonnes for

1995 / 96 and will be progressively reduced up to the year
2001 . The situation for provisionally preserved cherries is
identical . The average volume of exports eligible for
subsidies to the three new countries amounts to 100 tonnes,
but the Commission has announced a 1 479 reduction in the

ceiling, i.e . a penalization of 1 379 tonnes . The Commission
is thus making preserved cherries and provisionally
preserved cherries bear part of the reductions required due
to the large flows of exports to Sweden, Finland and Austria
in products such as peeled tomatoes and orange juice .

In view of this situation, can the Commission apply its rule
of reducing the reference individually for each of the
products concerned in the processed fruit and vegetable
sector, since it is not acceptable for the Commission, as
planned, to apply an average rate of reduction which
penalizes ' minor ' products without taking account of their
added value or of the actual situation on the market ?

0 ) OJ No L 141, 24 . 6 . 1995, p . 28 .

( 2 ) OJ No L 141, 24 . 6 . 1995, p . 32 .

These negotiations led to adjustments in the quantitative
and spending imits under GATT based on subsidized
exports from the Community of 12 to the three new
Member States between 1991 and 1993 . For un-processed
and processed fruit and vegetables, this meant a cut in
GATT ceilings for the Community of 15 .

The GATT ceilings are applicable to all processed fruit and
vegetable products eligible for export refunds . The volumes
and spending levels for each product were established by the
Commission last June in Regulation ( EC ) No 1430 / 95 and
already reflect 1991 —1993 export flows from the
15-member Community . As a result, the cut needed to
comply with the new ceilings has to be made across the
board on all processed fruit and vegetable products so as not
to discriminate between them .

WRITTEN QUESTION E-286 / 96

by Gianfranco Dell'Alba ( ARE )

to the Commission

( 15 February 1996 )

( 96 / C 161 / 94 )

Subject : T ransposition into EU law of the UN provisions on

equal opportunities for disabled persons

The United Nations General Assembly adopted
Resolution A / RES / 48 / 96 on 20 December 1993 on common

provisions for equal opportunities for disabled persons and
called on all the Member States to implement them .

Will the Commission say to what extent these provisions
have been transposed by the European Union Member
States and what steps it has decided on or is intending to take
in order to press for their full implementation where they
have only been transposed in part ?

on Answer behalf given of the by Commission Mr Fischler Answer given by Mr Flynn
on behalf of the Commission
( 28 February 1996 ) ( 19 March 1996 )

Account needs to be taken of the outcome of negotiations
under Article XXIV ( 6 ) of the GATT on the quantities of
processed fruit and vegetable produce eligible for refunds
over the four months from March to June 1996

inclusive .

The Commission does not have a specific remit to monitor
the application by Member States of the rules on the
equalization of opportunities for disabled persons adopted
by the United Nations General Assembly on 20 December

1993 . This task has been delegated to a special rapporteur

No C 161 / 54 EN Official Journal of the European Communities 5 . 6 . 96

who is required to report to the UN Social Development
Commission .

However, under the Helios II programme, the Commission
is implementing a series of measures to help promote equal
opportunities for disabled persons in the Community . These
initiatives take full account of the recommendations

established by the UN rules .

Furthermore, in accordance with the Medium-term Social
Action Programme 1995-1997 f 1 ), the Commission will in

1996 propose the adoption by the Council of an appropriate
instrument with a view to bringing a Community dimension
to the efforts made in this field a world and national

level .

(') COM(95 ) 134 final .

WRITTEN QUESTION P-289 / 96

by Richard Howitt ( PSE )

to the Commission

(7 February 1996 )

( 96 / C 161 / 96 )

Subject : Selection of Article 10 projects

In the light of Commissioner Wulf-Mathies ' statement to
Parliament of 18 January 1996 that Member States will not
be able to interfere in the selection of Article 10 projects but
will simply be able to promote networks of cooperation
where applications are under-subscribed, will the
Commissioner specifically confirm that the practice of
informing Permanent Representatatives of successful
applications prior to publication of this decision by the
Commission will now not take place ?

Answer given by Mrs Wulf-Mathies

WRITTEN QUESTION E-287 / 96
on behalf of the Commission
by Jaak Vandemeulebroucke ( ARE )

( 22 February 1996 )
to the Commission

( IS February 1996 )

( 96 / C 161 / 95 )

Subject : Relations with outside agencies

In its answer to my Question E-2926 / 95 ( ! ) the Commission
said that it would draw the attention of its services to its

rules on languages .

May I remind the Commission of my original question, and
request an answer ; in particular, are the language rules
indicated in calls for tenders involving third parties, and
what action will the Commission take against outside
agencies failing to comply with such rules ?

(') OJ No C 56, 26 . 2 . 19 96, p . 54 .

Answer given by Mr Santer
on behalf of the Commission

( 25 March 1996 )

The Commission confirms that projects for financing under
Article 10 of the amended Regulation ( EEC ) No 4254 / 88 (^
are selected by it using a set of criteria that it has drawn up .
The Commission will be assisted in its task by a group of
independent experts .

The Commission also confirms that calls for proposals for
the different types of pilot project have been — or will be —
published in the Official Journal of the European
Communities . These calls for proposals are addressed to
regional or local authorities and, under the aegis of these
authorities, any other interested professional bodies .

However, in order to keep the Member States properly
informed, in view of their secondary liability under
Article 23 of the amended Regulation ( EEC ) No 4253 / 88 ( J ),
an annual report on the implementation and the results of
the various programmes conducted under Article 10 will be
sent to the Committee on the Development and Conversion
of Regions .

Moreover, after each round of project selection following a
call for proposals, the Commission will send interested
Member States a list of the projects concerning them . The
will then have 15 days in which to make any remarks .

The Commission reminds its outside contractors of the need
to comply with the Community's language rules in
invitations to tender . 0 ) OJ No L 193, 31 . 7 . 1993 .

5 . 6 . 96 LM Official Journal of the European Communities No C 161 / 55

WRITTEN QUESTION P-290 / 96

by Elisabeth Schroedter ( V )

to the Commission

(7 February 1996 )

( 96 / C 161 / 97

Subject : Commission communication on the place of towns

and cities in town and country planning policy

In its work programme for 1996, the Commission
announced that it would be drawing up a communication
on urban issues and the place of towns and cities in
European town and country planning policy ! 1 ).

In view of the fact that

— the European Parliament is holding a conference, in

cooperation with European local and regional
authorities and their representative bodies, at the
beginning of June 1996, in Brussels, on a democratic
Europe based on solidarity ;

— the United Nations is also holding its Habitat II

conference in June 1996, in Istanbul, where it will
discuss urban problems throughout the world, with
reference to town and country planning policy ;

— the European campaign for towns, cities and local

communities of the future, which supports the efforts
of local authorities to bring about sustained local
development, is to carry out its first interim review in
Lisbon in October 199 6 ;

can the Commission say whether

1, it has scheduled the drafting of its communication to
appear well in advance of these major international
conferences so that it can contribute its findings to these
policy discussions ?

2, it intends to involve Parliament early on in defining its
strategy for the role of towns and cities in Europe's town
and country planning policy ?

3, it has already drawn up a timetable for this ?

(M COM(95 ) 512 final .

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 26 February 1996 )

A communication on urban issues is included in the

Commission's work programme for 1996 . This
communication will probably focus on the problems facing
towns and cities and on socio-economic cohesion . It goes
without saying that other aspects of urban development
such as, for example, the urban environment and mobility in
towns and cities will also be taken into account .

The Commission is due to adopt the communication in
June . As regards the various international events scheduled
prior to that date, the Commission will pay close attention
to any contributions which could be included or taken into
account in the context of its communication . It particularly
welcomed the initiative taken by the European Parliament in
organizing a conference on the issue and plans to participate
actively in the proceedings .

Once approved, the communication will constitute a basis
for discussion between the Commission and the other

institutions with a view to launching a wide debate at
Community level with all the authorities concerned . It goes
without saying that the dialogue with Parliament on the
basis of this communication will be fundamental in helping
to define urban challenges and the role of the Community in
urban development .

WRITTEN QUESTION P-297 / 96

by Robert Evans ( PSE )

to the Commission

(7 February 1996 )

( 961 C 161 / 98 )

Subject : ESF 1994 payments — United Kingdom

In the UK, recipients of ESF money for 1994 have been told
they will only receive 95 % of the final tranche of the
allocated grant .

UK Government officials say this is as a result of currency
conversion costs . Is this correct ? Can the Commission

advise how recipients, particularly small ones, are supposed
to plan ahead, if they are to receive back-dated grants late
and incomplete ?

Answer given by Mr Flynn
on behalf of the Commission

( 20 March 1996 )

The Commission is aware that up to now only 95 % of the

1994 European Social Fund ( ESF ) entitlement has been
made available to beneficiaries by the British authorities
( i.e . leaving 5 % retention ). While the issues involved are
complex in that they are directly linked to currency
conversions to ECU, they are at present under review by
these authorities .

The Commission is concerned to ensure that the position
is now resolved by reference to the Member State
requirements as set out under Article 21.3 ( 2nd paragraph )
of the Coordination Regulation ( Council Regulation ( EEC )
No 4253 / 88 of 19 December 1988, laying down provisions
for implementing Regulation ( EEC ) No 2052 / 88 as regards
coordination of the activities of the different Structural

Funds between themselves and with the operations of the
European Investment Bank and the other existing financial
instruments ) (*). In this context, it is particularly aware of

No C 161 / 56 EN Official Journal of the European Communities 5 . 6 . 96

the added impact of retention of ESF funding on the smaller The Commission would also note that the sectoral approach
and more vulnerable voluntary sector organizations . originally adopted by the Community to questions of

qualifications and diplomas has given way to a horizontal
system of general recognition .
An update of the position as it relates to 1994 will be
communicated directly to the Honourable Member and
to the Secretariat-General of the Parliament following
the completion of the current review by the British
authorities .

WRITTEN QUESTION E-346 / 96
( ! ) OJ No L 374, 31 . 12 . 1988 .

by Thomas Megahy ( PSE )

to the Commission

( 22 February 1996 )

( 96 / C 161 / 100 )

Subject : Student mobility within the EU

WRITTEN QUESTION E-336 / 96

by Amedeo Amadeo ( NI )

to the Commission

( 22 February 1996 )

( 96 / C 161 / 99 )

Subject : Private security firms

A great many statistics show that organized crime is
spreading throughout Europe and the traditional forces of
law and order have insufficient manpower to tackle the
problem . This has led to the emergence of numerous private
security firms in Europe and has, on the one hand, exposed
loopholes in the laws regulating them and, on the other
hand, revealed some of these firms to be unreliable, which
has simply exacerbated the problem of crime .

Does the Commission not consider it advisable to issue a
Directive laying down common rules and standards for all
the Member States in order to bring about an improvement
in the quality of service and the guarantees offered by
operators in this sector ?

Answer given by Ms Gradin
on behalf of the Commission

(2 April 1996 )

In May last year I was informed by the Commission ( in
response to Written Question E-1097 / 95 (*)) that a number
of studies on the subject of student mobility were being
conducted, that the results were due by the end of the year,
and that the feasibility of any initiatives to promote student
mobility between Member States would be assessed in the
light of these results .

Could the Commission give details of the studies ' finding
and outline what proposals, if any, are to be brought
forward on the basis of these findings ?

(') OJ No C 209, 14 . 8 . 1 995, p . 43 .

Answer given by Mrs Cresson

on behalf of the Commission

(1 April 1996 )

Student mobility is indeed a very important issue in the
context of a European dimension of education, and of
European citizenship in general . The Commission is fully
aware of this and, in addition to the studies conducted on
Erasmus, has supervised an overview and an analysis of
student flows throughout Europe .

The Commission is presently drafting a green paper on the
various obstacles to mobility, including obstacles to transfer
of national grants or other financial help to students . A
Community initiative in this specific area is presently under
consideration, as already announced in the Commission's
white paper ' teaching and learning — towards the learning
society ' ( Objective 1 H 1 ).

In reply to the Honourable Member's question about the
possibility of a Directive on the qualifications of private f 1 ) COM(95 ) 590 final .
security guards, the Commission would point out that it is
for the Member States to decide whether or not to regulate
particular occupations at national level .

5 . 6 . 96 EN Official Journal of the European Communities No C 161 / 57

WRITTEN QUESTION E-357 / 96

WRITTEN QUESTION E-3 77 / 96

by Rinaldo Bontempi ( PSE )

Bontempi ( PSE ) by Freddy Blak ( PSE )

to the Commission to the Commission

( 22 February 1996 )

to the Commission

( 22 February 1996 )

( 96 / C 161 / 101 ) ( 96 / C 161 / 102 )

Subject : Infringement by Italy of the Directives on health

and safety at work

In Italy, a limited number of the provisions of the Directives
on health and safety at work Nos 89 / 391 / EEC (^,
89 / 654 / EEC ( 2 ), 89 / 655 / EEC ( 3 ), 89 / 656 / EEC ( 4 ),
90 / 269 / EEC ( 5 ), 90 / 270 / EEC ( 6 ), 90 / 394 / EEC ( 7 ), and
90 / 679 / EEC ( 8 ) were initially transposed into Italian law
after a three-year delay ( Decree Law No 626 of
19 September 1994 ), whilst transposai of the remaining
obligations, specifically the evaluation of risk factors, was
postponed three times ( the last occasion was under Decree
Law No 28 of 19 January 1996, which provides for their
entry into force on 19 March 19 96 ).

Directive 90 / 270 / EEC, in particular, is already the subject of
proceedings in the Court of Justice brought by the Italian
Public Prosecutor's office at the Turin district court when it

requested a preliminary ruling on a flagrant inconsistency
between the definition of ' worker ' given in the
abovementioned decree and that given in the Directive .

Does the Commission intend to establish whether the

conditions exist to open infringement proceedings against
Italy ?

Subject : Discrimination on the basis of sexual
orientation

There is still discrimination against homosexual EU
officials ; those living in stable relationships are still denied
the benefits enjoyed by married EU officials .

A petition ( 597 / 95 ) has been lodged with the Committee on
Petitions calling for changes in the Staff Regulations, but
nothing has yet happened, although the petition was signed
by 704 EU officials and was favourably received by the staff
organizations . Moreover, changes in staff policy would be in
line with those in a number of Member States already
recognizing homosexual relationships on the same footing
as heterosexual ones .

When will the Commission be taking action to put a stop to
this biased and completely unreasonable discrimination ?

Answer given by Mr Liikanen

on behalf of the Commission

n OJ [No] [ L] 183, [29] [ .] 6 . 1989, p. 1 . on behalf of the

( 2 ) OJ [No] [ L] 393, [30] [ .] 12 . 1989, p. 1 . ( 15 March 1996 )

( 2 ) OJ [No] [ L] 393, [30] [ .] 12 . 1989, p. 1 .

( 3 ) OJ [No] [ L] 393, [30] [ .] 12 . 1989, p. 13 .

( 4 ) OJ [No] [ L] 393, [30] [ .] 12 . 1989, p. 18 .

( 5 ) OJ [No] [ L] 156, [21] [ .] 6 . 1990, p. 9 .

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

( 7 ) OJ [No] [ L] 196, [26] [ .] 7 . 1990, p. 1 .

The Commission would first point out that it has always

( 8 ) OJ [No] [ L] 374, [31] [ .] 12 . 1990, p. 1 . been systematically opposed to any discrimination

whatever, including on the grounds of sexual orientation,
and that no provision of the Staff Regulations countenances
such discrimination .
Answer given by Mr Flynn
on behalf of the Commission

( 21 March 1996 )

The Commission has been informed about the delay in the
entry into effect of some provisions of DL No 626, and has
requested information from the Italian authorities . The
Commission will not hesitate to take the necessary steps,
including opening of proceedings under Article 169 EC
Treaty if necessary, to assure the respect of Community
law .

The Commission will consider the implications of the
preliminary question raised by the Turin court when the
judgment of the Court of Justice is delivered .

A proposed amendment to the Staff Regulations would
protect officials against discrimination on the grounds of
sexual orientation on recruitment or during their career .

However, the Staff Regulations of Officials as they stand
take account only of the situation of married couples and the
family situation arising from marriage . Unmarried couples,
whether homosexual or heterosexual, do not enjoy any
entitlements under the Staff Regulations .

National legislation on unmarried couples varies widely
from one Member State to another . The Commission is

closely following developments in legislation in this field in
order to be able to draw the appropriate conclusions when
the time comes .

No C 161 / 58 EN Official Journal of the European Communities 5 . 6 . 96

In this spirit, the Commission is studying specific measures ( in tonnes )
not for have de to no facto be financial included homosexual impact in the or Staff . heterosexual Regulations couples and which, which will are CN Tomatoes 070200 Imports into the from Community Morocco Consignments Spain Member to the States other from

Consignments from

Spain to the other

Tomatoes

CN 070200

Imports from Morocco

into the Community

Member States

WRITTEN QUESTION P-3 85 / 96

by Jesus Cabezôn Alonso ( PSE )

to the Commission

( 13 February 1996 )

( 96 / C 161 / 103 )

Subject : Spanish and Moroccan tomato exports

How did Spain's exports of tomatoes to the rest of the EU
evolve between 1986 and 1995 ?

What are the forecasts for the next few years ?

How did Morocco's exports of tomatoes to the EU evolve
between 1986 and 1995 ?

What are the forecasts for the next few years ?

Answer given by Mr Fischler
on behalf of the Commission

( 29 February 1996 )

The Honourable Member will find in the table below

statistical data on both Community imports of tomatoes
originating in Morocco and consignments of tomatoes from
Spain, including the Canary Islands, to the other Member
States during the period 1986-1995 .

These statistics show a very significant increase in
intra-Community trade, in particular during the past two

years .

The Commission has no available forecasts on the future
development of tomato consignments from Spain to the rest
of the Community ; however, current trends are expected to
continue for the next few years in view of the recent
agreement concluded between the Community and
Morocco, which is intended inter alia to maintain
traditional trade flows in tomatoes from this third

country .

1986 93 482 347 788

1987 93 194 218 436

1988 80 968 356 459

1989 91 874 347 907

1990 106 319 291 885

1991 135 808 331 391

1992 131 920 414 630

1993 164 360 433 167

1994 148 297 618 426

1995

( January — June ) 84 491 404 581

Source : Eurostat-Comext .

WRITTEN QUESTION E-387 / 96

by Laura Gonzalez Alvarez and

Alonso Puerta ( GUE / NGL )

to the Commission

( 22 February 1996 )

( 96 / C 161 / 104 )

Subject : Recognition of the Asturian language by the

European Bureau for Lesser-Used Languages

For some time, the Asturian Language Academy has been
expressing concern at the negative attitude of the European
Bureau for Lesser-Used languages with regard to
recognizing the Asturian language .

On 15 December 1994 a number of MEPs wrote to the

above Bureau setting out the reasons why, in our opinion,
the Asturian language should be recognized as a minority
language, including :

— protecting and teaching the language is provided for in

the Statute of Autonomy for Asturias ;

— an officially recognized Asturian Language Academy

exists to normalize its use ;

— it is taught in more than 30 % of State schools in the

Principality of Asturias ;

— ' Asturian philology ' exists as a field of study in the

University of Oviedo ;

— the Asturian Government has a language policy bureau

to disseminate the Asturian language .

Does the Commission not consider that the marginalization
of the Asturian language by the above European Bureau is

5 . 6 . 96 I r, N | Official Journal of the European Communities No C 161 / 59

liable to damage the linguistic and cultural heritage of
Asturias ?

What initiatives is the Commission prepared to take to
enable the Asturian language might be recognized by the
European Bureau for Lesser-Used Languages ?

Answer given by Mrs Cresson

on behalf of the Commission

( 11 March 1996 )

The European Bureau for Lesser-Used Languages, referred
to by the Honourable Members, is an independent body .
Consequently, its publications do not necessarily reflect the
Commission's point of view .

As for the Bureau's attitude to the Asturian language, the
Commission is sending the Honourable Members and the
Secretariat-General of the European Parliament the
brochure ' Key-words : the world of lesser-used languages '
published in 1995 .

Furthermore, since 198 9 the Commission has been funding
projects submitted by the Asturian Language Academy,
under budget heading B3 1006 .

contribution the childcare network has made to this

work .

The Commission is committed to the continuation of work

and research in this area . Indeed, the better reconciliation of
work and family life is a key priority of the Community
fourth action programme on equal opportunities for women
and men ( 1996-2000 ) ( ] ). However, the fourth action
programme also makes clear the need to develop measures
and research in partnership, and within a transparent and
coherent structure . It is for this reason that the fourth action

programme makes provision for the Anima structure, which
will integrate research on several areas previously covered
by the Commission's equality networks . It will therefore
replace existing structures, including the childcare
network .

Far from reducing efforts in the important area of
reconciliation, the Commission believe that the Anima
structure will increase the focus on this area and provide
more effective, coordinated research and analysis . The
Commission intends to ensure that the important work and
expertise gained through the operation of the childcare
network is made available to Anima .

(M COM(95 ) 381 final .

WRITTEN QUESTION E-437 / 96

by Amedeo Amadeo ( NI )
WRITTEN QUESTION E-426 / 96

to the Commission

by Anita Pollack ( PSE )

( 29 February 1996 )
to the Commission

( 29 February 1996 )

( 96 / C 161 / 105 )

Subject : Childcare Network

It has been said that the work of Network will be ended in

June 1996 . Since this is extremely important work and the

provisions called for in the recommendation on childcare
are only undertaking their first review during 1996, why is
this network being stopped ?

Answer given by Mr Flynn
on behalf of the Commission

( 20 March 1996 )

The Commission has long recognised the importance of the
reconciliation of work and family responsibilities, both to
promote the representation of women in labour market, and
to allow both parents to play a full part in the care of their
families . Reconciliation has been a major strand of the
Commission's work in the area of equal opportunities and
the Commission has greatly valued the significant

( 96 / C 161 / 106 )

Subject : The drug Adalat

The Commission has decided to fine the company Bayer
ECU 3 million for obstructing intra-Community trade in the
drug Adalat . Without calling into question the decision
regarding the breach of Article 85(1 ) of the EEC Treaty,
which prohibits concerted practices that have the effect of
restricting trade in goods within the single market, would
the Commission answer the following questions :

1 . Is it true that Bayer Spain and Bayer France placed
orders with the parent company for quantities of the
drug Adalat in excess of their requirements in order to
export the excess quantities to the United Kingdom at
higher prices ?

2 . It is true that Bayer practices a prices policy different
from that pursued by other pharmaceutical companies
in the various Member States ?

3 . Could not the fact that the drugs went from Bayer
headquarters to Bayer Spain and Bayer France before
reaching Bayer United Kingdom have influenced the
United Kingdom consumer price ?

No C 161 / 60 EN Official Journal of the European Communities 5 . 6 . 96

4 . What part did Bayer Italy play in this affair ?

Answer given by Mr Van Miert

on behalf of the Commission

( 12 March 1996 )

1 . The main customers of Bayer France and Bayer Spain,
the French and Spanish drug wholesalers, were in the habit,
prior to 1991 and 1989 respectively, of obtaining from them
quantities of Adalat in excess of those necessary for
supplying the French and Spanish domestic markets . Those
wholesalers exported the excess quantities to other Member
States, in particular the United Kingdom, where prices were
higher than those charged for the product in France and
Spain .

2 and 3 . Sales of pharmaceutical products are influenced
by the administrative practice and supply policies adopted
by Member States ' national health services . For example,
some Member States take direct or indirect measures to

influence prices, and the social security system grants
different levels of reimbursement for different categories of
pharmaceutical product . In France and Spain prices are set
direct by the national administration . The United Kingdom
controls the prices of proprietary medicinal products
indirectly, via rules on the overall profitability of
pharmaceutical companies based on their sales to the
National Health Service . Such differences in the machinery
for setting prices and the arrangements for reimbursement
of pharmaceutical products result in wide price differentials
between the Member States .

4 . The Commission does not have the information

requested by the Honourable Member .

WRITTEN QUESTION E-476 / 96

by Nel van Dijk ( V )

to the Commission

(1 March 1996 )

( 96 / C 161 / 107 )

Subject : Implementation by the Netherlands of the
Regulation on leghold traps

The Commission was required to adopt the implementing
provisions for the Regulation ( EEC ) No 3254 / 91 on leghold
traps ( j ) by 1 September 1995, in order to ban as of
1 January 1 996 imports of fur from 13 species of animals
from countries where the use of leghold traps is permitted .
Time passed, but not action was taken until in December

1995 the Commission took the political decision to defer the
ban on fur imports . From the legal point of view, however,
the Regulation on leghold traps entered into force on

1 January 1996 . The Netherlands Government accordingly
banned fur imports from that date .

Can the Commission confirm that it has threatened to

institute proceedings against the Netherlands Government
before the Court of Justice of the European Communities to
induce it to lift its ban on fur imports ( 2 )?

What offence has the Netherlands Government committed ?

Implementing a Regulation which has entered into force ?

Does not the Commission agree that, by issuing this threat,
it has neglected its role as the guardian of the Treaties ?

Does not the Commission agree that, by instituting
proceedings before the Court of Justice, it would embarrass
not so much the Netherlands as itself and the other Member

States ?

Has the Commission become trapped between its legal
obligations and political pressure from 13 Member
States ?

f 1 ) OJ No L 308, 9 . 11 . 199,1, p . 1 .

( 2 ) Europa van Morgen, 31 January 1996 .

Answer given by Sir Leon Brittan

on behalf of the Commission

( 27 March 1996 )

As explained in the explanatory memorandum to the
proposal for an amendment to Regulation ( EEC )
No 3254 / 91 ( ] ), the Commission was not in a position to
put forward implementing provisions . In its view, the
Regulation does not require any special action by the
Member States with regard to fur imports into the
Community . On 8 December 1995, a Commission letter
stating this was sent to the Member States, which were
asked to inform their customs authorities . The

Commission's action was justified because without
implementing provisions ( list of non-member countries
concerned, appropriate form of certificates of origin ),
import restrictions would have a disproportionate effect,
leading to an indiscriminate, blanket ban .

The Commission was told that the Netherlands had taken

unilateral steps which could impinge on the Community's
exclusive jurisdiction over trade policy . In light of the above,
it is now checking to see whether these steps breach
Community law .

(') COM(95 ) 737 .

5 . 6 . 96 HN Official Journal of the European Communities No C 161 / 61

WRITTEN QUESTION E-487 / 96 western France, has hit producers already reeling under the

by Miguel Arias Canete ( PPE ) effects of massive imports from non-EU countries .

to the Commission

(1 March 1996 )

( 96 / C 161 / 108 )

Subject : Directive on the common VAT system in Spain

According to the Commission, Spain has infringed the
Directive on the common VAT system by not complying
with the measure exempting non-profit-making sporting
bodies from VAT : it allows the exemption only for bodies
whose enrolment fee is less than Ptas 260 000 and whose

monthly membership fee is less than Ptas 4 000 .

Does the Commission plan to refer this matter to the Court
of Justice in Luxembourg and initiate proceedings against
Spain before the Court ?

The White Paper submitted by Franz Fischler to the
European Council at the end of 1 995 considers the
possibility of pre-accession measures for the integration of
the central and eastern European countries .

The White Paper states that ' in the beef and veal sector, the
combination of the CEECs ' and the EU's surpluses might
lead to a rapid accumulation of stocks ', and this is worrying
European producers .

Since the Commission is aware of this and has raised the

question, what measures does it propose to take to reassure
European farmers that there will not be a further worsening
of their lifestyle and that, on the contrary, everything will be
done to reverse the decline .

Answer given by Mr Fischler
on behalf of the Commission
Answer given by Mr Monti
on behalf of the Commission ( 20 March 1996 )

( 26 March 1996 )

The Commission has decided to refer to the Court of Justice
the matter of the non-conformity with Community law, and
in particular Article 13 of the Sixth VAT Directive ( Directive
77 / 388 / EEC ) ( J ), of the arrangements in Spain for charging
VAT on services supplied by sporting bodies .

I 1 ) OJ No L 145, 13 . 6 . 1977 .

The Commission requests the Honourable Member to refer
to the report on certain aspects of the beef and veal sector
annexed to volume 1 of the price proposals and related
measures for 1996 / 97, in which the Commission provides
an assessment of the current market situation in the beef and

veal sector . This shows that imports are stable, and are
currently not causing any imbalances but rather a certain
recovery in Community production, this at a time of
stagnating consumption and reduced scope for export
refunds following the GATT agreements . Hence, as the
Commission has pointed out, in order to bring the market
into sustainable balance production needs to be controlled .
The direct granting of premiums to producers is an
important instrument for controlling production, and it is in
this context that the Commission has proposed certain
changes in the area of such payments .

WRITTEN QUESTION E-496 / 96

The market situation in the countries of east and central

by Armelle Guinebertière ( UPE ) Europe was examined in depth in the studies drawn up by

to the Commission the Commission which were published last year . This

(1 March 1996 ) situation was also examinated in the document on

alternative strategies in the agricultural sector drafted by the

( 96 / C 161 / 109 ) Commission and presented at the Madrid European

Council . This showed that beef and veal production in these
countries fell by almost 30% between 1989 and 1994 and
that a return to previous levels is unlikely before the year
Subject : Future of the CAP in the beef and veal sector 2000 .

by Armelle Guinebertière ( UPE )

to the Commission

(1 March 1996 )

( 96 / C 161 / 109 )

The serious crisis which has been affecting the fatstock
industry since last year, particularly in the départements of

No C 161 / 62 EN Official Journal of the European Communities 5 . 6 . 96

WRITTEN QUESTION E-5 16 / 96

by Odile Leperre      - Verrier ( ARE )

to the Commission

( 11 March 1996 )

96 / C 161 / 110

Subject : Progress report on the ' European Manifesto of

Companies against Exclusion '

Could the Commission report on the progress of the
initiative launched by Jacques Delors in January 1995 under
the title ' European Manifesto of Companies against
Exclusion ', and indicate in particular :

— which businesses are involved,

— what projects have been set up,

— the practical and financial support provided by the

Commission for this initiative ?

Having reported on the Manifesto's progress, would the
Commission give some indications regarding its future ?

Answer given by Mr Flynn
on behalf of the Commission

programmes by seeking new partnership and by helping
particularly those Member States with limited
experience in the field of partnerships

— to maintain exchanges of information and experience

with other existing European networks working in the
social field .

The Commission will make, available to the Honourable
Member the minutes of the abovementioned conference,
together with all the document action describing the
European network's activities in the different Member
States .

This network has just been created and the Commission will
be sure to monitor its activities, with a first review planned
for October 1996 .

WRITTEN QUESTION E-527 / 96

by Richard Howitt ( PSE )

to the Commission

( 11 March 1996 )

( 96 / C 161 / 111 )

( 29 March 1996 ) Subject : Helios programme

Following the launch of the ' European Manifesto of
Companies against Exclusion ' initiative, a European
conference on the company faced with social exclusion was
held in London in May 1995 . The Commission encouraged
the 200 or so companies which attended to take more of a
lead in putting the manifesto into practice and welcomed
their intention to set up a European infrastructure to serve
this aim .

The European network of companies against exclusion was
created, with the Commission's support, in December 1995
under the trusteeship of the King Baudouin Foundation . The
network's aim is to coordinate and develop projects carried
out in the manifesto's key areas ( recruitment, vocational
training, prevention of redundancy, creation of jobs and
companies, and solidarity in favour of those most at
risk ).

The network will be supported by national committees
which are currently being set up in the Member States . Its
work programme includes the following aims :

— to involve partnerships comprising companies, financial

institutions, the two sides of industry and
non-governmental organizations in the implementation
of specific projects

— to identify and evaluate initiatives supported by the

companies most relevant within the context of the
manifesto

— to facilitate exchanges of experience between the

national committees and to develop trans-national

What research has been undertaken by the Commission for

a workable exemption system to be created for blind and
learning-disabled people, should a levy be imposed on blank
audio and video tapes ?

Whilst recognizing the complete opposition of disabled
people's organizations to such a levy, will the Commission
give an unswerving commitment to creating a workable
exemption scheme should the levy proposal be brought
forward ?

Answer given by Mr Flynn
on behalf of the Commission

(1 April 1996 )

Following consultations on the proposal for a Directive
relating to the harmonization of certain rules applicable to
home copying, appropriate safeguards have been
introduced to ensure that this levy, aiming to compensate
artists for financial losses due to private copying of their
productions, will not be imposed on people with visual and
hearing disabilities .

An extension of the exemption to people with learning
disabilities, as well as to their parents and guardians and
representative organizations, has recently been suggested by
non-governmental organizations . This point will be taken
into consideration by the Commission when deciding on the
appropriate follow up to its proposal .

5 . 6 . 96 EN Official Journal of the European Communities No C 161 / 63

WRITTEN QUESTION E-5 36 / 96

by Richard Howitt ( PSE )

Answer given by Mr Flynn
on behalf of the Commission

to the Commission ( 29 March 1996 )

( 11 March 1996 )

( 961 C 161 / 112 )

Subject : European Social Funding

What is the Commission's response to the operation of the
' points scoring ' system for ESF, which led to the Furniture
Recycling Project in Southend being told that they had not
made a successful application because they had not received
ESF in the previous year ?

Does the Commission not agree that such a system
discriminates against new projects benefiting from ESF, and
what action will it take to review these arrangements in the
United Kingdom ?

Answer given by Mr Flynn
on behalf of the Commission

( 29 March 1996 )

It is for the Member State and not for the Commission to

hold the information requested by the Honourable
Member . The Commission manages Structural Funds
allocations at the level of the programmes . In the case of the
Objective 3 single programming document this is at national
level, and in the cases of the Objective 1, 2 and 5b single
programming documents this is at regional level . It is for the
Member State to monitor the distribution of spending at
sub-levels within each programme .

The European Social Fund unit of the United Kingdom's
Department for education and employment would advise
the Honourable Member if its systems could provide the
detailed financial information he is seeking .

WRITTEN QUESTION P-5 77 / 96

by Helena Torres Marques ( PSE )

to the Commission

(1 March 1996 )

The Commission expects that project selection criteria will (1 March 1996 )
take into account any successful track record, but will not ( 96 / C 161 / 114 )
discriminate against new projects which, despite having no
track record, score highly in other respects . It is the duty of
the Objective 3 monitoring committee to ensure that the Subject : United Kingdom protest
criteria used are soundly-based and transparent .

Subject : United Kingdom protest at funding of the
programme to combat social exclusion

The Commission cannot comment on the specific case of the
furniture recycling project in Southend . The Honourable
Member could obtain details of the assessment of the project
from the European Social Fund unit of the United
Kingdom's Department for education and employment .

According to an ' Agence Europe ' report of 2 February 1 996,
the United Kingdom intends to call on the European Court
of Justice to ban the Commission from funding projects to
combat social exclusion, accusing the Commission of
spending money without any legal basis and of attempting
to extend its powers in the field of social policy .

In view of the programme's importance and scope, will the
Commission state to what extend the United Kingdom's
threatened action might jeopardize the funding of projects
WRITTEN QUESTION E-5 37 / 96 to combat social exclusion ?

by Richard Howitt ( PSE )

to the Commission

(U March 1996 )
Answer given by Mr Flynn
( 96 / C 161 / 113 ) on behalf of the Commission

(1 April 1996 )

Subject : European Social Funding

Could the Commission quantify total European Social Fund
payments for my constituency of Essex South ( Southend,
Basildon, Castle Point, Rochford and Thurrock ) in the years

1990, 1991, 1992, 1993, 1994 and 1995 ?

In each year, what percentage does this represent of total
ESF payments to the United Kingdom as a whole ?

The budgetary authority makes a distinction in the 1996

budget in line B3-4103 between appropriations earmarked
for the fourth action programme, and appropriations
allocated for non-programme activities . The Commission's
understanding is that ECU 9 million have been allocated to
non-programme activities, and that ECU 2 million have
been allocated to the programme and that this ECU
2 million is entered in chapter B0-40 pending adoption . The

No C 161 / 64 EN Official Journal of the European Communities 5 . 6 . 96

Commission has no intention of implementing the fourth
action programme whilst it remains blocked in Council .

As already stated in its reply to Oral Question H-959 / 95 by
Mrs Ferrer during question time at Parliament's January

1996 part-session ('), it is intended that the next meeting of
the trilogue will discuss the general question of
implementation of budget lines where Commission
proposals for legal bases have not been adopted, in the
context of the Christodoulou report .

There is in any case no question of the Commission acting
illegally .

(') Debates of the Parliament ( January 1996 ).

WRITTEN QUESTION E-5 87 / 96

by Ian White ( PSE )

to the Commission

( 11 March 1996 )

( 96 / C 161 / 115

Subject : Openness of the Commission

When responding to written parliamentary questions,
where the topic has been the subject of numerous previous
parliamentary questions why does the Commission not
make reference to all previous questions ?

For example, when responding to Question E-3526 / 95 ('),
the Commission makes reference to E-984 / 95 ( 2 ),
E-l 194 / 95 ( 3 ) and E-2404 / 95 ( 4 ). When seeking the text of
replies to those questions, the Member is referred to other
questions, namely E-1966 / 94 ( 5 ) and E-2214 / 94 ( 6 ). From
the text of those questions, reference still needs to be made
to Questions No 394 / 92 ( 7 ), No 3611 / 93 ( 6 ) and No
3542 / 93 ( 8 ). Those questions refer again to even earlier
questions, the reply to the most recent being incomplete
because of the need to refer to so many previous

responses .

By failing to link the most recent question to all previous
references on the same topic, the Member is being denied a
full and proper response to a question which, clearly, has
been the subject of much previous disquiet .

This procedure contradicts any suggestion of openness on
the part of the Commission and serves simply to frustrate
the procedure .

(M OJ No C 109, 15 . 4 . 1996, p . 54 .

( 2 ) OJ No C 202, 7 . 8 . 1995, p . 34 .
{*) OJ No C 222, 28 . 8 . 1995, p . 52 .

( 4 ) OJ No C 55, 6 . 3 . 1995, p . 20 .

( 5 ) OJ No C 75, 27 . 3 . 1995, p . 27 .

( 6 ) OJ No C 6, 9 . 1 . 1995, p . 12 .

( 7 ) OJ No C 296, 24 . 10 . 1994, p . 3 .

( 8 ) OJ No C 296, 24 . 10 . 1994, p . 53

Answer given by Mr Ore j a
on behalf of the Commission

( 20 March 1996 )

The Commission regrets that the Honourable Member feels
that it denies a full and proper response to a question when it
does not refer in its reply to all previous questions on the
same subject . When the Commission replied to Written
Question E-3526 / 95 by the Honourable Member with a
reference to the Honourable Member, even though still
earlier questions had been asked . If the Honourable
Member would care to examine these replies, in particular
the replies to Written Question E-l 194 / 95 by Mr Megahy
and E-2404 / 95 by Mrs Stenius-Kaukonen, he will find each
is a full statement of the Commission's position, and does
not require further explanation by reference to previous
questions .

In view of the Honourable Member's remarks the

Commission will where necessary in its future answers
endeavour to refer to a larger number of previous questions,
while bearing in mind that the excessive use of footnotes is
generally thought to make texts less readable .

It is difficult to see how there can be lack of openness in an
area where the material sought is published in all
Community languages and at the disposal of the
Honourable Member and all other citizens .

WRITTEN QUESTION P-5 97 / 96

by Vassilis Ephremidis ( GUE / NGL )

to the Commission

(6 March 199 6 )

( 96 / C 161 / 116 )

Subject : International distress and safety system

( GMDSS )

The new maritime distress and safety system, GMDSS, is
unreliable and ineffective, a finding borne out by
coastguards, rescue coordination, centres and the staff of
Intermast — as publications in various reputable maritime
affairs periodicals show ( for instance, Ocean Voice ) — by
resolutions and memoranda adopted by seamen's unions
and, finally, by the tragic shipwrecks of the Estonia and the
Pelhunter .

The replacement of radio officers by another officer on the
bridge — even it is assumed that the latter has the same
qualifications — poses a serious threat, because he has other

5 . 6 . 96 I EN I Official Journal of the European Communities No C 161 / 65

responsibilities, and will certainly be unable to carry out all
his duties in a satisfactory manner .

Radio communication officers are faced with

unemployment, since their jobs are in practice being
eliminated .

In view of the above, will the Commission say whether it
intends to consider the possibility of extending the
transitional period for the exclusive implementation of the
new GMDSS system beyond 1 999 until the reliability of this
system has been established in practice and of allowing the
two systems, GMDSS and Morse, to exist side by side for the
duration of this transitional period, and to provide legal
safeguards to protect the position of radio officers,
regardless of the system employed ; or whether, if the post of
radio officer is to be abolished, it intends to take legal
measures as regards early retirement for those concerned or
their transfer to other jobs on land where they can use their
skills ( for example, in civil aviation, telecommunications
organizations, coastguard stations etc .)?

Answer given by Mr Kinnock

on behalf of the Commission

(1 April 1 996 )

resulting in the adoption in 1988 and 1989 of amendments
to the 1974 Safety of life at sea ( Solas ) Convention and 1978
Solas protocol, implementing the Global Maritime Distress
and Safety System ( GMDSS ).

A transitional period between the date of entry into force of
the GMDSS amendments, 1 February 1992, and the
ultimate application date, 1 February 1999, has been
provided for ships constructed before 1 February 1 995 . This
allows such ships, subject to approval of the flag State, either
to comply with the GMDSS requirements, or to comply with
the applicable requirements on radiotelegraphy and
ratiotelephony of the 1974 Solas Convention in force prior
to 1 February 1992 .

In its communication 'A Common Policy on Safe Seas ' of
24 February 1 993 ( 1 ) the Commission welcomed the
implementation of the GMDSS, including the establishment
of the shore-based radiocommunication infrastructure

necessary to support the system .

The Commission believes that the transitional period
established for ships constructed before 1 February 1995 is
sufficient to guarantee an ordered implementation of the
GMDSS requirements and has therefore no intention of
seeking an extension to the transitional period .

The Commission attaches the highest importance to the
protection and safety of life at sea and supports efforts at As regards the position of radio officers — whose presence
international level to enhance maritime distress and safety on board for radio watchkeeping purposes will no longer be
radiocommunications International Maritime . Since Organization its establishment ( IMO ) in — 19 in 59 close, the required Commission as a has result no of plans the for introduction accompanying of GMDSS measures —, nor the
cooperation with the International Telecommunication does it have the legal power to implement the measures
Union ( ITU ) and the International Radio Consultative suggested by the Honourable Member .
committee ( CCIR ) — and other international organizations
have striven to improve these radiocommunications, (') COM(93 ) 66 .