Source: EURLEX
Language: en
Format: md

# Official Journal

### of the European Communities

###### Information and Notices

English edition

ISSN 0378-6986

#### C 81

Volume 38

3 April 1995

Notice No Contents p age

I Information

European Parliament

Written Questions with answer

95 / C 81 / 01 E-1700 / 94 by Carmen Diez de Rivera Icaza to the Commission
Subject : Community and international environmental education networks 1

95 / C 81 / 02 E-l 848 / 94 by Antoni Gutiérrez Díaz, Alonso Puerta and Laura González Alvarez to the
Commission

Subject : Construction of the Ajuda bridge between Olivenza ( Spain ) and Elvas ( Portugal ) .... 1

95 / C 81 / 03 E-1943 / 94 by Francisca Bennasar Tous to the Commission
Subject : Aids for the processing of apricots 2

95 / C 81 / 04 E-1971 / 94 by Alex Smith to the Council
Subject : Illegal import of weapons-useable nuclear materials 3

95 / C 81 / 05 E-l 977 / 94 by Alex Smith to the Commission
Subject : Import and export of radioactive materials 3

95 / C 81 / 06 E-2009 / 94 by Ulrich Stockmann to the Commission
Subject : Compensation for the short-fall in Structural Fund aid promised to the East German
Lander 4

95 / C 81 / 07 E-2011 / 94 by Roger Barton to the Council
Subject : Cooperation in the fields of justice and home affairs 5

95 / C 81 / 08 E-2036 / 94 by Bryan Cassidy to the Commission
Subject : Obstacles to marketing in the Single Market 5

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E-2042 / 94 by Johanna Maij-Weggen and Ria Oomen-Ruijten to the Commission

Subject : Quarrying in an area of natural beauty in Scotland

E-2080 / 94 by Caroline Jackson to the Commission
Subject : Intrastat EC trade statistics

E-2087 / 94 by John McCartin to the Commission
Subject : Voting in local elections in the European Union

E-2097 / 94 by Jose Apolinário to the Commission
Subject : Commission-sponsored projects to combat racism

E-2121 / 94 by Pierluigi Castagnetti, Mariotto Segni, Gerardo Bianco, Giovanni Burtone,
Carlo Casini, Maria Colombo Svevo, Giampaolo D'Andrea, Michl Ebner, Livio Filippi,
Antonio Graziani, Danilo Poggiolini and Carlo Secchi to the Commission
Subject : Concentration of the media in Italy

E-2 143 / 94 by Leo Tindemans to the Commission
Subject : Provision of services

E-2149 / 94 by Antoinette Spaak to the Commission
Subject : A European postage stamp

E-21 82 / 94 by Jaak Vandemeulebroucke to the Commission
Subject : Tax on video and audio tapes and equipment

E-21 9 1 / 94 by Pat Gallagher to the Commission
Subject : Company law requirement on directors ' fees and remuneration _

E-21 95 / 94 by Alexandras Alavanos to the Commission
Subject : VAT reductions or exemptions for restoration work on historic buildings

E-2202 / 94 by Carlos Robles Piquer to the Commission
Subject : EIB loans to Latin America

E-2203 / 94 by Carlos Robles Piquer to the Commission
Subject : Breakdown of aid under the Rechar 2 Programme

E-22 12 / 94 by Angela Sierra Gonzalez to the Commission
Subject : Community preference guarantees in the banana market

E-22 15 / 94 by Mary Banotti to the Commission
Subject : VAT on church buildings

E-22 17 / 94 by Giulio Fantuzzi to the Commission
Subject : Tax measures affecting cooperatives in Italy

E-2226 / 94 by Renzo Imbeni to the Commission
Subject : Italian law on finance and Commission guidelines

Joint answer to Written Questions E-22 17 / 94 and E-2226 / 94

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95 / C 81 / 25 E-2219 / 94 by Jannis Sakellariou to the Commission
Subject : Right-wing extremism in the Commission 14

95 / C 81 / 26 E-2225 / 94 by Renzo Imbeni to the Council
Subject : Italian law on finance and Commission guidelines 14

95 / C 81 / 27 E-2245 / 94 by Nicole Fontaine and Georges de Brémond d'Ars to the Commission
Subject : VAT on discs 14

95 / C 81 / 28 E-2252 / 94 by Anne Andre-Leonard to the Commission
Subject : Non-food production and CAP 15

95 / C 81 / 29 E-2263 / 94 by Jesús Cabezón Alonso, María Izquierdo Rojo and Ana Miranda de Lage
to the Commission

Subject : Anchovy catch of the French fishing fleet 15

95 / C 81 / 30 E-2273 / 94 by Glyn Ford to the Commission
Subject : Disabled people's needs 16

95 / C 81 / 31 E-2275 / 94 by Peter Crampton to the Commission
Subject : Discrimination against public sector workers 16

95 / C 81 / 32 E-2279 / 94 by Jean-Pierre Raffarin to the Commission
Subject : Measures to deal with disruption to the Commission 's work 17

95 / C 81 / 33 E-2289 / 94 by Wolfgang Kreissl-Dörfler to the Commission
Subject : Brenner Pass route and possible alternative projects 18

95 / C 81 / 34 E-2290 / 94 by Wolfgang Kreissl-Dörfler to the Commission
Subject : Estimated costs of the new Brenner Pass route 18

95 / C 81 / 35 E-2291 / 94 by Wolfgang Kreissl-Dörfler to the Commission
Subject : Implications of the planned Brenner Pass route for road and rail traffic 19

95 / C 81 / 36 E-2293 / 94 by Carlos Robles Piquer to the Commission
Subject : Obligatory insurance for cyclists 19

95 / C 81 / 37 E-2294 / 94 by Carlos Robles Piquer to the Commission
Subject : Various designs in the nuclear field as a result of the conversion of the former Soviet
military-industrial complex 20

95 / C 81 / 38 E-2295 / 94 by Concepció Ferrer to the Commission
Subject : Competent authorities for the implementation of Community programmes 20

95 / C 81 / 39 E-2296 / 94 by Concepció Ferrer to the Commission
Subject : Appropriations allocated within the framework of the Retex Initiative 21

95 / C 81 / 40 E-2299 / 94 by Blaise Aldo to the Commission
Subject : Community subsidies to third countries in competition with the French overseas
departments and territories 21

95 / C 81 / 41 E-2308 / 94 by Christine Crawley to the Council
Subject : EU travel of refugees 21

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95 / C 81 / 42 E-23 13 / 94 by Thomas Megahy to the Commission
Subject : Salmonella and Campylobacter in chickens on sale to the public 22

95 / C 81 / 43 E-23 16 / 94 by Thomas Megahy to the Commission
Subject : Freedom of movement for ' life ' prisoners 22

95 / C 81 / 44 E-2326 / 94 by Carles-Alfred Gasòliba i Bohm to the Commission
Subject : The export of live animals 23

95 / C 81 / 45 E-2329 / 94 by Anne Andre-Leonard to the Council
Subject : Retention of the African elephant under Appendix I to the Washington Convention 23

95 / C 81 / 46 E-2334 / 94 by Andre Laignel to the Commission
Subject : Financial assistance for the rural environment under the EAGGF Guidance Section in
Objective 5b and No 1 zones in the Single Programming Documents 24

95 / C 81 / 47 E-2339 / 94 by Reimer Böge to the Commission
Subject : Protection of animals for slaughter exported to third countries 24

95 / C 81 / 48 E-2353 / 94 by Stelios Argyros to the Commission
Subject : Extension of Greek railway operations 25

95 / C 81 / 49 E-2354 / 94 by Christine Oddy to the Commission
Subject : Grameen Bank Bangladesh 26

95 / C 81 / 50 E-2355 / 94 by Josu Imaz San Miguel to the Commission
Subject : Reform of the COM in wine and criteria of quality 26

95 / C 81 / 51 E-2365 / 94 by Giovanni Burtone to the Commission
Subject : Support for the World Student Games in Sicily 27

95 / C 81 / 52 E-2373 / 94 by Christine Oddy to the Commission
Subject : Dragnet fishing 27

95 / C 81 / 53 E-2382 / 94 by Salvador Garriga Polledo to the Commission
Subject : Repercussions of EMS fluctuations on the common agricultural policy 28

95 / C 81 / 54 E-2383 / 94 by Gerardo Fernández-Albor to the Commission
Subject : An official Community version of the text of the European anthem 28

95 / C 81 / 55 E-2386 / 94 by Raymonde Dury to the Council
Subject : ILO Convention on the minimum working age for children 29

95 / C 81 / 56 E-2397 / 94 by Ole Krarup to the Council
Subject : Collective agreements 29

95 / C 81 / 57 E-2399 / 94 by Lis Jensen to the Council
Subject : Collective agreements 29

Joint answer to Written Questions E-2397 / 94 and E-2399 / 94 29

95 / C 81 / 58 E-2406 / 94 by Alex Smith to the Commission
Subject : Withdrawal of nuclear materials from safeguards 30

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E-2412 / 94 by Alex Smith to the Commission
Subject : Plutonium-contaminated waste 30

E-24 13 / 94 by Alex Smith to the Commission
Subject : Nuclear material accountancy discrepancies - 30

E-2414 / 94 by Alex Smith to the Commission
Subject : Reduction in inspection effort man-days 31

E-2415 / 94 by Alex Smith to the Commission
Subject : Depleted uranium stores 31

E-24 16 / 94 by Alex Smith to the Commission
Subject : Excess special fissile materials 31

E-24 18 / 94 by Anita Pollack to the Commission
Subject : Bananas 31

E-2436 / 94 by Stanislaw Tillich to the Commission
Subject : Spiralling subsidies for renewable raw materials 32

E-2443 / 94 by Angela Sierra Gonzalez to the Commission

Subject : Definition of ' medium-term economic and social benefits commensurate with the
resources deployed ' 32

E-2447 / 94 by Robin Teverson to the Commission
Subject : Equal Treatment Directive 76 / 207 / EEC and the UK Ministry of Defence 33

E-2448 / 94 by Anthony Wilson to the Commission
Subject : BST moratorium 34

E-2451 / 94 by Mihail Papayannakis to the Commission
Subject : Re-structuring plan for Olympic Airways 34

E-2452 / 94 by Johanna Maij-Weggen to the Commission
Subject : Human rights in the Czech Republic 35

E-2462 / 94 by Amedeo Amadeo to the Commission
Subject : Aircraft noise 35

E-2468 / 94 by Ria Oomen-Ruijten and W. G. van Velzen to the Commission
Subject : Containment of Chernobyl nuclear power station 36

E-2472 / 94 by Jose Apolinario to the Commission
Subject : Allocation of financial resources to Portugal within the framework of the Community
Support Framework for the 1994-1999 period 36

E-24 8 0 / 94 by Amedeo Amadeo and Cristiana Muscardini to the Commission
Subject : Flood-prevention measures 37

E-2487 / 94 by Jean-Pierre Raffarin to the Commission
Subject : Community regional development measure 38

( Continued overleaf )

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E-2488 / 94 by Jean-Pierre Raffarin to the Commission
Subject : Regional development handicaps 38

E-2489 / 94 by Jean-Pierre Raffarin to the Commission
Subject : Protection and development of coastal areas 39

E-2492 / 94 by Raymonde Dury to the Commission
Subject : Commission competition and recruitment ( continued ) 39

E-2509 / 94 by Carlos Robles Piquer to the Commission
Subject : The situation of the trade unionist Corp Yeras in Cuba 40

E-25 12 / 94 by Miguel Arias Cañete to the Commission
Subject : Community initiative Pesca 40

E-2520 / 94 by Antonio Tajani to the Council
Subject : Bringing provisions governing Italian higher institutes of physical education into line with
European legislation 41

E-2522 / 94 by Manuel Medina Ortega to the Commission
Subject : Thermie Programme Calendar-map 41

E-2664 / 94 by Jose Apolinário to the Commission
Subject : Combined timetable and map for the Thermie Programme 42

Joint answer to Written Questions E-2522 / 94 and E-2664 / 94 42

E-2523 / 94 by Carles-Alfred Gasòliba i Bohm to the Commission
Subject : Community measures to improve the quality of raw hides on behalf of the stock-breeding
and tanning sectors 42

E-2533 / 94 by Christian Jacob to the Commission
Subject : Designations of origin and geographical indications for agricultural products intended for
human consumption — European Competition Policy 42

E-2558 / 94 by Michl Ebner to the Council Subject : Harassment while travelling within Europe 43

E-2561 / 94 by Carlos Robles Piquer to the Commission
Subject : European Union action in defence of Community enterprises which are victims of
extortion by the Russian mafias 44

E-2568 / 94 by Christine Oddy to the Commission
Subject : Confinements cells for children in Guatemalan Government rehabilitation centres ... 44

E-2575 / 94 by Christine Oddy to the Commission
Subject : President Kumaratunga and the peace process in Sri Lanka 45

E-2576 / 94 by Christine Oddy, Glenys Kinnock, David Morris and Tony Cunningham
to the Commission

Subject : Assistance to Rwandese refugees 46

E-25 8 3 / 94 by Richard Balfe to the Council
Subject : Wines and spirits 47

E-25 86 / 94 by Isidoro Sanchez Garcia to the Commission
Subject : Relations with Mercosur and the Mediterranean countries 47

( Continued on page 60 )

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E-2594 / 94 by Werner Langen to the Council
Subject : Plans for a minimum tax on wine at European level

E-2597 / 94 by Noel Mamère to the Commission
Subject : Common agricultural policy — speculation involving misuse of premiums per hectare

E-2598 / 94 by Bernard Stasi, Georges de Brémond d'Ars and Jean-Pierre Bébéar to the
Council

Subject : Reform of the common organization of the market in wine

E-2604 / 94 by Eryl McNally to the Commission

Subject : Upper age limits

E-2622 / 94 by James Moorhouse to the Commission
Subject : Pan-Am County Integrated Rural Development Project in Tibet

E-2624 / 94 by Johanna Maij-Weggen to the Commission
Subject : Peace process in El Salvador

E-2638 / 94 by Anna Terron i Cusí to the Council
Subject : Requirement of a F1 500 fee to be paid by the children of Community workers to obtain a
long-term residence permit in the Netherlands

E-2640 / 94 by Mary Banotti to the Commission
Subject : Television Without Frontiers Directive

E-2644 / 94 by Mihail Papayannakis to the Commission
Subject : Greek Broadcasting Corporation ( ERT )

E-2646 / 94 by Konstantinos Hatzidakis to the Commission
Subject : Payment appropriations for Greece from the first Community Support Framework . .

E-2656 / 94 by Stephen Hughes to the Commission

Subject : Car tax

E-2671 / 94 by Cristiana Muscardini to the Commission
Subject : Human rights in Algeria

E-2674 / 94 by Anna Terron i Cusí to the Commission
Subject : Requirement of a F1 500 fee to be paid by the children of Community workers to obtain a
long-term residence permit in the Netherlands

E-2690 / 94 by Glenys Kinnock to the Commission
Subject : WTO

E-2700 / 94 by Johanna Maij-Weggen to the Commission
Subject : Pension rights in the Netherlands

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E-2721 / 94 by Anita Pollack to the Commission
Subject : Mediterranean monk seals

E-2742 / 94 by Honor Funk to the Commission
Subject : Baden-Württemberg and Bavaria as economic centres

E-2743 / 94 by Markus Ferber to the Commission
Subject : Alpine transport policy : Austria, Switzerland and Italy

E-2745 / 94 by Carmen Díez de Rivera Icaza to the Commission

Subject : European Senior Citizens ' Pass

E-2762 / 94 by Miguel Arias Cañete to the Commission
Subject : Payments to Spain from the Structural Funds in 1993

E-2774 / 94 by James Moorhouse to the Commission
Subject : Pan-Am Integrated Rural Development Project

E-2775 / 94 by James Moorhouse to the Commission
Subject : Pan-Am Integrated Rural Development Project

E-2799 / 94 by Gerardo Fernández-Albor to the Commission
Subject : EU cooperation with neighbourhood associations for the promotion of subsidized
housing

E-2829 / 94 by Robin Teverson to the Commission
Subject : GATT / WTO and animal protection

E-2877 / 94 by Undine-Uta Bloch von Blottnitz to the Commission
Subject : Phare and Tacis funding for the energy sector

E-32 / 95 by Wayne David to the Commission
Subject : Guatemalan street children

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3 . 4 . 95 1 EN Official Journal of the European Communities No C 81 / 1

I

( Information )

EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION E-l 700 / 94

by Carmen Diez de Rivera Icaza ( PSE )

to the Commission

(1 September 1994 )

( 95 / C 81 / 01

Subject : Community and international environmental
education networks

Chapter 36 of Agenda 21 ( Unced ) echoes the Tbilisi
Declaration in acknowledging the key role which
environmental education should play as part of general
education in promoting the vital concept of sustainable
development among the general public .

dimension ( see invitation to submit proposals relating to
measures to promote environmental education );

— to encourage meetings, seminars and colloquiums for

people responsible for training and all those involved in
environmental education ;

— to contribute to the design of teaching materials for

primary and secondary schools ( creation and
experimentation );

— to provide practical information ( see EC study guide to

Environment-related courses ).

The Commission would draw the Honourable Member 's

attention to the fact that environmental education is also
one of the priorities of the ' Socrates ' Programme ( 2 ), which
includes measures to develop partnerships between schools
and is now in Parliament for a second reading .

Has the Commission taken measures to promote and is now in Parliament for a second
international projects or networks to this end, or does it
intend to do so ? If so, can it provide further details ? (!) OJ No C 138, 17 . 5 . 1993 ( chap . 7.5 ).

Answer given by My Paleokrassas

on behalf of the Commission

(4 October 1994 )

The bases of European Community action to promote
environmental education are set out in the resolution on

Environmental Education of the Council and Ministers of

Education meeting within the Council ( 88 / C 177 / 03 ) of
24 May 1988 and again in the Fifth Community Programme
of policy and action concerning the environment ( J ).

The Commission, assisted by a working party of
representatives of the Member States, is taking action :

— to develop contacts between associations and
institutions and support joint projects with a European

( 2 ) OJ No C 68, 5 . 3 . 1994 .

( 3 ) COM(93 ) 708 final .

WRITTEN QUESTION E-1848 / 94

by Antoni Gutiérrez Díaz ( GUE ), Alonso Puerta ( GUE ) and

Laura González Álvarez ( GUE )

to the Commission

(6 September 1994 )

( 95 / C 81 / 02 )

Subject : Construction of the Ajuda bridge between
Olivenza ( Spain ) and Elvas ( Portugal )

In the framework of the trans-frontier regional cooperation
policy between the Alentejo region in Portugal and the

No C 81 / 2 EN Official Journal of the European Communities 3 . 4 . 95

Autonomous Community of Extremadura in Spain, will the
Commission appeal to the sense of political responsibility of
the Governments of Spain and Portugal to ensure that they
call a new meeting of the joint boundary commission and
take urgent steps to :

— establish the boundaries between the Rivers Olivenza

and Cuncos, and

— assist in the project to rebuild the Ajuda bridge over the

River Guadiana between the towns of Olivenza ( Spain )
and Elvas ( Portugal )?

Council Regulation ( EEC ) No 426 / 86 on the common
organization of the market in products processed from fruit
and vegetables includes in its annex a list of products eligible
for aid, among them dried figs .

Dried apricots are not included among the eligible products,
and may thus be considered to be discriminated against .

Can the Commission state the grounds on which dried
apricots have been excluded from this Annex ?

Answer given by Mr Steichen

Answer given by Mr Millan on behalf of the Commission
on behalf of the Commission

( 14 December 1994 )
(7 December 1994 )

The question relating to the boundary between the Rivers
and Cuncos is a matter outside the Commission 's

competence and cannot therefore be raised by it .

The rebuilding of the Ajuda bridge could qualify for
part-financing by the European Regional Development
Fund under the new Community initiative Interreg II . The
preparation of the operational programme concerned falls
to the Spanish and Portuguese authorities .

The draft programme was presented to the Commission on
7 November 1994 . It provides, under sub-programme 3,
measure 3.1 ( links and access ), for the financing of
trans-frontier bridges . In this context, the re-building of the
Ajuda bridge could therefore be eligible, resulting in
improved access to the IP7 / E4 main road which forms part
of the trans-European network adopted on 29 October

1993 .

WRITTEN QUESTION E-1943 / 94

by Francisca Bennasar Tous ( PPE )

to the Commission

( 12 September 1994 )

( 95 / C 81 / 03 )

Subject : Aids for the processing of apricots

The apricot is a quintessentially Mediterranean fruit . Part of
the apricot harvest is utilized for processing, via a drying
process resulting in dried apricots which can either be eaten
directly at table or used for producing sweetmeats . The
Union has a deficit in this processed product, standing at

12 000 million tonnes over the period 1986 — 1990 ; this
deficit has been rising by some 1 500 million tonnes each

year .

Part A of Annex I to Council Regulation ( EEC ) No 426 / 86
on the common organization of the market in products
processed from fruit and vegetables ( ! ) contains the list of
products to which production aid is effectively applied .

This aid concerns the following products : tomatoes, figs,
dried grapes and dried plumps, and peaches and pears in
syrup or in natural fruit juice .

The objective of the aid is to make the Community products
competitive against competition from the main third world
producers, taking account of the differing costs of raw
materials . The payment of aid is linked to compulsory
supply contracts between producers and the processing
industry, and to payment of a minimum price by the
processor to the producer .

When the list of products was drawn up, account was taken
of the importance of the products concerned in all the
Mediterranean regions of the original Community . It was
extended at the time of Greece 's accession to include grapes
and figs, which are particularly vulnerable to international
competition . The list has not been modified since then
because of budget contraints and international
commitments such as the stand-still enforced throughout
the Uruguay Round .

The Commission realizes that the fruit and vegetable sector
includes other products of local or regional importance for
which the normal instruments of the common organization
of the market may be inadequate, and therefore proposes
that when that common organization is reformed, a special
approach should be established for such products . Specific
measures should be drawn up where necessary on a case by
case basis, and may at that point include measures for
apricots .

(!) OJ No L 49, 27 . 2 . 1986, p . 1 .

3 . 4 . 95 | EN Official Journal of the European Communities No C 81 / 3

WRITTEN QUESTION E-l 971 / 94

WRITTEN QUESTION E-1977 / 94

Alex Smith ( PSE ) by Alex Smith ( PSE )

to the Council to the Commission

by Alex Smith ( PSE )

to the Commission

( 12 September 1994 )

( 12 September 1994 )

( 95 / C 81 / 04 ) 95 / C 81 / 05

Subject : Import and export of radioactive materials

Subject : Illegal import of weapons-useable nuclear
materials

What initiatives have been taken by the Council to
cooperate with Interpol and the Russian security authorities
to monitor, intercept and deter the illegal import of
weapons-useable nuclear materials from countries of the
former Soviet Union and former Comecon nations of

eastern Europe ?

Answer

( 10 February 1995 )

The European Council, meeting in Essen on 9 and
10 December 1994, voiced its concern regarding nuclear
smuggling and approved measures and guidelines to combat
it . It called on the Commission and Member States to step up
their cooperation in this field and effectively to assist
countries of origin and transit in taking action on the
ground . It also called on all States which had not yet done so
to place their sensitive civilian materials ( plutonium and
highly enriched uranium ) under international safeguards .

The report on illicit traffic in radioactive substances and
nuclear materials, approved at the European Council
meeting, is available at the Honourable Member 's

request .

Will the Commission update the table, produced in response
to Written Question No 1378 / 90 by Commissioner
Cardoso E Cunha on 30 July 1990, on the volume of

( a ) spent nuclear fuel,

( b ) test reactor nuclear fuel,

( c ) natural uranium,

( d ) low-enriched uranium,

( e ) highly enriched uranium,

( f ) depleted uranium,

( g ) plutonium and

( h ) tritium

imported into and exported from the EU in each year since

1990, and will it ensure that the full reply is printed in the
Official Journal of the European Communities ?

Answer given by Mr Oreja
on behalf of the Commission

( 28 October 1994 )

The table below sets out imports and exports of the different
categories of nuclear material in the Community from 1982
to 1993 .

Tritium is not subject to chapter VII of the Euratom Treaty .
However, tritium which falls under the agreement with
Canada is controlled by Euratom . The first tritium under
this agreement arrived in the Community in 1992
(1 gramme ), and imports continued in 1993
(4 grammes ).

Import / exports of nuclear material for the Community

Imports Exports

( All weights in tonnes )

Year

Pu HEU LEU N D T Pu HEU LEU N D T

1982 2,9 0,3 1 113 10 633 1 395 284 0,0 0,2 622 4 689 41 162

1983 3,6 ο,ι 1 129 10 233 862 292 0,1 0,2 595 4210 25 230

1984 3,9 0,0 1 202 10 957 731 < 1 0,3 ο,ι 1 126 4 106 64 196

1985 4,2 0,4 1 156 12 301 326 < 1 0,2 0,2 1 516 2 130 28 131

1986 3,0 0,6 1 129 13 749 343 < 1 0,1 0,2 887 4 966 991 81

1987 3,8 0,02 1 156 15 968 538 1 0,5 0,3 1 277 4 360 306 208

1988 3,5 0,3 1 127 12 081 386 < < 1 0,5 0,2 1 369 5 780 129 177

No C 81 / 4 EN Official Journal of the European Communities 3 . 4 . 95

( All weights in tonnes )

Imports Exports

Year

Pu HEU LEU N D T Pu HEU LEU N D T

1989 4,2 0,4 1 113 11 514 247 5 0,5 0,1 1 277 2 634 67 136

1990 3,9 0,2 1 037 8 710 643 5 0,2 0,1 1 385 2 060 408 200

1991 3,1 0,2 1 098 8 476 285 1 < < 1 0,1 1 204 1 252 97 101

1992 3,6 0,0 1 242 10 106 80 < < 1 1,9 0,1 1 473 1 659 50 55

1993 3,2 < 0,01 1 057 13 523 192 < < 1 < < 1 0,1 974 3 137 469 32

Note : The categories ( a ) and ( b ) are included in the figures above .
Pu = plutonium
HEU = uranium enriched over 20% of uranium 235

LEU = uranium enriched up to 20 % of uranium 235
N = natural uranium ( 0,7% of uranium 235 )
D = deplated uranium ( less than 0,7% of uranium 235 )
T = thorium

WRITTEN QUESTION E-2009 / 94

by Ulrich Stockmann ( PSE )

Answer given by Mr Millan
on behalf of the Commission

to the Commission ( 17 January 1995 )

( 22 September 1994 )

( 95 / C 81 / 06 )

Subject : Compensation for the short-fall in Structural Fund

aid promised to the East German Lander .

Large-scale application of the European Union 's Structural
Funds is of crucial importance in overcoming the
under-development of the new Lander and East Berlin .

In July 1993 the new Lander were promised Structural Fund
aid of ECU 14 billion ( 1992 prices ). Following the
Commission 's indicative breakdown of appropriations
( 13 July 1994 ) for nine of the 13 Community initiatives,
there is a risk that this undertaking will not be honoured .
For the period 1994 — 1999 only ECU 732,4 million will be
available for the German Objective 1 regions . Since a sum of
ECU 1 186 billion for financing the Community initiatives
will be withheld from the promised Structural Fund
appropriations there will be a deficit on total funding of
ECU 453,5 million .

How does the Commission envisage compensating for the
short-fall in the context of the indicative breakdown of

appropriations, which is still valid ?

Does the Commission believe a topping-up would be
possible from the Commission reserve, as in the case of
Spain, Ireland, the Netherlands and the United Kingdom ?
Would not the Rechar and Konver, which are exceptionally
effective sectoral Community initiatives, be a particularly
suitable means of providing compensation ?

When will the Commission reach a decision on this

matter ?

In October 1993 arid July 1994 the Commission adopted
for each Member State indicative breakdowns of the

commitment appropriations available from the Structural
Funds for the Objective 1 Community support frameworks
and for the nine Community Initiatives for which it has so
far proved possible to make such a breakdown . The total
amounts available for the regions of Germany eligible under
Objective 1 to cover the period 1994 — 1999 amount to ECU
13 640 million and ECU 732,5 million respectively, at 1994
prices .

On 12 October the Commission decided to allocate to the

Objective 1 regions of Germany a total of ECU 190,1
million at 1994 prices under the Rechar, Resider and Retex
Initiatives for the period 1994 — 1997 . On 21 December it
decided to allocate to Germany ECU 219,3 million at 1994
prices under the Konver Initiative for the period
1994 — 1997 . Of this amount, ECU 120 million will go to
the Objective 1 regions .

The Commission has not so far imposed any further
constraints on the allocation of the financial reserve and has

not adopted any schedule for the use of that reserve .

In accordance with Article 12 of Council Regulation ( EEC )
No 2052 / 88, as amended by Regulation No 2081 / 93 of
20 July 1993, the allocation by Member State is only
indicative . It is not a quota to which the Member State has a
right . Subject to that proviso, the indicative amount for the
new German Lander, as published by the Commission in its
press release of 21 October 1993, was ECU 14 billion at

1992 prices .

3 . 4 . 95 LEN Official Journal of the European Communities No C 81 / 5

The Commission Decisions on the financial allocation for WRITTEN QUESTION
the Community Initiatives as a whole are fully compatible

by Bryan Cassidy (

with the allocation of the total amount available for
to the Commission
Objective 1 as announced on 21 October 1993 .

WRITTEN QUESTION E-2036 / 94

by Bryan Cassidy ( PPE )

WRITTEN QUESTION E-2011 / 94

by Roger Barton ( PSE )

to the Council

( 23 September 1994 )

( 95 / C 81 / 07 )

Subject : Cooperation in the fields of justice and home

affairs

When is the Council going to respond to the resolution of
Parliament on cooperation in the fields of justice and home
affairs ( A3-02 15 / 93 ( M )?

(!) OJ No C 255, 20 . 9 . 1993, p . 168 .

Answer

( 10 February 1995 )

The Council has taken note of the resolution referred to by
the Honourable Member who will be aware that a number

of the points in the resolution relate to the operation of
Article K of the Treaty on European Union and that that
Treaty will be reviewed in 1996 at the Inter-governmental
Conference .

However, the Council has taken a number of measures in
certain areas covered in the resolution in accordance with

the provisions of the Treaty on European Union ; these are
set out in the ' Action plan in the field of Justice and Home
Affairs ' and ' Priority work programme for 1994 ' which
have both been transmitted to the European Parliament .

In addition, the Presidency has on several occasions
informed the Committee on Civil Liberties and Internal

Affairs of progress being made in this field, in particular via
the Presidents of the Council ( Justice and Home Affairs ) on

15 September 1994 . The latter reported again on progress in
the area covered by Title VI of the Treaty on European
Union at the European Parliament 's annual debate on

13 December 1994 .

( 22 September 1994 )

( 95 / C 81 / 08 )

Subject : Obstacles to marketing in the Single Market

A table sent direct to the Commission shows what types of
sales promotion techniques are permitted or forbidden in
the twelve Member States . It clearly shows that no two
countries have the same rules . These differences prevent
companies running EC-wide sales promotion campaigns .

When does the Commission plan to produce a Directive to
end these barriers to trade within the Single Market ?

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 23 November 1994 )

Sales promotions are an important element in marketing
products and services .

The Commission is drafting for adoption in early 1995 a
green paper on commercial communications within the
internal market which will seek to establish a new

transparent policy approach in this field . It will be based on
analyses of the role of commercial communications,
including sales promotions, and the regulatory framework
at both the Community and national levels .

The Commission recognizes that regulations on sales
promotions differ substantially between the Member States
and thanks the Honourable Member for the table attached

to his question .

As the Honourable Member will be aware, differences in
regulations are not themselves sufficient to justify
harmonization measures . The Commission must first

examine the legal bases for the various regulations and their
compatibility with the EC Treaty . Furthermore, differences
in regulations are not necessarily a problem if they reflect
cultural sensitivities to which firms would wish to adapt
their marketing strategies to operate effectively in the
relevant Member States . It would therefore be premature for
the Commission to plan a measure in any field solely on the
basis of the existence of differing regulations across the
Community . The green paper will shed further light on this
issue .

The Commission is currently engaged in extensive
consultations in order to assess whether commercial

communications are undertaken across borders, planned

No C 81 / 6 EN Official Journal of the European Communities 3 . 4 . 95

and organized at a European level ( even if executed
differently across Member States ), and therefore adversely
affected by the differing regulations in Member States .

The green paper will riot present new legislative proposals .
However, where interested parties have identified problems,
these will be listed in the conclusions as areas where the new

policy approach could be applied, so sales promotions may
be included as one of the areas requiring closer
attention .

The Commission believes it would be wise to await the

results of this initiative before determining whether, or in
what manner, it should act in the field of sales
promotions .

WRITTEN QUESTION E-2042 / 94

by Johanna Maij-Weggen ( PPE ) and

Ria Oomen-Ruiiten ( PPE )

to the Commission

(3 October 1994 )

( 95 / C 81 / 09 )

Subject : Quarrying in an area of natural beauty in

Scotland

The Island of Harris is one of the Outer Hebrides situated

off the west coast of Scotland and has a rich flora and fauna .

It is one of the few regions in Europe where the otter has not
become extinct .

1 . Is the Commission aware of the plan to establish a
quarry in the south-east of Harris ?

2 . Will this plan provide economic advantages and
employment opportunities for the island ?

3 . Can the region not be encouraged to provide economic
stimulus which is more sustainable and environmentally
compatible and can the Commission offer any help in
this regard ?

Answer given by Mr Millan
on behalf of the Commission

( 14 November 1994 )

The Commission understands that a project for a large
quarry on the Island of Harris is currently the subject of a
public inquiry, at which the questions raised by the
Honourable Members will no doubt be examined .

WRITTEN QUESTION E-2080 / 94

by Caroline Jackson ( PPE )

to the Commission

(3 October 1994 )

( 95 / C 81 / 10 )

Subject : Intrastat EC trade statistics

How many people are employed in the European Union in
the collection of the Intrastat statistics, how much does the
collection of such statistics cost and what is the purpose of
this activity ?

Answer given by Mr Christophersen

on behalf of the Commission

( 23 November 1994 )

The aim of Intrastat, applicable since 1 January 1993, is to
allow the Commission and Member States to establish

statistics relating to trade in goods between Member States .
The collection of Intrastat data is on the basis of

re-capitulative, monthly declarations addressed by
enterprises directly to the national body responsible for
preparing these statistics .

One of the essential characteristics of the Intrastat system is
the alleviation in comparison to the preceding collection
system which was based on the exploitation of customs
documents :

— by exempting the majority of European enterprises from

the obligation to provide statistical data on their
intra-Community trade ;

— by simplifying the burden on all providers, since the

Intrastat form, even in its most detailed version, only
requires reduced information ;

— by adjusting the burden on the providers according to

their importance in intra-Community trade .

The Intrastat system, rendered necessary by the abolition of
customs borders between Member States, has of course
constituted a fundamental reform, with certain - costs to
enterprises and administrations . The Commission is not
currently in a position to give a figure for the costs, nor to
indicate the number of people involved in collecting these
statistics . In fact, for the national administrations
concerned, Intrastat was integrated into the statistical
system producing results on trade between Member States
as well as with third countries . Thus it is difficult to isolate

the costs of Intrastat .

Meanwhile the Commission would like to inform the

Honourable Member that it seeks and will examine with

care, all proposals leading to a simplification of the burden
on providers and administrations, without reducing the

3 . 4 . 95 I EN Official Journal of the European Communities No C 81 / 7

quality of the data . It is with this in mind that the project
Edicom ( Electronic data interchange on commerce ) has been
undertaken, facilitating the provision and treatment of
information .

In addition the Commission intends to carry out surveys in
the Member States in order to ascertain the costs of the

Intrastat system to the providers and to the national
administrations .

far as possible, with the procedures provided by national
legislation for national voters and candidates, thus avoiding
additional red tape for non-nationals .

í 1 ) OJ No L 329, 30 . 12 . 1993 .
( 2 ) COM(94 ) 38 .

WRITTEN QUESTION E-2097 / 94

by José Apolinârio ( PSE )

to the Commission

(6 October 1994 )

WRITTEN QUESTION E-2087 / 94 ( 95 / C 81 / 12 )

by John McCartin ( PPE )

to the Commission

(6 October 1994 )

( 95 / C 81 / 11 )

Subject : Voting in local elections in the European Union

What lessons has the Commission drawn from the voting
turn-outs in the European elections to ensure that the
legislation being drafted for voting by non-nationals in local
elections ( Article 8, Maastricht Treaty ) will result in 100 %
participation by such eligible persons ?

What detailed arrangements will the Member States be
obliged to take to ensure that the right to vote for
non-nationals is as automatic as possible with as little red
tape as possible ?

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

Subject : Commission-sponsored projects to combat
racism

Can the Commission say what projects to combat racism,
anti-Semitism, and xenophobia it has financed in 1993 and

1994, giving a brief indication of the aims of each project
and the amounts granted ?

Answer given by Mr Flynn
on behalf of the Commission

( 21 November 1994 )

The Commission co-funded in 1993 and 1994 about a

hundred projects which either directly or indirectly combat
racism, anti-semitism, and xenophobia totalling some ECU

1 742 480 . A list is sent direct to the Honourable Member

and the Secretary general of the Parliament including brief
project descriptions .

(6 January 1995 )
WRITTEN QUESTION E-2121 / 94

by Pierluigi Castagnetti ( PPE ), Mariotto Segni ( PPE ),

6 of Directive 93 / 109 / EC ( ), the Gerardo Bianco ( PPE ), Giovanni Burtone ( PPE ), Carlo
a report to the Parliament and the Casini ( PPE ), Maria Colombo Svevo ( PPE ), Giampaolo
1995 on the application of the D'Andrea ( PPE ), Michl Ebner ( PPE ), Livio Filippi ( PPE ),
1994 elections to the Parliament The Antonio Graziani ( PPE ), Danilo Poggiolini ( PPE ) and Carlo

In line with Article 6 of Directive 93 / 109 / EC ( ), the
Commission will submit a report to the Parliament and the
Council by 31 December 1995 on the application of the
Directive to the June 1994 elections to the Parliament . The

Commission has started to collect data and information on

the turn out at the election and the participation of
non-national voters and candidates, and has not yet drawn
any lessons .

In the context of the proposal for a Directive laying down
detailed arrangements for the exercise of the right to vote
and to stand as a candidate in municipal elections by citizens
of the Union residing in a Member State of which they are
not nationals ( 2 ), the Commission pointed out the limited
scope for comparability between the participation in
European elections on the one hand and the participation in
local elections on the other . But the Commission can assure

the Honourable Member of its conviction that procedures
for non-national voters and candidates should be aligned, as

Secchi ( PPE )

to the Commission

( 13 October 1994 )

. 95 / C 81 / 13

Subject : Concentration of the media in Italy

Does the Commission not consider that recent

developments in the Italian radio and television industry —
culminating in the appointment of the directors of the
national radio and television channels largely from the
Fininvest group, which in effect leaves the entire national
radio and television network under the control of the

government and the public service in the hands of a single

No C 81 / 8 EN Official Journal of the European Communities 3 . 4 . 95

large financial group — create an unacceptable monopoly of
the media which goes against the Community principles of
freedom of competition and the fundamental rights of
citizens ?

What measures does the Commission intend to take to

regulate the problem of concentration in the media in the
countries of the European Union and to guarantee the right
of citizens of the Union to free and pluralist
information ?

decided to continue its work with a view to presenting a
possible initiative in the course of 1995 .

(!) COM(92 ) 480 final, 23 . 12 . 1992 .

( 2 ) COM(94 ) 353 final, 5 . 10 . 1994 .

WRITTEN QUESTION E-2143 / 94

by Leo Tindemans ( PPE )
Answer given by Mr Vanni d'Archirafi to the Commission

on behalf of the Commission

( 13 October 1994 )
(8 December 1994 )

( 95 / C 81 / 14 )

The situation described in the question cannot be dealt with
by existing Community instruments and cannot be the
subject of emergency measures at Community level .

Neither does it necessarily fall within the scope of the
Community competition rules because these do not cover
situations of a mainly or exclusively national nature and
competition law has only an indirect bearing on the problem
of media pluralism . To determine whether the case
described qualifies as a concentration that should be vetted
by the Commission or constitutes a restrictive agreement or
an abuse of a dominant position caught by Article 85 or 86
of the EC Treaty would require a complex, detailed analysis
based on facts which the Commission does not have in its

possession at this stage .

As regards the need to safeguard pluralism and the
fundamental rights of citizens, the Community cannot
tackle a specific problem to do with pluralism in an
individual Member State . Given the objectives and powers
of the Community, there is no legal instrument enabling the
Commission to take emergency measures to safeguard
pluralism in a Member State . Situations of this kind are a
matter for the national authorities of the Member State
concerned, which are in a position to take any measures they
deem appropriate for that purpose .

To iron out the disparities between national merger control
legislation that have created legal barriers in the single
market, the only action under consideration is to propose a
Community initiative on cross-border media ownership
aimed at completing the single market in the media sector .
The Green Paper on pluralism and media concentration in
the internal market : An assessment of the need for
Community action ( J ) demonstrated that the frontier-free
area could not function smoothly unless ground rules were
established at Community level, and it would therefore be
necessary to ensure that pluralism was protected effectively
across the Community . On 5 October the Commission
adopted a communication to the Council and Parliament on
the follow-up to the Green Paper ( Follow-up to the
consultation process relating to the Green Paper on

' Pluralism and media concentration in the internal market :
An assessment of the need for Community action ') ( 2 ) and

Subject : Provision of services

Subsequent to the entry into force of Council Directive
89 / 646 / EEC (*), does the Bank of France 's interpretation of
the amended French Banking Law of 23 January 1984
constitute a breach of the provisions of Article 59 et seq of
the Treaty of Rome and / or of the second banking Directive,
in that it proposes that, before a Belgian credit institution
authorized in its country of origin, operating under the
freedom to provide services and complying with Article 20
of the above directive establishes a branch, there must be
prior notification, for the purpose of intervention by an
intermediary ( legally independent of the credit institution
and representing solely the French borrowers )?

(M OJ No L 386, 30 . 12 . 1989, p . 1 .

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 25 November 1994 )

Following the entry into force of the Second Banking
Directive, the Commission takes the view that a Member
State can require a credit institution which is not established
on its territory, and which acts through an intermediary, to
set up a branch there only if the intermediary acts as a
genuine extension of the credit institution so that third
parties do not have to deal directly with the credit institution
itself but may transact business with the intermediary
constituting the extension .

Four conditions, based on the case-law of the Court of
Justice, must therefore be met if a credit institution is to be

required to follow the prior notification procedure that goes
with setting up a branch :

— the intermediary must be subject to the credit
institution 's ( normally exclusive ) authority ;

3 . 4 . 95 1 EN Official Journal of the European Communities No C 81 / 9

— it must have the power to negotiate with third

parties ;

— it must be able to act in a manner that is binding on the

credit institution ;

— it must be acting on a permanent basis .

The facts reported by the Honourable Member suggest that
these conditions are not met in the case in point, since the
intermediary is not subject to the credit institution 's
authority . The Commission does not, however, deny the
host Member State 's right to require, on public-interest
grounds, that the intermediary be authorized by the credit
institution to act on its behalf . However, the existence of
such authority does not, in its view, necessarily mean that
the credit institution is subject to the rules on the right of
establishment rather than the rules on the freedom to

provide services .

Lastly, the Commission is aware of the problems mentioned t
by the Honourable Member and is discussing them with the
Member States in the appropriate fora .

WRITTEN QUESTION E-2149 / 94

Answer given by Mr Bangemann

on behalf of the Commission

( 16 January 1995 )

The Commission has been carrying out an in-depth study of
the postal sector since 1989 . In close consultation with the
interested parties, it has adopted two communications (*)
clarifying the main objectives for the development of postal
services in the Community . Following a recent Council
request set out in the resolution of 7 February 1994 ( 2 ) on
the development of Community postal services, the
Commission is preparing the legislation necessary for the
objectives adopted .

Where rates are concerned, the aim is to establish a rate
system for the universal service based on real costs . Postal
service costs are determined mainly by wage costs and
within the Community there are still significant variations in
unit labour costs . In the postal sector, wage costs may be
twice the amount in one national postal service than in
another depending on the Member State . The
implementation of a rate system based on real costs should
eliminate unfair competition in the postal sector and
guarantee economic and financial viability in the provision
of services within the universal service .

by Antoinette Spaak ( ELDR )

Commission This situation should gradually ease as the rate of economic

development in the different Member States evens out, but

October 1994 ) at present the introduction of a stamp which is valid in the

95 / C 81 / 15 twelve Member States would not be feasible .

to the Commission

( 13 October 1994 )

Subject : A European postage stamp The Community institutions do, however, participate in the
programmes designed to ensure that the efficiency and

The Commission is no doubt aware that Parliament has quality of postal services are improved rapidly and that the
taken particular interest in the idea of issuing a European standard of services is levelled up . These programmes come
postage stamp and harmonizing postage rates, in the under the Structural Funds for regional development and
context of creating a ' people 's Europe '. the funds for trans-European trade networks .

In 1988, in its communication on a people 's Europe (*), the
Commission, while pointing out that ' to fix the same value
in the twelve Member States for a stamp valid throughout
the Community would give rise to problems due to
variations within the European Monetary System, as well as
to problems of standardization ', nonetheless considered
that It would be feasible for each of the Member States to

introduce at least one stamp indicating the equivalent value
in ECU, as was recently done in France '.

What progress has been realized in this connection ? Is the
Commission considering taking specific action in this area,
in view of the need to continue the efforts thus far

undertaken with a view to creating a ' people 's Europe '?

(M COM(88 ) 331 .

With regard to the stamp itself, and its symbolic value for
the European citizen, the Commission supported the
Member States ' joint issue in 1992 of 12 stamps
commemorating the start of the Single Market . It financed a
travelling exhibition within the Community which helped to
make the public aware of this new phase in the
Community 's history .

(!) COM(91 ) 476 final and COM(93 ) 247 final .

( 2 ) OJ No C 48, 16 . 2 . 1994 .

No C 81 / 10 EN Official Journal of the European Communities 3 . 4 . 95

WRITTEN QUESTION E-2182 / 94

by Jaak Vandemeulebroucke ( ARE )

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

to the Commission ( 22 November 1994 )

( 21 October 1994 )

( 95 / C 81 / 16 )

Subject : Tax on video and audio tapes and equipment

Press reports indicate that a proposal to levy a copyright tax
on audio and video equipment and tapes is not being
pursued .

Why not ?

Will this not encourage illicit reproduction of original
works, seriously damaging the interests of their
copyright - holders ?

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 25 November 1994 )

The allegations referred to by the Honourable Member,
according to which the introduction at Community level of
a harmonized level of remuneration for private copying is
not being pursued, are false .

Following consultations with those concerned, a draft
proposal is currently being examined by the Commission,
which will take a decision once the preparatory work has
been completed .

However, the Honourable Member should be aware that
this is a particularly delicate matter which is giving rise to
objections from certain quarters . A dispassionate and
thorough study is therefore necessary .

Articles 43 ( 1)(12 ) and 47 of Council Directive
78 / 660 / EEC ( l ) establish the obligation to publish ' the
amount of the emoluments granted in respect of the
financial year to the members of the administrative,
managerial and supervisory bodies by reason of their
responsibilities '. All the Member States have reported
national measures fulfilling this obligation .

Article 44 of Directive 78 / 660 / EEC authorizes the Member

States to exclude from the obligation referred to in the
previous paragraph those companies which meet the
conditions laid down in Article 11 of the same Directive

(' small companies '). On the basis of the communications
received, all the Member States except Denmark, Spain and
Portugal have exercised this option .

Lastly, Article 4 of Council Directive 90 / 604 / EEC ( 2 ),
amending Article 43 ( 1)(12 ) of Directive 78 / 660 / EEC, has
made it possible for Member States to allow the amount of
the emoluments granted in respect of the financial year to
the members of the administrative, managerial and
supervisory bodies by reason of their responsibilities not to
be published where such information makes it possible to
identify the position of a specific member of such a body . On
the basis of the communications received :

( a ) this option has been exercised by the following Member
States : Belgium, Germany, France, Luxembourg and
the Netherlands ;

( b ') it has not been exercised by Denmark, Ireland, Italy or

the United Kingdom ;

( c ) Greece, Spain and Portugal have not yet transposed
Directive 90 / 604 / EEC .

í 1 ) OJ No L 222, 14 . 8 . 1978 .
( 2 ) OJ No L 317, 16 . 11 . 1990 .

WRITTEN QUESTION E-2195 / 94

WRITTEN QUESTION E-2191 / 94
by Alexandros Alavanos ( GUE )

by Pat Gallagher ( RDE ) to the Commission

to the Commission
( 21 October 1994 )

( 21 October 1994 )

( 95 / C 81 / 18 )
( 95 / C 81 / 17

Subject : Company law requirement on directors ' fees and

remuneration

What is the position in each of the Member States regarding
the company law requirement that directors ' fees and
remuneration must be published either individually or in
aggregate form ?

Subject : VAT reductions or exemptions for restoration

work on historic buildings

Since April 1994 the Europa Nostra company has been
calling for a reduction in VAT levied on repairs to buildings
which form an important part of Europe 's cultural heritage .
Other organizations, such as the Greek Association for
Environmental Protection, support this request .

3 . 4 . 95 LEN Official Journal of the European Communities No C 81 / 11

VAT reductions would not only enhance the social and Can the Commission provide its own, or the EIB 's,
economic importance of Europe 's cultural heritage but assessment of the way in which these funds have been used ?
would also help preserve specialist skills which are in danger In view of the demand — new requests have already been
of dying out . made by Chile, Peru, Mexico and Brazil — would it be

possible, as would seem reasonable, to increase the overall
Can the Commission state : sum available, including the share allotted to Latin
America ?

1 . what steps it intends to take to support efforts to restore

and preserve Europe 's cultural heritage ?

2 . whether the proposed exemption from VAT is in line

with the principle of subsidiarity ?

3 . how it views this request for a reduction in VAT for
cultural reasons ?

Answer given by Mrs Scrivener

on behalf of the Commission

(2 December 1994 )

Under Community VAT legislation ( the Sixth Council VAT
Directive is amended by Directive 92 / 77 / EEC ), repairs to
historic buildings are not currently eligible for the reduced
VAT rate . However, beginning in 1994 the Council is due to
review the scope of the reduced rate every two years on the
basis of a Commission report .

The Commission can assure the Honourable Member that it

supports efforts at national, regional and local level to
restore and preserve Europe 's cultural heritage within the
framework of its annual programme of support for pilot
conservation projects .

Furthermore, the Commission intends to present, very
shortly, a communication to the Council and the Parliament
on new orientations and intiatives in the field of cultural

heritage .

WRITTEN QUESTION E-2202 / 94

by Carlos Robles Piquer ( PPE )

to the Commission

( 21 October 1994 )

( 95 / C 81 / 19 )

Subject : EIB loans to Latin America

Finally, after numerous recommendations by Parliament,
the Board of Governors of the European Investment Bank

( EIB ) has authorized it to finance projects in Latin America
to the value of ECU 750 million over a three-year
period .

As a result of this decision, loans have already been granted
to Argentina ( natural gas distribution ), Mercosur ( roads )
and Costa Rica ( electricity ). The value of these loans is ECU

135 million .

Answer given by Mr Christophersen

on behalf of the Commission

( 21 December 1994 )

In February 1993 the European Investment Bank ( EIB ) was
authorized by its Board of Governors to provide financial
assistance of up to ECU 750 million over three years for
investment projects in Latin American and Asian countries
that are signatories to cooperation agreements with the
European Union .

Since then, financing contracts have been concluded in Latin
America for :

— the construction of a dam and a hydro-electric power

station in Costa Rica : ECU 44 million ;

— the modernization and extension of the natural gas

distribution network in Argentina : ECU 46 million .

Further loans totalling ECU 202 million have been
approved by the EIB 's Board of Directors for projects in four
Latin American countries .

In accordance with the rules governing such assistance, all
these investment projects are of mutual interest to Europe
and the countries concerned .

The Commission considers that the total amount of

operations approved up to November 1994 and the
investment projects in question are fully consistent with the
guidelines adopted by the Council on 19 May 1992, when it
called on the EIB to fund investment in Latin America and

Asia within the limits referred to above .

Following the Council Decision of 15 February 1993, the
Commission forwards once a year to Parliament and the
Council an evaluation report on the EIB 's activities in Latin
America and Asia . The first of these reports was presented
on 8 July 1994 . As provided for in the Decision, the
Commission will, at the end of the three-year period,
propose the continuation of EIB loans guaranteed by the
Community budget . At the same time, the loan ceiling will
be reviewed .

No C 81 / 12 | EN Official Journal of the European Communities 3 . 4 . 95

WRITTEN QUESTION E-2203 / 94

by Carlos Robles Piquer ( PPE )

to the Commission

( 21 October 1994 )

( 95 / C 81 / 20 )

Subject : Breakdown of aid under the Rechar 2
Programme

The excellent collaboration established in 1992 by the
European Parliament and the Commission bore fruit in the
Commission 's launching of the Rechar 2 Programme to
provide aid for the economic conversion of coal-mining
areas . Its budget of ECU 400 million was significantly higher
than that of Rechar 1 . The expiry of the ECSC Treaty in
2002 lends a sense of urgency to the situation of the
European coal industry, which faces increasingly stringent
environmental restrictions and tough competition from
producers who benefit from extremely low wages .

How does the Commission intend to allocate the first

projects supported by Rechar 2 in the coming months ? Also,
have any provisions been made to supplement the planned
subsidies and social assistance with other measures designed
to promote ways of using European coal, whilst keeping
environmental damage to a minimum, as has been
attempted at the Puertollano plant in Spain ?

Answer given by Mr Millan
on behalf of the Commission

(7 December 1994 )

The main priorities for the Rechar II Community initiative

programme are :

— the creation of jobs and alternative economic activities in

mining areas ;

— training and re-training for the workers concerned ;

— restoration of sites, particularly from an environmental

point of view .

The Commission recently allocated the financial resources
for 1994 — 1997 among the Member States ; Spain will
receive ECU 27,3 million over that period .

Community measures concerning the clean utilization of
coal are mainly to be found in assistance to research and
development under the Fourth Framework Programme and
measures to increase awareness Under the Thermie

Programme . Operational programmes part - financed by the
European Regional Development Fund may also include
grants for equipment to burn coal cleanly provided that they
are economically competitive and so contribute to regional
development .

To provide social support for the re-structuring of the coal
industry, the Commission has also approved a social

complement to the Rechar Programme to run from 1994 to

1997 . The total amount involved is ECU 110 million which

will meet part of the total cost of measures relating to early
retirement, unemployment and regrading ( allowances to
compensate for loss of wages, redundancy payments and
geographical mobility allowances ) for workers affected by
re-structuring and closures .

WRITTEN QUESTION E-2212 / 94

by Angela Sierra González ( GUE )

to the Commission

( 21 October 1994 )

( 95 / C 81 / 21 )

Subject : Community preference guarantees in the banana

market

On 27 September 1994 Commissioner Marin told the
European Parliament that the various measures to be taken
in support of banana production in the ACP countries
formed part of a global approach to the banana problem
and that, in the context of the common organization of the
market ( COM ) in bananas, which has been operating for
about a year now, efforts will also be made to protect certain
areas of the Community .

Does this mean that the Commission intends to make

changes to the current COM in bananas in the light of its
operational track record ? If not, what will be the effect on
Community producers of the intended measures to open up
the market to the ' dollar banana '? Is the question of
compensation for Community producers in case of harmful
repercussions on Community preference being
considered ?

Answer given by Mr Steichen

on behalf of the Commission

( 18 November 1994 )

Following the agreement concluded with the four Latin
American countries in the context of the Uruguay Round,
there are no plans for further changes to the rules as regards
support for Community production .

The increase in the tariff quota agreed should not
fundamentally alter the balance between the different
sources of supply to the Community market .

In addition to the structural provisions which form part of
the common organization of the market, Community

3 . 4 . 95 | EN Official Journal of the European Communities No C 81 / 13

banana producers can also take advantage of the
compensatory aid scheme in order to market their
products .

WRITTEN QUESTION E-22 15 / 94

by Mary Banotti ( PPE )

to the Commission

( 21 October 1994 )

Directorate-General XXIII recently put forward a
multi-annual work programme in favour of cooperative
societies . How does the Council view the tax measures taken

by the Italian Government through the law on finance
(' Finanziaria '), whose impact on the cooperative sector is
such that they are threatening not only its development but
also its very survival ?

WRITTEN QUESTION E-2226 / 94

by Renzo Imbeni ( PSE )

( 95 / C 81 / 22 ) to the Commission

( 21 October 1994 )

( 95 / C 81 / 24 )
Subject : VAT on church buildings

Does the Commission intend to reduce the VAT payments
on the maintenance and repair of buildings of historical and
architectural importance, including church buildings ?

Answer given by Mrs Scrivener

on behalf of the Commission

( 23 November 1994 )

Under Community VAT legislation ( the Sixth Council VAT
Directive as amended by Directive 92 / 77 / EEC ), repairs to
buildings of historic or architectural importance such as
church buildings are not currently entitled to a reduced rate
of VAT .

However, beginning in 1994 the Council is due to review the
scope of the reduced rate every two years on the basis of a
Commission report .

Subject : Italian law on finance and Commission
guidelines

In view of the bill containing provisions on the
establishment of the annual and multi-annual State budget

(' legge Finanziaria 1995 ') and the bills on public finance
operations, which were tabled by the Italian Government on
30 September 1994 ; given the importance of
socio-economic undertakings in the Member States of the
European Union and the set of Community measures
designed to strengthen this economic sector and safeguard
its specifically social objectives ; and in view of the
multi-annual work programme in favour of cooperative
societies, recently put forward by the Commission 's
Directorate-General XXIII, will the Commission point out
to the Italian Government that certain provisions contained
in the ' Finanziaria 95 ' will have an extremely harmful
impact on the cooperative sector and employment levels ?

Joint answer to Written Questions

E-22 17 / 94 and E-2226 / 94

given by Mrs Scrivener
on behalf of the Commission
WRITTEN QUESTION E-22 17 / 94

by Giulio Fantuzzi ( PSE ) (2 December 1994 )

to the Commission

( 21 October 1994 )

( 95 / C 81 / 23 While the Commission accepts the importance of the
cooperative sector, Member States are free to take measures
to finance their budget, as long as they are not in conflict

Subject : Tax measures affecting cooperatives in Italy with Community law . The Commission will see to it that

such conflict does not exist within the finance bill when it is

adopted .

Socio-economic undertakings are very important in Europe
as a whole . The Community has taken measures to
strengthen this economic sector and safeguard its
specifically social objectives . The Commission 's

No C 81 / 14 EN Official Journal of the European Communities 3 . 4 . 95

WRITTEN QUESTION E-2219 / 94

by Jannis Sakellariou ( PSE )

to the Commission

( 21 October 1994 )

( 95 / C 81 / 25 )

Subject : Right-wing extremism in the Commission

1 . Is the Commission of the opinion that persons with
extreme right-wing and / or fascist views or political links are
able, as Commission officials, to carry out the work of the
Commission satisfactorily ?

designed to strengthen this economic sector and safeguard
its specifically social objectives ; and in view of the
multi-annual work programme in favour of cooperative
societies, recently put forward by the Commission 's
Directorate-General XXIII, will the Council point out to the
Italian Government that certain provisions contained in the
' Finanziaria 95 ' will have an extremely harmful impact on
the cooperative sector and employment levels ?

Answer

( 10 February 1995 )

2 . If not, what steps has the Commission taken or will it

On the basis of a report submitted by the Commission, the

take to prevent such people from becoming Commission
officials ? ' Council will examine on 5 December the compliance of the

economic policies followed in the Member States with the
broad guidelines which it addressed to them in the
recommendation adopted on 11 July 1994 pursuant to the
provisions of Article 103(2 ) of the Treaty .
Answer given by Mr Van Miert

on behalf of the Commission

( 22 December 1994 )

In line with general legal principles and Articles 10 and 14 of
the Convention on Human Rights, the European civil
service does not discriminate on the basis of political
convictions in its recruitment policy .

The Commission would fail to fulfil its obligations under
these principles if it were to refuse to recruit a candidate or
dismiss an established official because of their political
beliefs .

WRITTEN QUESTION E-2225 / 94

by Renzo Imbeni ( PSE )

to the Council

( 26 October 1994 )

( 95 / C 81 / 26 )

Subject : Italian law on finance and Commission
guidelines

In view of the bill containing provisions on the
establishment of the annual and multi-annual State budget

(' legge Finanziaria 1995 ') and the bills on public finance
operations, which were tabled by the Italian Government on
30 September 1994 ; given the importance of
socio-economic undertakings in the Member States of the
European Union and the set of Community measures

WRITTEN QUESTION E-2245 / 94

by Nicole Fontaine ( PPE ) and
Georges de Brémond d'Ars ( PPE )

to the Commission

( 26 October 1994 )

( 95 / C 81 / 27 )

Subject : VAT on discs

The Commission is currently preparing a proposal for a
Directive amending Directive 77 / 388 / EEC ( J ), as last
amended by Council Directive 92 / 77 / EEC ( 2 ).

The amendment is intended mainly to revise the list of
supplies of goods and services which may be subject to
reduced rates of VAT ( Annex H ).

1 . Discs have so far been excluded from the list . Since the

list currently includes books, concerts and broadcasting
services, discs are being discriminated against . Should
they not be included on the list on cultural, social and
economic grounds ?

2 . Has the Commission made it clear to the governments of
the Member States that, where goods are included on the
list of goods which may be subject to reduced rates of
VAT, Member States are not required to reduce their
rates of VAT on those goods but are permitted to

3 . 4 . 95 I EN Official Journal of the European Communities No C 81 / 15

do so ? Should the Commission not obviate any
misunderstanding by stipulating that the lower VAT
rate for goods listed in Annex II is optional ?

(!) OJ No L 145, 13 . 6 . 1977, p . 1 .

( 2 ) OJ No L 316, 31 . 10 . 1992, p . 1 .

Answer given by Mrs Scrivener

on behalf of the Commission

( 25 November 1994 )

Under Community VAT legislation ( the Sixth Council VAT
Directive as amended by Directive 92 / 77 / EEC ), supplies of
compact discs, records etc . are not currently eligible for the
reduced rate of VAT .

However, beginning in 1994, the Council is due to review
the scope of the reduced rate every two years on the basis of
a Commission report .

The Commission can assure the Honourable Members that

Member States are well aware of the optional nature of the
reduced rate .

WRITTEN QUESTION E-2252 / 94

by Anne André-Léonard ( ELDR )

to the Commission

( 26 October 1994 )

( 95 / C 81 / 28

Subject : Non-food production and CAP

Non-food derivatives of agricultural products should be
considered as an alternative to be explored by the
agricultural sector, which has been seriously affected by the
CAP reform and the Blair House agreements .

Can the Commission indicate what stage has been reached
on this issue and exactly what decisions and measures the
Directorate-General responsible intends to take ?

Answer given by Mr Steichen

on behalf of the Commission

( 14 December 1994 )

support programme for the cultivation of agricultural
products intended primarily for non food purposes .

On the basis of Article 7 ( 4 ) of Council Regulation ( EEC )
No 1765 / 92 establishing a support system for producers of
certain arable crops (*), which allows land set aside to be
used for the provision of materials for the manufacture
within the Community of products not primarily intended
for human or animal consumption, two Commission
regulations were adopted last year which set out the detailed
rules for ' non food, non-feed ' use of annual and perennial
raw materials grown on set aside land ( Commission
Regulations ( EEC ) No 334 / 93 ( 2 ) and ( EEC ) No 2595 / 93 ( 3 )
respectively ).

Raw materials eligible for the scheme include cereals, certain
oil seeds and protein crops, sugar beet, certain shrubs and
bushes, and short rotation forest trees with a maximum
harvest cycle of ten years .

Farmers are showing increased interest in the opportunities
offered by these schemes . According to preliminary
indications the area devoted to non food set aside in

1993 / 94 amounted to about 690 000 hectares, an increase
of about 160% compared to the first year of the
scheme .

Coupled with the agricultural reform proposals,
Community research programmes such as Eclair

( 1989 — 1992 ), agriculture and agro-industry, including
fisheries ( 1991— 1994 ) and agriculture and fisheries

( 1994 — 1998 ) give support to research projects aiming at
the creation of new market opportunities, including
non-food products, for agricultural produce .

OJ OJ No L 181, 1 . 7 . 1992 .

( 2 ) OJ No L 38, 16 . 2 . 1993 .

( 3 ) OJ No L 238, 23 . 9 . 1993

WRITTEN QUESTION E-2263 / 94

by Jesús Cabezón Alonso ( PSE ), María Izquierdo Rojo ( PSE )

and Ana Miranda de Lage ( PSE )

to the Commission

(9 November 1994 )

( 95 / C 81 / 29 )

Subject : Anchovy catch of the French fishing fleet

Can the Commission confirm whether at the beginning of
October 1994 the French fishing fleet had exceeded its
The agricultural reform proposals adopted by the Council in allotted anchovy quota, including the quota ceded by
June 1992 included as a new initiative a specific enhanced Spain ?

No C 81 / 16 EN Official Journal of the European Communities 3 . 4 . 95

Does the Commission realize that, if this is the case, serious
damage is being done to other countries ' fishing fleets,
particularly that of northern Spain ?

Answer given by Mr Paleokrassas

on behalf of the Commission

( 19 December 1994 )

According to the provisional catch report submitted to the
Commission by the French authorities, catches of anchovy
totalled 8 989 tonnes up to 30 September 1994 . This figure
accounted for 95 % of the anchovy quota allocated to
France which totals 9 600 tonnes for 1994 including 6 400
tonnes received by France in an exchange with Spain . The
fishery was closed by the French authorities on
10 November last . The closure was confirmed by the
Commission on 18 November 1994 .

WRITTEN QUESTION E-2273 / 94

by Glyn Ford ( PSE )

to the Commission

(9 November 1994 )

The Commission understands the concern expressed in this
question and appreciates the Honourable Member 's general
concern for those suffering from disablement . The
Commission is equally concerned, as has been clearly
indicated in the white paper on social policy and, in respect
of transport specifically, in the report on measures to be
taken in relation to access to means of transport for people
with reduced mobility ( J ).

In adopting formal proposals for this final type-approval
measure for buses and coaches, the Commission will take
due account of the need to cater for people who are disabled
or suffer reduced mobility . Among specifications required
to be considered are those in relation to accessibility,
low-floor construction, special handrails, means of
communication with the driver, and the installation of
ramps, lifts and other similar equipment and facilities .

The ultimate objective of the Commission will be to ensure
that any formal proposal it adopts in this matter — having
due regard to the principle of subsidiarity — will meet all the
relevant Community objectives in the industrial, transport
and social fields .

(M COM(93 ) 433 .

( 95 / C 81 / 30 )
WRITTEN QUESTION E-2275 / 94

by Peter Crampton ( PSE )

to the Commission
Subject : Disabled people's needs

(9 November 1994 )

( 95 / C 81 / 31 )
Why has the Commission 's DG III decided not to include
disabled people 's needs in the drafting of new design rules
for buses and coaches for all of Europe ?

Subject : Discrimination against public sector workers

Answer given by Mr Bangemann

on behalf of the Commission

( 15 December 1994 )

There will be no question of the Commission deciding on a
proposal which would effectively preclude the disabled
from the use of public transport .

It is presumed that the question refers to preparatory work
which is still in progress on the drawing up of technical rules
to be observed during the manufacture of buses and coaches
for both public and private use . This particular project is
intended to be the final one in a series of European type
approval packages for such vehicles ( similar to that already
in place for cars ) and is geared towards ensuring the integrity
of the internal market in these vehicles .

Article 19(1A ) of the 1968 UK / France Double Taxation
Agreement states that ' Pensions paid out of public funds in
the UK, in respect of services rendered to the Government of
the UK or a local authority in the UK, in the discharge of
functions of a Governmental nature, shall be taxable only in
the UK ' ( assuming the pensioner is a UK national ).
Consequently, the French authorities are not entitled to tax
such a pension .

Article 1 8 ( 1 ) of the same Double T axation Agreement states
that a private sector pension ' paid in consideration of past
employment to a resident of France shall be taxable only in
France '. Consequently, the UK authorities are not entitled to
tax such a pension .

A constituent of mine who worked for a UK local authority
and is now resident in France would like to have his UK

pension paid gross to his French bank and pay French taxes .

3 . 4 . 95 [ EN Official Journal of the European Communities No C 81 / 17

He is not allowed to do so because he worked in the public

sector .

WRITTEN QUESTION E-2279 / 94

by Jean-Pierre Raffarin ( PPE )

to the Commission

Does the Commission agree that this constitutes (9 November 1994 )
discrimination against public sector workers and does the ( 95 / C 81 / 32 )
Commission know how widespread this discrimination
is ?

Subject : Measures to deal with disruption to the
Commission 's work

Answer given by Mrs Scrivener

on behalf of the Commission

( 16 December 1994 )

Tax matters in relations between Member States are

governed by bilateral agreements, the principles of which
are usually based on the OECD model tax convention .

Article 19(2)(a ) of the model convention provides that ' any
pension paid by, or out of funds created by, a Contracting
State or a political sub-division or a local authority thereof
to an individual in respect of services rendered to that State
or sub-division or authority shall be taxable only in that
State '.

Pending the investiture of the new Commission, work in the
departments of this important institution seems to have
been disrupted .

A considerable amount of business seems to have been

blocked and projects that were under way appear to have
been abandoned . This particularly applies to regional policy

( further action on the Europe 2000 report, for instance ).

The regions of the Union are in urgent need of the structural
funding that has been allocated to them so they can take
advantage of the recovery that is now emerging .

What measures will the Commission take to deal with these

disruptions to its work ?

The principle that the State paying the pensions in question
has the exclusive right to tax them is enshrined in all bilateral Answer given by Mr Millan
conventions between Member States and results from the on behalf of the Commission
principle of international courtesy, under which a State does (7 March 1994 )
not tax officials or civil servants of another State .

On the Honourable Member 's question whether this tax
treatment could constitute discrimination against public
sector workers, given that pensions paid by the private
sector are usually taxed in the country of residence

( Article 18 of the OECD model tax convention ), the
Commission would point out that income tax is a matter for
the Member States . Community law as it currently stands is
no bar to the application of Member States ' rules on
personal income tax, provided that these observe the
principles and fundamental freedoms enshrined in the EC
Treaty, e.g. the ban on discrimination on grounds of
nationality ( Article 48 ). On the other hand, the principle of
equal treatment for public and private sector workers does
not fall within the scope of Community law as such .

In the light of the foregoing, the Commission takes the view
that the provisions of the UK / France double taxation
agreement whereby public sector pensions are taxed in the
Member State paying them do not infringe Community
law .

The Commission does not agree with the Honourable
Member .

Work on establishing the second programming period for
the Structural Funds ( 1994 — 1999 ) is progressing normally .
For example, all the financing planned for the Objective 1
regions ( almost ECU 94 billion ) was approved in the form of
Community support frameworks or single programming
documents before the summer . Similar documents for the

other Objectives are being approved or will be approved in
the next few weeks, and in any case no later than the end of
the year .

The Europe 2000 report ( 1 ) was approved by the
Commission on 27 July and presented to the ministers
responsible for planning in Leipzig on 21 and 22 September .
Some technical changes are being made to ensure high
quality text and maps and it will be published shortly .

(M COM(94 ) 354 .

No C 81 / 18 EN Official Journal of the European Communities 3 . 4 . 95

WRITTEN QUESTION E-2289 / 94

by Wolfgang Kreissl-Dörfler ( V )

to the Commission

( 15 November 1994 )

95 / C 81 / 33

Subject : Brenner Pass route and possible alternative
projects

What advantages are expected from the new Brenner Pass
route ? If Switzerland carries out its NEAT project, would
not the best route be via Lindau and Lake Constance to the

Gotthard Pass ?

Is completion of the Brenner Pass route planned for before
or after completion of the NEAT project ?

By what means will the Commission reduce traffic through
the Alps in the meantime ?

Have there been studies on the cost effectiveness of the

Brenner Pass route and of alternative projects which would
take less time to build ?

Answer given by Mr Oreja
on behalf of the Commission

(9 January 1995 )

The development of the Munich — Verona railway and
combined transport axis, with the Brenner base tunnel
between Innsbruck and Fortessa as an integral part, is
intended to reinforce the attractiveness and the

competitiveness of these ecologically more friendly modes of
transport within the concept of the trans-European
transport network . The assessment of the ideal access route
for the NEAT falls under the competence of the German and
Swiss authorities .

At present, the two NEAT tunnels are expected to be
completed earlier than the Brenner base tunnel . Changes in
technical and financial feasibility may however modify this
estimate in the future .

Based on a Council mandate of 1 March 1994 in the context

of Austria 's accession negotiations, the Commission will,
prior to 1997, present a proposal for the solution of
environmental problems caused by the traffic of heavy
goods vehicles, including in the ecologically sensitive alpine
chain . This common framework will be based on four

elements : development of rail infrastructure, promotion of
combined transport services, cost transparency and gradual
improvement of technical vehicle standards .

Brenner General Consultant ( BGC ), on behalf of the
national railway companies concerned ( DB, FS and OBB ),
presented a final report in March 1994, which concludes, on
the basis of a possible scenario for discount rate and annual

traffic growth, that the project will need a 30 — 40 % share
of public financing to be sufficiently attractive for private
investors . The BGC study does not analyse alternative
projects, but is based on the feasibility study of the
' Internationales Brenner-Konsortium ' ( IBK ) of
1987 — 1989 which, after an analysis of criteria including
technical feasibility, duration of construction and ecological
impact, favoured the project which has now been confirmed
in the memorandum signed on 21 November 1994 by the
transport ministers of Austria, Germany and Italy and by
the Commission .

WRITTEN QUESTION E-2290 / 94

by Wolfgang Kreissl-Dörfler ( V )

to the Commission

( 15 November 1994 )

( 95 / C 81 / 34 )

Subject : Estimated costs of the new Brenner Pass route

What percentage of this project will be financed from EU
funds ?

Which EU funds ( budget lines etc .) are likely to be used for
this funding ?

Are resources from the European Investment Fund ( EIF )
also expected to play a part in this funding and if so, in what
way ?

Is the Commission aware that the costings given for
construction of this route do not take account of VAT and

financing costs ?

Answer given by Mr Oreja
on behalf of the Commission

(9 January 1995 )

Any financial support by the Community will be based upon
the provisions of Article 129c EC Treaty which permits
three forms of financial intervention : feasibility studies, loan
guarantees and interest-rate subsidies . The amount of
Community support will also depend on the level of private
financing available to the project . So far, the Community
has given financial support for feasibility studies for the
Benner project and for the promotion of combined
transport on that route .

The project is eligible for financing from budget line
No B5-700 for transport infrastructure and from Structural
Funds .

The resources of the European Investment Bank and of the
European Investment Fund are, in principle, open for
financing trans-Alpine transport infrastructure projects on
Community territory .

3 . 4 . 95 Len Official Journal of the European Communities No C 81 / 19

To the knowledge of the Commission, the study done by the
Brenner general consultant and approved by the three States
concerned, was in compliance with generally accepted
standards for assessing investment costs .

locomotive and on the braking characteristics of the
vehicles . On the Alpine route, the length of the train can also
be a determining factor in relation to total capacity of a
route . Freight trains on Alpine routes are normally shorter
than in the flatter country .

WRITTEN QUESTION E-2291 / 94

WRITTEN QUESTION E-2293 / 94
by Wolfgang Kreissl-Dörfler ( V )

to the Commission by Carlos Robles Piquer ( PPE )

to the Commission
( 15 November 1994 )

( 15 November 1994 )
( 95 / C 81 / 35 )

95 / C 81 / 36 )

Subject : Implications of the planned Brenner Pass route for

road and rail traffic

To what extent does the Commission expect the planned
Munich — Verona Brenner Pass route to reduce road traffic

( passenger and goods traffic )?

What ist the Commission 's view of the plans to allow a
mixed traffic of goods trains and passenger trains on the
Brenner Pass railway ?

What is the load factor for existing rail routes through the
Alps ? How many trains are there for local passenger
transport, long-distance passenger transport and goods
transport ? What is the average tonnage carried by a goods
train ?

Answer given by Mr Oreja
on behalf of the Commission

(9 January 1995 )

The Commission expects that the completion of the
Munich — Verona axis will transfer an increasing share of
passenger and goods transport fr6m road to rail . At present,
however, this future modal shift is difficult to quantify, since
it will be dependent on a number of other factors, including
both the level of user charges on competing road routes and
the quality of rail and combined transport services .

The Commission considers it necessary to enhance, within
the limits of technical feasibility and profitability, the
attractiveness of both passenger and goods transport on the
Brenner axis .

As regards the capacity available at present, the Commission
understands that this is limited and will soon be exhausted .

In particular, an imminent capacity shortage is expected for
the lower Inn valley in Austria . A double-track railway can
normally not support more than 100 trains per day in each
direction . The Commission does not have detailed figures
on the distribution between the different types of rail traffic .
The average weight of a freight train depends on the

Subject : Obligatory insurance for cyclists

Far behind us lies the year 1986, which the European
Community dedicated to road safety, but the resolution
which the European Parliament devoted to the bicycle has
lost none of its relevance and topicality ; it defined bicycles as
a cheap, energy-saving and healthy mode of transport,
which contributes to traffic de-congestion and reduces noise
and air pollution .

However, following the recent spectacular surge in bicycle
sales, and the number of fatal accidents involving cyclists, it
is surprising to note that the latter have no appropriate
insurance to cover medical care, civil liability, theft or
damage, and that only cyclists who are members of
federations enjoy such insurance cover, thanks to the action
taken in this respect by their respective sporting
federations .

Since it is the case that most experts believe that the
insurance policy in question ought to be obligatory for all
road-using cyclists, does the Commission believe that it
should consider making a proposal to this effect or, at least,
making the drivers of two-wheeled vehicles more aware of
the usefulness of having such an insurance policy ?

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 22 December 1994 )

Under Council Directive 72 / 166 / EEC of 24 April 1972
relating to insurance against civil liability in respect of the
use of motor vehicles i 1 ), cyclists are covered in case of
accidents caused to them by motor vehicles, the extent of the
liability covered and the conditions of cover being
determined in accordance with the second Council Directive
84 / 5 / EEC ( 2 ).

The second part of the question raises another problem,
namely the issue of whether cyclists should be obliged to
take out an accident insurance covering not only their civil
liability, i.e. the civil liability of the cyclist but also the theft

No C 81 / 20 1 EN Official Journal of the European Communities 3 . 4 . 95

of the bicycle, medical expenses etc . The Commission is of Given that the type of plant in question was originally for
the opinion that this issue is a matter for the Member States military purposes, projects seem eligible within the scope of
to decide and currently is not envisaging presenting draft the International Science and Technology Centre provided
legislation in this area . that they fulfill the necessary conditions, including the

re-training of military experts, and that they are submitted
(!) OJ No L 103, 2 . 5 . 1972 . correctly as part of the project selection process .

( 2 ) OJ No L 8, 11 . 1 . 1984 .

WRITTEN QUESTION E-2295 / 94

WRITTEN QUESTION E-2294 / 94 by Concepció Ferrer ( PPE )

by Carlos Robles Piquer ( PPE ) to the Commission

to the Commission ( IS November 1994 )

( IS November 1994 ) ( 95 / C 81 / 38 )

( 95 / C 81 / 37 )

Subject : Competent authorities for the implementation of

Subject : Various designs in the nuclear field as a result of

the conversion of the former Soviet

military-industrial complex

Are the Commission 's services evaluating the various
designs for small nuclear plants ( less than 200 megawatt )
which appear to be proliferating as a result of the conversion
of the military-industrial complex of the former Soviet
Union and its entry into the field of civil production ?

Given that nuclear plants of this kind could provide a
suitable electricity supply for remote areas of any part of the
world, supplying the energy needed for essential
de-salination plants, and given that, on the other hand, they
use naval techniques tested alongside other military systems
on nuclear submarines, does the Commission believe that
further development of these designs should be included in
the implementation of the European Energy Charter and,
first and foremost, in the work of the International Science
and Technology Institute in Moscow ?

Community programmes

On most of the various fact sheets on Community initiatives
( known as Info technique ) produced by the
Directorate-General on Regional Policy, the authority
responsible for implementing the programme is, in most of
the territorially decentralized Member States, the competent
authority in the relevant sector .

However, in the case of Spain, the sole responsible authority
mentioned is the central government, despite the fact that
there is a Spanish Constitutional Court ruling establishing
that the autonomous governments are competent to manage
EC funds in those areas which come under their

jurisdiction .

Does the Commission intend to take any steps to alter the
current situation ?

Answer given by Mr Millan
on behalf of the Commission
on Answer behalf given of the by Commission Mr Oreja (7 December 1994 )

( 17 January 1995 )

It is true that medium-power nuclear plants may provide a
solution to problems of local electricity supply in remote
and isolated areas, including for the de-salination of water,
as is already the case in Kazakhstan . However, safety
conditions for the plant, its operation and its technological
environment must be ensured .

The European Energy Charter and its nuclear protocol deal
in very general terms with energy matters . No reference is
made to specific plants but neither are there any
exclusions .

Depending on the circumstances, the ' Infotechnique ' fact
sheets indicate the national or regional authority responsible
for the management of the operational programmes or
global grants in question .

It is the exclusive responsibility of each Member State to
designate the authority and the Commission respects the
appointment . Accordingly, the fact sheets reflect the official
texts of the decisions concerning the assistance in
question .

3 . 4 . 95 I EN Official Journal of the European Communities No C 81 / 21

QUESTION E-2296 / 94 subsidies it grants to neighbouring third countries for

Concepció Ferrer ( PPE ) agricultural products which is in direct competition with

French overseas products ?
to the Commission

WRITTEN QUESTION E-2296 / 94

by Concepció Ferrer ( PPE )

( 15 November 1994 )
What steps does it plan to take ?
( 95 / C 81 / 39 )

Subject : Appropriations allocated within the framework of

the Retex Initiative

At its meeting of 12 October 1994, the Commission decided
on the regions eligible for funding to be granted for

1994 — 1997 under the Community Retex initiative, and the
guidelines for how the appropriations allocated were to be
shared between the Member States .

Of the additional funding of ECU 94,6 million, 63,6 % is
earmarked for Germany, 19,2 % for Italy and the remainder
is shared between France, Belgium, the UK and Spain .

Can the Commission indicate which areas of Spain this
funding is to be assigned to, how much each area will
receive, and what criteria were used in selecting them ?

Answer given by Mr Millan
on behalf of the Commission

(7 December 1994 )

On 12 October 1994 the Commission decided on an

indicative allocation among the Member States of
appropriations under the Retex Initiative for regions and
areas newly eligible under Objectives 1, 2 and 5(b ) from

1 January 1994 . Spain received ECU 800 000 in additional
funding .

It is up to the Spanish authorities to inform the Commission
through a proposal for an amended Retex Programme how
it intends to use the additional appropriations . Agreement
on this proposal will be sought before the Commission takes
a decision on it .

WRITTEN QUESTION E-2299 / 94

by Blaise Aldo ( RDE )

to the Commission

( 15 November 1994 )

95 / C 81 / 40

Subject : Community subsidies to third countries in
competition with the French overseas departments
and territories

Is the Commission aware of the difficulties encountered by
French overseas regions owing to the negative effects of the

This situation causes considerable problems for the sale of
products from overseas French regions on their own
domestic market .

Answer given by Mr Steichen

on behalf of the Commission

( 21 December 1994 )

The common agricultural policy is financed by the EAGGF .
This Fund provides for measures carried out within the
territory of the twelve Member States . Community
subsidies, therefore, are not granted to agricultural products
from third countries .

A variety of tariff reductions are granted to several third
countries under the generalized preference system .

Under the Poseidom Programme, the French overseas
departments have benefited since December 1989 from a
programme of measures specifically designed to cater for
their remote and isolated location . Among other things, this
programme provides for production, processing and
marketing aid for local agricultural products and facilitates
their access to the single market .

WRITTEN QUESTION E-2308 / 94

by Christine Crawley ( PSE )

to the Council

( 16 November 1994 )

( 95 / C 81 / 41

Subject : EU travel of refugees

Would the Council assist with information on a situation

brought to my attention by a constituent ? A couple who
have been granted refugee status in one EU Member State
are victims of serious racism and wish to take up residence in
another Member State where they have a family support
network . In the light of both the spirit of the Dublin
Convention and the Internal Market 's right for individuals
to travel, work and take up residence within Member States,
would the Council give a view as to the most appropriate
procedures this couple should follow, particularly in the
light of their extenuating circumstances ?

No C 81 / 22 EN Official Journal of the European Communities 3 . 4 . 95

Answer

( 10 February 1995 )

Although Member States consider asylum and immigration
policy as a matter of common interest under Title VI of the
Treaty on European Union, the granting of refugee status is
a matter of national competence in which the Council
cannot intervene . The question of residence for
third-country nationals who have obtained refugee status in
one Member State and wish to take up residence with the
same status in another Member State is also a matter of

national responsibility . The Council is therefore unable to
give any general view on the procedures which the couple
concerned should follow . It is recommended that they make
enquiries at the Representation of the Member State in
which they wish to take up residence .

As the Honourable Parliamentarian will be aware, the
Dublin Convention has not yet entered into force .

WRITTEN QUESTION E-23 13 / 94

by Thomas Megahy ( PSE )

to the Commission

poultrymeat and Council Directive 92 / 117 / EEC of
17 December 1992 relating to the measures for protection
against specified zoonosis and specified zoonotic agents in
animals and products of animal origin in order to prevent
outbreaks of food-borne infections and intoxications . The

first lays down health rules on the production and
marketing of fresh poultrymeat for human consumption,
together with rules on import from third countries . The
second directive provides for collection of epidemiological
data including on campylobacterie and salmonella and lays
down immediate actions for salmonella in poultry breeding
flocks .

The highest priority has been given to salmonella in poultry,
including an internationally accepted top-down approach
for the control of salmonella in poultry breeding flocks . On
the other hand Member States have to submit their national
plans concerning salmonella in fowl, and so far only one has
done so .

(M OJ No L 62, 15 . 3 . 1993 .

( 15 November 1994 ) WRITTEN QUESTION E-23 16 / 94

95 / C 81 / 42 by Thomas Megahy ( PSE )

to the Commission

Subject : Salmonella and Campylobacter in chickens on sale

to the public

Is the Commission aware of a recent study by the
Consumer 's Association of the UK, which found that
salmonella and the bacteria Campylobacter are present in an
extremely high percentage of raw chickens on sale to the
public ? In the UK 36% of the chickens tested contained
salmonella and 41 % Campylobacter . There are other
countries in the EU with even higher levels . Amongst the
causes of this are contaminated feed, poor hygiene and
cramped housing .

Is the Commission prepared to combat this state of affairs
both on the grounds of public health and on the grounds of
farm animal welfare, as in this case the two things appear to
go hand in hand ?

Answer given by Mr Steichen

on behalf of the Commission

( 14 December 1994 )

The Commission is now analysing the study mentioned by
the Honourable Member .

Two Community measures are relevant here, namely
Council Directive 92 / 116 / EEC (*) of 17 December 1992
amending and updating Council Directive 71 / 118 / EEC
relating to the health problems regarding trade in fresh

( 15 November 1994 )

( 95 / C 81 / 43 )

Subject : Freedom of movement for ' life ' prisoners

Prison regulations in the UK mean that life prisoners who
are released are confined to travelling within the UK . Is this
compatible with the rules of free movement of European
citizens allowing them to travel freely throughout the whole
of the European Community ? Do similar arrangements
exist elsewhere in other EU countries ?

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

(9 January 1995 )

Freedom of movement for citizens of the Union, which is
confirmed by the new Article 8a of the EC Treaty, cannot
prevent application of measures depriving convicted
criminals of their liberty . Release of ' life ' prisoners in the
United Kingdom, subject to a number of restrictions
affecting in particular their freedom of movement, is a way
of implementing a sentence depriving a convicted person of
his liberty and cannot be criticized from the viewpoint of
Community law .

3 . 4 . 95 I EN Official Journal of the European Communities No C 81 / 23

As prison regimes are a matter for the Member States alone,
the Commission is unable to state whether arrangements for
releasing ' life ' prisoners similar to those in the United
Kingdom are applied in other Member States .

WRITTEN QUESTION E-2326 / 94

by Carles-Alfred Gasoliba i Bohm ( ELDR )

to the Commission

( 15 November 1994 )

( 95 / C 81 / 44 )

Subject : The export of live animals

Does the current system of Community subsidies under the
CAP make it economically more attractive to export live
animals rather than meat ? Is the Commission aware that, as
a result of this policy, animals for slaughter outside the .
European Union are treated with extraordinary cruelty
during transport and that, on arrival — particularly at
destinations in the Middle East — many have to be unloaded
by crane since they are no longer able to stand up ?

Does the Commission intend to take steps to improve this
situation by setting a limit on the distance travelled between
the farm and the slaughterhouse ? Would this not provide an
appropriate response to the need to protect the welfare of
animals and to the current economic difficulties in the

European slaughterhouse sector and the shortage of leather
and raw hide about which the European leather industry has
repeatedly complained ?

Answer given by Mr Steichen

on behalf of the Commission

Furthermore, in view of the healthy market for beef and veal
in the Community and the cessation of public intervention
purchases from the autumn of 1993, in April 1994 the
Commission adopted a reduction in refunds that affected
only live adult cattle exports .

In conclusion, the Commission considers that the present
relationship between the different categories of refunds is
certainly not to the advantage of live cattle exports, and if
these have indeed picked up over the last three years it is
because, for different reasons of their own, the third
countries in question prefer to import live animals and
slaughter them on their own territory .

On a previous occasion the Commission proposed putting a
limit on the transport time of livestock destined for
slaughter, as a result of an opinion issued by Parliament, but
the Council did not accept the proposal ( 1 ). The scientific
Committee was asked to re-examine the question before the
proposal was reformulated, and it concluded that there was
no scientific justification for setting a time limit, since
livestock can be transported over very long distances,
whatever the objective of their journey, provided that the
transport conditions are suitable . The Commission did not,
therefore, repeat its proposal .

(») OJ No C 154, 23 . 6 . 1990 .

WRITTEN QUESTION E-2329 / 94

by Anne Andre-Leonard ( ELDR )

to the Council

( 16 November 1994 )

( 95 / C 81 / 45 )

Subject : Retention of the African elephant under
Appendix I to the Washington Convention

( 14 December 1994 )

According to various reports by animal protection groups,
the EU, led by the United Kingdom, would appear to have
organized and chaired a conference to decide the fate of the
African elephant, while maintaining the utmost secrecy over
The Commission does not share the Honourable Member 's the matter .

opinion that exporting live cattle has been made more
economically advantageous than exporting meat . Indeed,
aside from the few short periods in 1993 during which the The aim of the conference, held from 19 to 23 September
refund for live cattle was increased to deal with the 1994 in Chobe ( Botswana ) was to re-list the African
particular market conditions, the ratio between refunds for elephant under Appendix II, thereby making the trade in
adult male live cattle and for carcases has hardly been ivory legal once again . What does the Council know about
changed over the last few years and cannot therefore be said this meeting ? Can it state whether such a meeting, designed
to favour the export of live cattle . to re-establish the ivory trade, was actually held ?

The aim of the conference, held from 19 to 23 September

1994 in Chobe ( Botswana ) was to re-list the African
elephant under Appendix II, thereby making the trade in
ivory legal once again . What does the Council know about
this meeting ? Can it state whether such a meeting, designed
to re-establish the ivory trade, was actually held ?

No C 81 / 24 EN | Official Journal of the European Communities 3 . 4 . 95

Answer

( 10 February 1995 )

The conference in Botswana was organized by the United
Kingdom on behalf of the European Union . It was attended
by 17 African States, the Cites Secretariat, UNEP, the
Presidency, the Commission and delegations from several
Member States and third countries .

The meeting was intended to bring about better
understanding between States on elephant conservation and
formed the first stage of a dialogue between African range
States that is set to continue even after withdrawal by South
Africa and Sudan of the Ninth Cites Conference at Fort

Lauderdale in November 1994 of their proposals to
downlist their elephant populations from Appendix I to
Appendix II of Cites . The report of the Conference has been
published and was circulated at the ninth Cites Conference
in November .

WRITTEN QUESTION E-2334 / 94

by André Laignel ( PSE )

to the Commission

(8 November 1994 )

( 95 / C 81 / 46 )

Subject : Financial assistance for the rural environment

under the EAGGF Guidance Section in Objective
5b and No 1 zones in the Single Programming
Documents

My attention has been drawn to the problems which some
regions eligible under Objectives 1 and 5b of the reformed
Structural Funds seem to be experiencing in securing
recognition of the renovation of rural villages and the
protection and conservation of the rural heritage by the
EAGGF Guidance Section in the Single Programming
Documents . As improving the living conditions of the rural
population and cherishing the rural heritage are essential
factors in any rural development strategy, can the
Commission confirm that work to renovate and develop
villages, and the protection and conservation of the rural
heritage, are indeed eligible under the EAGGF Guidance
Section, as laid down in Article 5(c ), third indent, and 5 ( g ) of
Regulation ( EEC ) No 2085 / 93 ( J ) laying down provisions
for implementing the EAGGF Guidance Section .

Answer given by Mr Steichen

on behalf of the Commission

( 21 December 1994 )

The Commission agrees with the Honourable Member that
improving the living conditions of the rural population and
cherishing the rural heritage are essential factors in any rural
development strategy .

Under Objectives 1 and 5(b ) of the reform of the Structural
Funds, the Commission ensures, in accordance with
Regulation ( EEC ) No 4256 / 88, as amended by Council
Regulation ( EEC ) No 2085 / 93, that schemes of village
renewal and development villages and the protection and
preservation of the rural heritage are in line with the mission
of the EAGGF Guidance Section as set out in Article 3(3 ) of
Regulation ( EEC ) No 2052 / 88 . That Article stipulates, in
particular, that the EAGGF Guidance Section, in line with
the principles set out in Article 39 of the Treaty, is to help
ensure a fair standard of living for farmers, to develop the
social fabric of rural areas, to safeguard the environment
and to preserve the countryside . Thus, the measures
included in the single programming documents may concern
rural housing and village renewal and development,
provided such measures are an integral part of a
well-founded rural development strategy .

WRITTEN QUESTION E-2339 / 94

by Reimer Boge ( PPE )

to the Commission

( IS November 1994 )

( 95 / C 81 / 47 )

Subject : Protection of animals for slaughter exported to

third countries

In the Commission proposal COM(93 ) 330 (*) for a
Directive amending Directive 91 / 628 / EEC ( 2 ) concerning
the protection of animals during transport on which the EP
delivered an opinion on 15 December 1993 ( 3 ) and on which
the Council has unfortunately not yet reached agreement,
no reference is made to the export of animals for
slaughter .

1 . Can the Commission indicate the proportion of animals
exported for slaughter compared with total EU meat
exports, giving the figures for each Member State ?

2 . Are there currently differences in the level of export
refund for consignments of live animals and meat
exports ?

3 . What steps has the Commission taken or will it take to

(!) OJ No L 193, 31 . 7 . 1993, p . 44 . guarantee fully the protection of animals exported for

3 . 4 . 95 1 EN Official Journal of the European Communities No C 81 / 25

slaughter including any agreements with the veterinary
authorities of third countries ?

4 . Is the Commission prepared to penalize exporters of
animals who fail to comply with animal protection
requirements, if necessary by withholding export
refunds, in accordance with the demands put forward by
Parliament in the 1995 budget deliberations ?

t 1 ) OJ No C 250, 14 . 9 . 1993, p . 12 .

( 2 ) OJ No L 340, 11 . 12 . 1991, p . 17 .

( 3 ) OJ No C 20, 24 . 1 . 1994, p . 63 .

Answer given by Mr Steichen

on behalf of the Commission

( 21 December 1994 )

1 . Total Community exports of live cattle other than
pure-bred breeding animals amounted to 120 000 tonnes

( carcase weight ) in 1993 and accounted for 9,8% of total
exports in the beef and veal sector (1 228 000 tonnes
carcase weight ).

The percentages for the principal Member States exporting
live cattle are as follows :

— Ireland = 21,2%

— France = 2,7%

— Germany = 14,1 % .

2 . The Commission is of the opinion that the current
ratio between the refunds for adult male bovine animals and

their meat is correct and does not favour the former over the

latter .

3 . and 4 . The Commission can offer no guarantees as to
the welfare of the animals in third countries . However, it is
willing to examine legislative options to ensure that
Community exporters comply with the rules when
exporting animals to third countries .

railway network, it is facing major financial and structural
problems . It has accordingly drawn up a modernization
programme for which appropriations totalling Dr 560
billion have been earmarked for the period 1994 — 1999
from EU Structural Funds and national sources .

However, instead of concentrating on this programme and
the quality of passenger services, the chairman and
managing director announced on 8 September 1994 that the
OSE would be extending its operations in directions which
are inappropriate in view of its designated field of activity
and its serious financial straits, involving the creation of
subsidiaries, such as

1 . ' OSE Tours ' offering tourist packages in cooperation
with other public and private tourist bodies and
operating OSE coach services .

2 . construction companies for engineering projects and

3 . companies responsible for the registration and
development of OSE real estate .

These operations are outside the designated scope of OSE
activities and will compete with the private sector at the

'
taxpayers expense . Given the financial situation of the OSE,
it is obvious that some of the State and Community funding
will be channelled into the setting up and operation of the
new subsidiaries . Are the above OSE projects in line with
rules governing fair competition and the use of State
subsidies and Structural Fund grants ?

Answer given by Mr Millan
on behalf of the Commission

(6 December 1994 )

to third countries . The Community Support Framework ( CSF ) for Greece for

the period 1994 — 1999 stipulates that a business plan will
be drawn up for the Greek Railways Organization ( OSE )
covering both investments and modernization of
operations . An operational programme allocating
Structural Fund assistance totalling ECU 294 million to
WRITTEN QUESTION E-2353 / 94 investments by OSE is also envisaged in the CSF .

by Stelios Argyros ( PPE )

to the Commission

(8 November 1994 )

( 95 / C 81 / 48 )

Subject : Extension of Greek railway operations

Although the Greek Railway Authority ( OSE ) has a
monopoly on the ownership and operation of the Greek

The Commission is aware of an intention on the part of OSE
to create a subsidiary company to manage its investment
programme and considers that such a move could well
improve the implementation of the operational programme
mentioned above . Technical discussions on this are

continuing with the Greek authorities .

However, the Commission is not aware of proposals to
create subsidiaries for tourism and real estate development .

No C 81 / 26 EN Official Journal of the European Communities 3 . 4 . 95

Any activity along these lines would, no doubt, have to be
considered by the Greek authorities in the light of the
business plan approach agreed in the CSF . Questions
relating to Community rules on competition could only be
considered on receipt of details of any alleged
contraventions .

Community finance cannot be used for purposes other than
those for which it is approved . No finance has been
allocated to the subsidiaries mentioned by the Honourable
Member .

WRITTEN QUESTION E-2354 / 94

by Christine Oddy ( PSE )

to the Commission

(8 November 1994 )

95 / C 81 / 49

Subject : Grameen Bank Bangladesh

Is the Commission aware of the existence of the Grameen

Bank in Bangladesh ?

Is the Commission further aware that the Bank 's successes

include increasing incomes by 50 % and reducing poverty by

1 / 5 ? That 90% of the borrowers are women and the

repayment rate is almost 90 % ?

As the bank has expanded to Sri Lanka, Malawi, the
Philippines and Indonesia, will the Commission give
assistance to the Grameen Trust to enable it to further

expand ?

Answer given by Mr Marin
on behalf of the Commission

( 30 November 1994 )

The Commission is very much aware of the existence of the

Grameen Bank in Bangladesh, its functioning, its success
and its importance for women using the facilities . This was
already indicated directly to the Honourable Member in a
letter dated 27 October 1994 .

The Commission recently received a proposal for further
expansion of the Bank 's activities in other developing
countries, and in a first phase is considering assisting the
Grameen Bank in the South Asian context as an important
step in South-South cooperation .

WRITTEN QUESTION E-2355 / 94

by Josu Imaz San Miguel ( PPE )

to the Commission

(8 November 1994 )

( 95 / C 81 / 50 )

Subject : Reform of the COM in wine and criteria of

quality

Several Member States including France, Portugal,
Germany and Luxembourg have, in the context of the
planned reform of the COM in wine, particularly
emphasized the need to re-structure the wine market on the
basis of quality criteria .

Despite the fact that this is a generally accepted objective,
the Commission has not yet specified the wines which under
the relevant Regulation will be exempt, by reason of their
quality, from the obligation to reduce production levels ; the
Commission itself has found it difficult to identify these
wines, as it seems that some surplus wines are to be found
among the quality wines psr .

Some Member States have found it difficult to distinguish
between surplus wines and those which are commercially
viable, as strong social pressure may be preventing them
from discriminating on the basis of criteria of quality, which
by any reckoning is essential .

Has the Commission considered the idea of including in the
relevant Regulation on reform of the COM in wine an open
list, which could be added to by the Member Sates, of wines
which would not be affected by measures to reduce
production ( grubbing up vines, distillation and green
harvesting ) by virtue of their quality, prestige and
commercial viability ?

In this context could the Commission consider the

possibility of taking as an objective criterion for identifying
such wines the fact that they had not benefited in recent
years from COM interventions to reduce production
surpluses ?

Answer given by Mr Steichen

on behalf of the Commission

(7 December 1994 )

In its communication of July 1993 on the development and
future of wine sector policy (*), the Commission attributed
the lack of success of the policies pursued to date to the
failure to take sufficient account of regional
characteristics .

That is why the approach adopted in the draft reform of the
common organization of the market in wine in based on
subsidiarity .

3 . 4 . 95 I EN | Official Journal of the European Communities No C 81 / 27

It will be up to each Member State to select which of the
instruments proposed by the Commission it intends to use
to adjust the quantity and quality of wine production in line
with the reference criteria laid down in the Council
Regulation ( 2 ).

It will not only be able to define the regions in which it
wishes to fix a regional target but will also be able to lay
down a distillation scale exempting certain wines and vary
the instruments used in the regional programmes on the
basis of both the quality characteristics it wishes to promote
and regional differences .

It is clear that this must be the responsibility of the Member
State . It is the Member State which is in the best position to
appreciate the strengths and weaknesses of wine growers
and which is responsible for economic policy .

The fact that the Commission has laid down an ' all wines '

balance, does not imply that the allocation should be purely
mathematical and proportional . It has been made necessary
by growing market interpenetration . Furthermore, the
practical difficulties of administratively separating different
categories of wine with sufficient certainty makes a system
solely for table wines unmanageable .

The Commission therefore has no intention of drawing up a
list of wines exempt a priori from all measures or of laying
down rigid criteria which would again raise problems of
across-the-board application . It will restrict itself to
scrutinizing schemes that the Member States and regions
plan to apply, in order to prevent distortions and any
infringements of the rules .

(!) COM(93 ) 380 final .

( 2 ) COMÍ94 ) 117 final .

WRITTEN QUESTION E-2365 / 94

by Giovanni Burtone ( PPE )

to the Commission

sporting event, the Games will also be a general opportunity
to provide the areas concerned with permanent sporting
facilities for the community as a whole . Such facilities will
help to increase leisure and amateur sports activities and
thereby improve the quality of life of people of all ages .
However, they will be particularly important for young
people, enabling them to engage in healthy, formative
activities and avoid the temptation of drugs or crime .
Universities could also make full use of such new facilities .

The planned measures will therefore be aimed not only at
the Student Games themselves but also beyond these events
and should make provision for full involvement of the
disabled . In the immediate future, these facilities will
provide job opportunities and support for a region faced
with social and economic difficulties . They will also help
promote the area 's significant potential in the field of
tourism .

1 . How can the European Community contribute to the

implementation of these projects ?

2 . Would it be possible to adopt a coordinated approach

under the Structural Funds to set up an appropriate

' '
1997 World Student Games — Sicily Project involving
all the sectors concerned as well as making use of all
available resources ?

Answer given by Mr Millan
on behalf of the Commission

( 11 January 1995 )

The Commission is not, so far, in possession of the detailed
proposals of the Italian authorities as far as the projects to be
financed from the 1994 — 1999 regional programmes for
Sicily are concerned .

If the Italian authorities do make proposals for financial
assistance for the 1997 University Games the Commission
will examine the scope for Community assistance from the
Structural Funds .

( 15 November 1994 ) WRITTEN QUESTION E-23 73 / 94

( 95 / C 81 / 51 ) by Christine Oddy ( PSE )

to the Commission

( 22 November 1994 )

Subject : Support for the World Student Games in Sicily ( 95 / C 81 / 52 )

The World Student Games are due to be held in Sicily in
August 1997 . This very beautiful but also under-developed
region ( Objective 1 area ) of Italy will thus be the focus of
much attention from the world sporting community and
sports lovers in general . Apart from their importance as a

Subject : Dragnet fishing

What is the Commission 's attitude towards dragnet
fishing ?

No C 81 / 28 EN Official Journal of the European Communities 3 . 4, 95

What steps is the Commission taking to ensure that the
world 's stocks of fish are not depleted ?

Answer given by Mr Paleokrassas

on behalf of the Commission

( 10 January 1995 )

The Commission 's position on the use of driftnets was
clearly set out in its proposal for a Council Regulation
amending for the sixteenth time Regulation ( EEC )
No 3094 / 86 ( x ).

The above proposal provides, firstly, for a gradual reduction
in fishing activities for all fleets using driftnets, leading to
their total cessation by 31 December 1997 at the latest and,
secondly, the introduction of control measures specific to
this type of fishing activity .

The proposal is in response to the concern expressed by the

Commission for the impact on fish stocks and the
environment as well as the socio-economic repercussions of
this fishing activity . The problems are set out in the report
drawn up by the Commission on the problems arising from
the use of large driftnets under the common fisheries
policy ( 2 ).

In addition to conservation measures implemented at
internal Community level, the Community, represented by
the Commission, is playing an active role in most of the
international fishing organizations which manage resources
in various areas and is contributing to the work of the
United Nations Conference on straddling stocks and highly
migratory species and also the FAO code of conduct on
responsible fishing .

(!) COM(94 ) 131 final .

( 2 ) COM(94 ) 50 final .

WRITTEN QUESTION E-23 82 / 94

Answer given by Mr Steichen

on behalf of the Commission

( 14 December 1994 )

The Commission has presented the Council and Parliament
with a report on the operation of the agrimonetary system in
the single market, together with a proposal to amend
Regulation ( EEC ) No 3813 / 92 ( J ).

The report covers the period 1 January 1993 to 30 June

1994 and contains information on the effects in the

agricultural sector of the widening of the EMS fluctuation
bands which was agreed on 2 August 1993 .

(M COM(94 ) 498 final .

WRITTEN QUESTION E-23 83 / 94

by Gerardo Fernandez-Albor ( PPE )

to the Commission

( 22 November 1994 )

( 95 / C 81 / 54 )

Subject : An official Community version of the text of the

European anthem

At the end of the various commemorative acts relating to
Europe, participants wish to be able to sing the European
anthem, in accordance with the Community provisions on
the matter .

However, the debate is still running as to which is the official
version of the text of the anthem in the various official

Union languages .

Is the Commission in a position to clarify the matter, and
does it consider that it should formally publish the official
text, as recognized by the Union, of the European anthem in
the various Community languages ?

by Salvador Garriga Polledo ( PPE ) Answer given by Mr Delors
to the Commission on behalf of the Commission

( 22 November 1994 ) ( 12 December 1994 )

( 95 / C 81 / 53

Subject : Repercussions of EMS fluctuations on the
common agricultural policy

Has the Commission made any assessment of the
repercussions on expenditure under the common
agricultural policy of the maintenance of ' wide bands ' of
currency fluctuation within the EMS ?

The Commission would refer the Honourable Member to
the answer to his Written Question No 1174 / 92 (*).

The prelude to the Ode to Joy, 4th movement of the 9th
Symphony by Ludwig van Beethoven, arranged by Herbert
von Karajan at the request of the Council of Europe was
adopted as European anthem by the Consultative Assembly
of the Council of Europe in July 1971 and by the Committee
of Ministers in January 1972 .

3 . 4 . 95 1 en | Official Journal of the European Communities No C 81 / 29

There are no words to the anthem .

This anthem is played at official ceremonies involving the
European Union and generally at all sorts of events with a
European character .

basis will Denmark be obliged to implement them via
legislation, where the implementing agreements are not
valid throughout the labour market ?

WRITTEN QUESTION E-23 99 / 94
(!) OJ No C 40, 15 . 2 . 1993 .

by Lis Jensen ( EDN )

WRITTEN QUESTION E-2386 / 94

by Raymonde Dury ( PSE )

to the Council

( 17 November 1994 )

95 / C 81 / 55

Subject : ILO Convention on the minimum working age for

children

Can the Council explain why the United Kingdom,
Denmark, and Portugal have still not signed Convention

( 138 ) on the minimum working age for children, which
entered into force in 1976 ?

Why has the Council so far neglected to harmonize policy on
ratification and signing of the various ILO Conventions ?

Answer

( 10 February 1995 )

It is not for the Council to comment on questions
concerning the ratification of ILO Conventions .

WRITTEN QUESTION E-2397 / 94

by Ole Krarup ( EDN )

to the Council

( 21 November 1994 )

( 95 / C 81 / 56 )

Subject : Collective agreements

In Denmark and the other Nordic countries collective

labour market agreements are traditionally given force of
law . Commissioner Flynn has in the past confirmed that
Directives in this field might be transposed by collective
agreement rather than national legislation . On this

to the Council

( 21 November 1994 )

( 95 / C 81 / 57 )

Subject : Collective agreements

In Denmark and the other Nordic countries collective

labour market agreements are traditionally given the force
of law . Commissioner Flynn has in the past confirmed that
employment directives in this field might be transposed by
collective agreement rather than national legislation . Will
this allow national agreements to continue to apply in the
normal way, i.e. may be terminated in accordance with the
general law on agreements, and may they validly depart
from the corresponding Directive ?

Joint answer
to Written Questions E-2397 / 94 and E-2399 / 94

( 10 February 1995 )

The Council would remind the Honourable Members that,
as regards the possibility of applying Directives in the social
area by means of collective agreements, such Directives
normally include the following clause in their final
provisions :

' Member States shall bring into force the laws,
regulations and administrative provisions necessary to
comply with this Directive not later than ... or ensure,
by that date at the latest, that the two sides of industry
introduce the requisite provisions by means of collective
agreements, with Member States being required to make
all the necessary provisions to enable them at all times to
guarantee the results laid down by this Directive ' (*).

That said, as regards the specific questions raised by the
Honourable Members it should also be pointed out that it is
not for the Council to comment on questions regarding the
implementation by the Member States of Directives which
the Council has adopted . It is for the Commission to ensure
that Member States apply correctly Directives which are
addressed to them .

(!) See for example Article 18 of Directive 93 / 104 / EEC, OJ No

L 307, p. 1 8 and Article 17 of Directive 94 / 33 / EC, OJ No L 216,
p. 12 .

No C 81 / 30 EN Official Journal of the European Communities 3 . 4 . 95

WRITTEN QUESTION E-2406 / 94

by Alex Smith ( PSE )

Answer given by Mr Oreja
on behalf of the Commission

to the Commission ( 16 January 1995 )

( 23 November 1994 )

( 95 / C 81 / 58 Material from processing which has been disposed of in
such a way that it is not suitable for further nuclear use and
thus is categorized permanently as waste ( safeguards term :

Subject : Withdrawal of nuclear materials from ' measured discards ') is removed from the inventory of a

material balance area and consequently does not form an

safeguards

internal part of the plutonium stock figure ( 292 tonnes for

On how many occasions in the period 1991 / 92 was the
Euratom Safeguards Directorate informed by the United
Kingdom Government, under the provisions set out in
paragraphs 5 and 8 of COM(94 ) 282, that the United
Kingdom was withdrawing nuclear materials from
safeguards applied under the 1978 United Kingdom,
Euratom Agency-International Atomic Agency tripartite
safeguards agreement, for the purpose of ' national security '
as permitted under Article 14 of the agreement ? Has the
Commission made any representations to the United
Kingdom Government in regard to such notification ?

Answer given by Mr Oreja
on behalf of the Commission

( 16 January 1995 )

1992 ). The sum of all measured discards for the year 1992
was 42 kg of plutonium .

In accordance with the 1988 resolution of the Parliament

( ref . B2-910 / 88 ) implementation continues for safeguarding
plutonium contaminated materials .

The Commission has not performed a direct evaluation of
the number of warheads that could be made from

292 000 kg of plutonium . However, the Commission would
draw the attention of the Honourable Member to the

international yardstick of significant quantity ( SQ ). At the
end of 1992 there were according to the information of
Table II.2 the equivalent of 36 500 SQ under safeguards .

WRITTEN QUESTION E-24 13 / 94

The Commission regrets to inform the Honourable Member by Alex Smith ( PSE )
that it is not at liberty to disclose the requested detailed to the Commission
information . ( 23 November 1994 )

( 95 / C 81 / 60 )

Subject : Nuclear material accountancy discrepancies

WRITTEN QUESTION E-2412 / 94

by Alex Smith ( PSE )

to the Commission

( 23 November 1994 )

( 95 / C 81 / 59 )

How many of each of the 11 types of nuclear materials
accountancy discrepancies, listed at Table 11.4 in COM(94 )
282, arose at facilities in the United Kingdom ? At which
particular facilities were these discrepancies discovered ?
What specific steps have been taken in each case to rectify
the discrepancy ?

Subject : Plutonium-contaminated waste Answer given by Mr Oreja
on behalf of the Commission

What proportion of the plutonium listed at Table 11.2 ( 1 ), ( 16 January 1995 )
the Euratom safeguards report, was contained in
plutonium-contaminated wastes ? What additional
measures are taken by Euratom to verify plutonium in The data presented in the table to which the Honourable
PCW ? Has the Commission made any evaluation of the Member refers result from an internal study which aimed to
number of warheads that could be made from the shed light on the detection mechanisms of a non quantifiable
292 000 kg of plutonium designated for safeguards in nature and their value for safeguards .

1992 ?

The discrepancies detected or referred to have been,
(!) COM(94 ) 282 . following verification, rectified subsequently, except for

3 . 4 . 95 en Official Journal of the European Communities No C 81 / 31

those cases for which anomalies were established and Answer given by Mr Oreja
sanctions were imposed . on behalf of the Commission

Reference is made to reply to the Commission 's Written
Question No 2408 / 94 of the Honourable Member .

( 16 January 1995 )

The Commission regrets to inform the Honourable Member
(») OJ No C 75, 27 . 3 . 19 95 . that it is not at liberty to disclose particular details of
information concerning the stocks of nuclear material at
facilities under safeguards .

WRITTEN QUESTION E-2414 / 94

by Alex Smith ( PSE )

to the Commission

( 23 November 1994 )

( 95 / C 81 / 61 )

Subject : Reduction in inspection effort man-days

What is the reason for the reduction in inspection effort
man-days, from 2 275 in 1990 to 2 130 in 1992, at nuclear
re-processing plants as listed at Table 11.7 in COM(94 )
282 ? How many of the inspection effort man-days included
in the 221 for large-scale plutonium plants not yet
operational were devoted to Thorp at Sellafield ?

Answer given by Mr Oreja
on behalf of the Commission

( 16 January 1995 )

The reduction in inspection effort man-days between 1990
and 1992, to which the Honourable Member refers, was due
to the final shutdown of a re-processing plant in the
Community .

Within the 221 inspection effort man-days included in Table
II.2 in document COM(94 ) 282 final, 137 man-days were
devoted to inspection activities related to commissioning
work at Thorp .

WRITTEN QUESTION E-24 15 / 94

by Alex Smith ( PSE )

to the Commission

( 23 November 1994 )

WRITTEN QUESTION E-24 16 / 94

by Alex Smith ( PSE )

to the Commission

( 23 November 1994 )

( 95 / C 81 / 63 )

Subject : Excess special fissile materials

What quantity of excess special fissile materials not in use by
the United Kingdom or EU Member State customers of
either ( a ) Sellafield or ( b ) Dounreay nuclear re-processing
plants have been deposited with the Commission under
Article 80 of the Euratom Treaty ?

Answer given by Mr Oreja
on behalf of the Commission

( 16 January 1995 )

As all stores containing civil special fissile materials at the
places referred to under ( a ) and ( b ) of the question are under
Euratom safeguards, Article 80 of the Euratom Treaty has
not been applied .

WRITTEN QUESTION E-24 18 / 94

by Anita Pollack ( PSE )

( 95 / C 81 / 62 ) to the Commission

( 23 November 1994 )

95 / C 81 / 64
Subject : Depleted uranium stores

What tonnage of depleted uranium, listed at table 11.2 in
COM(94 ) 282, was stored at Subject : Bananas

( a ) Chapelcross in Scotland,

Is it true that the Commission has decreed a minimum length

( b ) Dounreay in Scotland and of 14 cm for bananas to be sold in the EU ? Has it never heard

of the tiny and particularly delicious tropical bananas which
( c ) Sellafield in England, respectively ? can be half this length ? Does it not agree that it is precisely

( b ) Dounreay in Scotland and

No C 81 / 32 EN Official Journal of the European Communities 3 . 4 . 95

this sort of bureaucratic interference and ineptitude which
causes the citizens of the EU to turn against it ?

Answer given by Mr Steichen

on behalf of the Commission

( 16 December 1994 )

The Commission would like to point out to the Honourable
Member that the quality standards issued as Regulation

( EC ) No 2257 / 94 ( a ) apply only to banana varieties of the
genus Musa ( AAA ) spp, sub-groups Cavendish and Gros
Michel, sold fresh to the consumer .

The quality standards do not apply to plantains, bananas for
processing or fig-bananas .

With reference to fig-bananas in particular, which are
indeed a small type, they have different characteristics and
are sold through different marketing channels than Musa .
Fig-bananas are air-freighted to the Community and are
already ripe on reaching the market .

The Commission would also like to remind the Honourable

Member that the quality standards have been discussed
many times with the trade . These standards were requested
by COPA and the final decisions were the result of a general
consensus which included banana traders .

(!) OJ No L 245, 20 . 9 . 1994 .

WRITTEN QUESTION E-2436 / 94

by Stanislaw Tillich ( PPE )

Answer given by Mr Steichen

on behalf of the Commission

(7 December 1994 )

As a part of the reform proposals adopted by the Council in
June 1992 ( Council Regulation ( EEC ) No 1765 / 92 of
30 June 1992 establishing a support system for producers of
certain arable crops ( a )), the build up of cereals based food
stocks is discouraged by the lowering of the level of
guaranted prices to be paid to the farmer, and the obligation
for large scale farmers who wish to claim compensatory
payments to take a proportion of their arable land out of
food or feed production .

An element of the reform of the arable sector is that the

farmer may continue to claim compensation in respect of the
land which he has to set aside if he uses that land for the

provision of raw materials which are to be primarily used for
purposes other than human or animal consumption .

Raw materials covered by this scheme include inter alia
cereals, certain oil seeds and protein crops, sugar beet,
certain shrubs and bushes, and short rotation forest trees
with a maximum harvest cycle of ten years .

Eligible ' non-food ' end products include bio-fuels, certain
pharmaceuticals, chemicals, plastics and paper .

Given that, on the one hand, no aid, for example export
refunds and guaranteed prices, is attributed to any raw
material grown on set aside land or to any product derived
from that raw material, over and above the compensation
granted in respect of the obligation to set the land aside, and
on the other hand, that the level of such compensation is the
same for both set aside land which is taken out of

production and that which is used ' non food ' production,
no specific subsidies are paid to renewable raw materials
within the context of the reform of the arable sector .

to the Commission (!) OJ No L 181, 1 . 7 . 1992 .

( 10 November 1994 )

( 95 / C 81 / 65

Subject : Spiralling subsidies for renewable raw materials

WRITTEN QUESTION E-2443 / 94

The 2 November edition of the Frankfurter Allgemeine
Zeitung contains an article by an economist from the World
Economic Institute in Kiel describing the Commission 's

1992 farm policy reforms as a failure and analysing in detail
how throughout Europe new products involving renewable
raw materials — ranging from flax to bio-diesel — receive
huge subsidies which can in no way be justified on the basis
of the isolated environmental improvements they bring
about .

Can the Commission therefore provide a survey of the
subsidies it has granted for the raw materials concerned
since 1992 ?

by Angela Sierra González ( GUE )

to the Commission

( 30 November 1994 )

( 95 / C 81 / 66 )

Subject : Definition of ' medium-term economic and social

benefits commensurate with the resources

deployed '

What is the Commission 's definition of ' medium-term

economic and social benefits commensurate with the

3 . 4 . 95 1 EN Official Journal of the European Communities No C 81 / 33

resources deployed ', the term used in Article 8(4 ) of UK Ministry of Defence 's High Court admission of
Regulation ( EEC ) No 2081 / 93 ( a ) and Article 14(2 ) of unlawfully discharging pregnant women ?
Regulation ( EEC ) No 2082 / 93 ( 2 )?

(!) OJ No L 193, 31 . 7 . 1993, p . 5 . (!) OJ No L 39, 14 . 2 . 1976, p . 40 .

( 2 ) OJ No L 193, 31 . 7 . 1993, p . 20 .

on Answer behalf given of the by Commission Mr Millan Answer given by Mr Flynn
on behalf of the Commission
( 20 December 1994 ) (3 February 1995 )

Taken in the context of appriaisal, this expression provides
assurance that assistance is justified by making the aid
granted subject to proof that the benefits it will generate in
the medium-term ( in addition to its short-term impact )
justify the expenditure planned .

The Commission was familar with the arrangements made
in the United Kingdom to implement Council
Directive 76 / 207 / EEC into national law and studied all

relevant texts carefully . It was on this basis that the
Commission took infringement proceedings against the
United Kingdom for failure to implement properly the terms
of this Directive, notably concerning collective agreements
and certain exclusions from the terms of the Directive which

were deemed to be too general ( cf . Case 165 / 82 Commission
v. United Kingdom ).

In practical terms, and by way of example, it has been United Kingdom for failure to implement properly the terms
possible to compare resources deployed under the of this Directive, notably concerning collective agreements
Community support frameworks for Objective 1 with the and certain exclusions from the terms of the Directive which
positive impact expected from assistance in terms of were deemed to be too general ( cf . Case 165 / 82 Commission
increasing the rate of growth of the gross domestic product v. United Kingdom ).
of the region in question, promoting employment and gross
fixed-capital formation and the structural changes expected
in the major sectors of economic activity . The Commission did not consider, however, that section 85
of the Sex Discrimination Act 1975, which excludes from its
application service in the naval, military or air forces of the
Crown, was incompatible with the terms of Council
Directive 76 / 207 / EEC .

WRITTEN QUESTION E-2447 / 94

by Robin Teverson ( ELDR )

to the Commission

( 30 November 1994 )

( 95 / C 81 / 67 )

Subject : Equal Treatment Directive 76 / 207 / EEC and the

UK Ministry of Defence

In 1991, the UK Ministry of Defence admitted in the UK
High Court that its policy of discharging pregnant women
from the Armed Forces was in contravention of

the European Community Equal Treatment
Directive 76 / 207 / EEC ( l ). This was, however, 12 years after
the entry into force of this European Directive in August

1978 .

Would the Commission tell us :

1 . Was it aware of this contravention and, if so, why did it
take no action ?

2 . During this period, did any discussions take place
between Commission officials and Member States, in
particular the United Kingdom, as to the
implementation of this Directive, bearing in mind the

During the period in questin, that is 1978 — 1991, the
Commission did have contact with national authorities as to

the implementation of Council Directive 76 / 207 / EEC . This
lead to a number of Article 169 proceedings being taken
where the Commission believed that Member States were

failing to observe their obligations under Community law :
Case 163 / 82 Commission v. Italy, Case 248 / 83 Commission
v. Germany, Case 318 / 86 Commission v. French, Case
312 / 86 Commission v. Frence .

However, the Commission did not pursue the precise
question of the treatment of pregnant women in the British
armed forces . This matter is now governed by Article 10 of
Council Directive 92 / 85 / EEC (*) on the introduction of
measures to encourage improvements in the safety and
health at work of pregnant workers and workers who have
recently given birth or are breast-feeding . This prohibits the
dismissal of a worker covered by the Directive during the
period from the beginning of their pregnancy to the end of
maternity leave, save in exceptional cases not connected
with their condition .

(!) OJ No L 348, 28 . 11 . 1992 .

No C 81 / 34 EN Official Journal of the European Communities 3 . 4 . 95

WRITTEN QUESTION E-2448 / 94

by Anthony Wilson ( PSE )

to the Commission

( 30 November 1994 )

( 95 / C 81 / 68 )

Subject : BST moratorium

Is the Commission aware of the statement made in June

1994 by Mr Neil Hamilton MP, UK Under Secretary of the
State for Corporate Affairs, that :

' Under the Uruguay Round agreements, any trade
restriction taken for sanitary reasons will need scientific
justification in terms of human, animal, or plant health .
In view of the favourable report delivered by the EU
Committee on Veterinary Medical Products, and the fact
that the Commission has accepted that use of BST does
not create a human health hazard, there is no scientific
basis on which imports of milk or milk products from
BST-treated cows should be banned . A challenge in the
new WTO to any import ban would, in these
circumstances, be likely to succeed ' ( letter to Elliot
Morley MP dated 22 June 1994 ).

Does the Commission agree with this statement, and if so, to
what extent will this influence its support for an extension to
the current moratorium on BST, given that BST has now
been licensed for use in the USA ?

Answer given by Mr Steichen

on behalf of the Commission

WRITTEN QUESTION E-2451 / 94

by Mihail Papayannakis ( GUE )

to the Commission

( 30 November 1995 )

( 95 / C 81 / 69 )

Subject : Re-structuring plan for Olympic Airways

The Commission has given its agreement to the Greek

Government 's plan to re-structure Olympic Airways, part of
which involves a reduction of around 1 500 in the airline 's

workforce . As well as cutting down on out-goings, the plan
is also aimed at achieving greater productivity . However,
according to information I have received to date, the 1 500
redundancies will include 500 chief stewards and cabin

attendants and 400 technicians, i.e. 900 workers in job
categories which might be said to be already under-staffed
and which in any case are clearly part of the airline 's more
productive side . There are plans for a reduction of around
600 workers from all the other categories, which account
for 6 000 out of the 10 000 workers currently employed by
the airline . It should be pointed out that the ratio of flight
staff to ground staff is 1:5.3, whereas in all other airlines it is

1:3 or 3.5 .

1 . Is the Commission aware of the above facts ?

2 . Does it really believe that Olympic Airways '
productivity will be improved, as the airline itself has
claimed, by a disproportionate reduction in its more
productive staff ?

3 . If not, does it intend to ask the Greek Government for a
more detailed appraisal of the airline 's staffing problems
and a more balanced and development-oriented scheme
for reducing the number of Olympic Airways staff in the
various categories ?

(9 January 1995 )
Answer given by Mr Oreja
on behalf of the Commission

( 17 January 1995 )

The Commission proposal on bovine somatotropin
( BST ) ( J ) is for a moratorium on its use within the
Community . The proposal does not include a prohibition on
imports of milk and milk products from third countries
where BST is authorized, and such products remain eligible
for entry into the Community . In consequence the
Commission does not consider it necessary to modify its
present proposal .

(!) OJ No C 3, 5 . 1 . 1994 .

In its Decision of 7 October 1994, the Commission
approved the financial aid granted to Olympic Airways by
Greece subject to a re-structuring plan designed to ensure
the company 's viability in the competitive European market
in the short term . This re-structuring plan entails a
significant reduction in the company 's costs, particularly
labour costs, mainly due to a slimming down of the
workforce and an increase in productivity .

It is not the Commission 's place to interfere in the
management of the airline by, for example, expressing an
opinion on the exact number or the nature of the posts to be
affected . The Commission 's Decision, however, does

3 . 4 . 95 E - Official Tournal of the European Communities No C 81 / 35

provide for close scrutiny of the company 's re-structuring
plan and its financial results . Thus, independent experts will
assess the correct implementation of the plan and the
measures set out in the Decision . Additionally, every year
Greece will forward a report on implementation to the
Commission . Finally, increases in capital planned for 1995,
1996 and 1997 are subject to the condition that the aims of
the plan are achieved in the preceding years .

WRITTEN QUESTION E-2452 / 94

by Johanna Maij-Weggen ( PPE )

to the Commission

( 30 November 1994 )

( 95 / C 81 / 70 )

Subject : Human rights in the Czech Republic

1 . Is the Commission aware that upwards of 100 000
gypsies in the Czech Republic are faced with statelessness as
a result of Czech legislation on citizenship and that these
gypsies resident there will not be granted Slovak citizenship
either ?

2 . Is the Commission also aware that this could mean a

sharp increase in the number of stateless gypsies in the new
republics of central and eastern Europe and that this is at
variance with international conventions on the right of
nationality ?

3 . Will this influence the Commission 's east European
policy vis-a-vis the Czech Republic ? If not, is the
Commission prepared to attach thereto a requirement that
the citizenship legislation be so amended that gypsies
resident in the Czech Republic can acquire citizenship ?

Answer given by Mr van den Broek

on behalf of the Commission

( 16 January 1995 )

The Commission is aware of the situation of the Roma as an

exposed and vulnerable group, not only in the Czech
Republic, but also throughout central and eastern Europe .
The Commission took an active part in the seminar held in
Warsaw last September, in the framework of the Conference
on Security and Cooperation in Europe, on issues affecting
the Roma with a view to pointing the way to possible
solutions . The problem of minorities is also of great
importance in the negotiations for the stability pact on
which discussions are continuing .

The Commission is, furthermore, in the process of
supporting two substantial projects aimed at strengthening
the capacity of the Roma community in several countries of
central and eastern Europe in the context of the Phare
democracy programme .

The Czech Republic has human rights obligations in the
international context, in particular the Council of Europe
and the CSCE as well as its Europe agreement . The Czech
Government has been reminded of these obligations in
various fora .

WRITTEN QUESTION E-2462 / 94

by Amedeo Amadeo ( NI )

to the Commission

( 30 November 1994 )

( 95 / C 81 / 71 )

Subject : Aircraft noise

The regulations laying down the maximum level of noise
caused by aircraft, particularly in residential areas, vary
widely from one Member State to another ; some Member
States have even rightly banned the use of noisy aircraft .

Given the serious health problems which can be caused by
high levels of noise, will the Commission take steps to
standardize the laws in force ?

Answer given by Mr Oreja
on behalf of the Commission

( 17 January 1995 )

The Commission is certainly aware of the need to ensure
that people living around airports are adequately protected
against an increase in noise volume due to the growth in air

transport .

The Commission is also aware that the rules differ widely in
the different Member States and even from airport to
airport .

In its white paper on the future development of the common
transport policy (*) the Commission indicated that its action
in relation to noise disturbance affecting the populaton
living around airports will focus on the establishment of a
standard method of calculation of noise exposure levels and
standard noise exposure indices, the introduction of noise
monitoring, land-use rules and noise zoning around
airports .

No C 81 / 36 EN Official Journal of the European Communities 3 . 4 . 95

It is obvious that the impact of aircraft noise on human
health is to a large extent determined by the characteristics
of the individual airport, such as its location, the population
density, the surrounding topography .

Any initiative will need to take account of these
characteristics while giving due consideration to the
principle of subsidiarity .

(M COM(92 ) 494 final .

WRITTEN QUESTION E-2468 / 94

by Ria Oomen-Ruijten ( PPE ) and

W. G. van Velzen ( PPE )

to the Commission

( 30 November 1994 )

95 / C 81 / 72

Subject : Containment of Chernobyl nuclear power
station

1 . Is the Commission aware of the research which was

presented on the programme ' Brandpunt ' broadcast by the
KRO broadcasting association on Dutch television on
30 October 1994, according to which the concrete
sarcophagus around the Chernobyl nuclear reactor is no
longer functioning adequately ?

2 . Is it true that the Russian authorities have had research

carried out into the short-comings in the construction of the
sarcophagus, which concluded that new measures were
urgently required ?

3 . When did the International Atomic Energy Agency
last inspect the Chernobyl site, what were its findings, and
did the inspectors specifically examine the unit which had
been shut down ?

4 . Has the Commission been contacted or has it received

requests for rapid technical and financial assistance to
prevent new hazards arising at Reactor No 4 at
Chernobyl ?

study for an ecologically safe enclosure of the damaged unit
which started in September 1994 and should be completed
within 10 months . The Ukrainian authorities will then

consider the concrete steps to be taken .

3 . The last mission of the IAEA to Chernobyl took place
in March 1994 . It identified the weak points of Chernobyl
units 1 — 3 . Concerning the damaged reactor, the IAEA
expressed its concern about the possible on-site and off-site
radiological impact from unit 4 and pointed out that the
integrity of the shelter is essential .

4 . As far as the requests for assistance for Chernobyl
units 1 — 4 are concerned, the situation is as follows :

— for the damaged unit the Commission 's view is that

further international assistance should be investigated
once the Tacis feasibility study ( see 2 above ) is
available ;

— for units 1 — 3 the G7 action plan for Ukraine, agreed

upon at the European Council at Corfu and at the G7
summit at Naples, provides a comprehensive concept for
the reduction of the risks associated with these three

reactors, i.e. closure of unit 1 in the short term and of
unit 3 in the medium term, while unit 2 would remain
shut down . The implementation of the action plan is
currently under discussion within the G7 framework
with the Ukrainian authorities .

WRITTEN QUESTION E-2472 / 94

by José Apolinârio ( PSE )

to the Commission

( 21 November 1994 )

( 95 / C 81 / 73 )

Subject : Allocation of financial resources to Portugal

within the framework of the Community Support
Framework for the 1994-1999 period

Will the Commission state the precise level of resources
already transferred to the Portuguese State under the new

given by Sir Leon Brittan Community Support Framework for 1994-1999, indicating

of the Commission how much has been allocated to each Operational

Programme and the dates on which the money actually
( 21 December 1994 ) became available ?

Answer given by Sir Leon Brittan

on behalf of the Commission

1 . The Commission cannot identify the study to which
the Members refer . The Commission knows however about

the various ( press ) reports which have been published
concerning the possible malfunctioning of the current
enclosure ( shelter ) of unit 4 at Chernobyl .

2 . The Commission is aware of the need to assess the

present status of the shelter and possible corrective
measures . For this reason a specific project has been
included in the Tacis Programme, consisting of a feasibility

Answer by Mr Millan
on behalf of the Commission

( 19 December 1994 )

At 15 November 1994, the amounts transferred to Portugal
under the Community support framework for 1994-1999
were as follows :

3 . 4 . 95 I EN Official Journal of the European Communities No C 81 / 37

Operational

ERDF EAGGF ESF

Amount
date O

Amount Amount

in ECU date f 1 ) in ECU

Amount Amount

in ECU date f 1 ) in ECU

in ECU in ECU in ECU

programme

Knowledge bases and 24 . 5 . 1994 79 302 500 29 . 3 . 1994 53 270 500
innovation 26 . 10 . 1994 47 581 500

Vocational training 2 . 6 . 1994 5 968 500 29 . 3 . 1994 89 010 000
and employment

Infrastructure for 21 . 3 . 1994 161 805 000

support and
development

Modernization of 5 . 4 . 1994 151 433 500 30 . 5 . 1994 112 294 500 29 . 3 . 1994 28 915 000

the economic

structure

Environment and 21 . 3 . 1994 27 550 500

urban re-generation

Health and social 24 . 5 . 1994 34 891 500 29 . 3 . 1994 23 059 000

integration 15 . 11 . 1994 20 934 900

Promoting the 5 . 4 . 1994 16 760 000 30 . 5 . 1994 3 040 000 29 . 3 . 1994 6 800 000
potential for
regional
development

Prinest 22 . 9 . 1994 3 826 500

Norte 21 . 3 . 1994 24 050 000

Centro 21 . 3 . 1994 13 832 000

Lisboa e Vale 21 . 3 . 1994 15 279 000

do Tejo

Alentejo 21 . 3 . 1994 10 461 500

Algarve 21 . 3 . 1994 1 800 000
15 . 11 . 1994 1 080 000

Azores 5 . 4 . 1994 25 663 000 27 . 5 . 1994 7 300 000 29 . 3 . 1994 4 599 500

Madeira 5 . 4 . 1994 23 544 500 30 . 5 . 1994 6 396 000 29 . 3 . 1994 2 558 000

(') Date of entry in the Commission 's accounts .

WRITTEN QUESTION E-2480 / 94

by Amedeo Amadeo ( NI ) and Cristiana Muscardini ( NI )

to the Commission

Finally, does the Commission agree that the Environment
Agency should take on the specific function of monitoring
regional planning in the Member States ?

( 30 November 1994 Answer given by Mr Paleokrassas
on behalf of the Commission

Answer given by Mr Paleokrassas

(9 SIC 81 / 74 )

( 16 January 1995 )
Subject : Flood-prevention measures

In the wake of the latest disastrous floods in Piedmont,
Liguria and Lombardy in Italy, and Provence and the Cote
d'Azur in . France, what measures does the Commission
intend to take to prevent repetition of this disaster ? Is it
planning to draw up a ground-water map covering the
whole of the Union 's territory and identifying the areas at
greatest risk ?

Does it intend to set strict quotas for de-forestation, linked
to parallel replanting schemes, and to draw up a plan for the
re-forestation of all the areas which could help stabilize the
ecosystem once the trees have re-grown ?

The Commission shares the concern expressed by the
Honourable Members . However, it must point out that the
budget of ECU 2,5 million orginally intended for civil
protection in 1995 was reduced to ECU 1,5 million by the
Council, and Parliament has not seen fit to restore the
original amount . Prevention is one of the new areas of
activity identified by the Council resolution of 3 1 October

1994 on strengthening Community cooperation on civil
protection ( J ). The Commission has, for example, initiated
an analysis of those disastrous floods which occurred in
northern Europe last winter . That analysis could be
extended to the Member States in southern Europe . In

No C 81 / 38 EN Official Journal of the European Communities 3 . 4 . 95

addition a self-teaching workshop on disaster prevention is
in preparation . The experience gained and the techniques
and methods used in the various Member States will be

compared . That workshop could result in a project to be
conducted jointly by several Member States in order, in
particular, to improve the early warning models and systems
— more especially by making better use of meteorological
and geographical data .

The dramatic situations and disastrous damage caused by
catastrophes such as these in the regions concerned heighten
the importance of adequate, long-term management of
natural areas . The Commission also shares the view of the

Honourable Members regarding, above all, the potential for
de-forestation, particularly in sensitive areas . However,
forestry management in general and restricting the level of
de-forestation in particular fall within the exclusive purview
of the national and regional authorities . A Community
contribution towards forestation and forest re-constitution

could be made under regional development programmes
and, as regards the forestation of agricultural land, under
Council Regulation ( EEC ) No 2082 / 92 instituting a
Community aid scheme for forestry measures in
agriculture ( 2 ). Where appropriate, it is for the national and
regional authorities to reassign their priorities, in the light of
the needs expressed, via the appropriations allocated to
those programmes .

The Commission possesses no powers concerning regional
development in the Member States .

(!) OJ No C 313, 10 . 11 . 1994 .

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

WRITTEN QUESTION E-2487 / 94

by Jean-Pierre Raffarin ( PPE )

to the Commission

( 30 November 1994 )

( 95 / C 81 / 75

Subject : Community regional development measure

The XXIInd general assembly of the Conference of
Peripheral Maritime Regions of Europe, held in Cagliari,
Sardinia, unanimously adopted a final resolution which
notably included the following paragraph :

' The regions of the CPMR wi$h to see the rapid
implementation of the decision of the informal Council
in Liege concerning a Community Initiative on Spatial
Planning '.

How does the Commission intend to respond to this
concern expressed by the regions belonging to the
CPMR ?

Answer given by Mr Millan
on behalf of the Commission

( 13 January 1995 )

Informal meetings of ministers do not take decisions . The
Commission has taken account of the guidelines on
planning formulated by the Presidency at the informal
meeting in Liege in the context of the Interreg II Community
Initiative and measures under Article 10 of the Regulation
governing the European Regional Development Fund

( ERDF ) ( l ).

i 1 ) ( EEC ) No 4254 / 88, as amended by Regulation ( EEC )
No 2083 / 93 ( OJ No L 193, 31 . 7 . 1993 ).

WRITTEN QUESTION E-2488 / 94

by Jean-Pierre Raffarin ( PPE )

to the Commission

( 30 November 1994 )

( 95 / C 81 / 76 )

Subject : Regional development handicaps

The XXIInd general assembly of the Conference of
Peripheral Maritime Regions of Europe, held in Cagliari,
Sardinia, unanimously adopted a final resolution which
notably included the following paragraph :

' The regions of the CPMR ask that the EU, in the future
evolution of European policy for spatial planning, take
into consideration the permanent handicaps of insularity
and ultra-periphericity '.

How does the Commission intend to respond to this
concern expressed by the regions belonging to the
CPMR ?

Answer given by Mr Millan
on behalf of the Commission

( 16 January 1995 )

Although an island location is not in itself a criterion for
eligibility under the Structural Funds, most of the island
territory of the Community is so eligible, principally under
Objectiva 1, because per capita GDP in most island regions
is well below the Community average .

As far as planning is concerned, the documents produced by
the Commission, particularly its communication ' Europe
2000 : outlook for the development of the Community 's
territory ' (*), refer to the specific and permanent handicaps
of the islands .

3 . 4 . 95 I EN Official Journal of the European Communities No C 81 / 39

The most remote regions ( the French overseas departments,
the Canary Islands, the Azores and Madeira ) suffer from
permanent handicaps as a result of their considerable
distance from the continent of Europe, their island location,
their small size and environmental problems ( climate and
relief ). The Community has recognized the gravity of these
handicaps through the Poseidom, Poseican and Poseima
Programmes, which provide a framework for the
implementation of Community policies to help these regions
make up their socio-economic backwardness and facilitate
their integration into the internal market .

Planning is a priority for these Community policies which is
strongly reflected in the Structural Funds, for which all these
regions are eligible and through which it is given practical
implementation . These regions also benefit from a specific
Community Initiative, Regis, which was recently extended
to cover the period 1994 — 1999 . This means that a
significant proportion of Community structural assistance
is devoted to planning, whether in terms of infrastructure

( roads, airports and ports ), improving access, the
development of human resources, environmental protection
or support for local sources of energy .

During the new programming period for the Structural
Funds ( 1994 — 1999 ), the Community has increased its
support for the most remote regions as compared with the
previous period ( 1989 — 1993 ). This also includes certain
measures taken under the Cohesion Fund in the case of those

remote regions eligible under it .

Answer given by Mr Millan
on behalf of the Commission

( 16 January 1995 )

One of the major objectives set out in the communication
' Europe 2000 + : a framework for European cooperation on
territorial development ', which the Commission adopted in
July 1994, is the creation throughout the Community of a

viable territory for sustainable development .

The Commission considers that achievement of this

objective in practical terms depends primarily on the
territorial policies adopted by the Member States and
implemented by territorial, regional and local bodies and as
these policies seek to ensure a balance between economic
development and the protection of the natural heritage .

It nevertheless appears essential to define, in a European
context, non-binding strategies and measures to apply
throughout the Community arrived at through consensus
and giving particular attention to the most sensitive areas,
including coastal areas .

WRITTEN QUESTION E-2492 / 94

by Raymonde Dury ( PSE )

to the Commission
(M COM(91 ) 452 final .

( 30 November 1994 )

( 95 / C 81 / 78 )

Subject : Commission competition and recruitment

WRITTEN QUESTION E-2489 / 94

( continued )

by Jean-Pierre Raffarin ( PPE ) With reference to your reply to my Written Question

to the Commission E-1669 / 94 i 1 ), could . you tell me what it means ?

( 30 November 1994 )

95 / C 81 / 77 ) (!) OJ No C 30, 6 . 2 . 1995, p . 2 .

Subject : Protection and development of coastal areas

The XXIInd general assembly of the Conference of
Peripheral Maritime Regions of Europe, held in Cagliari,
Sardinia, unanimously adopted a final resolution which
notably included the following paragraph :

' The regions of the CPMR wish to see the rapid
implementation of a Community policy aiming at both
the protection and the development of coastal areas in
the spirit of the Coastal Charter adopted by CPMR in

1981 '.

How does the Commission intend to respond to this
concern expressed by the regions belonging to the
CPMR ?

Answer given by Mr Van Miert

on behalf of the Commission

( 19 December 1994 )

Candidates who are successful in an open competition
organized by the Commission are not guaranteed a job in
the institution . Their names are simply placed on a list of
suitably qualified candidates which should, according to
Article 5 of Annex III to the Staff Regulations, ' wherever
possible contain at least twice as many names as the number
of posts to be filled .'

All established officials are recruited from these lists of

suitable candidates based on competitions . Such lists all
offer an equal assurance of the calibre of the candidates .

No C 81 / 40 EN Official Journal of the European Communities 3 . 4 . 95

Proposals for recruitment are made by the
Directorates-General, which try to match candidates '
qualifications and experience, and the type of competition
they have passed, etc . to the requirements for the job to be
filled .

The Commission considers it only natural that DG XXI
should select candidates who have passed customs
competitions to fill posts requiring such qualifications, and
other successful candidates for jobs requiring other skills .

29 September, Parliament welcomed the approval of this
programme, which has a total budget of ECU 9 994 500 .

The liaison office has neither the authority nor the means to
address issues such as that raised by the Honourable
Member .

It would be up to the European Union to make
representations to the Cuban authorities with regard to
Mr Corp Yeras .

WRITTEN QUESTION E-25 12 / 94

WRITTEN QUESTION E-2509 / 94 by Miguel Arias Canete ( PPE )

by Carlos Robles Piquer ( PPE ) to the Commission

to the Commission ( 30 November 1994 )

( 30 November 1994 ) ( 95 / C 81 / 80

( 95 / C 81 / 79 )

Subject : Community initiative Pesca

Subject : The situation of the trade unionist Corp Yeras in

Cuba

I find highly unsatisfactory the Commission 's answer to my
earlier Written Question, E-2 123 / 94 ( 1 ) on the attacks
apparently suffered by the Cuban trade union leader Lazaro
Corp Yeras .

Given that the ECHO 'S mandate is inter alia ' to assess

humanitarian actions in third Countries ', surely it could
evaluate this case simply by contacting Mr Corp Yeras,
asking him to confirm or deny the reports and finding out if
there is any type of humanitarian assistance that could be
provided . Is the Commission able to improve on its previous
response ?

In 1994 the Commission launched the Community initiative
Pesca .

Can the Commission give a breakdown by Member State
of the projects financed this financial year under this
initiative ?

Answer given by Mr Paleokrassas

on behalf of the Commission

( 21 December 1994 )

response ? The breakdown by Member State of the overall amount

allocated under the Community initiative Pesca for the
(!) OJ No C 30, 6 . 2 . 1995, p . 59 . period 1994 — 1999 is as follows :

Answer given by Mr Van den Broek

on behalf of the Commission

(6 January 1995 )

Any information that the Commission may have concerning
the situation in Cuba as regards respect for human rights
and fundamental freedoms hjs no bearing on the role of the
Commission 's liaison office in Cuba, which is primarily
concerned with humanitarian aid .

The liaison office is responsible for supervising the
implementation, monitoring and coordination of the
general humanitarian aid programme for Cuba approved by
the Commission in Juli 1994, which will be carried out by a
dozen European NGOs . At the plenary session of

( in ECU million at 1994 prices

Final
Member State
allocation

Belgium 2,0

Denmark 16,4

Germany 23,0

Greece 27,1

Spain 41,5

France 27,9

Ireland 6,7

Italy 33,7

Netherlands 10,7

Portugal 25,6

United Kingdom 36,9

Total 257,9

3 . 4 . 95 I EN Official Journal of the European Communities No C 81 / 41

This includes the amounts added to certain Pesca allocations

( decisions taken in partnership between the Member States
concerned and the Commission ) once the Commission had
decided to increase the overall allocation for Community
initiatives for a number of Member States .

In 1994, commitment appropriations totalling ECU 36
million were entered in the budget for Pesca . The
breakdown of the appropriations among the various
programmes will depend on the outcome of the scrutiny
of the programmes now being undertaken by the
Commission .

WRITTEN QUESTION E-2520 / 94

by Antonio Tajani ( FE )

to the Council

( 16 November 1994 )

95 / C 81 / 81

Subject : Bringing provisions governing Italian higher
institutes of physical education into line with
European legislation

Does the Council agree that :

1 . It is unfair and prejudicial to Italian citizens that a
diploma, and not a degree as in the other countries of the
European Union, is awarded at the end of a course at a
higher institute of physical education ?

2 . The Italian Government and Parliament should be asked

to speed up essential reforms to bring provisions in Italy
into line with European legislation and so end a
situation which places Italian PE teachers at a
disadvantage, as they will never be able to find work
outside Italy unless the reform is implemented ?

under the second general system ( Council
Directive 92 / 51 / EEC of 18 June 1992 on a second general
system for the recognition of professional education and
training to supplement Directive 89 / 48 / EEC ) ( 2 ) where
those conditions are not fulfilled .

Recognition is based on a comparison between the diploma
held by the person concerned and the diploma required in
the host Member State . Adaptation arrangements may come
into operation where there are ' substantial differences '
between the education and training received by the person
concerned and the education and training given in that
Member State . Directive 92 / 5 1 / EEC provides for a system of
' bridges ' to cover cases where the diploma required to
pursue a profession is of higher-education level in one
Member State but not in the other .

It is clear, then that the two general systems do not impose
' European legislation ' on the professions they cover, but are
simply systems of recognition which allow for any
differences of content / level between the types of education
and training concerned .

Consequently, if the education and training for physical
education teachers in Italy does not meet the criteria of the
first general system, it is possible that holders of the diploma
in question would have to give proof of professional
experience or undergo one of the adaptation arrangements
provided for in the two Directives ( adaptation period or
aptitude test ) if they wanted to pursue their profession in
another Member State where the relevant education and

training led to a higher-education diploma .

In these circumstances, the question of whether Italian
legislation should be adjusted in such a way as to have
Italian PE teachers ' diplomas recognized on an almost
automatic basis in other Member States is entirely a matter
for the Italian authorities .

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

( 2 ) OJ No L 209, 24 . 7 . 1992, p . 25 .

WRITTEN QUESTION E-2522 / 94

Answer by Manuel Medina Ortega ( PSE )

( 10 February 1995 ) to the Commission

( 30 November 1994 )

( 95 / C 81 / 82 )
Community-level recognition of teachers ' diplomas takes
place either under the first general system for the recognition
of diplomas ( Council Directive 89 / 48 / EEC of 21 December Thermie

1988 on a general system for the recognition of
higher-education diplomas awarded on completion of
professional education and training of at least three years '
duration ) (*) where the education and training in question
are higher-education level and last for at least three years, or

Subject : Thermie Programme Calendar-map

The 1995 calendar-map of the Thermie Programme
published by the Commission 's Directorate-General for
Energy does not show any of the Community 's outermost

No C 81 / 42 ΓΕΝ Official Journal of the European Communities 3 . 4 . 95

regions ( the Azores, the Canaries, Madeira and the French WRITTEN QUESTION E-2523 / 94
Overseas Departments ). Given that there has been major by Carles-Alfred Gasoliba i Bohm ( ELDR )
Thermie Programme spending in these regions, and that to the Commission
even greater activity is envisaged, can the Commission
rectify this omission as soon as possible ? ( 30 November 1994 )

to the Commission

( 30 November 1994 )

WRITTEN QUESTION E-2664 / 94

by Jose Apolinario ( PSE )

to the Commission

( 14 December 1994 )

( 95 / C 81 / 83 )

Subject : Combined timetable and map for the Thermie

Programme

The combined 1995 timetable and map for the Thermie
Programme, which has been published by the Commission 's
Directorate-General for Energy, does not show any of the
extremely remote areas of the Community ( the Azores, the
Canary Islands, Madeira and the French Overseas
Departments ).

Can the Commission explain the reasons for this omission
and arrange for it to be rectified ?

Joint answer to Written Questions

E-25 22 / 94 and E-2664 / 94

( 95 / C 81 / 84

Subject : Community measures to improve the quality of

raw hides on behalf of the stock-breeding and
tanning sectors

With reference to the quality of raw hide, the raw material
used leather manufacturing, what measures does the
Directorate-General for Agriculture intend to take, both in
the administrative sphere and in the context of aid to
research and demonstration projects :

— to avoid the dangers of the cattle diseases
dermatonycosis and ectoparasitosis which pose a health
threat both to the animals and stock-breeders,

— to improve the hygiene and welfare of the animals,

including during transport operations,

— to increase the profitability of hide as a slaughterhouse

by-product, and finally,

— to remedy the negative impact of poor-quality raw

materials on the European tanning industry ?

Answer given by Mr Steichen

on behalf of the Commission

( 13 January 1995 )

The Commission is concerned about problems due to
infection and infestation, but considers that in each case it is
up to the producers to treat the animals .

given by Mr Oreja Community legislation already exists to deal with animal
on behalf of the Commission welfare, and with health conditions during animals ' lives

( 17 January 1995 ) and transport .

The Commission did not include outermost regions of the
Community ( Azores, Canaries, Madeira and French
Overseas Departments ) in the 1995 Thermie Calender Map
because the map was not intended to represent the whole of
the Community . It presents the geographical continent of
Europe and adjoining areas .

However, the Commission will make every effort to ensure
that these regions are included in future maps produced
under the banner of the Community 's Thermie
Programme .

WRITTEN QUESTION E-2533 / 94

by Christian Jacob ( RDE )

to the Commission

( 30 November 1994 )

( 95 / C 81 / 85 )

Subject : Designations of origin and geographical
indications for agricultural products intended for
human consumption — European Competition
Policy

Council Regulation ( EEC ) No 2081 / 92 (*) lays down rules
on the protection of designations of origin and geographical

3 . 4 . 95 I EN Official Journal of the European Communities No C 81 / 43

indications of agricultural products intended for human
consumption .

The Council laid down these rules on the grounds that the
production, manufacture and distribution of agricultural
products and foodstuffs play an important role in the
Community, and that the promotion of products with
certain characteristics could be of considerable benefit to the

rural economy, by improving the incomes of farmers and by
retaining the rural population in these areas .

Article 85(3 ) of the Treaty of Rome ( competition rules )
states that the provisions of Article 85(1 ) ( prohibition of
agreements between undertakings and concerted practices )
may be declared inapplicable in the case of any practice
which contributes to promoting economic progress .

In the light of the above, how can the Commission justify the
fact that the products referred to in Council Regulation

( EEC ) No 2081 / 92 are subject to Article 85(1 ) when they
make an effective contribution to promoting real economic
progress ?

(!) OJ No L 208, 24 . 7 . 1992, p . 1 .

Answer given by Mr Steichen

on behalf of the Commission

( 21 December 1994 )

As is indicated in the recitals to Regulation ( EEC )
No 2081 / 92 of 14 July 1992 on the protection of
geographical indications and designations of origin for
agricultural products and foodstuffs, the Regulation is
designed, among other things, to promote economic
progress, and provides a set of rules for guaranteeing
conditions of equal competition between producers
benefiting from regulated labelling .

In the name of protecting industrial and commercial
property within the meaning of Article 36 of the EC Treaty,
it set up a system essentially protecting the exclusive rights of
those entitled to use designations of origin and geographical
indications .

This exclusive right is held by producers based in the places
named by the designation of origin or the geographical
indication . As the Court stated in its judgment of
20 October 1993 on Phil Collins, the exercise of that right is
such as to affect trade in goods and services as well as the
conditions of competition within the Community, matters
which should be dealt with in compliance with the rules of
the Treaty . To the extent that the agreements between the
producers concerned are an infringement of Article 85(1 ),

either a decision or a Regulation implementing
Article 85(3 ), would be needed to declare the prohibition
inapplicable as the Honourable Member 's question
maintains .

WRITTEN QUESTION E-2558 / 94

by Michl Ebner ( PPE )

to the Council

( 23 November 1994 )

( 95 / C 81 / 86 )

Subject : Harassment while travelling within Europe

On Wednesday, 9 November 1994, shortly after 11 p.m ., Dr
Michl Ebner was detained for nearly an hour at the Brenner
Pass motorway border checkpoint by Corporal Locorte of
the customs service, without any grounds for suspicion
being stated . Although he identified himself as a Member of
Parliament, all his parliamentary documents and personal
documents were examined page by page ( contrary to the
provisions of Italian State Act No 43 / 1973, Articles 19 and
20, and the relevant service instruction, No 80 of 28 March

1973 ), and he was ordered to empty his coat and trouser
pockets . This raises several questions .

Was this harassment and intimidation of a traveller a

one-off incident, or was it part of a standard practice of this
and other customs officers at the Brenner Pass motorway
border checkpoint ?

Reports suggest that it was not a one-off incident . Do the
officers ' superiors back such action, and since when has this
been the case ?

When Dr Ebner, MEP, refused to empty his trouser and coat
pockets like some common criminal, and demanded to see
Corporal Locorte 's superior, why did Corporal Locorte
then halt the body search ? If there had been any grounds for
suspicion, the customs officer ought to have carried out his
duty in full . Otherwise, he would have been guilty of
dereliction of duty . Assuming that there were no such
grounds, he was acting purely out of malice .

Is this kind of treatment at the Brenner Pass reserved

specially for the ethnic German population of South Tyrol,
typifying the new era of right-wing dominance in Italy, and
is it designed to marginalize any and every minority and
erode their rights ?

For all these reasons, will the Presidency of the Council, in
the person of its President, urge the Italian Government to
take necessary steps to investigate the incident thoroughly,
to discipline the culprit(s ) and to ensure that both elected
representatives and ordinary citizens are spared such
treatment in our united Europe ?

No C 81 / 44 EN Official Journal of the European Communities 3 . 4 . 95

Answer

( 10 February 1995 )

As the Honourable Parliamentarian is aware, he is entitled
to protection under the provisions of the Protocol on the
privileges and immunities of the European Communities,
relating to members of the European Parliament
( Chapter III ). If he is of the opinion that these provisions
were not observed in the incident which he has described, it
is for him or the institution of which he is a member to take

the matter up with the competent national authorities who
are responsible for the behaviour of their customs services '
staff .

Neither the Council nor its Presidency can therefore
intervene in this matter, since it is not within their
competence to do so .

WRITTEN QUESTION E-2561 / 94

by Carlos Robles Piquer ( PPE )

to the Commission

(5 December 1994 )

(9 SIC 81 / 87 )

Subject : European Union action in defence of Community

enterprises which are victims of extortion by the
Russian mafias

It appears that a not inconsiderable number of European
enterprises established on the Russian market are obliged to
pay the local mafias in order to protect their staff and
premises and to ensure the distribution of their products .

For instance, it is known that the ' services ' offered by the
mafia mean that Spanish exporters have to pay an
' additional tariff of 150% of the average price of the
products manufactured in Spain .

Similarly, the registration of foreign enterprises, without
which any European exporter has to pay an additional 35 %
of the value of the premises, is another area dominated by
the mafias .

Whatever the effect of these mafia practices on the Russian
market may be for Community enterprises in general, what
is the Commission 's attitude in this regard and what
measures has it suggested to the Russian authorities in order
to put an end to the abovementioned extortion rackets in its
territory ?

Answer given by Sir Leon Brittan

on behalf of the Commission

( 11 January 1995 )

The Commission shares the Honourable Member 's

concern . In bilateral meetings with representatives of the

Russian Federation including at the highest level, the
Commission has pointed out on a number of occasions that
combatting of criminal activities in Russia is an important
precondition to improving the climate for foreign
investment in Russia and to improving trade relations
between the Community and Russia . The Russian
authorities are well aware of the problems which the
phenomenon of criminality poses for the development of the
Russian economy .

The partnership and cooperation agreement which the

Commission signed with Russia on 24 June 1994, and
which once ratified will be the legal framework for relations
between the Community and Russia, contains provisions on
the prevention of illegal activities which are relevant to these
concerns . Article 81 of the partnership and cooperation
agreement tackles the question of money laundering .
Article 82 proposes that the parties to the agreement
cooperate in increasing the effectiveness and efficiency of
policies and measures to counter the illicit production,
supply and traffic of drugs, and Article 84 confirms the
Community and Russian commitment to cooperate in the
prevention of illegal activities in general . The fact that such
articles have been included for the first time in a bilateral
agreement which the Community has concluded with a
third country, indicates the importance given to the matter
and shows that all parties to the partnership agreement,
including Russia, are aware of the adverse effects criminal
activities could have on our relations .

The Commission would also draw the attention of the

Honourable Member to the Community 's technical
assistance programme Tacis . Projects in the fields of
training, new legal and regulatory frameworks, new and
reformed institutions and non-governmental organizations
particularly aim at supporting the Russian authorities in
their endeavour to draft and implement legislation which
can effectively combat illegal activities in Russia .

WRITTEN QUESTION E-2568 / 94

by Christine Oddy ( PSE )

to the Commission

(5 December 1994 )

( 95 / C 81 / 88 )

Subject : Confinements cells for children in Guatemalan

Government rehabilitation centres

Is the Commission aware that reports have been received of
children being held in rehabilitation cells in government
rehabilitation centres in Guatemala ?

What steps will the Commission take to express its concern
about some inhuman practices ?

3 . 4 . 95 1 EN Official Journal of the European Communities No C 81 / 45

Answer given by Mr Marin
on behalf of the Commission

WRITTEN QUESTION E-25 75 / 94

by Christine Oddy ( PSE )
(6 January 1995 ) to the Commission

The Loranii^,on is aware that young people are being held
for long periods before trial in some government
rehabilitation centres in Guatemala . Since, however, these
centres are not receiving support from the Commission, they
are completely beyond its control .

This situation is partly the result of a national code for the
protection of minors that, in its current form, fails to get to
grips with the real problem .

The law has to be improved . In practice, minors often spend
a long time in custody because a cumbersome bureaucracy
( staff shortages, insufficient training, a backlog in the courts
etc .) prevents their cases being handled speedily .

One aim of the programme adopted by the Commission in
June for street children in Guatemala City is to get this

institutional reform under way .

The programme is particularly aimed at :

( a ) aligning the laws and procedures for helping and
protecting minors at risk on the principles laid down in
the UN Convention on the Rights of the Child ( which
Guatemala has ratified ), finding alternatives to remand
such as probation and other preventive measures

( homes, counselling, moral support, schooling and
vocational training );

( b ) promoting gender-aware training on human-rights

issues for judges in juvenile courts, staff in child-welfare
institution, the police etc .;

( c ) training and educating young people about their rights,
the code for the protection of minors, sexuality, human
relations etc .;

( d ) simplifying and reducing the proceedings prior to

detention by cutting down the investigation and
decision stages and speeding up the process of
obtaining identity papers and other data so as not to
cause minors needless distress .

Alongside the institutional reform, the programme will
include a couple of operations aimed at separating those
held on remand from those who have been convicted of an

offence and reducing to a minimum the time taken to
process cases and the time prisoners spend on remand .

(5 December . 1994 )

( 95 / C 81 / 89 )

Subject : President Kumaratunga and the peace process in

Sri Lanka

Now that Mrs Kumaratunga has been elected President in
Sri Lanka, what steps will the Couhcil take to assist
President Kumaratunga in bringing peace to the northern
part of Sri Lanka ?

Answer given by Mr Van den Broek

on behalf of the Commission

(9 January 1995 )

The Commission is following political developments in Sri
Lanka attentively . It welcomes the measures taken by Sri
Lanka 's new government to get the peace process under way
in the country .

In spite of the violence that accompanied the campaign, the
results of the presidential elections clearly illustrate the wish
of the Sri Lankan people to encourage the new president to
press on with the peace process .

The Union hopes that the adoption, on 29 November 1994,
of a statement condemning terrorism and advocating the
pursuit of the peace process will encourage the Sri Lankan
authorities in this positive direction :

' The EU welcomes the result of the presidential elections,
which were judged to be fair and free . The EU is
encouraged that this outcome will be an incentive for the
newly established Sri Lankan Government to proceed
with its constructive efforts to undertake

confidence-building measures in order to peacefully
resolve the problem of the north and east of Sri
Lanka .

The EU condemns acts of terrorism such as the

assassination of Mr Gamini Dissanayake . Violence
does n't provide a solution for political problems .

In this respect it strongly urges the LTTE to take positive
steps to respond to moves made by the Sri Lankan
Government for restoring peace in the coufitry and to
cease its campaign of violence .

The EU shall continue to closely follow events in Sri
Lanka .

The acceding countries Austria and Finland associate
themselves with this statement .'

No C 81 / 46 EN Official Journal of the European Communities 3 . 4 . 95

WRITTEN QUESTION E-25 76 / 94 respective countries for a six-month period, while
by Christine Oddy ( PSE ), Glenys Kinnock ( PSE ), David encouraging people to return to their homes .

Morris ( PSE ) and Tony Cunningham ( PSE )

to the Commission

(5 December 1994 ) The programme has three components :

( 95 / C 81 / 90 )

— Continued support for UN agencies to cover the region 's

humanitarian needs . Since April, ECHO has allocated

Subject : Assistance to Rwandese refugees substantial amounts to the refugee and returnee

programmes implemented by NGOs under the auspices
of the UNHCR . This approach was endorsed by
Will the Commission fund efforts to provide relief to ECHO 's operational partners in November, and will be
Rwandese refugees in neighbouring countries, to the retained .
displaced inside Rwanda and to returning refugees ?

— Support for the ICRC and a number of NGOs

Will the Commission further encourage the UN to send
human rights monitors to every commune in Rwanda and to
accompany returning refugees ?

Answer given by Mr Marin
on behalf of the Commission

( 16 January 1995 )

implementing humanitarian programmes targeting
displaced people inside Rwanda, as regards both their
immediate needs ( basic and medical ) and those linked to
their resettlement .

This support is designed to enable the bodies concerned to
continue providing humanitarian assistance to displaced
people, relaunch healthcare networks, set up care centres for
unaccompanied minors and orphans, and resettle
families .

— Direct support for NGOs assisting displaced people in

Burundi, ensuring that their needs are catered for fairly
in relation to UNHCR assistance to refugees and

returnees .

Since 6 April 1994, when the Rwanda crisis broke, ECHO, are
has allocated a total of ECU 182 million to humanitarian in relation to UNHCR assistance to refugees and
organizations carrying out programmes to help Rwandese returnees .
and Burundian refugees, returnees and displaced people in
Zaire, Tanzania, Uganda, Rwanda and Burundi . The total
allocated since 21 October 1993, when the crisis in Burundi
began, is nearly ECU 250 million . This latest decision takes the total allocated to Rwandese
and Burundians to more than ECU 180 million since 6

April .

Up to 6 April, all humanitarian aid decisions targeted clearly
defined categories — refugees, returnees, displaced people
— in specific countries, but in response to the scale and
speed of the population movements — particularly those In line with the common position adopted by the Council on
crossing national borders — that followed the eruption of 4 October and its resolution of 25 November, the
the Rwanda crisis, the Commission adopted a more flexible, Commission is currently preparing to send a team of human
regional approach . Since then, all aid has been allocated to rights observers in response to a request from the Rwandese
the people of Rwanda and Burundi as a whole, irrespective authorities .
of the country in which the aid is implemented .

In line with the common position adopted by the Council on
4 October and its resolution of 25 November, the
Commission is currently preparing to send a team of human
rights observers in response to a request from the Rwandese
authorities .

The current situation is that there are more than 2 million

refugees in the countries bordering on Rwanda and
Burundi, with a further 450 000 returnees in Burundi ( from
Tanzania and Zaire ), 450 000 returnees in Rwanda ( from
Zaire and Burundi ), 560 000 displaced people in Burundi
and 1,8 million displaced people in Rwanda . The
humanitarian aid programmes financed in the region by
ECHO since 6 April coming to an end, the Commission
approved in December 1994 a new general humanitarian
package of ECU 50 million designed to meet the basic needs
of Rwandese and Burundians inside and outside their

These observers, three of whom are already in place to
prepare the ground for the larger team that is on its way, will
support the human rights mission of the United Nations
High Commissioner . The team financed by the Community
will comprise some 50 observers who will be on the ground
for five months .

3 . 4 . 95 LJN Official Journal of the European Communities No C 81 / 47

WRITTEN QUESTION E-2583 / 94

by Richard Balfe ( PSE )

to the Council

( 25 November 1994 )

( 95 / C 81 / 91 )

Subject : Wines and spirits

2 . Taking account of the convergence of interests beween

some of the Mediterranean countries and Spain, how
will the new situation affect Spain ? What steps does the
Commission intend to take to offset any adverse
repercussions this may have ?

Answer given by Mr Marin
on behalf of the Commission

With reference to Written Question No 1855 / 94 ( J ) and the ( 16 January 1995 )

Council answer thereto, can the Council confirm that the
results of the first review of the operation of the wines and
spirits Directive, scheduled to take place before 1 January

1995, will be made public ?

(!) OJ No C 24, 30 . 1 . 1995, p . 40 .

Answer

The Commission has proposed a reinforcement of relations
with Mercosur in two phases . The first phase consists of an
inter-regional framework agreement of commercial and
economic cooperation . The second phase is to establish a
progressive and reciprocal liberalization of trade exchanges,
and a consolidated political dialogue .

Within this framework, the Community and the countries of
( 10 February 1995 ) Mercosur are joined in a new challenge, where the
participation of every country appears to be of vital
importance .

The report mentioned by the Honourable Member has not
yet been submitted to the Council . Only after examination
of this report will the Council be able to take a decision on
whether and in what form the outcome of this examination

will be made public .

WRITTEN QUESTION E-25 86 / 94

by Isidoro Sánchez García ( ARE )

to the Commission

(5 December 1994 )

( 95 / C 81 / 92

Subject : Relations with Mercosur and the Mediterranean

countries

In view of Spain 's historic, geographical and cultural ties
with the Mercosur countries and the Mediterranean

countries, can the Commission answer the following
questions :

1 . What role will Spain play in the new scheme of relations

with those countries envisaged by the Commission ?
Does the Commission consider that Spain 's image could
be developed as a platform for cooperation with this
group of countries ?

It is in the context of this European strategy that certain
Member States, which share the same cultural and linguistic
values as those of Mercosur, may contribute more to
boosting and strengthening the existing ties between the two
regions .

This particular role may promote and encourage the active
participation of all Member States, whose important trade
and economic ties with the countries of Mercosur

demonstrate the need for a joint commitment . As to the
Mediterranean, Spain will most probably be one of the
countries most directly interested in the new Med policy .
The Euro-Med Ministerial conference, which should
formally launch the new area of relations, will take place in
Barcelona in November 1995 .

Spain will economically be one of the main beneficiaries of
an upgrading of Euro-Med relations, in particular as far as
the Maghreb is concerned . Spanish trade and investment
relations with the Maghreb are bound to increase
significantly .

The Commission recalls in this context the construction of a

new gas pipeline from Algeria via Morocco to Spain and
Portugal, the electrical inter-connection between Spain and
Morocco and also the increasing importance of Spanish
private investment in Morocco .

No C 81 / 48 EN Official Journal of the European Communities 3 . 4 . 95

WRITTEN QUESTION E-2594 / 94

by Werner Langen ( PPE )

to the Council

( 31 January 1995 )

( 95 / C 81 / 93 )

Subject : Plans for a minimum tax on wine at European

level

It has come to my attention that the Commissioner
responsible intends to put to the Council a proposal for a
minimum tax on wine in the EU . Necessary though it is to
harmonize consumer taxes, these plans are completely at
odds with the Council 's efforts to put the wine market in
order . An EU-wide wine tax would impede the marketing of
wine, thereby running counter to the objective of increasing
sales .

1 . What stage have discussions on introducing an EU

minimum tax on wine reached ?

2 . What minimum rate is envisaged ? By what date is the tax

to be introduced ?

3 . Are there also plans to reduce the higher rates of tax on
wine which are in force in some Member States ?

4 . What is the Council 's view of the contradictions
between the aims of the proposed wine market reform
and the introduction of a tax on wine ?

5 . What stage have discussions within the Council on the

introduction of an EU-wide minimum tax on wine

reached ?

Answer

( 10 February 1995 )

The Council has not so far received the proposal mentioned
by the Honourable Member .

WRITTEN QUESTION E-2597 / 94

cultivating the greatest possible number of fields with the
sole aim of acquiring the premiums per hectare, even if this
means giving up the harvest when prices are too low . This is
especially common in certain sunflower-growing areas of
France .

Such practices openly prevent the aims of the Community
Regulations and thus amount to a misappropriation of
public funds .

What information does the Commission have on this subject
and what measures will it propose or take to remedy this
type of situation ?

Does the Commission plan to propose that the system be
reformed, for example by limiting the number of subsidized
hectares in any one farm ?

Answer given by Mr Steichen

on behalf of the Commission

( 13 January 1995 )

The Commission has no information concerning the specific
allegation made by the Honourable Member .

The Commission is however aware of the risk to the budget
posed by ' cultivation of aid '. For this reason the detailed
rules for the application of the support system for producers
of arable crops, and in particular oilseeds, were drawn up
with an emphasis on the prevention of planting of areas for
the sole purpose of receiving a compensatory payment .
Consequently, payments are only granted to areas under
oilseed crops which are situated in production regions or
parts of production regions declared climatically and
agronomically suitable and which have been sown
according to locally recognized standards . Furthermore, the
crop must be maintained until the beginning of flowering in
normal growth conditions, and at least until 30 June . These
requirements provide a basis for Member States to take all
necessary action to prevent the practices described by the
Honourable Member .

by Noël Mamère ( ARE )
WRITTEN QUESTION E-2598 / 94
to the Commission

(5 December 1994 )

by Bernard Stasi ( PPE ), Georges de Brémond d'Ars ( PPE )

and Jean-Pierre Bébéar ( PPE )

( 95 / C 81 / 94 ) to the Council

( 13 December 1994 )

Subject : Common agricultural policy — speculation : 95 / C 81 / 95
involving misuse of premiums per hectare

As well as reducing producer prices, the reform of the
common agricultural policy introduced a system of
uncapped premiums per hectare .

Some businessmen have used this reform to their advantage
by engaging in speculative practices by renting and

Subject : Reform of the common organization of the market

in wine

The Commission has forwarded to the Council a proposal
for reform of the common organization of the market in
wine .

3 . 4 . 95 [ EN Official Journal of the European Communities No C 81 / 49

To put an end to the structural surplus in Community wine
production, the Commission now alone proposes to lay
down conditions governing production within European
vineyards . Such a reform, if it is adopted will deprive French
inter-branch organizations of their basic rights, especially
their power to regulate the market .

1 . Is the Council fully aware of the disastrous
consequences which a possible threat to the French
inter-branch arrangements in the organization of the
market in wine of designated origin would have on the
economies of areas which produce quality wines and
liqueurs ( Champagne, Burgundy, Bordeaux, Cognac,
etc .)?

2 . The Comite Interprofessionnel du Vin de Champagne

( CIVC ), for example, has successfully monitored and
supervised markets to the satisfaction of the trade as a
whole and the authorities for over half a century . Does
the Council, since it openly supports the principle of
subsidiarity set out in the Maastricht Treaty, not deem it
paradoxical to transfer this responsibility to the
Commission ?

3 . What steps will the Council intend to take in order to

respect the principle of subsidiarity in the new common
organization of the market in wine ?

Answer

designations of origin and geographical denominations
and drawing up stricter growing and production rules
and technical marketing standards than those required
under Community and national legislation .

Furthermore, Article 41 provides for inter-branch
organization agreements or concerted practices to be
extended, under certain conditions, to non-member

operators .

2 . In answer to the second and third questions, it may be
pointed out that, as stated in the text of its proposal, on
the inter-branch issue the Commission followed an

approach which accords fully with the principle of
subsidiarity and which enhances the role of Member
States both in the recognition of inter-branch
organizations, as already mentioned, and as regards the
procedure for extending agreements and concerted
practices .

In addition, the Council would stress that under the
Commission proposal it is for the Member States to
choose, in particular by drawing up regional viticultural
adjustment programmes, the most appropriate ways
and means of contributing to the quantitative
stabilization of the wine sector in accordance with the

target set for them .

WRITTEN QUESTION E-2604 / 94
( 10 February 1995 )

by Eryl McNally ( PSE )

The proposal to which the Honourable Member refers is
currently being examined by the Council 's subordinate
bodies .

In general terms, the aims of this aspect of the Commission
proposal are to enhance the positive contribution of the
inter-branch organizations, by providing the legal
framework for their formation, recognition and activities so
as to foster a more market-oriented approach at regional
and inter-regional level, and to improve the organization of
grape-growing and the production and marketing of
wine .

Far from seeking to cast doubt on the role of inter-branch
organizations, the proposal aims to place them on a sounder
footing and to strengthen their scope for action .

1 . Thus, in answer to the first question, the Honourable

Members ' attention is drawn to Article 39 of the

Commission proposal, which provides for Member
States to recognize inter-branch organizations which are
pursuing, in one or more regions of the Community,
activities which include improving the coordination of
the marketing of wine sector products, increasing the
market value of products, protecting registered

to the Commission

(8 December 1994 )

( 95 / C 81 / 96 )

Subject : Upper age limits

What justification does the Commission give for advertising
posts with an upper age limit ?

When will age limits be abolished ?

Answer given by Mr Liikanen

on behalf of the Commission

( 10 February 1995 )

The Commission would refer the Honourable Member to its
answer to Written Question No 1966 / 94 ( 1 ).

(!) OJ No C 55, 6 . 3 . 1995 .

No C 81 / 50 I EN Official Journal of the European Communities 3 . 4 . 95

WRITTEN QUESTION E-2622 / 94

by James Moorhouse ( PPE )

to the Commission

(8 December 1994 )

( 95 / C 81 / 97 )

Salvador ( debate on topical and urgent subjects of major
importance ) ?

Answer given by Mr Van den Broek

on behalf of the Commission

Subject : Pan-Am County Integrated Rural Development

Project in Tibet (9 January 1995 )

Project in Tibet

Has the Commission analysed the factors which brought
about the collapse of the United Nations World Food
Programme Project 3557 in Tibet and, if so, can it explain
what action will be taken to avoid the Pan-Am Project
suffering the same fate ?

Answer given by Sir Leon Brittan

on behalf of the Commission

( 13 January 1995 )

According to information received from the World Food
Programme ( WFP ) itself and from Save the Children Fund
( UK ), the expected implementation of the WFP project to
which the question refers has only been delayed beyond its
scheduled termination date of August 1994 .

In order to secure the sustainability of the Pan-Am project
strong emphasis has been put on on-the-job training of local
Tibetan staff through a strong presence of long and short
term experts from the Community ( 166 expert months ) as
well as through practical and theoretical training in the
Community and in S.E. Asia . A language training
programme for local staff has already been started under
separate funding to improve communication from the start
of the project .

From a technical point of view, the Pan - Am project will also
put stronger emphasis on on-farm development ( land
levelling and establishment of tertiary and quarternary
canals, etc .), water management, agricultural support
services and social infrastructure than did the WFP

project .

The project therefore should have good chances of
becoming self-sustaining .

WRITTEN QUESTION E-2624 / 94

by Johanna Maij-Weggen ( PPE )

to the Commission

(8 December 1994 )

( 95 / C 81 / 98 )

Subject : Peace process in El Salvador

What action has the Commission taken in response to
Parliament 's resolution of 17 November 1994 on El

Since it was established, the Office of the National Council
for the Defence of Human Rights has received support from
the Commission . In 1992, Community funds were granted
to the organization to help cover start-up costs, staff
training and the drawing up of a list of detainees . The
amount allocated for these three projects was ECU 420 000 .
Further support from the Commission was given to the
organization the following year in the form of an ECU

195 000 grant towards the strengthening of institutions,
training and the dissemination of information concerning
human rights amongst ordinary citizens .

In 1994 the organization was allocated ECU 325 000 for a
decentralization project enabling it to have offices
throughout the country before the departure of Onusal ( 1 ).
In addition, a grant of ECU 350 000 has been made for an
on-going project being run by both the public prosecutor
and Onusal aimed at improving the judicial system .

Support for the transfer of land and for the re-integration of
de-mobilized servicemen is the main priority in Community
cooperation with El Salvador . To date, ECU 25 million has
been spent on setting up a number of large-scale
projects .

The aid granted to El Salvador since the signing of the
Chapultepec Agreements for the consolidation of the peace
process is a clear illustration of the common position of
Parliament, the Council and the Commission in these
matters . The Commission has always followed the
recommendations made by Parliament in its resolutions on
the importance of strengthening peace, democracy, and
respect for human rights within the country .

Since Parliament adopted its resolution on El Salvador on 17
November 1994, the Commission has been informed of the
release of Mr Joaquin Villalobos . Equally, the Commission
would draw the attention of the Honourable Member to the

fact that on 23 November 1994, the UN Security Council
adopted resolution 961 ( 1994D ), which extended Onusal 's
mandat until 30 April 1995 .

(') Observadores de las Naciones unidas en El Salvador ( UN

observers in El Salvador ).

3 . 4 . 95 LJN Official Journal of the European Communities No C 81 / 51

WRITTEN QUESTION E-2638 / 94

by Anna Terron i Cusi ( PSE )

to the Council

WRITTEN QUESTION E-2640 / 94

by Mary Banotti ( PPE )

to the Commission

(1 December 1994 ) (8 December 1994 )

( 95 / C 81 / 99 ) ( 95 / C 81 / 100 )

Subject : Television Without Frontiers Directive

Subject : Requirement of a F1 500 fee to be paid by the

children of Community workers to obtain a
long-term residence permit in the Netherlands

The Netherlands authorities require the children of
Community citizens from other Member States to pay Fl
500 in order to convert their temporary residence permit
( Vergunning tot Verblijf, voor onbepaalde duur ) into a
long-term residence permit ( Vergunning tot Vestinging ).
Those failing to pay this fee risk forfeiting the temporary
permit and, possibly, being expelled from the
Netherlands .

Could the Commission inform us of the most recent

developments of the Television Without Frontiers
Directive ?

Are the new investment quotas for European programmes
part of the revised text ?

What is the situation with new services such as

video-on-demand and Pay-per-view television ? How will
they be covered in the revision ?

Answer given by Mr Oreja
on behalf of the Commission

Is this compatible with Articles 8a and 48 of the Treaty on
European Union, which establish the right to move and ( 16 February 1995 )
reside freely in the territory of the Member States of the
Union ?

The Commission is conducting a detailed investigation of
the problem raised by the Honourable Member and will
inform her of the outcome as soon as possible .

Answer

( 10 February 1995 )

WRITTEN QUESTION E-2644 / 94

by Mihail Papayannakis ( GUE )

to the Commission

The Council would draw the Honourable Member 's

attention to the fact that Community law allows Member (8 December 1994 )
States to issue residence documents to Community nationals ( 95 / C 81 / 101 )
and members of their families on payment of an amount not
exceeding the dues and taxes charged for the issue of identity
cards to nationals (*). Greek

( 95 / C 81 / 101 )

Subject : Greek Broadcasting Corporation ( ERT )

The Council is not in a position to express an opinion on the
specific facts mentioned by the Honourable Member .

(*) See Article 9 of Council Directive 68 / 360 / EEC on the abolition

of restrictions on movement and residence within the

Community for workers of Member States and their families

( OJ No L 257, 19 . 10 . 1968, p. 13 ), Article 2 of Council
Directive 90 / 364 / EEC on the right of residence ( OJ No L 180,
13 . 7 . 1990, p. 26 ), Article 2 of Council Directive 90 / 365 / EEC
on the right of residence for employees and self-employed
persons who have ceased their occupational activity ( OJ No L

180, 13 . 7 . 1990, p. 28 ) and Article 2 of Council Directive
93 / 96 / EEC on the right of residence for students ( OJ No L 317,
18 . 12 . 1993, p. 59 ).

The Greek Broadcasting Corporation, ERT, has found a
rather unorthodox method of settling its accumulated debts
to creditors . It has unilaterally declared that it will pay its
suppliers and programme-makers ( producers, etc .)
normally from 1 July 1994 onwards . As regards all its
previous commitments, it has asked its creditors to accept
substantial reductions in their agreed rates of pay and other
arrangements to ERT 's advantage .

However, the programme-makers in question have already
incurred considerable expenditure and tax ( VAT, etc .) in
carrying out their agreements with ERT and have even taken
out loans which they are repaying at rates which are not, of
course, subject to any reduction . They are now, therefore, in
a worse position on the market than those who have
managed by various means in the past to do occasional work
for ERT and receive immediate payment or compared with
others who did not have formal contracts with ERT . This is

No C 81 / 52 EN Official Journal of the European Communities 3 . 4 . 95

in breach of fair competition rules because their less
favourable position arises not from market regulation but
arbitrary management .

This state of affairs should not reflect on the fact that ERT is

a public enterprise, which is both necessary and desirable
when the private broadcasting sector is developing at such a
pace . Will the Commission therefore say :

1 . what steps it will take to restore order to the market in

the Greek broadcasting sector,

2 . how it might assist ERT to draw up a more rational,

more effective and a financially sounder plan for
reorganizing this important public concern ?

Answer given by Mr Pinheiro

on behalf of the Commission

framework ( CSF ). The remaining amounts, principally the
balances of the last annual instalments, will be paid during
1995, as laid down in the provisions governing operation of
the Structural Funds .

Implementation of the first CSF is proceeding satisfactorily :
by the end of 1994, about 90% of the appropriations
planned had been paid .

WRITTEN QUESTION E-2656 / 94

by Stephen Hughes ( PSE )

to the Commission

( 16 January 1995 ) ( 14 December 1994 )

( 95 / C 81 / 103

1 . The operation of the Greek radio and television
market is not within the Commission 's review powers, being
reserved for the relevant Greek authorities — the Ministry
for the Press and Information and the National Radio and

Television Council — acting under the national laws
applicable to it .

2 . The Commission has no power to offer its services to a
broadcasting corporation wishing to put its finances in
order . Here again, it is for the national authorities to take
the measures needed to ensure that the public corporation is
under proper financial management whilst abiding by
Community law .

Subject : Car tax

I have received letters from constituents who have moved to

Greece from the UK and have travelled there with their

family cars . On arrival in Greece they have been told that
their visa would allow them to keep the car in Greece for
only six months . Thereafter, via the local Customs Office,
they would be allowed a six-month and then a further
three-month extension .

These rules seem to be completely unfair, and I wonder
when the European Commission will be ending these
barriers to the free movement of citizens within the EU

Member States .

WRITTEN QUESTION E-2646 / 94

by Konstantinos Hatzidakis ( PPE )

to the Commission

(8 December 1994 ) Answer given by Mr Monti
on behalf of the Commission
( 95 / C 81 / 102

(7 February 1995 )

Subject : Payment appropriations for Greece from the first

Community Support Framework

What was the level of payment appropriations for Greece
from the first Community Support Framework during

1994 ; what amounts have been received between 1 January
1994 and the present and which projects are behind
schedule ?

Under Community law, a person who has his normal
residence in one Member State may use his vehicle in
another Member State, free of taxes imposed by that
Member State, for a period of six months, continuous or
not, in any twelve .

On the other hand, as several Member States have applied
new taxes — typically registration taxes — since 1 January

Answer given by Mr Millan 1993, the Commission intends to bring forward a proposal
on behalf of the Commission in 1995 which will aim to update Community law in

( 16 January 1995 ) relation to cases where people transfer their residence in
order to ensure exemption from such taxes .

Between 1 January and 15 December 1994, Greece received
ECU 565 million under the first Community support

3 . 4 . 95 | EN Official Journal of the European Communities No C 81 / 53

WRITTEN QUESTION E-2671 / 94

by Cristiana Muscardini ( NI )

to the Commission

( 14 December 1994 )

( 95 / C 81 / 104 )

Subject : Human rights in Algeria

As is well known, since the state of emergency was
proclaimed thousands of Algerian citizens have been killed
in despicable attacks by both the armed Islamic groups and
the security forces of the Algerian Government . The Islamic
Armed Group and the Islamic Armed Movement are also
responsible for the murders of foreign citizens .

In the face of this tragic state of affairs, does the Commission
not consider that :

1 . the question of human rights in Algeria should be given
absolute priority in contacts with both the Algerian
authorities and the representatives of the Islamic
Salvation Front ;

2 . suitable pressure should be brought to bear on the
Algerian authorities and the political leaders of the
Islamic opposition to ensure that any future agreement
for cooperation and the restoration of order and
stability includes an unambiguous commitment to
respect for human rights ;

3 . in any new cooperation agreements between the
European Union and Algeria, respect for human rights
should be a central element in the negotiations ;

4 . support should be given to the requests and
recommendations made by Amnesty International to
the government in Algiers and the leaders of the Islamic
Salvation Front ?

Answer given by Mr Van den Broek

hope that Algeria 's domestic situation would improve so
that relations could develop within a Euro-Mediterranean
partnership based on respect for democracy and human
rights .

If circumstances allow a new agreement to be negotiated
between the Community and Algeria, respect for democracy
and human rights will constitute a vital element .

WRITTEN QUESTION E-2674 / 94

by Anna Terrón i Cusí ( PSE )

to the Commission

(5 December 1994 )

( 95 / C 81 / 105 )

Subject : Requirement of a Fl 500 fee to be paid by the

children of Community workers to obtain a
long-term residence permit in the Netherlands

The Netherlands authorities require the children of
Community citizens from other Member States who are
aged 18 or over to pay Fl 500 in order to convert their
temporary residence permit ( Vergunning tot Verblijf, voor
onbepaalde duur ) into a long-term residence permit
( Vergunning tot Vestinging ). Those failing to pay this fee
risk forfeiting the temporary permit and, possibly, being
expelled from the Netherlands .

Is this compatible with Articles 8a and 48 of the Treaty on
European Union, which establish the right to move and
reside freely in the territory of the Member States of the
Union ?

on behalf of the Commission Answer given by Mr Flynn
on behalf of the Commission
( 17 January 1995 )

(1 February 1995 )

The escalating violence in Algeria is a source of great
concern to the Community, not least because Community
nationals have been murdered .

The Community has repeatedly called for an open political
dialogue with all those in Algeria who renounce terrorism
and support democracy .

At its Corfu and Essen meetings of June and December last
year the European Council again condemned all terrorist
acts and human rights violations whether committed against
Algerians or foreign nationals . It appealed for a national
dialogue of all forces which reject violence and expressed the

The Commission is aware of the fee for the issuing of
residence permits under the new regulation in the
Netherlands .

It has asked the Netherlands authorities for further

information on this regulation in order to assess its
compatibility with Community law . It is also considering
whether to take action in the matter under Article 169 of the

EC Treaty .

No C 81 / 54 ΓΕΝ Official Journal of the European Communities 3 . 4 . 95

WRITTEN QUESTION E-2690 / 94 WRITTEN QUESTION E-2700 /

by Glenys Kinnock ( PSE ) by Johanna Maii-Weggen ( PPE )

WRITTEN QUESTION E-2700 / 94

by Glenys Kinnock ( PSE )

to the Commission to the Commission

( 16 December 1994 ) ( 16 December 1994 )

( 95 / C 81 / 106 ) ( 95 / C 81 / 107 )

Subject : Pension rights in the Netherlands

Subject : WTO

What steps does the Commission believe are necessary to
ensure adequate access by non-governmental parties to the
proceedings of the WTO and its associated bodies, and to
improve the transparency of these proceedings ?

Does the Commission consider that the Netherlands

Government will have to change its proposed law No 20890
and amendment No 22695 as a result of the Court of Justice
judgement of 28 September in the case of Mrs Vroege, a
Dutch citizen who complained of unequal treatment with
regard to pay and pension rights ?

Answer given by Mr Flynn
on behalf of the Commission

(3 February 1995 )
Answer given by Sir Leon Brittan

on behalf of the Commission

The Commission intends to raise the matter with the
( 11 January 1995 ) Netherlands authorities and the authorities of the other

Member States in order to remind them of their obligations
under Article 119 of the EC Treaty as interpreted by the
Court of Justice in its judgment of 17 May 1990 ( Barber )

The involvement of non-governmental organizations in the and subsequent interpreting judgments, especially those of
work of the WTO and the issue of transparency have been 28 September 1994 to which the Honourable Member
preparations the subject of for preliminary the setting discussions up of the in WTO the context . of the refers .

Under article V of the WTO Agreement, there is provision
for the General Council to conclude those arrangements
which would ease the way towards consultation and
cooperation with NGOs whose activities are linked with
those of the WTO .

WRITTEN QUESTION E-2721 / 94

by Anita Pollack ( PSE )

to the Commission

( 16 December 1994 )

95 / C 81 / 108
One approach currently under consideration is a system
whereby WTO officials would meet regularly with NGOs to
provide information on the work of the various WTO Subject : Mediterranean monk seals
bodies . Such an arrangement, the details of which are yet to
be defined, could be a useful vehicle for communication and What decision has the Commission
for the provision of information on the activities of the support for a joint French / Antibes
WTO .

Subject : Mediterranean monk seals

, a What decision has the Commission made about possible
for the provision of information on the activities of the support for a joint French / Antibes initiative on captive
WTO . breeding of Mediterranean monk seals at Antibes Maritime

and what representations has the Commission received and
from whom

Another facet to this problem is the public access to WTO
documentation . Rules governing the availability of these 1 . in favour
documents, including panel reports, are being studied and
this should help meet the calls for increased transparency of 2 . against
the work of the WTO .

1 . in favour

2 . against

this proposal ?

The General Council of the WTO will define the
appropriate measures to facilitate consultation and Answer given by Mrs
cooperation with NGOs and procedures for ensuring access on behalf of the
to WTO documents . (7 February 1995 )

Answer given by Mrs Bjerregaard

on behalf of the Commission

In view of the data available on the situation as regards the
population of monk seals in the Mediterranean, the

3 . 4 . 95 MEN Official Journal of the European Communities No C 81 / 55

Commission is not in favour of the plans for captive
breeding .

WRITTEN QUESTION E-2742 / 94

by Honor Funk ( PPE )

to the Commission

(9 December 1994 )

( 95 / C 81 / 109 )

Subject : Baden-Wiirttemberg and Bavaria as economic

centres

Bavaria and Baden-Wiirttemberg are amongst Italy 's major
trading partners . Their exports to Italy are now to be
transported mainly by rail . To date, Austria has not
announced any arrangements which would make rail
transport as attractive as road transport in terms of price
and quality .

1 . Is the Commission aware that the aforementioned

German Lander conduct a large part of their trade with
Italy, in order to safeguard jobs ?

2 . What steps is it taking to ensure that the travel

agreements are formulated so as to obtain a better deal
from Austria and Switzerland ?

3 . Is it also aware that Austrian and Swiss HGVs are not

subject to any restrictions when transiting through
Germany ?

4 . Does it not agree that the rights accorded as a matter of
course to Swiss vehicles throughout Europe could also
be applied to the use of roads through Switzerland ?

( b ) The Transit Agreement between the Community

and Switzerland came into force on 22 January

1993 . The Community has sought from the Swiss a
flexible application of the Agreement, particularly
as regards the surplus system which permits, on an
exceptional basis, transit with 40 tonne vehicles .

3 . ( a ) The transit of Austrian hauliers across Germany is
also addressed in Protocol No 9 to the Act of

Accession ; it will be completely liberalized as from

1 January 1997 .

( b ) The transit of Swiss hauliers across Germany is also

restricted by a bilateral quota . The issue of transit of
Swiss hauliers across Member States will be

discussed in bilateral negotiations between the
Community and Switzerland, once the Council has
adopted a negotiating mandate to that effect .

4 . Since Switzerland is not part of the Community, the
Community has no direct capacity to influence the
conditions of traffic flow on Swiss territory . In the
negotiation of the Transit Agreement, the Community
accepted that, with some exceptions, the Community-wide
40-tonne limit should not apply to transit traffic through
Switzerland . In the future, however, bilateral negotiations
with Switzerland on land transport will need to establish a
new balance of mutual advantage as concerns market access
and transit in this sector .

WRITTEN QUESTION E-2743 / 94

by Markus Ferber ( PPE )

to the Commission

(9 December 1994 )

Answer given by Mr Oreja ( 95 / C 81 / 110 )
on behalf of the Commission

( 16 January 1995 )

Subject : Alpine transport policy : Austria, Switzerland and

1 . The Commission is aware of the importance, for the
economies of the German Lander of Baden-Wiirttemberg
and Bayern, of trade with Italy .

2 . ( a ) The Transit Agreement between the Community
and Austria, which came into force on 1 January

1993, will be replaced, as from the accession of
Austria, by Protocol No 9 ( on road, rail and
combined transport ) to the Act of Accession for
Austria, Finland and Sweden . This Protocol
guarantees the maintenance of the road traffic flows
envisaged in the Transit Agreement, on the basis of
the Community acquis, as well as improvements in
the availability of rail and combined transport
alternatives .

Italy

1 . Does the Commission agree that long-distance
diversions for trans-Alpine traffic are costly and cause
considerable pollution ?

2 . Does it take the view that the Spliigen Pass would be
the best option in terms of environmental benefits ?

3 . It is feared that diversions will do no more than to shift

pollution away from Alpine passes to the Alpine foothills .
What action will the Commission take to remedy this totally
unsatisfactory state of affairs ?

No C 81 / 56 EN Official Journal of the European Communities 3 . 4 . 95

Answer given by Mr Oreja in a number of Member States . It is hoped that this activity
on behalf of the Commission will allow the development of a practical model on how to

( 16 January 1995 ) introduce such a card .

1 . The Commission sees it as an essential element of the

common transport policy to avoid, in particular in the
Alpine area, ecologically damaging and economically costly
diversions of traffic . Journeys should, in principle, therefore
be made by the shortest route .

2 . Switzerland, within its national infrastructure
planning competences, has undertaken to develop its new
alpine rail corridor by building two tunnels under the
Gotthard and the Lotschberg . This was subsequently
formalized by incorporation of a Swiss undertaking to this
effect in the Transit Agreement between the Community
and Switzerland .

3 . The Council, on 1 March 1994, requested the
Commission to propose for adoption a common framework
for the solution of the environmental problems caused by
heavy goods vehicles . This framework is to include measures
on charges for road use, rail infrastructure, combined
transport facilities and technical standards for vehicles . Such
a framework should help to prevent road traffic diversions
in the Alpine and the neighbouring areas . The Community
has also made clear that it will insist on a

non-discriminatory, market-based implementation of the
Swiss alps initiative .

WRITTEN QUESTION E-2762 / 94

by Miguel Arias Canete ( PPE )

to the Commission

( 21 December 1994 )

{ 95 / C 81 / 112 )

Subject : Payments to Spain from the Structural Funds in

1993

In 1992, according to the annual report by the Court of
Auditors, Spain received ECU 3 378 million from the
Structural Funds .

The same report for 1993 states that Spain received ECU
2 971 million for that year .

In the light of the above, can the Commission explain on
what grounds payments to Spain were reduced for 1993,
despite the fact that larger amounts were entered in the
relevant Community support framework for that year ?

Answer given by Mrs Wulf-Mathies

WRITTEN QUESTION E-2745 / 94 on behalf of the Commission
by Carmen Diez de Rivera Icaza ( PSE )
(9 February 1995 )
to the Commission

( 12 December 1994 )

The Commission would refer the Honourable Member to
( 95 / C 81 / 111
the reply it gave to Oral Question H-774 / 94 by Mrs Fraga
Estevez during question time at Parliament 's January 1995
Subject : European Senior Citizens ' Pass part-session ( 1 ).

Can the Commission provide information on the extent to
which the Member States have complied with its 1989
recommendation concerning the European Senior Citizens '
Pass ?

Answer given by Mr Flynn
on behalf of the Commission

( J ) Debates of the Parliament ( January 1995 ).

WRITTEN QUESTION E-2774 / 94

by James Moorhouse ( PPE )

(1 February 1995 ) to the Commission

(9 January 1995 )

The recommendation on an over sixties ' card was adopted ( 95 / C 81 / 113 )
by the Commission on 10 May 1989 . It has not been
implemented by any Member State .

Subject : Pan                                 - Am Integrated Rural Development Project

The alternative, on which the Commission has been
working together with organizations representing older
people at European level, is to launch a pilot project through
which the feasibility of such a card can be tested in practice

What is the anticipated budget for the Pan-Am Integrated
Rural Development Project ( in Tibet ) to be implemented by
the EU Commission ?

3 . 4 . 95 1 EN Official Journal of the European Communities No C 81 / 57

Answer given by Sir Leon Brittan

on behalf of the Commission

(7 February 1995 )

The total project budget is ECU 21,821 million whereof the
Community will provide ECU 7,6 million and the Chinese
and Tibetan authorities the remaining ECU 14,221
million .

WRITTEN QUESTION E-2775 / 94

by James Moorhouse ( PPE )

to the Commission

(9 January 1995 )

( 95 / C 81 / 114

improved housing conditions while giving social attention
to collective organizations seeking to improve the quality of
life of those whom they represent on a basis of unity .

It is therefore necessary to conclude that maximum support
should be given to cooperation between the Union and
neighbourhood associations with a view to ensuring a
broader basis for the objective of Community policy for the
promotion of subsidized housing .

Can the Commission specify the following : what
cooperative links have been established with
neighbourhood associations for the promotion of
subsidized housing ; what are the main bases of Community
policy for the promotion of this type of housing ; and what
are the criteria it believes must be met for the provision of
such housing in the context of the relevant Community
policy ?

Subject : Pan-Am Integrated Rural Development Project Answer given by Mr Flynn
on behalf of the Commission

Has the Commission been approached by the Tibetan or
Chinese authorities for any development aid in Tibet other
than the Pan-Am Rural Development Project ?

Answer given by Sir Leon Brittan

on behalf of the Commission

(7 February 1995 )

As communicated in writing to the Honourable Member in
July 1994, the Commission in early 1994 received a project

proposal from the Tibetan authorities concerning forestry
conservation and management in Nyingchi County in
eastern Tibet . The project has been studied at pre-feasibility
level by two experts from the Community . So far no decision
on whether to proceed with this project has been taken .

WRITTEN QUESTION E-2799 / 94

by Gerardo Fernandez-Albor ( PPE )

to the Commission

( 11 January 1995 )

95 / C 81 / 115

Subject : EU cooperation with neighbourhood associations

for the promotion of subsidized housing

One of the main activities of neighbourhood associations in
the Union Member States is the promotion of subsidized
housing, with the aim of providing their members with

(3 February 1995 )

Although there is no Community competence in housing
matters, and therefore no European policy concerning
housing, the Commission white paper on European social
policy — a way forward for the Union ( a ) explicitly
mentions housing as a key issue in the context of the fight
against social exclusion and as an important source of new
jobs .

The improvement of housing conditions and the integration
of homeless people were important elements in several of the
model actions supported by the Commission in the
framework of the'Poverty 3 ' Programme, which came to an
end on 30 June 1994 . In its proposal for a new programme
to combat social exclusion, which has not yet been adopted
by the Council, housing is listed amongst the elements of
integration to be taken into account .

The Commission contributes in financial and operational
terms to the exchange of information at European level
between the ministers responsible for housing in the
Member States . This includes support for a yearly informal
meeting of ministers, who last met on 6 — 8 July 1994 . At
their meeting in October 1993, the housing ministers
stressed the link between housing conditions and social
exclusion and requested the Commission to keep them
informed of any developments concerning this issue .

The Commission 's support for non-governmental
organizations involved in the fight against social exclusion
and homelessness is mainly channelled through their
European federations or platforms, such as the EAPN

( European anti-poverty network ) and the Feantsa

( European federation of national associations working with
the homeless ).

No C 81 / 58 EN Official Journal of the European Communities 3 . 4 . 95

Finally, the Commission offers some financial assistance for
the construction of social housing in the coal and steel
sectors under the ECSC Treaty .

(M COM(94)333 final .

WRITTEN QUESTION E-2829 / 94

by Robin Teverson ( ELDR )

to the Commission

( 11 January 1995 )

( 95 / C 81 / 116 )

Subject : GATT / WTO and animal protection

The Commissioner responsible for foreign trade has
recently announced revisions to the New Commercial Policy
Instrument, a trade defence tool which will undoubtedly be
put to use in the future when challenging or initiating
disputes under possible GATT or WTO processes .

How does the EU intend to balance trade considerations

with other policy concerns, in particular animal welfare
protection, an area where there is existing European
legislation which could possibly come into conflict with EU
trade concerns ? Has the Commission given any thoughts to
the potential consequences of any WTO / GATT ruling on
EU environmental and animal protection legislation ?

Answer given by Sir Leon Brittan

on behalf of the Commission

(7 February 1995 )

The Commission is aware of the delicate interface between

trade and other policy concerns, like environment
protection, and so is the world trading community . A great
deal of attention is devoted to the manner of rendering trade
and environment ' mutually supportive ' as dictated by the
Rio Conference . The best proof of this is the establishment
of the WTO committee on trade and environment ( CTE ).
The mandate of the CTE is to ' identify the relationship
between trade measures and environmental measures, in
order to promote sustainable development ' and it allows the
CTE to ' make appropriate recommendations on whether
any modifications of the provisions of the multilateral
trading system are required, compatible with the open,
equitable and non-discriminatory nature of the

system

The Community is playing a very active and positive role in
the CTE as it did in the previous group on environmental
measures and international trade ( EMIT group ).

Animal protection, including animal welfare and protection
of wild fauna and endangered species, is a matter which

might be addressed by the CTE and by other bodies
established under the WTO .

For instance, this issue might be addressed by the CTE under
item 1 of its work programme . Item 1 deals with ' the
relationship between the provisions of the multilateral
trading system and trade measures for environmental
purposes, including those pursuant to multilateral
environmental agreements '.

However, it should be noted that, given the mandate and the
terms of reference of the CTE, environmental measures,
including those aimed at protecting animals, should be
discussed in this forum only to the extent that they have an
effect on trade .

There are not yet any requests for WTO scrutiny of

Community legislation, whether in the environment field or
elsewhere .

WRITTEN QUESTION E-2877 / 94

by Undine-Uta Bloch von Blottnitz ( V )

to the Commission

( 16 January 1995 )

( 95 / C 81 / 117

Subject : Phare and Tacis funding for the energy sector

1 . How much funding has been granted by the European
Union from the Phare and Tacis Programmes for
regenerative energy sources, energy efficiency and energy
savings, and for which projects and studies ?

2 . How much funding has been granted by the European
Union from the Phare and Tacis Programmes for the nuclear
energy sector, and for which projects and studies ?

3 . Is the allocation of these resources based on the criteria

of environmentally acceptable and sustainable economic
development, which are enshrined in the EU 's Fifth
Environmental Action Programme and in Article 2 of the
Maastricht Treaty ?

Answer given by Mr Van den Broek

on behalf of the Commission

(8 February 1995 )

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

3.4.95 EN Official Journal of the European Communities No C 81 / 59

WRITTEN QUESTION E-32 / 95

by Wayne David ( PSE )

to the Commission

( 13 January 1995 )

( 95 / C 81 / 118 )

Subject : Guatemalan street children

Given that the Commission has been supportive of Casa
Alianza in the past, will the Commission tell the Parliament
how it intends to intervene given that, since last July, seven
children have been brutally murdered in Guatemala ?

Answer given by Mr Marin
on behalf of the Commission

(3 February 1995 )

The Commission shares the Honourable Member 's concern

at the fate of Guatemala 's street children and is well aware

that persecution of minors is not a thing of the past .

The multiannual programme for Guatemala City 's street
children ( Casa Alianza is one of the non-governmental
organizations [ NGOs ] which will be receiving assistance ),
approved by the committee of Member States last June and
due to be signed in Guatemala City shortly, will be seeking
to tackle this problem :

— In the short term, a concerted effort will be made to

provide extra training for civil servants who are in
contact with young people on the edges of society

( chiefly the staff of the Secretaria de bienestar social and
the forces of law and order ). Such steps have been taken
in previous years in a less coordinated but tangibly
successful manner ; they will continue as part of the
' training ' component of this programme . A

' communication and information ' component will add
to this a large-scale public information campaign .

— Because the victims of the attacks are usually ( presumed )

young delinquents, steps should be taken in the medium
and long terms to ensure that minors from broken
homes do not under any circumstances lapse into
delinquency . This is one of the tasks for which the
centres run by the NGOs are responsible under the

programme .

It should also be recognized that the street children 's
situation is the result of complex economic, social and
political circumstances . The trust and objectives of the
programmes the Community is financing in Guatemala
demonstrate its desire to establish, maintain and observe the
rule of law and to help to bridge the growing gulf between a
rich and powerful minority and a majority which is poor,
uneducated, culturally divided and forced to struggle to
survive .

The Commission is well aware that cutting back or
temporarily suspending international aid would have an
immediate and catastrophic impact on the most
under-privileged sections of the population ( the very people
cooperation is designed to help ). This will not, however,
prevent it from expressing to the Guatemalan authorities its
condemnation of human rights abuses, including
persecution of minors .

The Community does everything it can to ensure the issue of
street children is properly addressed in international
forums . It is as a result of the Community 's actions that the
United Nations General Assembly has adopted a resolution
on the tragic fate of street children every year since 1992 .
The Community took up the issue with the Human Rights
Commission in 1993 and 1994 and will follow it up this

year .