Source: EURLEX
Language: en
Format: md

# Orhcial Journal ^ ^ ^ / * / " • • • "I T " A C286 ISSN 0378-6986

_m_ Volume 34
### of the European Communities 4Nov™*., 1991

#### English edition Information and Notices

Notice N o Contents Page

I _Information_

European Parliament

_Written Questions with_ _answer_

9 1 / C 286/01 N o 1976/90 by M r H e m m o Muntingh to the Commission

Subject: Order by the Madrid regional government and Directive 79/409/EEC 1

9 1 / C 286/02 N o 2406/90 by M r Gerhard Schmid to the Commission

Subject: AIDS and the internal market 1

9 1 / C 286/03 N o 2415/90 by M r Virginio Bettini to the Commission

Subject: The protection of the Tordino and Vezzola rivers (Teramo) 2

9 1 / C 286/04 N o 2560/90 by Mrs Janey Buchan to the Commission

Subject: South Africa 3

9 1 / C 286/05 N o 2570/90 by M r Antoni Gutierrez Diaz to the Commission

Subject: ERDF aid to Catalonia 3

9 1 / C 286/06 N o 2575/90 by M r Jean-Pierre Raffarin to the Commission

Subject: Wind energy 4

9 1 / C 286/07 N o 2576/90 by M r Jean-Pierre Raffarin to the Commission

Subject: Reduction in refunds for meat products 4

9 1 / C 286/08 N o 2694/90 by M r Jose Happart to the Commission

Subject: Development of alternative energy sources from bio-fuels 5

9 1 / C 286/09 N o 2696/90 by M r Jean-Pierre Raffarin to the Commission

Subject: Euromil contacts 5

9 1 / C 286/10 N o 2723/90 by Mrs Marie Jepsen to the Commission

Subject: Possible exemption from provisions concerning the loss in postal transmission of
certificates in respect of peas 6

1 (Continued overleaf)

Notice No Contents (continued)

91/C286/11

91/C286/12

91/C286/13

91/C286/14

91/C286/15

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91/C286/17

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91/C286/27

No 2786/90 by Mr Ernest Glinne to the Commission

Subject: Correct application of the Council Regulation, particularly in the Bay of Biscay 6

No 2936/90 by Mr William Newton Dunn to the Commission
Subject: Town twinning 7

No 3067/90 by Mr Paul Lannoye to the Commission
Subject: Joule programme 7

No 87/91 by Mr Luigi Moretti to the Commission

Subject: EPOCH programme 8

No 166/91 by Mr Jose Barros Moura to the Commission
Subject: Objection of the Parish Council of Riba de Ave to the installation of a solid waste
treatment plant in the parish 9

No 176/91 by Mr Jannis Sakellariou to the Commission

Subject: Arms exports 9

No 407/91 by Mr Hemmo Muntingh to the Commission
Subject: Ecology and development: the development of Botswana 10

No 461/91 by Mrs Mary Banotti to the Commission

Subject: Lome 4 and the delay in ratifying the Treaty in all Member States 11

No 1016/91 by Mrs Raymonde Dury to the Commission

Subject: Ratification of the Fourth Convention of Lome 11

Joint answer to Written Questions Nos 461/91 and 1016/91 11

No 507/91 by Mr Pierre Bernard-Reymond to the Commission

Subject: Community aid for the construction of road tunnels in Europe 12

No 517/91 by Mr Henry Chabert to the Commission

Subject: Freedom of movement and use of certain frequencies by CB hams in the Community
between now and 1993 12

No 519/91 by Mrs Annemarie Goedmakers to the Commission
Subject: Human rights abuses in Chad 13

No 536/91 by Mr Virginio Bettini to the Commission

Subject: Infringement of the directive on the assessment of the effects of certain public and
private projects on the environment: Is Arenas holiday centre (Oristano) 13

No 590/91 by Mr Virginio Bettini to the Commission
Subject: Fish farming in Salina del Comacchio (Italy) 14

No 609/91 by Mr Jose Valverde Ldpez to the Commission

Subject: Results of the Community-funded free distribution of foodstuffs in Spain in 1989
and 1990 14

No 753/91 by Mr Jose Valverde Lopez to the Commission

Subject: Plan for the supply of food from intervention stocks 15

Joint answer to Written Questions Nos 609/91 and 753/91 15

No 744/91 by Mr Maxime Verhagen to the Commission

Subject: Establishment of a transmission standard for satellite broadcasts 15

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Contents (continued) Page

N o 747/91 by M r Karl von W o g a u to the Commission

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Subject: Licensing of caravans 16

N o 764/91 by M r Derek Prag to the Commission

Subject: ESF projects for disabled people, notably the Horizon Programme 16

N o 768/91 by M r Philippe Douste-Blazy to the Commission

Subject: Disparities between European regions 17

N o 781/91 by M r Pol Marck to the Commission

Subject: Creation of a unit in the Directorate-General for Agriculture with responsibility for
consumer information and the promotion of agricultural products 18

N o 787/91 by Mrs Raymonde Dury to the Commission

Subject: District heating experiments 18

N o 819/91 by Mrs Anita Pollack to the Commission

Subject: Commercial whaling 19

N o 823/91 by M r Antoni Gutierrez Diaz to the Commission

Subject: The tourism development plan for the Atlantic coast of Andalusia 19

N o 833/91 by M r Carlos Robles Piquer to the Commission

Subject: The Cabrera Archipelago, a Spanish National Park 19

N o 901/91 by Mrs Anita Pollack to the Commission

Subject: Overfishing off Canada 20

N o 909/91 by M r H e m m o Muntingh to the Commission

Subject: Arrests and illegal logging in the Philippines 20

N o 923/91 by Mrs Cristiana Muscardini to the Commission

Subject: 'RE.SOL.' plant 21

N o 973/91 by Mrs Pasqualina Napoletano to the Commission

Subject: Implementation of the Perif ra programme 21

N o 976/91 by Mrs Marie Jepsen to the Commission

Subject: Risk that inclusion of shipping in a future GATT agreement will hamper efforts to
achieve market liberalization in this sector 21

N o 1007/91 by M r Kenneth Coates to the Commission

Subject: Severance payments to dockworkers in Britain and competition policy 22

N o 1010/91 by M r Paul Staes to the Commission

Subject: Possible EC subsidy for 'Dock-Side' (Hasselt/Belgium) 23

N o 1020/91 by M r Madron Seligman to the Commission

Subject: Poultry farming — human health and welfare of birds 23

N o 1053/91 by M r Jose Happart to the Commission

Subject: Request for dairy reorganization subsidy 23

N o 1067/91 by M r Francesco Speroni to the Commission

Subject: Measures to bring Italian Act No 64/86 into line with Community law 24

(Continued overleaf)

Notice N o Contents (continued)

9 1 / C 286/46 N o 1109/91 by M r Pierre Bernard-Reymond to the Commission

Subject: Aid to the rural areas of urban districts under the programme for the development of
rural areas 25

91 / C 286/47 N o 1111 /91 by M r Adrien Zeller to the Commission

Subject: Applicability of Community legislation outside Community territorial waters 25

9 1 / C 286/48 N o 1164/91 by M r Maxime Verhagen to the Commission

Subject: Cholera epidemic in Peru 26

9 1 / C 286/49 N o 1188/91 by M r Llewellyn Smith to the Commission

Subject: Harmonization of surveillance of microbiological contamination 26

9 1 / C 286/50 N o 1196/91 by M r Willem van Velzen to the Commission

Subject: Increased pension premiums 26

9 1 / C 286/51 N o 1206/91 by Mrs Anita Pollack to the Commission

Subject: Overfishing off Canada 27

9 1 / C 286/52 N o 1222/91 by M r Miquel Arias Cafiete to the Commission

Subject: Implementation of the EEC-Seychelles Fisheries Agreement 27

9 1 / C 286/53 N o 1236/91 by M r Alain Marleix to the Commission

Subject: Promotion of electricity of nuclear origin 28

9 1 / C 286/54 N o 1247/91 by M r Gianfranco Amendola and M r Gerard Monnier-Besombes to the

Commission

Subject: Export of certain chemical products which may be used for the manufacture of
weapons 28

9 1 / C 286/55 N o 1270/91 by M r Yves Verwaerde to the Commission

Subject: Humanitarian aid to the civilian population of Afghanistan 29

9 1 / C 286/56 N o 1272/91 by M r Yves Verwaerde to the Commission

Subject: Draft Directive permitting comparative advertising 29

9 1 / C 286/57 N o 1273/91 by M r Yves Verwaerde to the Commission

Subject: Draft Directive permitting comparative advertising 30

Joint answer to Written Questions Nos 1272/91 and 1273/91 30

9 1 / C 286/58 N o 1548/91 by M r Llewellyn Smith to the Commission

Subject: Article 88 of the Euratom Treaty 30

9 1 / C 286/59 N o 1634/91 by M r Yves Verwaerde to the Commission

Subject: Community staff other than officials employed in Commission directorates and
services 30

4. 11. 91 Official Journal of the European Communities No C 286/1

I

_(Information)_

##### EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION No 1976/90

by Mr Hemmo Muntingh (S)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 286/01)

_Subject:_ Order by the Madrid regional government and
Directive 79/409/EEC

An order by the government of the Comunidad de
Madrid of 28 July 1989 prohibits birdwatching and indeed
the watching of any kind of wildlife without a special
permit. It has been reported that there are cases of
birdwatchers having been arrested. The same order
authorizes the capture of 1,7 million finches for the caged
bird trade.

1. Does the Commission consider that this order is

compatible with the fundamental right to watch and
enjoy wildlife in a spirit of interest in and concern for
the environment?

2. Have the Spanish authorities issued a derogation
under Article 9 of Directive 79/409/EEC (') to allow
the trapping referred to above, and if so, does the
Commission consider that the Order will allow the

'judicious use of certain birds in small numbers', as
required under this Article ?

3. If the Order is not compatible with the Directive, will
the Commission make representations to the Spanish
authorities with a view to ensuring that it is repealed as
soon as possible?

(•) OJ No L 103, 25.4. 1979, p. 1.

Answer given by Mr Ripa di Meana
on behalf of the Commission

_(16 January 1991)_

1. According to information sent to the Commission
by the Spanish authorities, the legislation has been
amended to facilitate the watching of wildlife.

2 and 3. Part of the information is contained in the

report on derogations forwarded by the Spanish
authorities and in the study on derogations
communicated by the Member States under Article 9 of
Directive 79/409/EEC for the year 1988, which the
Commission is sending directly to the Honourable
Member and to Parliament's Secretariat. The

Commission has informed the Spanish authorities that the
derogations concerning the trapping of finches,
communicated by Spain for 1988, exceed the limits
established in Article 9 of Directive 79/409/EEC. The

Commission will, if necessary, take the requisite steps to
ensure proper application of the Directive in Spain.

WRITTEN QUESTION No 2406/90

by Mr Gerhard Schmid (S)

to the Commission of the European Communities

_(25 October 1990)_

(91/C 286/02)

_Subject:_ AIDS and the internal market

In my Written Question No 616/90 ( [l] ) I asked which
directorates-general were responsible for carrying out the
Council's instructions of 16 March 1989. For some

incomprehensible reason, the Commission's answer of 20
March 1990 did not contain a specific reply.

1. Which Commission services were given the task of
carrying out the Council's instructions and when?

2. Why is it taking such an exceptionally long time to
table proposals on what is basically a simple matter?

3. Which experts will the Commission consult before it
submits proposals on technical standards for
condoms?

No C 286/2 Official Journal of the European Communities 4. 11. 91

4. Does the Commission intend to consult consumer

organizations such as the German 'Stiftung
Warentest'?

5. Is it true that the technical quality of condoms in
France is particularly poor and does this in any way
relate to the Commission's slowness in dealing with
this matter?

6. Which experts will the Commission consult on the
technical quality of fast HIV testing?

7. Will the Commission make use of the experience
acquired by the AIDS task force?

8. Is the Commission aware that, given the scope of the
problem, further delay cannot be justified and can
soon be expected to provoke massive protest in
Parliament?

O OJNoC325,24. 12.1990, p. 15.

Answer given by Mrs Papandreou
on behalf of the Commission

_(11 February 1991)_

1. The Commission confirms that several departments
are in close coordination to combat AIDS. In line with the

conclusions of the Council and the Ministers for Health

of the Member States meeting within the Council of 16
May 1989 on future measures to prevent and control
AIDS at Community level ('), to which the Honourable
Member alludes, the Directorates-General responsible
respectively for the internal market, on the one hand, and
employment, industrial relations and social affairs, on the
other, are more particularly concerned with questions
relating to ways of harmonizing and improving technical
requirements and to prevention measures at Community
level.

2. The harmonization of safety and efficiency
requirements applicable to condoms and in vitro testing
products is part of the Commission's legislative
programme in respect of medical equipment within the
framework of the internal market. Condoms will fall

within the scope of application of a proposal for a
Directive on medical equipment. The Commission has
arranged several meetings of experts on this topic. The
Commission is currently putting the final touches to the
proposal for a Directive, which should be ready for
transmission to the Council during the first quarter of
1991.

As the Directive will implement the Council resolution of
7 May 1985 on a new approach to technical
harmonization and standardization ( [2] ), the Commission
will be conferring a standardization mandate on the
European Standardization Committee (CEN) relating to
the effectiveness and manufacture of condoms. In view of

the urgent nature of this matter, the CEN has in fact, at
the Commission's urging and with its participation,
already begun work on this problem.

As regards in vitro products for detecting the HIV virus,
the Commission has begun preparatory work on a
proposal for a Directive on such products. Given the
complexity of this matter and the resources available, the
Commission will not be able to adopt a proposal for a
Directive before the end of 1991.

3 and 4. The proposal for a Directive which is to cover
condoms has been the subject of at least five meetings of a
working party made up of national experts and
representatives of professional and industrial federations.
The standardization mandate referred to above will be

submitted for an opinion to the Standing Committee on
Technical Standards and Rules pursuant to the procedure
laid down in Article 8 (4) of Directive 83/189/EEC ( [J] ).
Once it has received its mandate, the CEN must see to it
that all parties concerned, in particular consumers, are
properly involved in the standardization work. The
Commission would draw the Honourable Member's

attention to the Council resolution of 4 November 1988

on stepping up consumer participation in
standardization ( [4] ). The resolution calls on the Member
States to promote representation of consumer interests as
regards standardization activities.

5. The Commission has no information which would

confirm the hypothesis on which this question is based.
The answer to the second part of the question is in the
negative.

6. As part of the preparatory work on the Directive
relating to in vitro testing devices, the Commission will at
the appropriate time consult national experts, user
representatives and industrial federations.

7. Yes.

8. The Commission takes the view it has carried out the

preparatory work in this field without delay and in such a
way as to arrive at proper results. On the basis of this
work the Commission is now putting before the Council a
proposal for a Decision on a programme to combat AIDS.

O OJNoC 185,22.7.1989.
O OJNoC 136,4.6.1985.
O OJ No L 109,26.4.1983.
O OJNoC 293,17.11.1988.

WRITTEN QUESTION No 2415/90

by Mr Virgiiiio Bettini (V)

to the Commission of the European Communities

_(25 October 1990)_

(91 /C 286/03)

_Subject:_ The protection of the Tordino and Vezzola
rivers (Teramo)

The ANAS (Italian) National Roads Authority and the
municipality of Teramo have approved the construction

4. 11. 91 Official Journal of the European Communities No C 286/3

of an urban bypass along the Tordino river and a road
with facilities and a parking area on the banks of the
Vezzola, despite the fact that they constitute a natural
reserve of great environmental and cultural value.

The river ecosystem is particularly complex and specific in
nature, being made up of a number of different but
interdependent biological microsystems geographically
linked to each other by the presence of watercourses.

A particularly delicate geological problem arises in this
case since Teramo is situated in a river basin influenced by
its proximity to the Montidella Laga and subject to
variable and constantly frustrating conditions. It is also
classified as a seismically high-risk area.

The rivers fulfil an important task in terms of purification
and are of major hydrogeological significance,
particularly in respect of the difficult question of flood
control. The construction of these roads (and the
channelling of the rivers which would result) would
irreversibly damage the river ecosystem and obstruct its
natural development.

In view of the above, can the Commission ascertain
whether all the standards relating to environmental
impact surveys laid down in the relevant Community
Directive are being fully complied with? What measures
does it intend to take in this respect?

Answer given by Mr Ripa di Meana
on behalf of the Commission

_(29 January 1991)_

At the beginning of December 1990 the Commission
brought the matter up with the Italian authorities.

It is awaiting their reply.

WRITTEN QUESTION No 2560/90

by Mrs Janey Buchan (S)

to the Commission of the European Communities

_(16 November 1990)_

(91/C 286/04)

_Subject:_ South Africa

Does the Commission intend to open an EC Delegation in
South Africa?

Answer given by Mr Andriessen
on behalf of the Commission

_(30 July 1991)_

Since the legislative pillars of apartheid have now been
formally repealed by the South African Government, the
Commission is actively considering the possibility to
establish a delegation in Pretoria, subject to developments
in the political situation in South Africa, and of course to
the availability of the necessary budgetary appropriations.

When considering both the principle and the timing of
any such opening the Commission will take account of the
situation as regards human rights as well as the practice of
Member States in relation to their own missions in South

Africa.

Finally, the attention of the Honourable Member of
Parliament is drawn to the fact that the Commission

opened in February of this year a technical programme
coordination office in Pretoria in order, in particular, to
better coordinate and supervise the implementation of
projects and programmes under the special budget line
7-5070 of positive measures.

WRITTEN QUESTION No 2570/90

by Mr Antoni Gutierrez Diaz (GUE)

to the Commission of the European Communities

_(20 November 1990)_

(91/C 286/05)

_Subject:_ ERDF aid to Catalonia

Does the Commission consider that a modernization

programme for the textile industry of a Member State can
be implemented without reference to the regions in which
such industries are concentrated, has happened with the
autonomous community of Catalonia? Does it not
consider that, on the contrary, a global programme
should be drawn up covering aid to Objective 1 and
Objective 2 regions of the Community?

Answer given by Mr Millan
on behalf of the Commission

_(21 February 1991)_

By the Order of 30 July 1990 (Spanish Official Journal of
2 August), the Spanish authorities laid down an industrial
modernization programme for the textiles and leather
sector which includes a number of measures for industries

in the sector located in Spanish regions eligible under
Objective 1. Those regions were selected because their
economic growth indicators were lower than elsewhere.

No C 286/4 Official Journal of the European Communities 4. 11. 91

As was stated at Parliament's part-session on 10 October
1990 in reply to the Honourable Member's Oral Question
H-955/90 O, the Member States are completely free to
define the geographical coverage of aid scheme projects
which they notify to the Commission under Article 93 (3)
EEC. This means that the regional aspects of a
programme for the modernization of this sector and the
question of whether there should be a global programme
for areas under both Objectives is a matter for the Spanish
authorities.

The compatibility with the common market of aids
notified under Articles 92 and 93 EEC, including their
geographical coverage is, however, a matter for the
Commission.

(') Debates of the European Parliament, No 3-394 (October 1
1990).

WRITTEN QUESTION No 2575/90

by Mr Jean-Pierre Raffarin (LDR)

to the Commission of the European Communities

_(20 November 1990)_

(91/C 286/06)

_Subject:_ Wind energy

Does the Commission consider that wind energy can, in
the long term, make a significant contribution to
electricity generation in the Member States?

If so, what funds is the Commission prepared to earmark
for a research and development project in this area?

Answer given by Mr Pandolfi
on behalf of the Commission

_(25 July 1991)_

According to a report presented by the EWEA (European
Wind Energy Association) at the last conference on wind
energy organized by the Commission last September in
Madrid, this form of energy could account for a
significant share of electricity production in the
Community by the year 2030. The Commission shares
this point of view.

The Commission has been conducting R&D programmes
in the field of non-nuclear energy, including wind energy,
since 1975. It has also been involved in promoting and
coordinating R&D projects on wind energy in the various
Member States.

In addition, as part of the demonstration programme
designed to ensure continuity between the research and
development stage and the placing on the market of new
technologies, the Commission granted ECU 47 million

for almost 160 wind energy projects between 1979 and
1989. This activity is currently being continued under the
Thermie programme (Regulation (EEC) No 2008/90) (*),
which is to run for a five-year period, from 1990 to 1994.
For the first three years the programme has been allocated
ECU 360 million, at least a quarter of which will be set
aside for innovative and dissemination projects in the
field of renewable energy sources. It is not possible to be
more precise about the exact share which will be
earmarked for wind energy.

As regards future research activities, the Commission
proposal for a new specific programme of research and
technological development in the field of non-nuclear
energies (1990—1994) also encompasses renewable
energy sources, and therefore wind energy ( [2] ). About a
third of the overall allocation for the programme,
estimated at ECU 157 million, should be set aside for
renewable energy sources. Here again, it is not possible to
be more precise as to the level of funds which will actually
go to wind energy research.

(') OJNoLl85,17.7.1990.
O OJNoCl74,16.7.1990.

WRITTEN QUESTION No 2576/90

by Mr Jean-Pierre Raffarin (LDR)

to the Commission of the European Communities

_(20 November 1990)_

(91/C 286/07)

_Subject:_ Reduction in refunds for meat products

Can the Commission confirm that, within the framework
of the GATT negotiations, the Community favours a
reduction in refunds for meat products including
processed products?

If so, does the Commission intend to ensure that
preserved meat is not treated less favourably than fresh
meat, which is the raw material for processors, as a result
of a larger reduction in the refunds?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(16 July 1991)_

Since the question was put, the Community has stated
that it is prepared to give specific binding undertakings
both as regards internal support and access to markets
and as regards competition for export markets. It will
continue admittedly, in this context, to defend its global
approach such that the undertakings must remain

4. 11. 91 Official Journal of the European Communities No C 286/5

mutually consistent. An undertaking will apply to all
agricultural products.

Regarding processed meat, the Commission's approach
will not give rise to any discrimination between the raw
material and processed products.

WRITTEN QUESTION No 2694/90

by Mr Jos6 Happart (S)

to the Commission of the European Communities

_(4 December 1990)_

(91/C 286/08)

_Subject:_ Development of alternative energy sources from
bio-fuels

The Bio-Fuels Committee of the Comite

Electrotechnique Beige (CEB) has launched a project to
coordinate, at Community level, the development of
bio-fuels based on ethanol, vegetable-oil esters, etc.

In that connection the arrangements applied to fallow
agri-industrial land assume a special practical importance
for the development of bio-fuels.

Is the Commission aware that the arrangements
applicable to fallow agri-industrial land, being confined
to cereals and linked to the set-aside of farmland, fail to
match the importance now assumed by non-renewable
primary products in terms of economic policy and policy
on the environment.

Does the Commission acknowledge that it is urgent to
reduce unilateral dependence on petroleum by developing
alternative energies derived from bio-fuels?

Where is the proposal for the implementing regulation
that is needed to put into practice the Council's
Regulation on the non-food programme in the context of
set-aside?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(28 January 1991)_

The 'industrial set-aside' scheme adopted by the Council
is part of a new three-point action programme, the main
objective of which is the energy use of agricultural raw
materials. The action programme covers:

— a specific aid scheme for the use of arable land for
non-food purposes in the case of cereal cultivation
(industrial set-aside). The detailed rules for the
application of this scheme have already been
published;

— a scheme for the sale at concessionary prices of
intervention cereals and oils and fats for use in

demonstration projects; the detailed rules for the
application of this measure will be published early in
1991 at the latest;

— in 1990 the Commission introduced some priority
demonstration projects, in particular on the use of
oilseeds for energy purposes.

The Commission has drawn attention repeatedly to the
potential significance of energy outlets for European
agriculture as well as the environmental significance of
bio-fuels. The Commission is closely following
commercial, scientific and technical developments in this
field which could lead to a greater use of renewable

energy sources.

Several research and demonstration projects will continue
to be financed for this purpose at Community level.

Finally, it should be pointed out that, after the first year
of actual application of the industrial set-aside scheme,
the Commission must submit a report to the Council and
Parliament on the results, accompanied, as appropriate,
by proposals for amendments or an extension to other

crops.

WRITTEN QUESTION No 2696/90

by Mr Jean-Pierre Raffarin (LDR)

to the Commission of the European Communities

_(4 December 1990)_

(91/C 286/09)

_Subject:_ Euromil contacts

The European Armed Forces Association now comprises
German, Austrian, Belgian, Danish, Dutch, Italian, Irish
and French soldiers' associations.

How could the Commission specifically assist contacts
between these associations in the Euromil framework?

Answer given by Mr Delors
on behalf of the Commission

_(16 May 1991)_

Commission support for any organization or association
is subject to a detailed study of the nature, membership,
objectives, and activities of the body concerned, on the
basis of a specific request submitted to the Commission
through the proper channels.

In view of the limited resources available for supporting
organizations of European interest (Article A-304)
priority is given to requests for programmes and activities
with a direct bearing on Community policies.

No C 286/6 Official Journal of the European Communities 4. 11. 91

WRITTEN QUESTION No 2723/90

by Mrs Marie Jepsen (ED)

to the Commission of the European Communities

_(10 December 1990)_

(91/C 286/10)

_Subject:_ Possible exemption from provisions concerning
the loss in postal transmission of certificates in
respect of peas

In its answer to Written Question No 1392/90 (') the
Commission maintains that a 'lost' certificate the

destruction of which cannot be proved could be used in
support of a fraudulent claim for subsidies. However the
Commission has not given an answer in respect of the
problem set out in Written Question No 1392/90
concerning cases where it is possible to prove that a
certificate is lost, but where the loss did not occur between
the issuing authority and the first buyer; the question is
therefore being submitted again.

Under Article 8 (4) of Commission Regulation (EEC)
No 3540/85 ( [2] ) no replacements may be issued for
certificates in respect of peas, field beans and sweet lupins
that are lost, except in the case of certificates lost in postal
transmission from the issuing body to the first buyer after
having been sent by registered post.

In practice, however, the above procedure cannot always
be applied since the seller of such crops is not always able
to identify the actual purchaser (user) but only the first
buyer, usually a business undertaking which effects sales
to further users. For the same reason the necessary
certificates are usually sent to the actual purchaser (user)
by registered post by either (a) the seller or (b) the first
buyer (business undertaking). Certificates lost in postal
transmission between the seller and the first buyer or
between the first buyer and the actual purchaser cannot be
replaced, which results in a totally unacceptable loss for
the seller (producer).

Will the Commission therefore ensure that lost

certificates can be replaced, provided that they were sent
by registered post?

(') OJ No C 49,25.2.1991, p. 17.
O OJNoL342,19.12.1985, p. 1.

Answer given by Mr Mac Sharry
on behalf of the Commission

_(8 February 1991)_

The Commission must repeat the answer it gave to
Written Question No 1392/90 by the Honourable
Member. 'Lost' certificates, whose destruction could not
be proven, could be used as a basis for fraudulent claims

for aid. Since this risk exists, the Commission is not
willing to propose that the requirement for the possession
of an original certificate be waived in order to obtain aid.

WRITTEN QUESTION No 2786/90

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(13 December 1990)_

(91/C 286/11)

_Subject:_ Correct application of the Council Regulation,
particularly in the Bay of Biscay

The French federation of shipowners' trade unions
unilaterally decided last August to ban Belgian fishermen
from continuing to catch sole in the Bay of Biscay, even
using the lighter typeV nets. Regulation (EEC)
No 4047/89 (*) authorized Belgian fishermen to catch 65
tonnes in the Bay in 1990, but an exchange arrangement
with the Netherlands has brought the figure down to 425
tonnes of sole. In order to facilitate fishing, since the
Belgians were only able to catch sole and hake, another
exchange arrangement was made with France, whereby
the by-catches of anglerfish, pollack, plaice, Norway
lobster and white sole could be retained on board. These

by-catches were exchanged for 100 tonnes of sole, which
meant that Belgian fishermen could catch another 325
tonnes of sole.

However, the attitude of the French fishermen is open to
the following criticism:

Since no EEC Regulation stipulates what fishing gear may
be used to catch sole in the Bay of Biscay, pair trawling is
ipso facto authorized.

The letter from the abovementioned federation,
excluding Belgian fishermen from catching fish by
pair-trawling, is therefore contrary to Community
legislation and is not binding on Belgian fishermen.

Since an exchange of letters between the competent
Belgian and French Ministers appears to have been
inconclusive, can the Commission say what measures it
has taken or intends to take to allow Belgian fishermen to
fish legitimately for sole in the Bay of Biscay? It is,
moreover, important that disputes of this kind do not
happen again — would it not be advisable to adapt the
above Regulation or provide a clear interpretation of it?

O OJNoL389,30.12.1989, p. 1.

4. 11. 91 Official Journal of the European Communities No C 286/7

Answer given by Mr Marin
on behalf of the Commission

_(22 January 1991)_

Regulation (EEC) No 4047/89 allocated Belgium a quota
of 65 tonnes of sole in the Bay of Biscay (zones VIII a, b)
for 1990.

Under Article 5 (1) of Regulation (EEC) No 170/83 (*),
Member States may exchange all or part of the quotas in
respect of a species or group of species allocated to them.
As the Honourable Member states, exchange operations
increased Belgium's sole quota to 325 tonnes.

Regulation (EEC) No 3094/86 laying down certain
technical measures for the conservation of fishery
resources ( [2] ) places no restriction on the type of gear used
to catch sole in region 3, including the Bay of Biscay.
Accordingly, there is at present no ban on the use of beam
trawls to fish for sole in region 3.

In these circumstances, the Commission and the French
authorities have always acknowledged the rights of
Belgian fishermen to fish in that region, subject,
naturally, to the technical legislation in force and the
quotas allocated.

As soon as it was informed of the difficulties experienced
by Belgian fishermen, the Commission approached the
French authorities to ask them to take the necessary steps
to ensure freedom to fish in the waters placed under their
sovereignty. If further incidents should occur in the
future, the Commission will not hesitate to take the
measures required to ensure that the common fisheries
policy is respected.

It is true, however, that in December 1990 the
Commission did propose to the Council that the use of
beam trawls should be banned in that region.

O OJ No L 24,27.1.1983.
O OJNoL288,11.10. 1986.

WRITTEN QUESTION No 2936/90

by Mr William Newton Dunn (ED)

to the Commission of the European Communities

_(11 January 1991)_

(91/C 286/12)

_Subject:_ Town twinning

In the Commission's reply to my Written Question
No 545/90 O its statistics revealed that only 15% of the
ECU 3,374 million budget for town twinning in 1989

went on direct aid to the twinning organizations: the
remaining 85 % was spent on studies, meetings of experts,
publications, information campaigns, colloquies etc.

Does the Commission agree with me that in 1990 and
subsequent years the proportion spent on direct aid
should increase?

What is the evidence that this is happening in 1990?

(') OJNoC283,12.11.1990, p. 15.

Answer given by Mr Delors
on behalf of the Commission

_(2_ _April 1991)_

In 1990, two thirds of the ECU 3 million budget went on
direct aid to over one thousand towns.

About one-fifth of the budget was spent on the
organization of conferences and seminars and only
one-tenth on information campaigns and publications.

A list of the towns which received aid in 1990 is being sent
directly to the Honourable Member and to Parliament's
Secretariat.

WRITTEN QUESTION No 3067/90

by Mr Paul Lannoye (V)

to the Commission of the European Communities

_(28 January 1991)_

(91/C 286/13)

_Subject:_ Joule programme

The total budget for all the projects submitted under the
Joule programme would amount to ECU 576 million.
Since ECU 120 million has been earmarked for this

purpose, it is almost certain that some projects with
technical and scientific merit have been eliminated for

budgetary reasons.

1. How many projects were eliminated for budgetary
reasons?

2. What amount would have been necessary to finance
these projects?

3. Can the Commission give a breakdown in ECU of the
funding for exploitation of the various sources of
energy (biomass, wind energy, etc.) ?

No C 286/8 Official Journal of the European Communities 4. 11. 91

Answer given by Mr Pandolfi
on behalf of the Commission

_(2 July 1991)_

The total number of research proposals received in reply
to two calls for proposals under the Joule programme was

1065.

Of these, 647 projects were recognized as having
technical and scientific merit. Within the limits of the

financial resources available, 389 projects given priority
status were selected to receive Community funding.

Several similar or related proposals were grouped
together by theme, as far as possible, into a single overall
project to ensure coherence of research, to reflect the
Iatter's multinational character and participation of
several partners and to ensure Community funding in line
with the available budget.

So far 212 contracts covering 343 proposals have been
concluded with Community backing of ECU 93,6 million.
Other contracts will be signed before the programme
comes to an end on 31 March 1992.

The Honourable Member will find in the table below,
broken down by sub-programme and sector covered, the
number of viable projects which were eliminated and the
total amount of funding requested.

Eliminated projects

Community funding

requested
(in million ECU)

60

29

25,0
4,0

43

16,5
16,0

5,0
5,5

132

Rational use of energy

Fossil fuels

1. Oil and gas
2. Solid fuels

Renewable energy sources

1. Wind energy
2. Photovoltaic conversion

3. Biomass

4. Geothermal energy

Total

Number

85

42

34

8

131

56

42

22

11

258

WRITTEN QUESTION No 87/91

by Mr Luigi Moretti (ARC)

to the Commission of the European Communities

_(6 February 1991)_

(91/C 286/14)

_Subject:_ EPOCH programme

1. Can the Commission state whether the region of
Lombardy is aware of the Community's EPOCH

programme? Has it submitted any projects under this
programme, and if so what are they?

2. Given that the programme aims to give a general
picture of the anthropogenic, hydro-geological and
climatological conditions in the Community, what
publicity and information has been or is to be given to the
competent authorities and agencies?

3. Is the data obtained from these prior activities
publicized by the organization in due time and how far in
advance is it able to inform the people of the areas
concerned?

Answer given by Mr Pandolfi
on behalf of the Commission

_(2 July 1991)_

1. Lombardy has been aware of the EPOCH
programme since September 1988, when officials from
the region met with the head of the programme to discuss
possible future research relating to the Valtellina disaster.
On 3 October 1988 the President of the Regional
Assembly sent a letter of thanks. Working relations were
immediately established with the President of the Office
for Agricultural Development in Lombardy (ERSAL).

Through ERSAL, Lombardy is taking part in a project
financed under the EPOCH programme. The other
Lombard institutes taking part in projects financed by the
EPOCH programme are the Polytechnic Institute of
Milan, the Italian Geodesic Bureau (based in Milan), the
ISMES company in Bergamo, the National Research
Council's Institute of Lithosphere Geophysics (also based
in Milan) and the SPEA company of Milan.

2. As a research programme, the EPOCH programme
is intended to gather data to provide a general picture of
the hydrogeological and climatic situations in the various
Member States. However, the entry, processing and
integration of this data will take some time owing to the
size and complexity of the task and the limited funding
available.

Nevertheless, in order to encourage the broadest possible
collaboration, the Commission is trying to introduce its
research programmes to those concerned by means of
information meetings, generally organized in
collaboration with local institutions. The Commission's

departments send out regular information. In addition,
the APRE (Agency for the Promotion of European
Research), which is based in the Ministry for Universities
and Scientific and Technological Research in Rome, is
responsible for the detailed dissemination in Italy of
relevant information on Community programmes.

3. The Directorate-general for Telecommunications,
Information Industries and Innovation (DG XIII) is also

4. 11. 91 Official Journal of tha European Communities No C 286/9

responsible for disseminating the results of Community
research. The VALUE programme operates in this area,
through publications, electronic information services and
audiovisual media.

Information gained through research projects is
published in the scientific literature. A large number of
popular reviews present the subject matter and the
principal results to the public.

WRITTEN QUESTION No 166/91

by Mr Jose Barros Moura (CG)

to the Commission of the European Communities

_(20 February 1991)_

(91/C 286/15)

_Subject:_ Objection of the Parish Council of Riba de Ave
to the installation of a solid waste treatment

plant in the parish

In view of the objection submitted by the Parish Council
of Riba de Ave to the construction within its area of a

solid waste treatment plant which would serve the
Association of Municipalities of Vale do Ave, can the
Commission provide information concerning the
environmental and planning requirements applying to the
construction of plants of this type, especially in the case of
projects cofinanced by the Community funds?

Answer given by Mr Ripa di Meana
on behalf of the Commission

_(18 March 1991)_

According to the Community waste management strategy
and the Council resolution of 7 May 1990 on waste
policy, prior treatment of wastes must be encouraged in
order to reduce their quantity and/or toxicity and in
order to step up the extent of their recycling and reuse
with a view to their future disposal.

The problem applies, above all, to the conditions under
which this treatment is carried out.

According to the base Directive on waste 75/442/
EEC ('), Member States must make sure that waste is
disposed of without endangering human health or having
an adverse effect on the environment. In order to achieve

this the treatment centre referred to above would have to

obtain from the competent authority an authorization
covering:

— the types and quantities of waste to be disposed of;

— the general technical requirements applying;

— the precautions to be taken into account;

— any information on the origin, destination, treatment
and types and quantities of the waste involved.

Moreover, Directive 85/337/EEC ( [2] ), on the assessment
of the impact of certain public and private projects on the
environment states that waste treatment facilities must be

subjected to an environmental impact assessment if the
waste is considered to be toxic or dangerous, or where the
Member State feels that the characteristics so require, the
Commission must be informed thereof.

These provisions apply to all projects and thus to those
for which Community co-financing were to be requested.

(•) OJNoL 194,25.7.1975.
O OJ No L 175, 5. 7.1985.

WRITTEN QUESTION No 176/91

by Mr Jannis Sakellariou (S)

to the Commission of the European Communities

_(20 February 1991)_

(91/C 286/16)

_Subject:_ Arms exports

1. How does the Commission view the suggestions that
have been made to extend the terms of reference of the

European Community to include exports of arms and
arms related products?

2. Does the Commission intend to use its right of
initiative to extend the terms of reference of the European
Communities?

3. How does the Commission consider that effective

controls on exports of arms related products can be
guaranteed?

4. What steps does the Commission intend to take to
offset the damage caused by individual undertakings
(notably German undertakings, see article in _Der Spiegel_
of 14 January 1991, page 16) that have circumvented the
UN embargo against Iraq?

5. Does the Commission consider, as a matter of
principle, that a common European foreign policy —
pursued with the context of political union — should
include a common export policy in respect of products
and technologies having a bearing on security and
armaments? If so, what measures has the Commission

taken and what measures does it intend to take in future

to achieve this end? If not, how does the Commission
justify this?

Answer given by Mr Andriessen
on behalf of the Commission

_(31_ _July 1991)_

1. In the Commission's view the Gulf war showed once

more how the proliferation of weapons jeopardizes peace

I^OC^DBIO official Journal of the European Communities ^ i n ^ t

and security worldwide. Closer international cooperation
is required to ensure more effective supervision and
restraints on the sale and export of arms. In this
connection the commission hasavalnable part to play in
harmonizing the member states' practices and mlesD
Thus it has already drafted specific proposals hased on
the following considerations^

^ The legal position is thatunderArticle^^ of the LLC^
Treaty member states may take measures connected
with theproduction of ortradein arms^provided^
however^ that these are considered ^necessary for the
protection of the essential interests ofitssecurity^and
thattheydonot^adversely affect the conditions of
competition in the common market regarding
products which are not intended for specifically
militarypurposes.

^ At the political levels the European council has
already identified this as a topic for common
discnssionmn the content of the common foreign and
security policy^at the Intergovernmental conference
onPoliticaltlnion.Asafirststepin this directions
guidelines were laid down at the informal ministerial
meeting at ^ i o n d o r f o n ^ a n d ^ A p r i l 1^1^ based
on the conclusions of the informal European council
meeting on^Aprilt^t^

^. This is the framework within which Commission

initiatives are set. In its opinion of ^iC^ctoberl^O on
the proposal for amendment of theTreatyestablishing
the European Economic community with a view to
Political Unions it noted that defence equipment
production and trade should be brought ^fully under the
discipline of the common markets this would involve ^ ^ r
^ ^ t h e removal of Article ^ ^ . ^imilarly^ in the draft
chapter on community foreign policy in the Union
Treaty^ adopted on ^ Eebruary r^^t^ it identified
economicand technological cooperationon armaments
and the coordination of policy on arms exports and
non-proliferation as essential common security and
defenceinterests.The commission has therefore taken

over the list drawn up at the second Rome European
douncil^ which established that the Union could deal with

aspects of foreign and security policy and called onthe
Intergovernmental Conference to address the Union's
objectives, the scope of its policies and the means of...
ensuring their...implementation within an institutional
framework'.

commission moves to incorporate policy on arms export
into the common foreign policy are therefore carried on
under the aegis of the Intergovernmental conference on
Political L^nion.

^5 Eor the moment the Commission is not empowered
by the Treaty to take measures to establish effective
controls over arms exports.

^. The 111^ embargo gave rise to legislation at
Community level regulation ^EEC^l^o^^OB^Oof^
August 1^0 and regulation ^ E E ^ ^ o ^ l ^ B ^ O o f ^
Cctober 1^0^ as well as in the member states. It is up to
the authorities in the member states to monitor

implementation of these measures and take action in the
event of infringement. The Commission considers the
strict application of the embargo to be an essential
condition for any solution to the present crisis. There are
therefore ongoing consultations with the member states
to ensure that the Community and national measures are
effective.

^. The Commission'sroom for action is restricted by
Article ^ ^ . As ^irBangemann noted when he addressed
Parliament in july^ the commission is studying the
possibility at least of Community controls on arms
exports to third countries.

w ^ I T T E ^ ^ U E ^ T I ^ ^ ^ o ^ O ^ B ^ t

b y ^ H e m ^ G ^ u ^ t u ^ h ^

to theC^ommissionofthe European communities

^^cr.Ecologyanddevelopment^ the development of
Botswana

The European Community is closely involved in
development in Botswana. The Lome Conventions
containaprotocol on beef imports^ making provision for
large Community subsidies, nevertheless^ cattle breeding
in Botswanais still notestablishedonalasting basis.

P ^ h a t measures has the Commission taken to comply
with the European Rarliament'sresolution and report
A^^B^D^rapporteur^vesCalland^

^. ^ h a t percentage of cattle farmers in Botswana benefit
directly from this agreement with the Community^
How great are the advantages for commercial cattle
farmers andtraditionalfarmsrespectivelyi Areany
members of the BotswananCrovemmentorparliament
also commercial cattle farmers^

^. lOoes not the commission think that commercial

cattle farming in Botswana is directly contrary to
lasting developments In what ways might the
Commission promote lasting^ environmentally
responsible development in Botswana^ Is it prepared
to putthese measures intoeffectas soon as possibles

4. 11. 91 Official-Journal of the European Communities No C 286/11

Answer given by Mr Marin
on behalf of the Commission

_(31 July 1991)_

The European Community is indeed closely involved in
the development efforts of Botswana, especially in the
development of its livestock and wildlife resources. In all
these endeavours the Commission's aim is to achieve

sustainable development.

As a result of resolution and report 1-2-24/86 of the
European Parliament, the Commission has taken among
others the following measures.

— Technical assistance was provided to the Department
of Wildlife and national parks. This team of experts
has assisted in the formulation of laws and of other

directives for the benefit of sustainable wildlife

development in Botswana. As a result of this the
Commission hopes to approve in the near future a
Wildlife Development Package of ECU 6 500 000.
Furthermore in analogy with the recommendations of
the report, in 1986, a project initial measures for the
conservation of the Kalahari Ecosystem (ECU
2 000 000) was approved which provided technical
assistance for the monitoring of wildlife and
equipment for the wildlife department and which
provided funds for the *Water for Wildlife'
programme. Under this programme a number of
boreholes were constructed to provide water for
wildlife. Under projects approved prior to the
adoption of the resolution, such as the Sheep and
Goat Development Project and the Services to
Livestock Owners in Communal Areas (SLOCA
project) the Commission continues to pay much
attention to the problems caused by overgrazing.
Under the project Livestock Marketing Development
(ECU 2 400 000) approved in 1989 the Commission
provides assistance to the Botswana Government in a
better marketing of livestock from Communal Areas
thereby providing a better income to small farmers
and at the same time relieving the grazing pressure in
the communal areas.

— AH cattle owners in Botswana benefit from the beef

protocol. Approximately three-quarters of all cattle
delivered to the Botswana Meat Commission come

from large scale commercial farmers or traders while
the remainder comes from the cooperative sector.
Although these percentages are not of a permanent
nature, the European Development Fund has been
instrumental in increasing the share of the small scale
farmers (traditional farmers) in cattle delivery
through these earlier mentioned projects. Several
member of the Botswana Government and of the

Parliament of Botswana are cattle owners.

— The Commission is of the opinion that commercial
beef production in Botswana is compatible with long
term sustainable development, provided that the
necessary accompanying measures are taken. In this

light the earlier mentioned projects have to continue
as they assist in long term ecologically responsible
development. In this way, the Commission counts on a
fruitful cooperation with the European Parliament of
which the rapport Galland is such a good example.

The Commission was equally much encouraged by the
results of the discussions which recently took place
between the Minister of Foreign Affairs of Botswana and
members of the European Parliament.

WRITTEN QUESTION No 461/91

by Mrs Mary Banotti (PPE)

to the Commission of the European Communities

_(19 March 1991)_

(91/C 286/18)

_Subject:_ Lome 4 and the delay in ratifying the Treaty in
all Member States

Could the Commission inform me why there is such a
delay in the different Member States concerning the
ratification of Lome 4, and does the Commission have
any intention to rectify this situation by writing to the 10
Member States concerned?

WRITTEN QUESTION No 1016/91

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(22 May 1991)_

(91/C 286/19)

_Subject:_ Ratification of the Fourth Convention of Lome

Which Member States have to date ratified the Fourth

Convention of Lome?

Joint answer to Written Questions Nos 461/91

and 1016/91

given by Mr Marin
on behalf of the Commission

_(12 August 1991)_

Article 360 (1) of the Fourth Lome Convention States that
the Convention is to enter into force on the first day of
the second month following the date on which the
instruments of ratification of the Member States and of at

least two-thirds of the ACP States are deposited.

As at 24 June 1991, fifty of the ACP countries had already
deposited their ratification instruments and, accordingly,
the conditions of Article 360 had been met as far as the

ACP States were concerned.

By 5 July 1991, Denmark, France, Germany, Greece,
Ireland, Italy, Luxembourg, the Netherlands, Spain and

No C 286/12 Official Journal of the European Communities 4. 11. 91

the United Kingdom had ratified the Convention and
deposited their ratification instruments.

Portugal has now ratified but has not yet deposited its

instruments.

The Belgian national parliament and the parliaments of
Belgium's three Communities have already given their

agreement.

The Commission hopes that all the Member States will
have deposited their ratification instruments by the end of
July, so that Lome IV can enter into force on 1 September.

WRITTEN QUESTION No 507/91

by Mr Pierre Bernard-Reymond (PPE)

to the Commission of the European Communities

_(26 March 1991)_

(91/C286/20)

_Subject:_ Community aid for the construction of road
tunnels in Europe

Can the Commission provide a list of the road tunnels in
the Community, completed in the last 10 years or under
construction, which have received Community aid?

Can the Commission indicate the type and amount of aid

in each case?

Can the Commission list the road tunnel projects for
which the Community has received official applications
for aid from the developers?

Answer given by Mr Van Miert
on behalf of the Commission

_(26 July 1991)_

In its policies on major transport infrastructure projects
and opening up peripheral areas the Community has
always devoted special attention to the crossing of natural
barriers such as channels or mountains.

A number of rail and road tunnels have thus benefited

from Community co-financing. The following road
tunnels (works proper or tunnel access) have received
such financial support in recent years:

— Access to the Mont Blanc tunnel on the French side:

ECU 4 million towards the building of the Tunnel des
Chavants (1985 Budget, heading 580) — in operation;

— Two-lane tunnel on the Corinth—Tripoli highway
(Peloponnese):

ECU 8,2 million granted by the ERDF in 1988 - in
operation;

— Two-lane tunnel linking Katara and Metsovo
(Epirus):

ECU 17,1 million granted by the ERDF in 1988 — in
operation;

— Puymorens trans-Pyrenean tunnel situated in France
near the Spanish border on the Toulouse—Barcelona

route;

ECU 25,5 million granted in 1988 by the ERDF —
expected to begin operating in 1994;

— Somport international trans-Pyrenean tunnel on the
Pau—Zaragoza highway, a link which the
Bordeaux—Valencia and Toulouse—Madrid routes

have in common:

ECU 10 million already granted for 1990 as part of the
1990—1992 transport infrastructure action
programme ('); a further amount could be made
available in 1991 — expected to become operational in
1995.

So far no official application for co-financing has been
lodged for the period after 1992. The Commission is
currently having studies carried out on road and rail
tunnels, particularly in the Alps.

O Council Regulation (EEC) No 3359/90 of 20 November
1990.

WRITTEN QUESTION No 517/91

by Mr Henry Chabert (RDE)

to the Commission of the European Communities

_(26 March 1991)_

(91/C 286/21)

_Subject:_ Freedom of movement and use of certain
frequencies by CB hams in the Community
between now and 1993

Nationals of Member States who are CB hams have often

had their equipment confiscated when entering the
Federal Republic of Germany and have even been taken to
court by the German authorities. In many cases courts
have ruled that a substantial fine must be paid (the person
concerned initially having no defending lawyer).

Unlike the FRG and Finland, which permit only FM
channels to be used, France has since 1982 allowed CB
hams to use channels on three types of modulation: AM,
FM and SSB.

One of the technical reasons put forward by the countries
which authorize only the use of FM is that allowing CB
hams to use other frequencies would result in interference

4. 11. 91 Official Journal of the European Communities No C 286/13

with television reception. This effect has not been noted
in France, however.

Can the Commission say what action it intends to take in
order to promote freedom of movement and the use of
the equipment in question by harmonizing the relevant
legislation in the different Member States of the
Community?

Answer given by Mr Pandolfi
on behalf of the Commission

_(2 July 1991)_

The Commission has attempted to resolve some of the
difficulties caused by national authorities when CB hams
cross frontiers with their equipment. It has asked the
European Telecommunications Standards Institute
(ETSI) to draw up a common European standard. The
standard is currently being prepared, and indeed only
allows for FM modulation. The draft has been submitted

for public enquiry and in March of this year was approved
by the standardization bodies of the Member States under
the reference ETS 300 135.

The standard conforms to the national rules of most of

the Member States and equipment complying with it will
be able to move freely throughout the Community.

The Commission would also refer the Honourable

Member to its answer to Petition No 375/90, which dealt
with the technical aspects of this issue.

WRITTEN QUESTION No 519/91

by Mrs Annemarie Goedmakers (S)

to the Commission of the European Communities

_(26 March 1991)_

(91/C 286/22)

_Subject:_ Human rights abuses in Chad

1. Is the Commission aware of the press reports that
more than 300 political prisoners were executed by
members of the Chad presidential bodyguard shortly
before President Habre fled to Cameroon on 1 December

1990 and that fewer than 20 of the 200 political prisoners
detained in 1990 have been released because the others

died in prison as a result of secret executions,
malnutrition, lack of medical treatment or disease?

2. Does it consider these press reports to be accurate?

3. If it shares the view that the human rights situation is
an important aspect of foreign policy (as, for example, in

Article 5 of the Fourth Lome Convention), what action
does it propose to take in general, and in particular with
regard to Chad, in cases where there are persistent reports
of violations of human rights?

Answer given by Mr Marin
on behalf of the Commission

_(2_ _August 1991)_

For a general account of the Commission's policy, with
particular reference to the actions of the previous regime
in Chad, I refer the Honourable Member to the reply to
Written Question No 1151/90 from Mr Melandri and Mr
Langer (*).

Within the framework of this policy, the Commission's
actions are normally taken at the diplomatic level, and it
would not be in the public interest to publish the details.
However, we can report that our efforts in Chad did not
meet with a positive response up to the time that the
regime was overthrown. In other African countries,
including notably the Central African Republic and
Somalia, pressure from the Commission has been
followed by the release of political prisoners. In extreme
cases, which are well-known, the Commission has found
it impossible to proceed with development cooperation
work (except humanitarian work) while the regime
concerned persists in the constructive abuse of human
rights.

(') OJNoC 283,11.11.1990.

WRITTEN QUESTION No 536/91

by Mr Virginio Bettini (V)

to the Commission of the European Communities

_(26 March 1991)_

(91/C 286/23)

_Subject:_ Infringement of the directive on the assessment
of the effects of certain public and private
projects on the environment: Is Arenas holiday
centre (Oristano)

The 'Is Arenas' undertaking has recently announced its
intentions of resuming work on the development of a
coastal residential holiday centre in the 'Is Arenas'
artificial pine forest.

This development project would be situated in a pine
forest which despite the fact that it is an artificial
plantation tended by the Forestry Commission, is a typical
dune forest consisting of Pinus pinea and Pinus pinaster,
which looks onto sandy beaches, where Crucianellia
juniper thickets and sclerophyllous scrub grow. This
forms one of the habitats included in the report by Mr H.
Muntingh on the proposal for a Directive on the
protection of natural and semi-natural habitats, in
Annex IV listing endangered natural and semi-natural
habitats.

No C 286/14 Official Journal of the European Communities 4. 11. 91

What steps does the Commission intend to take to protect
these habitats and ensure Italy's compliance with the
Community Directive on the natural environment?

Answer given by Mr Ripa di Meana
on behalf of the Commission

_(1_ _July 1991)_

The Commission was unaware of the Is ' Arenas

development project to which the Honourable Member
refers.

Tourist projects are listed in Annex II to Directive
85/337/EEC (*) and, pursuant to Article 4 (2) of the
Directive, it is incumbent upon the Member State
concerned to decide whether or not a given project must
be made subject to an assessment. To this end, Member
States may establish the necessary criteria and/or
thresholds.

To date, Italy has not informed the Commission of the
measures it has taken.

As the Honourable Member has pointed out, dunal
forests with Pinus Pinea and Pinus Pinaster are listed in

Annex IV to the proposal for a Directive on the protection
of natural and semi-natural habitats and wild fauna and

flora.

According to Articles 4 and 8 and the criteria listed in
Annex V to this proposal, special protection areas should
be established for the types of habitat listed in Annex _W._

At present, the proposal for a Directive is still being
discussed within the Council.

O OJ No L 175, 5.7.1985.

WRITTEN QUESTION No 590/91

by Mr Virginio Bettini (V)

to the Commission of the European Communities

_(26 March 1991)_

(91/C 286/24)

_Subject:_ Fish farming in Salina del Comacchio (Italy)

In 1985, the Italian State monopoly suspended salt
production in Salina di Comacchio; the commune of
Comacchio, having obtained the management rights over
the territory of the former salt flats, held negotiations
with the Silvaco company to embark on an intensive
fish-farming project even though such activity is expressly
prohibited in areas protected by the International
Convention of Ramsar;

given that salt production has played a major role for the
economy of Comacchio since there are few salt
production centres in Italy almost all of which are based
in the south;

given that the salt flats are an area of immense natural,
historical and cultural value which should be safeguarded
from any form of misuse or speculation;

can the Commission take steps to ascertain whether all the
regulations on the assessment of environmental impact
established by Community legislation are being properly
respected and, in addition, state what measures it intends
to take in this respect?

Answer given by Mr Ripa di Meana
on behalf of the Commission

_(9 July 1991)_

Council Directive 85/337/EEC of 27 June 1985 ('), on the
assessment of the effects of certain public and private
projects on the environment, provides that Member States
take the necessary measures to ensure that projects likely
to have significant effects on the environment are
subjected to an impact assessment, prior to the granting of
authorization.

Annex II to the Directive lists the classes of project subject
to an assessment where Member States consider that their

characteristics so require. Salmon breeding is included in
this Annex.

However, given that Salina di Comacchio is protected
under the Ramsar Convention and has also been classified

as a special protection area under Article 4 of Directive
79/409/EEC ( [2] ), the Commission takes the view that, in
this case, all fish farming activities must be made subject
to comprehensive assessment before being authorized.

The assessment should take account of the obligations to
preserve the environment ensuring from the fact that the
site has been classified as a special protection area.

The Commission reserves the right to check the validity
of such an authorization.

O OJ No L 175, 5.7.1985.
O OJNoL 103,25.4.1979.

WRITTEN QUESTION No 609/91

by Mr Jose Valverde L6pez (PPE)

to the Commission of the European Communities

_(15 April 1991)_

(91/C 286/25)

_Subject:_ Results of the Community-funded free
distribution of foodstuffs in Spain in 1989 and
1990

With regard of the Community-funded free distribution
of foodstuffs in Spain in 1989 and 1990, can the
Commission indicate:

4. 11. 91 Official Journal of the European Communities No C 286/15

1. what criteria were used when deciding on distribution;

2. what quantities were distributed;

3. which NGOs carried out the actual distribution?

WRITTEN QUESTION No 753/91

by Mr Jose Valverde Lopez (PPE)

to the Commission of the European Communities

_(23 April 1991)_

(91/C 286/26)

_Subject:_ Plan for the supply of food from intervention
stocks

Commission Decision 91/81/EEC(') adopts the 1991
plan allocating to the Member States resources for the
supply of food from intervention stocks to designated
organizations for distribution to the most deprived people
in the Community. The Decision states that 'it is
necessary, in order to help optimize the utilization of
budget appropriations, to take account of the degree to
which the various Member States used the resources

allocated to them in 1989 and 1990'.

What organizations were designated by the Spanish
Government to deliver food in Spain? What eligibility
criteria for recipients were proposed by Spain? What
requirements did the Spanish authorities lay down for the
designated organization? What was the tenor of the final
report on the implementation of the plan in 1988, 1989
and 1990?

O OJ No L 48,21. 2. 1991, p. 30.

Joint answer to Written Questions Nos 609/91 and 753/91

given by Mr Mac Shaony
on behalf of the Commission

_(3 July 1991)_

The criteria for distribution of foodstuffs from

intervention stocks to the most deprived people in each
Member State are determined by the Member State itself
in collaboration with those organizations familiar with
the difficulties facing this sector of the population.

In Spain the following quantities were distributed in
the form of biscuits, pasta, prepared meals, olive oil,
processed cheese and UHT milk:

1990
(provisional figures)

20 350

4 600

3 475

3 450

4 900

Common wheat

Durum wheat

Butter

Beef

Olive oil

1989

17 250

4 600

2 875

3 450

4 025

Distribution was entrusted to a single organization, the
Red Cross, which however works with a large number of
non-governmental organizations.

A report on the operation of the scheme, covering 1988
and 1989, will shortly be presented to Parliament and
the Council. It indicates that the scheme functioned

satisfactorily in Spain.

WRITTEN QUESTION No 744/91

by Mr Maxime Verhagen (PPE)

to the Commission of the European Communities

_(23 April 1991)_

(91/C 286/27)

_Subject:_ Establishment of a transmission standard for
satellite broadcasts

1. Is it true that the Commission wishes to retain the

PAL system for the time being in spite of the fact that this
system can never be used for high definition television
(HDTV)?

2. Does the Commission agree that there is a large
potential market for the electronics industry in the field of
HDTV and that the selected transmission standard will

determine the share which the European industry will
have in the future market?

3. Does it also consider that it is very important for
there to be only one transmission standard for satellite
broadcasts in Europe?

4. Is it prepared to stipulate the D2 MAC system as a
standard in the new EC Directive and, if so, when?

Answer given by Mr Pandolfi
on behalf of the Commission

_(12 August 1991)_

1 and 4. The 1986 MAC/packet Directive, which
requires MAC standards to be used for direct operational
satellite television broadcasting, expires on 31 December
1991.

No C 286/16 Official Journal of the European Communities 4. 11. 91

A number of telecommunications satellites also transmit

television programmes using the PAL system on the direct
broadcast market.

On 28 February 1991, the Commission started formal
consultations with satellite operators, broadcasters, cable
companies and manufacturers of equipment who have
stressed the importance of the D2-MAC standard and the
16/9 screen format for the development of HDTV. At the
Council meeting of 3 June 1991, the Telecommunications
Ministers also expressed their support for the adoption of
this standard. The Commission recently forwarded a
proposal for a Council Directive to the Council and the
European Parliament on the adoption of standards for
satellite broadcasting of television signals which endorses
this approach (*).

2. The introduction of HDTV is of considerable

industrial, commercial and cultural importance.
Conscious of the huge market which exists, the industry
has invested large sums in recent years in research and
development of MAC standards for use in satellite
broadcasting which are compatible with the HDTV
standard developed by the Eureka 95 programme. The
Commission agrees that a single MAC standard is the
only means of ensuring a unified market and facilitating
the introduction of European HDTV services.

3. Europe represents the largest unified market in the
world, in terms of both its present size and the prospects
for growth in the short and medium term. The adoption
of an HDTV standard compatible with the standard
adopted for direct satellite television broadcasting would
be a contribution to the completion of the single market
which would benefit both viewers and industry, and give a
boost to the European electronics industry in particular.

(') COM(91)242 final.

WRITTEN QUESTION No 747/91

by Mr Karl von Wogau (PPE)

to the Commission of the European Communities

_(23 April 1991)_

(91/C 286/28)

_Subject:_ Licensing of caravans

1. Is the Commission aware that, contrary to the
hitherto accepted practice of licensing caravans in
accordance with EC provisions, the Italian Government
has issued Decree No 181/89 on the basis of which, since
October 1990, the Italian Ministry for Industry has
limited the length of overhang for caravans to 60 %?

2. Does it consider that Decree No 181/89 and the

new practice of the Italian authorities in licensing

imported caravans from other Member States _is_
compatible with the Treaty of Rome and, in particular,
with Community provisions on the free movement of
goods?

3. What action does it intend to take against the Italian
Government and the Italian Ministry for Industry if it
considers that an infringement of the free movement of
goods within the Community has taken place?

Answer given by Mr Bangemann
on behalf of the Commission

_(2 July 1991)_

1. Not having been officially informed of the
regulation to which the Honourable Member refers, the
Commission contacted the Italian authorities which then

forwarded circular No 181/89.

The circular interprets existing standards and lays down
the requirements which must be met by trailers for
classification, as appropriate, as caravans, trailers
specially used for living, or trailers specially used as
offices. In particular, for a vehicle to be classified as a
'trailer specially used for living' the rear overhang cannot
exceed 60 % of the distance between the coupling and the
axle.

2. The Commission is now examining the real scope of
this circular and the implications it might have for trade
between the Member States.

3. If the regulations or practice of the Italian
Government proved to be contrary to the principle of the
free movement of goods, the Commission would take all
necessary measures to remove this possible barrier to
trade.

WRITTEN QUESTION No 764/91

byMrDerekPrag(ED)

to the Commission of the European Communities

_(29 April 1991)_

(91/C 286/29)

_Subject:_ ESF projects for disabled people, notably the
Horizon Programme

The Commissioner for Social Affairs will recall that she

promised the Parliament's All-Party Disablement Group
last year that she would ensure that the re-organization of
ESF operations along geographical lines would not result
in a loss of transparency with regard to operations to
rehabilitate and train disabled people. The Group was

4. 11. 91 Official Journal of the European Communities No C 286/17

also given indications that two thirds of the Horizon
Programme would be devoted to disabled people.

Will the Commission state:

1. whether it intends to keep the promises made to the
All-Party Disablement Group;

2. whether it has yet fixed the proportion of the ECU
180 million Horizon Programme to be devoted to
projects for disabled people; if so, what that
proportion is;

3. (a) what proportion of ESF spending in 1990 was

used for projects specifically devoted to
rehabilitation and training of disabled people;

(b) what the sum, in millions of ECU, allotted to
such programmes amounted to;

(c) how many disabled people in all benefited from
ESF projects (projects devised specifically for
disabled people, plus those in which some
disabled people participated)?

Answer given by Mrs Papandreou
on behalf of the Commission

(5 _July 1991)_

1. The Commission remains fully committed to
maintaining transparency with regard to operations to
rehabilitate and train disabled people.

2. The proportion of the ECU 180 million Horizon
Initiative that will be devoted to projects in favour of
disabled people has not yet been decided. That decision
will be made on the basis of the Commission's assessment

of the national Operational Programmes which had to be
submitted to the Commission by 30 June 1991.

3. (a) The proportion of ESF commitments specifically

designated for the rehabilitation and training of
disabled people in 1990 was 6,4 %.

(b) The sum allotted to such programmes was ECU
216 million.

(c) 54 463 disabled people benefited from ESF
activities under Operational Programmes in 1990.

On the other hand, programmes to be financed under the
Horizon Initiative starting in 1991 will include a
substantial number of operations for disabled people. The
amount of ESF funding allocated to operations
specifically for disabled people will therefore be increased
overall.

The above figures relate only to programmes submitted
specifically for the disabled under Objectives 3 and 4 but
do not include disabled people who have benefited from
programmes under Objectives 1, 2 and 5 (b) of the
structural Funds.

The Commission does not have statistical information on

the number of disabled people who participated in
activities other than those specifically designed for
disabled people.

WRITTEN QUESTION No 768/91

by Mr Philippe Douste-Blazy (PPE)

to the Commission of the European Communities

_(29 April 1991)_

(91/C 286/30)

_Subject:_ Disparities between European regions

The conclusions contained in the fourth report on the
socio-economic situation in the regions of the EEC,
submitted by the Commission on 9 January 1991, show
that disparities between European regions continue to be
as extensive as ever.

As a general rule the disparities recorded in the areas of
incomes, productivity, employment, unemployment and
migration are related to far reaching differences in
competitiveness.

The principal factors requiring action are those that
influence investment and its location: infrastructures,
availability of qualified workforce, local credit and tax
conditions, ability of firms to innovate, research and
development options.

This situation clearly shows that participation by the
regions in development policies intended to reduce
disparities is a primary requirement, not only in the
implementation of programmes but also to a significant
extent at the drafting stage.

Does the Commission think that the consultative

committee framework is sufficiently adapted to these
requirements, and can it state whether it intends to
associate the regions more closely with the drafting of
legislative and executive instruments directly applicable to
them, so enabling them to become direct participants in
renewed efforts to build a united Europe ?

Answer given by Mr Millan
on behalf of the Commission

_(1_ _July 1991)_

Within the framework of the Structural Funds, regional
and local authorities can participate in the preparation
and implementation of operational programmes through
the partnership arrangements. More generally, the
Consultative Council of Regional and Local Authorities,
established by the Commission in 1988, provides a forum
through which regional and local authorities can
influence Community decisions which affect them.

The representation of regional and local authorities
within the Community's decision-making structures is
one of the issues being considered in the context of the
Inter-governmental Conference on Political Union. The
Consultative Council has already formally presented its

No C 286/18 Official Journal of the European Communities 4. 11. 91

proposals on this matter indicating its desire that a body
representing regional and local authorities be explicitly
provided for within the Treaties. The Commission has
recently submitted to the Inter-governmental Conference
on Political Union a working paper in which it proposes
the incorporation in the Treaty of provision for a
consultative committee on regional and local authorities.
This committee, comprising elected representatives
appointed by the Member States after consultation with
representative national bodies, would be consulted by the
Commission on all draft of legislation under the regional
policy of a united Europe and could, in addition, be
consulted on any matter affecting regional development.

WRITTEN QUESTION No 781/91

byMrPolMarck(PPE)

to the Commission of the European Communities

_(29 April 1991)_

(91/C 286/31)

_Subject:_ Creation of a unit in the Directorate-General for
Agriculture with responsibility for consumer
information and the promotion of agricultural
products

The establishment plan of DG VI includes a special unit
responsible for the above tasks.

1. Why did the Commission consider it necessary to set
up this unit?

2. Will the unit have sufficient resources to consider each

product separately? Under which budget heading are
appropriations for this purpose to be entered?

3. Will the necessary structures be introduced for
consultation with national promotion bodies in order
to take sufficent account of regional consumer habits?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(4 July 1991)_

A unit to promote the sale of agricultural products has
been established within DG VI and will become

operational in the near future.

Product promotion schemes are becoming increasingly
numerous. To those already in existence for milk
products, fibre plants, olive oil and grape juice will shortly
be added others for wine, apples and citrus fruit. The

more numerous these schemes become the more

important it is to group them under a single unit
responsible for developing a consistent approach to
promotion and consumer consultation.

The number of officials assigned to the unit will be
determined on the basis of the work allotted to it and the

resources available within the Commission.

This is essentially a rationalization operation within DG
VI. There are as yet no plans to alter the budgetary
framework and the actual execution of the various

schemes already in existence, which are covered by budget
items specific to each of the sectors involved.

WRITTEN QUESTION No 787/91

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(29 April 1991)_

(91/C 286/32)

_Subject:_ District heating experiments

In the search for solutions to energy problems,
experiments have been carried out with district heating
systems.

Does the Community support in any way this line of
experimentation and/or research into district heating?

Answer given by Mr Cardoso e Cunha
on behalf of the Commission

_(2 July 1991)_

The first district heating experiments were carried out at
the end of the last century. In the Community, this type of
heating has become fairly widespread in Denmark and
Germany. Most of the other Member States also have
reasonably large networks. Outside the Community,
district heating has been introduced on a large scale in
Scandinavia and Eastern Europe in particular. The
techniques are very widely established and the possibility
of developing a system depends mainly on the local
economic context.

Within the framework of its demonstration programme,
the Commission has in the past supported district heating
projects characterized by a high degree of innovation and
leading to substantial energy savings. It will continue to
do so under the Thermie programme.

4. 11.91 Official Journal of the European Communities No C 286/19

WRITTEN QUESTION No 819/91

by Mrs Anita Pollack (S)

to the Commission of the European Communities

_(3 May 1991)_

(91/C 286/33)

_Subject:_ Commercial whaling

Does the Commission intend to bring forward any
proposals to ban commercial whaling in the Community?

Answer given by Mr Marin
on behalf of the Commission

_(3_ _July 1991)_

In line with the moratorium agreed by the International
Whaling Commission (IWC), in force since 1986, all
whaling activities in the Community have ceased.

The Commission applauds the IWC decision, taken at its
meeting of 27—31 May 1991, to extend for a further year
the moratorium on whaling. The Commission would,
nevertheless, have preferred an indefinite extension of the
moratorium, turning it into a total ban on whaling. The
Commission expects the States involved to respect the
moratorium fully, despite hints by certain members of the
IWC that they wish to leave the organization.

The Commission also considers it necessary to abandon
whaling for 'scientific' purposes. It would prefer the use
of alternative research methods which do not involve the

capture and death of the species.

The import into the Community of cetacean products is
also forbidden under Regulations (EEC) No 548/81 (')
and (EEC) No 3626/82 0 .

(*) OJNoL39, 12.2. 1981.
O OJ No L 384, 31.12. 1982.

WRITTEN QUESTION No 823/91

by Mr Antoni Gutierrez Diaz (GUE)

to the Commission of the European Communities

_(3 March 1991)_

(91/C 286/34)

_Subject:_ The tourism development plan for the Atlantic
coast of Andalusia

The Kohler report on the regional development plan, plan
for regional conversion and Community support
framework for Spain points out, in its explanatory
statement, that the tourist development plan for the
Atlantic coast of Andalusia could have a damaging effect
on the environment.

Given that this plan is receiving ERDF funds, what
measures does the Commission intend to take to avert this

risk?

Answer given by Mr Millan
on behalf of the Commission

_(23 July 1991)_

The structural Funds have not so far financed any tourist
development plan on the Atlantic coast of Andalusia. If in
the future the appropriate authorities should submit to
the Commission a proposal to finance such a plan or
measures to promote tourism in that area, either under an
operational programme or another form of assistance,
such proposals would be thoroughly considered by the
appropriate Commission departments in cooperation with
the national and/or regional authorities to verify _inter alia_
that they comply with Community policies, including
environmental policy.

WRITTEN QUESTION No 833/91

by Mr Carlos Robles Piquer (PPE)

to the Commission of the European Communities

_(3_ _May 1991)_

(91/C 286/35)

_Subject:_ The Cabrera Archipelago, a Spanish National
Park

The Spanish Parliament is currently deliberating on a law
under which the Cabrera Archipelago, which belongs to
the Autonomous Community of the Balearic Islands and
comprises the islands of Cabrera, Sa Conillera and a
number of islets, will be designated a land-maritime
national park. The archipelago, which is the largest of the
small Spanish archipelagos, has been protected from the
ecological damage which it might have suffered as a result
of tourist or building development by the fact that it has
hitherto been set aside for the exclusive purpose of
national defence. The richness of its fauna and flora is

well-known.

Under the law referred to here, the revenue needed to
manage and maintain the future National Park may
include contributions and subsidies from public and
private bodies.

Although the European Community is not mentioned in
the forthcoming law, could the Commission contribute in
some way to this important environmental conservation
initiative, perhaps by allocating funds from programmes
for the protection of natural environment or designated
for research, which is one of the activities permitted under
this law?

No C 286/20 Official Journal of the European Communities 4. 11. 91

Answer given by Mr Ripa di Meana
on behalf of the Commission

_(5 July 1991)_

The Spanish authorities have classified the archipelago of
Cabrera as a special protection area under Article 4 of
Directive 79/409/EEC on the conservation of wild

birds (').

The Council is currently examining a proposal for a
Regulation on action by the Community relating to
nature conservation (ACNAT).

This proposal for a Regulation, part of which replaces
Regulation (EEC) No 2242/87 on action by the
Community relating to the environment ( [2] ), makes
provision for the granting of financial support for
projects providing an incentive towards the maintenance
or re-establishment of seriously threatened biotopes of
endangered species which are of particular importance to
the Community, or the implementation of measures to
conserve or re-establish endangered species pursuant to
_inter alia_ Directive 79/409/EEC.

Spain may submit a request for financial support for
action concerning the protection of the biotopes of the
Cabrera archipelago, which will be processed in
accordance with the rules established by the aforesaid
Regulation, once it has entered into force.

(') OJ No L 103, 25.4. 1979.
O OJ No L 207,29. 7. 1987.

WRITTEN QUESTION No 901/91

by Mrs Anita Pollack (S)

to the Commission of the European Communities

_(8 May 1991)_

(91/C 286/36)

_Subject:_ Overfishing off Canada

Is it true that in 1990 EC fishing vessels disregarded quota
limits, and how does the Commission intend to comply in
1991 with eight NAFO quotas?

Answer given by Mr Marin
on behalf of the Commission

_(4 June 1991)_

It is true that according to preliminary figures, the
Community quotas for three out of 11 stocks occurring in
the NAFO Regulatory Area appear in fact to have been
exceeded to a certain extent, in 1990. This does, however,
not necessarily mean that EC fishing vessels have
disregarded quota limits. Subject to further examination it
cannot be excluded that due to technical delays in the
transmitting of catch reports to the competent authorities
of Member States/the Commission the respective fishery
could not be halted in time. The Commission in

cooperation with Member States is about to develop a
system for transmission of such data by satellite which
should allow similar situations to be avoided in the future.

Apart from this unilateral initiative the Community has,
in the international framework of the Northwest Atlantic

Fisheries Organization, agreed to the introduction of
considerable improvements in the NAFO Joint
International Inspection Scheme. Control and inspection
activities in the NAFO Regulatory Area will be better
coordinated, a hail system of radio-communications will
be introduced and aerial surveillance will add to the

efficiency of surveys by inspection vessels. The
Community has just sent such an inspection vessel to the
area which is due to stay on the spot for seven months in
1991.

WRITTEN QUESTION No 909/91

by Mr Hemmo Muntingh (S)

to the Commission of the European Communities

_(15 May 1991)_

(91/C 286/37)

_Subject:_ Arrests and illegal logging in the Philippines

One of the last few areas with pristine natural forest in the
Philippines, Palawan, is threatened by illegal logging
activities. The forest destruction has serious consequences
for the indigenous communities and the biological
diversity of Palawan. On 15 February 1991 the Philippine
National Police arrested sixteen environmentalists who

are active in the campaign for the protection of Palawan.

1. Is the Commission aware of the illegal logging
practices that are currently going on in Palawan, the
Philippines?

2. Will the Commission approach the government of the
Philippines and request clarification of the arrests
made in Palawan?

3. What is the Commission going to do in order to urge
the government of the Philippines to take the
necessary steps to halt illegal logging practices?

4. Does the Community import timber from the
Philippines and if so is the Commission prepared to
halt such imports until the exploitation is done in a
sustainable manner?

Answer given by Mr Matutes
on behalf of the Commission

_(31_ _July 1991)_

1. The Commission is aware of illegal logging activities
in the Philippines and the Island of Palawan is probably
not excluded from these practices.

4. 11.91 Official Journal of the European Communities No C 286/21

2. The Commission through its Delegation in Manila
will seek clarification on the arrests of the

environmentalists referred to by the Honourable
Member.

3. Total and partial banning of logging activities in the
Philippines are regulated by law. The Commission has no
direct power on advising the Government about law
enforcement against illegal logging.

Since 1982 the Commission has cofinanced with the Asian

Development Bank (ADB) the Palawan integrated Area
Development Project (PIADP). One of the major project
components covered by the EC contribution was the
integrated Environmental Programme (IEP). This
represents the most comprehensive support to assess the
existing environmental situation in the Island of Palawan
and to develop a strategy for future resource
conservation.

4. During recent years, EC timber imports from the
Philippines did not reach significant levels; the volume of
sawn timber imports from the Philippines is _7,7_ % of total
EC imports of this category of product. However, the EC
is playing an active role in the search for an international
instrument for the conservation of the tropical rain forest.

WRITTEN QUESTION No 923/91

by Mrs Cristiana Muscardini (NI)

to the Commission of the European Communities

_(15 May 1991)_

(91/C 286/38)

_Subject:_ 'RE.SOL.' plant

Will the Commission speak out to ensure compliance with
Community environmental protection legislation, in view
of the flagrant violation not just of that law, but also of
the terms of the motion adopted by the Chamber of
Deputies on 30 January 1990 which enjoined the Italian
Government and Minister for the Environment to refuse

permission for the RE.SOL. plant to be built either in
Cengio or in the Valle Bormida?

Answer given by Mr Ripa di Meana
on behalf of the Commission

_(19 July 1991)_

The information contained in the written question does
not give the Commission a clear idea of the problem
concerning the construction of the RE.SOL plant in Italy.

If the Honourable Member can provide further
information, the Commission will make a point of
checking whether Community environmental legislation
is being complied with in the case in question.

WRITTEN QUESTION No 973/91

by Mrs Pasqualina Napoletano (GUE)

to the Commission of the European Communities

_(17 May 1991)_

(91/C 286/39)

_Subject:_ Implementation of the Perifra programme

The European Parliament has recently created a new
budget heading, Perifra, for measures to absorb the
impact on outlying regions of the events which occurred
in 1990.

Given that the letter launching the programme was sent to
the Member-State representatives on 21 March 1991 and
the deadline indicated for tabling projects is 30 April
1991, does the Commission consider it feasible for the
Member States to contact eligible outlying regions, draw
up new projects and submit them for funding within 30
working days?

Is it not necessary to propose more realistic deadlines in
order to ensure that projects are drawn up for the express
purpose of solving problems which have recently
occurred?

Answer given by Mr Millan
on behalf of the Commission

_(2 July 1991)_

First of all, the Commission would draw the Honourable
Member's attention to the fact that the appropriations for
the Perifra special operation need to be committed by 31.
December 1991, so all projects have to be submitted to the
Commission in time for it to consider them thoroughly
and assess their respective merits.

It is, however, true that the time which the Commission
gave the Member States was short and that is why it
decided to extend the deadline for the submission of

projects to 31 May 1991.

WRITTEN QUESTION No 976/91

by Mrs Marie Jepsen (ED)

to the Commission of the European Communities

_(17 May 1991)_

(91/C 286/40)

_Subject:_ Risk that inclusion of shipping in a future GATT
agreement will hamper efforts to achieve market
liberalization in this sector

Representatives of the shipping sector in the Community
Member States and a number of third countries, including

No C 286/22 Official Journal of the European Communities 4. 11. 91

the Scandinavian-EFTA countries and Japan have in
recent years expressed the view that shipping should not
be included in any future GATT agreements unless it can
be guaranteed from the outset that this will result in
increased and not decreased liberalization in this sector.

European shipowners have recently reiterated this point
of view, pointing out that the proposals currently being
put forward within the framework of the GATT
negotiations tend to legalize rather than counter existing
protectionism in the shipping sector.

Does the Commission agree and will it take steps to
ensure that maritime transport will only can be included in
the future GATT provisions on the condition that this
leads to increased market liberalization for international

shipping?

Answer given by Mr Andriessen
on behalf of the Commission

_(2_ _August 1991)_

The Commission agrees that the inclusion of shipping in
the GATT agreement should result in greater
liberalization of the sector in the long term. It is essential
in the Commission's view first of all that shipping should
not depart any further from its liberal traditions;
consequently, the sector should be subject to the
fundamental ground rules of the future agreement on
world trade in services, namely multilateralism,
non-discrimination and gradual liberalization. The
alternative is to countenance a continuation of the present
erosion of liberal principles.

However, the Commission does not accept that the effect
of enhanced liberalization can be set as precondition for
the inclusion of shipping in the negotiations. Greater
liberalization is precisely one of the objects of the
negotiation, and the opening of negotiations can hardly
be made conditional on the attainment of their objective.

The Commission is aware, nevertheless, of the difficulties
surrounding negotiations in this sector, since over and
above the issue of principle, which is to bring
international trade in shipping services within a
framework geared to the liberalization of that trade, the
aim is to achieve results that are dependent on detailed
and complex analysis of the situation in different
branches of shipping:

— to secure the existing high degree of liberalization and
multilateralism in the transport of cargo other than
liner cargo;

— to prevent the spread of restrictive, protectionist
tendencies into liner cargo or beyond;

— to liberalize liner cargo where it has already been
affected by restrictions;

— to recognize the difficulty of removing any kind of
existing restrictions in the short term;

— last but not least, to ensure that the spread and
consolidation of liberal principles in the shipping
sector itself should not be undermined by the
introduction or continued existence of indirect

restrictions affecting related or auxiliary services, or
by other measures.

However, the Honourable Member should note that the
existence of such problems, and the fact that shipping has
its special characteristics which contribute to those
problems, are features shared with many other traded
service sectors. While the task may be a daunting one, the
Commission cannot believe that any sector should be
ruled out of the negotiations that the Council has
mandated it to conduct just because problems exist; to
think otherwise would be to evade its negotiating
responsibilities and compromise the Community's main
objective, which is to help negotiate a coherent
framework for the liberalization of international trade in

services on a lasting and comprehensive basis.

WRITTEN QUESTION No 1007/91

by Mr Kenneth Coates (S)

to the Commission of the European Communities

_(17 May 1991)_

(91/C 286/41)

_Subject:_ Severance payments to dockworkers in Britain
and competition policy

British public funds to the extent of £ 150 million were
distributed by the United Kingdom Government in order
to finance severance payments to British dockworkers,
during the operation which brought about the abolition
of the Dock Labour Scheme. The motive for this abolition

was said to be the improvement of the productivity of the
industry.

In other cases, such as the takeover of Rover by British
Aerospace, the Commission has ruled that very much
smaller sums of government assistance have breached the
regulations on fair competition.

Has the Commission considered these payments in
respect of the restructuring of the port transport industry?
Does it believe that such payments are in breach of the
rules? If so, what action does it propose to take?

4. 11.91 Official Journal of the European Communities No C 286/23

Answer given by Mr Van Miert
on behalf of the Commission

_(27 September 1991)_

The Commission would refer the Honourable Member to

the reply to the oral question H-403/91 by Mr Crampton,
which it gave during question time at Parliament's June
1991 part-session (').

(') Debates of the European Parliament No 3-406 (June 1991).

WRITTEN QUESTION No 1010/91

byMrPauIStaes(V)

to the Commission of the European Communities

_(22 May 1991)_

(91/C 286/42)

_Subject:_ Possible EC subsidy for 'Dock-Side'
(Hasselt/Belgium)

Is it true that the 'Dock-Side' discotheque in Hasselt
(Belgium) has received Community subsidies?

If so:

1. Why is it eligible for Community subsidies ?

2. From what fund were the subsidies paid?

Answer given by Mr Millan
on behalf of the Commission

_(5_ _July 1991)_

The Dock-Side discotheque has not received ERDF
assistance as investment in discotheques is not eligible for
assistance from this Fund.

WRITTEN QUESTION No 1020/91

by Mr Madron Seligman (ED)

to the Commission of the European Communities

_(22 May 1991)_

(91/C 286/43)

_Subject:_ Poultry farming — human health and welfare of
birds

Council Directive 86/113/EEC (') sought to afford a
measure of protection to battery hens kept for egg laying.
As far as I can trace, there is no similar legislation for the
protection of broiler poultry. Surely the criterion to be
considered is the welfare of any bird farmed in large
numbers, rather than the end product. At the present time
it is widely alleged that fanners in certain Member States

gain an unfair competitive advantage by according a low
priority to the welfare of the birds themselves. When will
the Commission take action in this regard?

In contrast, I understand that draft proposals would
require all Community poultry fanners to confirm to
French methods of production. If this were so, there
could be a threat to British farmers at least, since
production methods are geared to a different species of
chicken. My colleague Brian Simpson has written to
Commissioner Raymond MacSharry pointing out in some
detail the problems which could arise. May I too seek
reassurances in this regard?

(») OJNoL95,10.4. 1986, p. 45.

Answer given by Mr Mac Sharry
on behalf of the Commission

_(9 July 1991)_

The Honourable Member is correct to state that there is

at present no Community legislation on the protection of
poultry kept for meat production.

The Community is a contracting party to the European
Convention for the Protection of Animals kept for
Farming Purposes, and participates, along with all
Member States, in the work of the Standing Committee
established by the Convention. This Committee draws up
recommendations on the keeping of different types of
farm animals, and these recommendations must then be
implemented by the contracting parties. The Committee
has recently started to discuss the question of poultry kept
for meat production.

Should the Council of Europe make a recommendation
on the subject, the Commission will consider how best to
implement it. In any case, the Commission will ensure that
the fullest consideration is given, both in the Standing
Committee and at Community level, to the circumstances
prevailing in all Member States.

WRITTEN QUESTION No 1053/91

by Mr Jose Happart (S)

to the Commission of the European Communities

_(22 May 1991)_

(91/C 286/44)

_Subject:_ Request for dairy reorganization subsidy

The Ferme Leonard SA, a recognized Walloon regional
reference centre, was refused EEC reorganization
investment aid which it required in order to increase its
cow's milk utilization capacity, thereby absorbing
quantities of skimmed milk which would otherwise be
used for milk powder and would enter Community
intervention stocks.

No C 286/24 Official Journal of the European Communities 4. 11. 91

Does the Commission agree that this is contrary to the
principle of supporting investment for the manufacture
and marketing of dairy products, particularly since they
are organically produced directly on the farm?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(17 July 1991)_

After a thorough investigation, it appears that no aid
application from the Ferme Leonard SA has been
forwarded to the Commission by the Belgian authorities.

Such an application for finance could in theory have been
submitted under Regulation (EEC) No 797/85 ( [!] ), which
provides in particular for a Community system of aid to
investments in agricultural holdings, or under Regulation
(EEC) No 866/90 ( [2] ), which institutes a Community
system of aid to investments in the processing and
marketing of agricultural products.

Under Regulation (EEC) No 797/85, the Member States
are responsible for day-to-day management in accordance
with the provisions they have adopted and which the
Commission has approved.

Under Regulation (EEC) No 866/90, all applications for
Community aid must be forwarded to the Commission by
the competent national administrations, which are to
make an initial selection of investments to be included in

an operational programme. Such investments must in
particular form part of a sectoral plan submitted by the
national authorities and a sectoral Community support
framework approved by the Commission. In addition,
investments must comply with the Community selection
criteria laid down in Decision 90/342/EEC of 7 June
1990 ( [3] ). To date the Commission has received no sectoral
plan for the milk sector from the Belgian authorities.

(') OJ No L 93, 30. 3. 1985.
O OJ No L 91,9. 4.1990.
O OJNoL 163,26.6.1990.

WRITTEN QUESTION No 1067/91

by Mr Francesco Speroni (ARC)

to the Commission of the European Communities

_(29 May 1991)_

(91/C 286/45)

_Subject:_ Measures to bring Italian^Act No 64/86 into line
with Community law

In answer to Written Question No 365/91 (') on bringing
the Italian Act No 64/86 into line with Community Law,

the Commission indicated that it had received the text of

an amendment intended to end the infringement of
Article 30 of the Treaty. Three similar bills have been
tabled for this purpose to the Italian Parliament, which is
the only institution competent to consider amendments to
Act No 64, on the initiative of the Valle d'Aosta and the
Lombardy regional councils and Senator Bossi. The first
two have not yet been considered by the competent
committees and the third has been rejected by the
Parliamentary Committee on the Monitoring of
Measures in the Mezzogiorno. The rapporteur, Mr
Tagliamonte, refused to accept that the ruling handed
down by the Court of Justice on 20 March 1990 obliged
the Italian Government to amend Article 17(16) and (17)
of Act No 64/86.

As a result:

— the Italian Government has not submitted the relevant

bills to Parliament,

— the non-government bills have either not yet been
considered or have been rejected.

1. Which were the Italian authorities referred to in the

answer to the previous written question which
'unconditionally accepted the need to amend the
current legislation'.

2. In what context and in what form was this approval
given?

3. What view does the Commission take of the opinion
delivered by the Parliamentary Committee on the
Monitoring of Measures in the Mezzogiorno?

4. What is the text of the amendment to Act 64/86,
which is intended to end infringements of Article 30
of the Treaty referred to in the answer to the previous
question?

5. What stage has been reached with this amendment ?

O OJ No CI 64,24.6.1991, p. _17._

Answer given by Mr Bangemann
on behalf of the Commission

_(2 July 1991)_

The Commission can merely confirm the information
already given in its answer to Written Question
No 365/91 by the Honourable Member.

In the context of correspondence exchanged between the
Commission's departments and the competent Italian
authorities, the Commission has received the text of a bill
amending Act No 64 of 1 March 1986 with regard to
special measures to assist the Mezzogiorno. The bill seeks
to eliminate the incompatibility with Article 30 of the
EEC Treaty of the provisions contained in paragraphs 16
and 17 of the abovementioned Act establishing a system
of regional preferences in the field of public contracts.

4. 11. 91 Official Journal of the European Communities No C 286/25

The Commission recently contacted the Italian
authorities again, requesting them to adopt the necessary
legislative amendments as soon as possible.

The Commission reserves the right to initiate the
infringement procedure provided for in Article 169 of the
EEC Treaty.

WRITTEN QUESTION No 1109/91

by Mr Pierre Bernard-Reymond (PPE)

to the Commission of the European Communities

_(5_ _June 1991)_

(91/C 286/46)

_Subject:_ Aid to the rural areas of urban districts under the
programme for the development of rural areas

Given that the Hautes-Alpes department is fully eligible
for aid under the programme for the development of rural
areas, Objective 5b, can the Commission confirm that the
towns in this department are fully included for this
purpose and that, in particular, the rural areas of urban
districts are eligible for aid for improvement and
development projects?

Answer given by Mr Mac Sharry

on behalf of the Commission

_(9 July 1991)_

The Commission can confirm to the Honourable Member

that all of the Hautes-Alpes department is eligible under
Objective 5(b) of the reform of the structural Funds,
including towns and their rural areas. However, the
Commission would like to point out that this aid is
granted as part of the measures defined and identified in
the operational programmes and that some of these
measures may be aimed at beneficiaries or geographical
areas determined on the basis of the nature of the

measures. For example, in the operational programme for
the region Provence-Alpes-Cote d'Azur, the measure on
improving rural infrastructures is restricted to communes
with less than 2 000 inhabitants, to the rural areas of
communes with 2 000 to 5 000 inhabitants and to

individual farm equipment.

WRITTEN QUESTION No 1111/91

by Mr Adrien Zeller (PPE)

to the Commission of the European Communities

_(5_ _June 1991)_

(91/C 286/47)

_Subject:_ Applicability of Community legislation outside
Community territorial waters

Can the Commission confirm, and on what evidence, that
Community legislation, particularly on social matters, is

applied outside the territorial waters of Community
Member States, particularly in the 'exclusive economic
zones' for instance as regards oil-drilling rigs, and that
account is taken of the penalties imposed for
non-application of certain provisions?

Can the Commission say what is the opinion, if any, of
the European Court of Justice on this matter?

Answer given by Mr Delors
on behalf of the Commission

_(19 July 1991)_

As the Commission had occasion to point out in its answer
to Written Question No 2315/90 ('), Community law
applies to the European as well as certain non-European
territories of the Member States subject, in the latter case,
to the exceptions or possible exemptions provided for by
Article 227 of the EEC Treaty and the Acts of Accession.
Consequently the territory to which the Treaty applies is
determined by the land and sea frontiers of the Member
States.

As regards sea frontiers, the 12-mile territorial waters are
an integral part of the territory of the Member States.
Furthermore, coastal States enjoy sovereign rights as
regards the economic exploitation of the continental shelf
and the 200-mile exclusive economic zone. Community
law thus applies to activities engaged in by the Member
States in these zones provided they fall within the scope of
the Treaty.

This applies in particular to all Community rules and
regulations in the social field unless there are specific
provisions to the contrary. Such provisions could be
envisaged only in the event of special treatment being
justified on the grounds of objective differences in
situation.

With the exception of the special case referred to in the
second paragraph of Article 228 (1) of the EEC Treaty,
which applies in the event of doubt as to the compatibility
of an envisaged agreement with the provisions of the
Treaty, the Court of Justice may not be asked for an
opinion. The Commission is not therefore in a position to
answer the last part of the Honourable Member's
question. However, it is able to inform him that in the
case of fisheries the Court's rulings clearly confirm the
application of Community law to all areas falling within
the jurisdiction of the Member States (e.g. case C-9/89
Spain v. Council [1990] ECR1-1383).

O OJNoC 107,22.4.1991.

No C 286/26 Official Journal of the European Communities 4. 11. 91

WRITTEN QUESTION No 1164/91

by Mr Maxime Verhagen (PPE)

to the Commission of the European Communities

_(5 June 1991)_

(91/C 286/48)

_Subject:_ Cholera epidemic in Peru

1. Does the Commission consider that the cholera

epidemic in Peru constitutes a serious danger to Latin
America and Central America as a whole?

2. What contribution has been made by the EC to
combating the epidemic?

3. What long-term structural measures will be taken to
combat cholera and prevent future outbreaks of the
epidemic as part of the development policy in respect of
Latin America and Asia?

Answer given by Mr Matutes
on behalf of the Commission

_(7 August 1991)_

1. The Commission shares the Honourable Member's

concern about the cholera epidemic in Peru. Cholera
quite clearly has spread across Peru's frontiers. We must
hope that the measures taken by neighbouring countries,
parts of which are affected by the epidemic, will restrict
contamination to the border regions.

2. Three Commission grants of ECU 500 000 to
cholera victims have already been implemented. A further
ECU 500 000 was granted on 2 May to a group of
countries requesting aid as a consequence of cholera.

3. Drinking water and sanitation problems are
undoubtedly the principal causes of the spread of the
epidemic.

The scale of these problems is such that they cannot be
resolved by official development assistance. Their
medium- and long-term solution is a matter for the rural
and urban communities concerned. The Community and
its Member States are backing their efforts through the
infrastructure component so often found in financial and
technical cooperation projects and programmes.

As for 'post-cholera' direct aid from the 'disaster' reserves
of Article 73010 of the budget, the Commission is
currently considering, in consultation with other
international organizations, whether to undertake a
public-health operation involving health care units,
training and education. A grant of ECU 400 000 has
already been made to the Pan-American Health
Organization.

WRITTEN QUESTION No 1188/91

by Mr Llewellyn Smith (S)

to the Commission of the European Communities

_(5 June 1991)_

(91/C 286/49)

_Subject:_ Harmonization of surveillance of microbiological contamination

What steps does the Commission propose to make in
relation to the surveillance of the microbiological
contamination of food, so that data and research can be
interpreted in a coordinated fashion?

Answer given by Mr Bangemann
on behalf of the Commission

_(17 July 1991)_

Article 14 of Council Directive 89/397/EEC (') on the
official control of foodstuffs obliges the Member States
to send to the Commission each year information on the
inspection programmes carried out during the previous
year by the competent authorities. This information
which is used by the Commission to make a
recommendation for a coordinated control programme
for the coming year will contain data on the
microbiological contamination of food.

The Commission will make sure, in consultation with the
Member States, that these data are coherent and mutually
comparable so that they can be interpreted in a
coordinated fashion.

O OJNoL 186,30.6.1989.

WRITTEN QUESTION No 1196/91

by Mr Willem van Velzen (S)

to the Commission of the European Communities

_(5 June 1991)_

(91/C 286/50)

_Subject:_ Increased pension premiums

Is the Commission aware that the Barber ruling of 17 May
1990 on equal pension rights for men and women means
that pension premiums in the Netherlands will have to be
increased by between 400 and 2 000 million guilders,
according to how far transitional arrangements are
adhered to. The one-off cost of applying equal treatment
to all pension schemes negotiated after 1976 could be
anything from 70 to 120 billion guilders.

4. 11. 91 Official Journal of the European Communities No C 286/27

Will the Commission consider adopting measures having
retrospective effect to moderate the impact of the Barber
ruling?

Answer given by Mrs Papandreou
on behalf of the Commission

_(17 July 1991)_

The judgment handed down by the Court of Justice on 17
May 1990 merely confirms its earlier rulings in Case
80/70 Defrenne v. Belgian State (*) and Case 170/84
Bilka-Kaufhaus v. Weber ( [2] ) on the interpretation of
Article 119 of the EEC Treaty and its application to
occupational social security schemes.

Aware of the financial implications of its 1990 judgment
the Court makes it clear in ground 44 that overriding
considerations of legal certainty preclude legal situations
which have exhausted all their effects in the past from
being called in question where that might upset
retroactively the financial balance of many contracted-out
pension schemes.

As regards the implications of the judgment in terms of
timing the Commission would point out that reference
was made under Article 177 of the Treaty by order of the
Bonn Industrial Tribunal of 14 February 1990 for a
preliminary ruling in Case 110/91 Michael Moroni v.
Collo GmbH clarifying the date from which the Barber
ruling actually takes effect and the degree of retroactivity.

In any event, since Article 119 is directly applicable and
can therefore be invoked by anyone who so wishes in the
competent national courts, it is not legally possible to
restrict its scope in any way other than that indicated by
the Court in its Barber ruling. This applies to the
Commission just as it does to any other institution or

person.

(') [1971] ECR 445.
O [1986] ECR 1607.

WRITTEN QUESTION No 1206/91

by Mrs Anita Pollack (S)

to the Commission of the European Communities

_(11 June 1991)_

(91/C 286/51)

_Subject:_ Overfishing off Canada

What steps is the Commission taking to bring its fishing
vessels under control _so_ that its quota reductions will
result in real catch reductions off the east coast of

Canada?

Answer given by Mr Marin
on behalf of the Commission

_(29 July 1991)_

The Commission would refer the Honourable Member to

its answer to her Written Question No 901 /91 (').

( [l] ) See page 20 of this Official Journal.

WRITTEN QUESTION No 1222/91

by Mr Miquel Arias Canete (PPE)

to the Commission of the European Communities

_(11 June 1991)_

(91/C286/52)

_Subject:_ Implementation of the EEC-Seychelles Fisheries
Agreement

Given that the Fisheries Agreement between the
Community and the Seychelles laid down that its protocol
should remain in force for the period from 18 January
1990 and 17 January 1993 and given that over one year
has thus passed since the entry into force of the said
protocol:

1. To what degree has the protocol been implemented in
the case of the fishing opportunities provided for
(Tuna vessels) ?

2. Which Member States have obtained fishing licences
and in what number?

3. What results have been obtained from the scientific

programmes studying fish stocks in the Indian Ocean,
particularly in respect of highly migratory species, as
laid down in Article 3 of the said protocol?

4. Has there been any conflict in those waters involving
the Community fleet and if so how has it been
resolved ?

Answer given by Mr Marin
on behalf of the Commission

_(9 July 1991)_

1 and 2. The current protocol to the EEC/Seychelles
Fisheries Agreement provides fishing possibilities for 40
ocean-going tuna vessels. These possibilities have been
used as follows:

18.1.1990—17.1.1991:40 licences (20 France, 20 Spain)

18. 1. 1991-17. 1. 1992 : 38 licences (18 France, 20
Spain).

3. No information is yet available about the use which
has been made of the money which the Community is
required to pay under Article 3 of the Protocol.

No C 286/28 Official Journal of the European Communities 4. 11.91

4. One Community vessel has been fined for oil
pollution in Victoria Harbour.

WRITTEN QUESTION No 1236/91

by Mr Alain Marleix (RDE)

to the Commission of the European Communities

_(11 June 1991)_

(91/C 286/53)

_Subject:_ Promotion of electricity of nuclear origin

The proportion of electricity produced in the Community
from nuclear energy fell slightly in 1990 (35 % of the total,
compared with 36% the previous year) particularly in the
Federal Republic of Germany, the United Kingdom and
the Netherlands, according to a study carried out by the
Union of German Electricity Producers (VDEW).

Also according to this study the 591 billion kilowatt hours
of electricity of nuclear origin produced last year would
have required the consumption of 190 million tonnes of
coal in conventional power stations and have resulted in
the emission into the air of 590 000 tonnes of carbon

dioxide and 750 000 tonnes of sulphur dioxide.

Can the Commission say what the reasons are for this fall
in the production of nuclear-based electricity?

In view of the extremely strict safety standards, the lack of
pollution caused by nuclear energy, the resulting
environmental benefits and the need to increase the

Community's self-sufficiency in energy, does the
Commission not consider that a proper programme
should be set up to promote and increase awareness of
electricity produced from nuclear fuel?

Answer given by Mr Cardoso e Cunha
on behalf of the Commission

_(24 July 1991)_

It is true that the proportion of electricity produced from
nuclear energy fell slightly in 1990.

This was due in part to the fact that the overall demand
for electricity in the Community increased while, at the
same time, nuclear power stations as a whole had their
average availability factors reduced as a result of
shut-downs as part of ten-year inspection programmes
and steam generator repair programmes or definitive
shut-downs in some cases.

The Commission shares the Honourable Member's point
of view about the need for an effective programme.
Efforts have been made to this end for many years nowj

particularly concerning radiation protection, the
harmonization of the industrial standards applied, mutual
recognition of the safety principles adopted in the
Member States and factual information for the public
about the health risks of ionizing radiation. In addition,
the drafting of specifications likely to be accepted by all
electricity producers in the Community should facilitate
the coordinated development of investments and allay
public fears.

WRITTEN QUESTION No 1247/91

by Mr Gianfranco Amendola and
Mr Gerard Monnier-Besombes (V)

to the Commission of the European Communities

_(11_ _June 1991)_

(91/C 286/54)

_Subject:_ Export of certain chemical products which may
be used for the manufacture of weapons

Council Regulation (EEC) No 428/89 (*) states that
exports of the products listed in Annex I thereto shall be
subject to the issue by the competent authorities in the
Member States of a prior export authorization. However,
the Regulation does not provide for any form of
notification to the Commission or any form of
monitoring.

1. Has the Commission nevertheless been kept informed
of authorizations issued by the Member States ?

2. If so, what products have been exported by the various
Member States, to what countries and what
purchasers?

3. Does the Commission not consider that this

Regulation should be amended to provide for a
procedure for notifying the Commission and
introducing a Community monitoring system?

(') OJ No L 50,22. 2. 1989, p. 1.

Answer given by Mr Andriessen
on behalf of the Commission

_(30 July 1991)_

1 and 2. Export authorizations issued by Member
States.

Council Regulation (EEC) No 428/89 on the export of
certain chemical products does indeed make the export of
the chemical products listed in Annex I thereto

4. 11.91 Official Journal of the European Communities No C 286/29

conditional on a prior export authorization being issued
by a Member State. However, it makes no arrangements
for information to be communicated to the Commission

about Member States' acceptance or rejection of export
applications.

The Commission is therefore not kept informed of the
fate of such applications.

3. Proposal for a Regulation amending Council
Regulation (EEC) No 428/89 with a view to setting up a
procedure for notifying the Commission and putting in
place a Community monitoring system.

Realizing that progress had to be made in this particularly
sensitive matter the Commission proposed to the Council
in March 1990 that two key changes be made to the
Regulation, namely that the list of products be extended
and that additional administrative measures be

introduced.

Its proposal involves rules governing transit of the
products in question and the setting up of an information
system and a procedure to apply uniform technical criteria
to the granting or refusal of export licences.

The proposal still awaits the Council's approval. For its
part, the Commission is ready to do all that it can to
ensure that appreciable headway is made in this matter.

WRITTEN QUESTION No 1270/91

by Mr Yves Verwaerde (LDR)

to the Commission of the European Communities

_(14 June 1991)_

(91/C 286/55)

_Subject:_ Humanitarian aid to the civilian population of
Afghanistan

What measures were taken in 1990 and the first quarter of
1991 to provide humanitarian aid to Afghan civilian
refugees living in Pakistan or in areas controlled by the
resistance?

Answer given by Mr Matutes
on behalf of the Commission

_(9 August 1991)_

During 1990 and the first quarter of 1991 the Commission
has committed funds to the following humanitarian aid

activities in favour of Afghan refugees, in Pakistan and in
areas of Afghanistan under the control of the Resistance:

_(ECU)_

In addition, over the same period, the Commission has
donated the following food aid to the Afghan refugees:

Wheat 60 000 tonnes,
Butter oil 3 100 tonnes,
Vegetable oil 1 000 tonnes,
Skimmed milk powder 300 tonnes.

WRITTEN QUESTION No 1272/91

by Mr Yves Verwaerde (LDR)

to the Commission of the European Communities

_(14 June 1991)_

(91/C 286/56)

_Subject:_ Draft Directive permitting comparative
advertising

The French Parliament has recently adopted at first
reading a draft law on consumer protection, Article 10 of
which permits the practice of comparative advertising.

The Minister responsible for consumer affairs justifies
this provision on the grounds that French legislation must
be taken into account in the drafting of the final text of
the Directive authorizing this type of advertising.

How will the European institutions take account of the
new French legislation once it is adopted?

Afghan refugee and repatriation preparation

programme

Vocational training and income generation
project

Malaria control programme/laboratory
supervisory unit

Community Health Care for Afghan refugees in
Baluchistan

Establishment of a public health network in
Afghanistan

Education and sanitation programme

Health and nutrition programme

Emergency aid to flood victims in Afghanistan

500 000

600 000

500 000

640 000

2 000 000

3 000 000

3 000 000

400 000

No C 286/30 Official Journal of the European Communities 4. 11. 91

WRITTEN QUESTION No 1273/91

by Mr Yves Verwaerde (LDR)

to the Commission of the European Communities

_(14 June 1991)_

(91/C 286/57)

_Subject:_ Draft Directive permitting comparative
advertising

Will the forthcoming Directive permitting comparative
advertising take into account the problem of brand
protection?

The risk of comparative advertising is that it will enable
an unknown competitor, by juxtaposing his name with
that of a prestigious brand to benefit cheaply from that
brand's public image, acquired by the efforts of others.

Does the Commission therefore intend to prevent
comparative advertising leading to the devaluation of
brand names? This is a particularly sensitive issue since it
often affects companies which already suffer serious
problems with brand forgery.

Joint answer to Written Questions Nos 1272/91 and

1273/91

given by Mr Van Miert
on behalf of the Commission

_(19 July 1991)_

On 22 May 1991 the Commission adopted a proposal for
a Directive amending Directive 84/450/EEC in order to
legalize comparative advertising in all Member States ( [l] ).

In the explanatory memorandum to the proposal, the
Commission gave a run-down of the legal situation in the
Member States. It noted that France appeared to be
joining the ranks of those countries in which this type of
advertising is already authorized.

The explanatory memorandum to the proposal and the
recitals and articles themselves deal at length with the
question of whether comparative advertising which refers
explicitly to a competitor's trade mark or trade name for
the purposes of identification can be reconciled with the
exclusive right of the proprietor.

(') COM(91) 147 final.

WRITTEN QUESTION No 1548/91

by Mr Llewellyn Smith (S)

to the Commission of the European Communities

_(23 July 1991)_

(91/C 286/58)

_Subject:_ Article 88 of the Euratom Treaty

Will the Commission publish its plans for the
implementation of Article 88 of the Euratom Treaty on
the creation of a Special Fissile Materials Financial
Account; and what is the reason for the
non-implementation of the Article for the past 31 years?

Answer given by Mr Cardoso e Cunha
on behalf of the Commission

_(24 September 1991)_

The Commission would refer the Honourable Member to

the reply to the oral question H-l 18/88 by Mr Ford,
which it gave during question time at Parliament's July
1988 part-session (').

(') Debates of the European Parliament No 2-367 (July 1988).

WRITTEN QUESTION No 1634/91

by Mr Yves Verwaerde (LDR)

to the Commission of the European Communities

_(25 July 1991)_

(91/C 286/59)

_Subject:_ Community staff other than officials employed
in Commission directorates and services

Would the Commission state the precise number of
Community staff (other than officials) serving in its
directorates and services at 31 December 1990, giving a
breakdown by nationality?

Answer given by Mr Cardoso e Cunha
on behalf of the Commission

_(27 September 1991)_

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