Source: EURLEX
Language: en
Format: md

ISSN 0378-698 6
# Official Journal C 40

Volume 39

### of the European Communities

###### Information and Notices

English edition

12 February 1996

Notice No Contents p age

I Information

European Parliament

Written Questions with answer

96 / C 40 / 01 E-1704 / 95 by Sergio Ribeiro to the Commission
Subject : European Social Fund assistance to Portugal ( Banco Comercial Portugues and unequal
treatment ) ( Supplementary answer ) 1

96 / C 40 / 02 E-l 898 / 95 by Joaquin Sisó Cruellas to the Commission
Subject : Import of milk products containing milk from cows treated with BST 1

96 / C 40 / 03 E-l 973 / 95 by Alexandros Alavanos to the Commission
Subject : Energy problem on the island of Crete 2

96 / C 40 / 04 E-2002 / 95 by Peter Skinner to the Commission
Subject : Environmental impact assessment and the Channel Tunnel Rail Link 3

96 / C 40 / 05 E-2011 / 95 by Anita Pollack to the Commission
Subject : National lottery systems in the European Union 3

96 / C 40 / 06 E-2017 / 95 by Jessica Larive to the Commission
Subject : Eurosticker and indication of country of registration on registration plates 4

96 / C 40 / 07 E-2 117 / 95 by Riitta Myller to the Commission
Subject : Marking of industrial butter 4

96 / C 40 / 08 E-2122 / 95 by Undine-Uta Bloch von Blottnitz to the Commission
Subject : Disposal of European nuclear reactor fuel rods in the USA 5

96 / C 40 / 09 E-2146 / 95 by Ian White to the Commission
Subject : European plant-protection Directive ( 91 / 414 / EEC ) 5

96 / C 40 / 10 E-2163 / 95 by Alexandros Alavanos to the Commission
Subject : Continuation of the protected regions arrangements 6

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E-2 172 / 95 by Ursula Schleicher to the Commission
Subject : European water-pollution control and water supply policy 7

E-2 182 / 95 by Ursula Schleicher to the Commission
Subject : European water-pollution control / emission standards / quality objectives ( immission
standards ) 7

E-2204 / 95 by Ursula Schleicher to the Commission
Subject : European water-pollution control : Commission strategy 7

E-2205 / 95 by Ursula Schleicher to the Commission
Subject : European water protection : Fragmentation of EU legislation 8

Joint answer to Written Questions E-21 72 / 95, E-21 82 / 95, E-2204 / 95 and
E-220 5 / 95 8

E-2 179 / 95 by Ursula Schleicher to the Commission
Subject : European water-pollution control, pollution and screening 8

E-21 80 / 95 by Ursula Schleicher to the Commission
Subject : European water-pollution control, and pollution accounting 9

E-21 83 / 95 by Ursula Schleicher to the Commission
Subject : European water-pollution control / quality objectives / summary procedures 10

E-2 184 / 95 by Ursula Schleicher to the Commission
Subject : European water-pollution control — disparity between water-pollution control and
drinking-water monitoring measures 10

E-21 85 / 95 by Ursula Schleicher to the Commission
Subject : European water-pollution control — infringement of the standstill principle in the
drinking-water Directive 11

E-21 88 / 95 by Ursula Schleicher to the Commission
Subject : European water-pollution control — new, extreme approaches for a European policy on
water-pollution control 11

E-21 91 / 95 by Ursula Schleicher to the Commission
Subject : European water-pollution control — diluting of Directive ( 76 / 464 / EEC ) because of the
approach taken in the IPPC Directive 12

E-2193 / 95 by Ursula Schleicher to the Commission
Subject : European water-pollution control — uniform level of precaution provided by the BAT
standards 12

E-2198 / 95 by Ursula Schleicher to the Commission
Subject : European water-pollution control — monitoring programmes or reports on
implementation 13

E-2200 / 95 by Ursula Schleicher to the Commission
Subject : European water-pollution control : annual reports on drinking water 14

E-2201 / 95 by Ursula Schleicher to the Commission
Subject : European water-pollution control : Evaluation by the Commission of reporting
obligations 14

E-2202 / 95 by Ursula Schleicher to the Commission
Subject : European water-pollution control : Confidence-building measures in respect of
compulsory reports 15

Notice No Contents ( continued ) Page

96 / C 40 / 27 E-2203 / 95 by Ursula Schleicher to the Commission
Subject : European water-pollution control : 1997 report on transposing the water-protection
Directives 15

96 / C 40 / 28 E-2208 / 95 by Ursula Schleicher to the Commission

Subject : European water-pollution control : imprecise Directives 16

96 / C 40 / 29 E-220 9 / 95 by Ursula Schleicher to the Commission
Subject : European water-pollution control : Administrative requirements 16

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E-2212 / 95 by Ursula Schleicher to the Commission
Subject : European water-pollution control : Hold-ups caused by the IPPC Directive 17

E-22 13 / 95 by Ursula Schleicher to the Commission
Subject : European water-pollution control : Licensing procedures 17

E-2227 / 95 by Iñigo Mendez de Vigo to the Commission
Subject : Aids to the automobile industry 18

E-2232 / 95 by Carlos Robles Piquer to the Commission
Subject : The European Union and oil from the Caspian Sea 18

96 / C 40 / 34 E-2270 / 95 by Joan Colom i Naval, Anna Terrón i Cusí, Josep Verde i Aldea, Julio
Añoveros Trias de Bes, Juan Fabra Vallés, Concepció Ferrer, Carles-Alfred Gasòliba i
Böhm, Joan Vallvé and Antoni Gutiérrez Díaz to the Commission

Subject : Price of hazelnuts 19

96 / C 40 / 35

96 / C 40 / 36

E-2281 / 95 by Gerardo Fernández-Albor to the Commission
Subject : Establishment within the European Union of an Office for Maritime Affairs 19

E-2301 / 95 by Gerfried Gaigg to the Commission
Subject : Commission 's periods of payment 20

96 / C 40 / 37 E-2308 / 95 by Nuala Ahern to the Commission

Subject : List submissions under Article 36 Euratom Treaty 21

96 / C 40 / 38 E-23 13 / 95 by Jens-Peter Bonde to the Commission
Subject : Organic solvents for cleaning offset printers 21

96 / C 40 / 39 E-2320 / 95 by Jesús Cabezón Alonso and Juan Colino Salamanca to the
Commission

Subject : Illegal activities in Gibraltar 21

96 / C 40 / 40

96 / C 40 / 41

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E-233 5 / 95 by Jaak Vandemeulebroucke to the Commission
Subject : European Golf Youth Championship 22

E-2341 / 95 by Alexandros Alavanos to the Commission
Subject : Register of environmentally sensitive areas 22

E-2342 / 95 by Alexandros Alavanos to the Commission

Subject : Register of urban areas 23

96 / C 40 / 43 E-2343 / 95 by Alexandros Alavanos to the Commission
Subject : Register of farmland 23

96 / C 40 / 44 E-2344 / 95 by Alexandros Alavanos to the Commission
Subject : Completion of unfinished projects under section 6.1 of the Greek CSF environment
programme 23

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Notice No Contents ( continued ) Page

96 / C 40 / 45 E-2345 / 95 by Alexandros Alavanos to the Commission
Subject : Completion of unfinished projects under section 6.2 of the Greek CSF environment
programme 23

Joint answer to Written Questions E-2341 / 95 to E-2345 / 95 24

96 / C 40 / 46 E-2357 / 95 by Niels Kofoed, Jan Mulder and Timo Järvilahti to the Commission
Subject : Council Regulation ( EC ) No 2100 / 94 on Community plant variety rights 24

96 / C 40 / 47 E-2358 / 95 by Norman West to the Commission
Subject : European Coal and Steel Community Treaty 25

96 / C 40 / 48 E-2373 / 95 by Karl Schweitzer to the Commission
Subject : 1996 budget estimates for ' International environment ': cooperation in the field of nuclear
safety with the countries of central and eastern Europe and the Commonwealth of Independent
States of the former Soviet Union 26

96 / C 40 / 49 E-2381 / 95 by Glyn Ford to the Commission
Subject : Overbooking of non-scheduled airline flights 26

96 / C 40 / 50 E-238 5 / 95 by Mark Watts to the Commission
Subject : Seal culling in the White Sea 27

96 / C 40 / 51 E-2404 / 95 by Marjatta Stenius-Kaukonen to the Commission
Subject : Age limits for the recruitment of European Union officials 27

96 / C 40 / 52 E-2409 / 95 by Alexandros Alavanos to the Commission
Subject : Environmental protection measures following the forest fires in Attica 28

96 / C 40 / 53 E-24 12 / 95 by Caroline Jackson to the Commission
Subject : Directive 78 / 176 / EEC on waste from the titanium dioxide industry 29

96 / C 40 / 54 E-2425 / 95 by Alex Smith to the Commission
Subject : Radiological leakage in the Atlantic 29

96 / C 40 / 55 E-2440 / 95 by Alexandros Alavanos to the Commission
Subject : Problems regarding the concentration of fish farms in Astakos 30

96 / C 40 / 56 E-2445 / 95 by Bartho Pronk to the Commission
Subject : Discrimination arising from translation costs in connection with invitations to tender 30

96 / C 40 / 57 E-2457 / 95 by Ian White to the Commission
Subject : Recognition of driving qualifications 31

96 / C 40 / 58 E-2463 / 95 by Wolfgang Kreissl-Dörfler and Magda Aelvoet to the Commission
Subject : Use of funds from the Chaco / Paraguay EU development aid project ( ALA / 93 / 40 ) .... 31

96 / C 40 / 59 E-2488 / 95 by Bartho Pronk to the Commission
Subject : Pedestrians ' Charter 32

96 / C 40 / 60 E-2515 / 95 by Michl Ebner to the Commission
Subject : Ban on nazi and fascist insignia and symbols 33

96 / C 40 / 61 E-25 19 / 95 by Yannos Kranidiotis to the Commission
Subject : Illegal exports from occupied Cypriot territory 33

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E-2521 / 95 by Robert Sturdy to the Commission
Subject : Income aids for hop producers 34

E-2524 / 95 by Elly Plooij-van Gorsel to the Commission
Subject : European navigation licence for high-speed self-propelled water vehicles 35

E-2525 / 95 by Elly Plooij-van Gorsel to the Commission
Subject : Noise nuisance caused by water-scooters 35

E-2545 / 95 by Wolfgang Kreissl-Dorfler to the Commission

Subject : European Union projects in Guatemala since 1993 35

E-2548 / 95 by Liam Hyland to the Commission
Subject : Privately owned ports . 37

E-2553 / 95 by Christian Rovsing to the Commission
Subject : Proposal for a Directive on the quality of drinking water 37

96 / C 40 / 68 E-2554 / 95 by Kenneth Coates to the Commission

Subject : Objective 2 status : Unemployment statistics 38

96 / C 40 / 69

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E-2564 / 95 by Richard Howitt to the Commission
Subject : Telematics programme — application from DeBell Information, Essex 38

E-2571 / 95 by James Provan to the Commission
Subject : Use of GB plates in continental Europe 39

96 / C 40 / 71 E-2574 / 95 by Mary Banotti to the Commission

Subject : Tobacco and health 39

96 / C 40 / 72

96 / C 40 / 73

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E-2593 / 95 by Cristiana Muscardini and Marco Cellai to the Commission
Subject : Customs formalities linked to the operator 's place of business 40

P-2595 / 95 by Joan Colom i Naval to the Commission
Subject : Sale of humanized milk 40

E-2598 / 95 by Jiirgen Schroder to the Commission
Subject : Transposition of EU legislation in the Free State of Saxony 41

96 / C 40 / 75 E-2601 / 95 by Jesús Cabezón Alonso and Juan Colino Salamanca to the
Commission

Subject : Monitoring of fishery imports from Morocco 42

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E-26 12 / 95 by Michl Ebner to the Commission
Subject : Inclusion of the European flag in the design of national licence plates 42

E-2626 / 95 by Marie-Paule Kestelijn-Sierens and Jan Mulder to the Commission
Subject : Spanish transport subsidies for tomatoes from the Canary Islands 43

E-2634 / 95 by Stephen Hughes to the Commission
Subject : Resources devoted to work in the field of health, safety and hygiene 43

E-263 5 / 95 by David Thomas to the Commission
Subject : Nuclear testing by the French Government 43

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E-2669 / 95 by Wolfgang Kreissl-Dörfler to the Commission
Subject : Committee on Trade and the Environment 43

E-2688 / 95 by Jose Valverde Lopez to the Commission
Subject : Incorporation into Spanish law of the Directive on consumer credit 45

E-2690 / 95 by Jose Valverde Lopez to the Commission
Subject : Incorporation into Spanish law of the Directive on package travel, package holidays and
package tours 45

E-2693 / 95 by Jose Valverde Lopez to the Commission
Subject : Incorporation into Spanish law of the Directive concerning urban waste-water
treatment 45

P-2744 / 95 by Nikitas Kaklamanis to the Commission
Subject : Advance payments of aid for cotton 45

96 / C 40 / 85 E-2751 / 95 by Jesús Cabezón Alonso and Juan Colino Salamanca to the
Commission

Subject : Exports of polypropylene bags and fabrics from Turkey 46

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E-2756 / 95 by Johanna Maij-Weggen to the Commission
Subject : Electricity supply in Kalebaskreek indian village in Surinam 47

E-2757 / 95 by Johanna Maij-Weggen to the Commission
Subject : Relations between the EU and Cuba 47

E-2760 / 95 by Johanna Maij-Weggen to the Commission
Subject : Report by the European Court of Auditors on Stabex 48

P-2761 / 95 by Hugh McMahon to the Commission
Subject : Skye Bridge in breach of EU rules on competition policy 48

E-2774 / 95 by Joaquin Sisó Cruellas to the Commission
Subject : Abolition of restrictions on the import of Chinese non-textile products 48

P-2780 / 95 by Nel van Dijk to the Commission
Subject : New Dutch leaching limits for nitrogen and phosphate from manure 49

P-2781 / 95 by Pedro Aparicio Sanchez to the Commission

Subject : Illegal exports of waste 49

P-2782 / 95 by Lissy Gröner to the Commission
Subject : Safety standards at the Brussels II European School, Woluwe 50

P-2788 / 95 by Glyn Ford to the Commission
Subject : Protection of great apes 51

E-2808 / 95 by Salvador Garriga Polledo to the Commission
Subject : 1996 Budget — Community subsidies 52

P-28 18 / 95 by Karl Schweitzer to the Commission
Subject : Austria 's objections to the ' Green List ' 52

E-2820 / 95 by Pierre Bernard-Reymond to the Commission
Subject : Application of Directive of 30 November 1989 relating to safety at the workplace . . 53

( Continued on inside back cover )

Notice No Contents ( continued ) Page

96 / C 40 / 98 E-282 7 / 95 by Lyndon Harrison to the Commission
Subject : Unfair terms in consumer contracts Regulations 1994 53

96 / C 40 / 99 P-2830 / 95 by Hedy d'Ancona to the Commission
Subject : Language regime during the Spanish Presidency 54

96 / C 40 / 100 E-2842 / 95 by Stephen Hughes to the Commission
Subject : Advisors to the Commission on the preparation of White Paper on education and
training 55

96 / C 40 / 101 E-28 59 / 95 by Joaquin Sisó Cruellas to the Commission
Subject : World Alzheimer's Day 55

96 / C 40 / 102 E-2900 / 95 by Salvador Garriga Polledo to the Commission
Subject : 1989 — 1993 Structural Funds 55

96 / C 40 / 103 E-298 6 / 95 by Irene Crepaz to the Commission
Subject : Detailed list of total funds which ( in programmes specific to women and within other
programmes and initiatives ) are being allocated to the promotion of women 56

96 / C 40 / 104 E-298 9 / 95 by Alexandros Alavanos to the Commission
Subject : Lack of transparency with regard to banking services in Greece 56

96 / C 40 / 105 E-3008 / 95 by Amedeo Amadeo to the Commission
Subject : Pesticides in agriculture 57

96 / C 40 / 106 E-3071 / 95 by Amedeo Amadeo to the Commission
Subject : Funds for Lombardy, Piedmont, Liguria and the Aosta Valley 57

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12 . 2 . 96 1 EN | Official Journal of the European Communities No C 40 / 1

I

( Information )

EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION E-l 704 / 95

by Sérgio Ribeiro ( GUE / NGL )

to the Commission

( 21 June 199S )

( 96 / C 40 / 01 )

Subject : European Social Fund assistance to Portugal

( Banco Comercial Português and unequal
treatment )

Further to Question E - 1703 / 95 on the same subject, one of
the companies to have received funds for training is the
Banco Comercial Portugues .

On account of its recruitment policy, which manifestly
discriminates against women workers, this company has
given rise to heated protests, in Parliament 's Committee on
Petitions, among other quarters, and investigations by
judicial authorities .

Given that Community funds have been provided, would it
not be appropriate to take the opportunity to ensure that
infringements of policies recognized to be the hallmark of or
inspired by the Community, as is the case with equal
treatment, are brought to an end ?

Supplementary answer given by Mr Flynn

on behalf of the Commission

( 20 November 1995 )

In its letter of 16 June 1995 the Commission requested
clarification from the Portuguese authorities on the
procedures adopted in deciding on the allocation of training
funds so as to ensure that the principle of equal
opportunities is respected .

On 2 October 1995 the Portuguese authorities informed the
Commission that work in the domain of promoting equal
opportunities was progressing in line with the specified
timetable .

After mid-October a report will be provided detailing the
shortcomings detected in this domain as well as
recommendations for improvements . This report will be
provided to the Commission at the latest at the meeting of
the Monitoring Committee of the operational programme
' Vocational training and employment ' scheduled for
November .

WRITTEN QUESTION E-l 898 / 95

by Joaquín Sisó Cruellas ( PPE )

to the Commission

(3 July 1995 )

( 96 / C 40 / 02 )

Subject : Import of milk products containing milk from

cows treated with BST

On 20 December 1994 the Council of Ministers of the
EU adopted Decision 94 / 936 / EC ( J ) amending Decision
90 / 218 / EEC ( 2 ) concerning the placing on the market and
administration of bovine somatotrophin ( BST ). This
Decision maintains the ban on authorizing the placing on
the market and administration of BST until 31 December

1999 and authorizes the Member States to carry out
practical tests on the use of BST . Before July 1998, the
Commission is to submit a report to the Council on the
conclusions of the studies carried out so that more

information is available when a definitive decision is

taken .

No C 40 / 2 EN Official Journal of the European Communities 12 . 2 . 96

Answer given by Mr Papoutsis

Bearing in mind the position taken by the European Union Answer given by Mr Papoutsis
as outlined above and given that it will be difficult to hinder on behalf of the Commission
or prevent the entry of milk products from third countries ( 19 October 1995 )
containing milk from cows treated with BST, how is this
problem to be resolved ?

( 19 October 1995 )

(!) OJ No L 366, 31 . 12 . 1994, p . 19 .

( 2 ) OJ No L 116, 8 . 5 . 1990, p . 27 .

Answer given by Mr Fischler
on behalf of the Commission

(9 October 1995 )

The Council Decision does not impose barriers to the import
into the Community of dairy products from those countries
where the use of BST is authorised .

WRITTEN QUESTION E-l 973 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

(8 July 1995 )

( 96 / C 40 / 03 )

Subject : Energy problem on the island of Crete

The energy problem on the island of Crete is a significant
constraint on the island 's development . Energy
consumption and the shortfall in supply are constantly
rising, especially during the summer months .

The Greek Electricity Board appears to be pursuing
short-term solutions and is considering expanding its plant
located in a residential area only 3 km from Chania town

centre .

Given that there is a need for long-term solutions to Crete 's
energy problem and that the inhabitants of Chania are
justifiably concerned about further pollution, will the
Commission say :

1 . whether an environmental impact assessment has been
carried out pursuant to Directive ( 85 / 337 / EEC ) ( J ) on
the expansion of the electricity generating plant at
Chania ? Why has it not been forwarded to the local
authorities ?

2 . what long-term investment it is considering in
collaboration with the Greek Government to resolve the

island 's acute energy problem ?

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

1 . Environmental impact assessments of public or
private projects are not addressed to the Commission . As the
extension of an electricity generating plant is a modification
of a project belonging to the classes listed in Annex I to
Directive ( 85 / 337 / EEC ), an assessment is required only
where the Member States consider that their characteristics

demand this . The Commission suggests that the
Honourable Member contact the Greek authorities .

2 . As regards long-term energy investments, the
Commission has co-funded the first wind park in Crete

( Valoren Programme, ERDF 1989 — 1993 ), thus launching
the harnessing of this important energy potential for the
island, and various demonstration projects on the
utilization of renewable energies .

Generally, it is clear from Commission studies that, in the
case of island energy systems, harnessing all energy
resources available locally ( wind, solar, biomass,
mini-hydro, others ), coupled with a strategy for cutting
consumption and saving energy, is the right way to solve or
at least reduce the problem of rapid growth in energy
consumption .

Electricity generation from wind power and the utilization
of other renewable energy sources and energy saving
measures in Crete may be eligible for funding by the
Commission if projects of this type are proposed and
approved under the current operational energy programme

( ERDF 1994 — 1999 ), which will shortly be launched under
the Community support framework for Greece .

There are other solutions which could also be

considered :

— connection by electricity cable to the Peloponnese

grid ;

— construction of a natural-gas fired power station ( i.e. less

polluting ) and natural gas reception and distribution
infrastructures .

What measures are to be taken to overcome Crete 's energy
problems are a matter for the Greek Government . The
Commission could provide funding if a specific project
proposal is eligible under existing Community

programmes .

12 . 2 . 96 EN Official Journal of the European Communities No C 40 / 3

WRITTEN QUESTION E-2002 / 95 which has not yet been adopted by the United Kingdom

by Peter Skinner ( PSE ) Parliament .

to the Commission

(8 July 1995 ) Article 1 ( 5 ) of Directive ( 85 / 337 / EEC ) provides that the

( 96 / C 40 / 04 ) Directive does not apply to projects adopted by a specific act

of national legislation . Once the bill has been adopted, the
Commission will examine it to verify whether the
Subject : Environmental impact assessment and the requirements of Article 1 paragraph 5 of the Directive are
Channel Tunnel Rail Link
met .

Has the UK Government completed an environmental
impact assessment under the terms of Directive
( 85 / 337 / EEC ) ( ] ) and notified the Commission of the results
of its environmental assessments for the Channel Tunnel

Rail Link ? If not, can the Commission please justify this
shortcoming and explain why any national provisions have
not taken into account the provisions of the EIA Directive ?
If an EIA has been prepared under the terms of Directive

( 85 / 337 / EEC ), or if equivalent national provision has been
applied, is the Commission satisfied that all the information
referred to in Annex III of the EIA Directive ( 85 / 337 / EEC )
has been correctly provided ?

WRITTEN QUESTION E-2011 / 95

by Anita Pollack ( PSE )

to the Commission

(8 July 1995 )

( 96 / C 40 / 05 )
Considered that :

— the environmental assessments by the United Kingdom

Government and British Rail were carried out on

maximum train speeds of 146 mph and not the
maximum possible train speed on the Channel Tunnel
Rail Link which will be 186 mph ;

— 30 toxic waste dumps have been discovered along the

length of the Channel Tunnel Rail Link, of which many
contain asbestos for which there exists no safe way of
handling it once it has been buried, and that many of
these waste dumps will be disturbed or will have to be
removed during the construction of the Channel Tunnel
Rail Link ;

— there is an inaccuracy in the route submitted for

assessment by the UK Government which means that
instead of passing through the outskirts of a ' Site of
Special Scientific Interest ', Ashenbank wood in Kent

( which is the subject of a petition to the European
Parliament ), the route, in fact, goes throught the
middle,

is the Commission entirely convinced that the information
in the above-mentioned Annex III and the rest of the EIA

Directive has been provided and that the provisions of the
EIA Directive have been complied with ? If, as I believe, this
is not the case, can the Commission specify what action it
will take to ensure that the provisions of the EIA Directive
are fully applied by the UK Government ?

Subject : National lottery systems in the European Union

Does the Commission have any comparable data on
National Lottery systems within the European Union, how
they are run, the percentage of takings to winners and what
the profits are used for ?

Answer given by Mr Monti
on behalf of the Commission

(8 September 1995 )

In June 1991, the Commission published a study called
' Gambling in the single market — A study of the current
legal and market situation '.

EIA Directive have been complied with ? If, as I believe, this This document, which contains general information and
is not the case, can the Commission specify what action it statistics on gambling within the Community, also covers
will take to ensure that the provisions of the EIA Directive lotteries . The matters raised by the Honourable Member are
are fully applied by the UK Government ? dealt with, first by giving a global overview of the

Community market of the then 12 Member States and
(') OJ No L 175, 5 . 7 . 1985, p . 40 . secondly, by providing an analysis of the individual
situation of each of the Member States .

Answer given by Mrs Bjerregaard This study, which is contained in three volumes, is available

on behalf of the Commission
from the Office for Official Publications of the European
( 21 September 1995 ) Communities .

The United Kingdom Government has not sent to the
Commission a copy of the Channel Tunnel rail link bill

No C 40 / 4 EN Official Journal of the European Communities 12 . 2 . 96

WRITTEN QUESTION E-2017 / 95

by Jessica Larive ( ELDR )

to the Commission

(8 July 1995 )

( 96 / C 40 / 06 )

Subject : Eurosticker and indication of country of
registration on registration plates

1 . Does the Commission support the proposal by the
Royal Dutch Touring Club ( ANWB ) ( 1 ) that a European
registration plate be introduced which indicates both
national and European citizenship ?

2 . Will the Commission convert its 1990 proposals
concerning harmonization of registration plates into a
directive or recommendation to Member States, at least as
regards the letters indicating country of registration and the
Eurosymbol on the licence plate ?

3 . Will the Commission seek an amendment to Article 37

of the Vienna Convention, which requires the country of
registration to be indicated on a separate sticker on vehicles
travelling outside their country of registration ?

(') In its brochure ' Waar komt die auto vandaan ?' of 15 December

1994 .

Answer given by Mr Kinnock

on behalf of the Commission

( 13 October 1995 )

1 . and 2 . The Honourable Member is referred to the

reply given by the Commission to Written Question
No 2574 / 92 from Mr Fernandez Albor ( J ).

3 . The first paragraph of Article 37 of the 1968 Vienna
Convention on road traffic states that ' every motor vehicle
in international traffic shall display at the rear, in addition to
its registration number, a distinguishing sign of the State in
which it is registered '. Point 3 of Annex 3 to this Convention
also says that the distinguishing sign must not be
incorporated in the registration number or affixed in such a
way that it can cause confusion with the registration number
or impair its legibility .

The Community model licence plate, as defined by a group
of government experts and since adopted on a voluntary
basis by Ireland, Portugal and Germany, provides for a
specific area to the left of the registration number which is
clearly distinguishable from the registration number . This
area contains the distinctive symbol of the Member State,
which, in theory, renders superfluous the use of a separate
oval sticker to indicate the country of registration .

In intra-Community traffic, therefore, Member States could
agree to acknowledge the distinctive sign as provided by the
Community model without requiring a separate sticker .

In extra-Community international traffic, however, this
would require an amendment to the provisions of the
Convention . This is a slow process which would have to be
requested by the signatory countries, given that the
Commission is not a Contracting Party to the Vienna
Convention .

The Commission is currently reviewing this problem in the
light of the principle of subsidiarity . An initiative should be
justified at Community level in order to provide a legal basis
for the use of a Community licence plate .

(') OJ No C 86, 26 . 3 . 1993 .

WRITTEN QUESTION E-2117 / 95

by Riitta Myller ( PSE )

to the Commission

( 19 July 1995 )

( 96 / C 40 / 07 )

Subject : Marking of industrial butter

As a general rule, butter products which are financed by
European Union agricultural subsidies must be marked . In
practice products are marked either with vanillin ( chemical
checks ) or carotene ( visual checks ). Cream products must
always be marked . Butter or butteroil must be marked
unless, for example, the buyer uses at least 5 tonnes of butter
per month, or 45 tonnes per year . This is why the majority of
small bakeries can only use marked butter . This marking
practice is inflexible and bureaucratic and restricts the use of
butter . On the basis of the older Member States ' experience,
it can be observed that the authorities do not in fact take

advantage of their monitoring powers .

As this form of monitoring is clearly irrational, does the

Commission intend to introduce more appropriate
monitoring methods ? Does the Commission consider the
addition of additives to butter products, solely for
monitoring purposes, to be justified ?

Answer given by Mr Fischler
on behalf of the Commission

(9 October 1995 )

Under Regulation ( EEC ) No 570 / 88 ( ) butter and butter
concentrate can be used in traced or untraced form for

incorporation into intermediary or final products . Less
detailed controls apply to traced products used by smaller

12 . 2 . 96 1 EN 1 Official Journal of the European Communities No C 40 / 5

operators . Past experience in Member States shows that
neither the tracing itself nor the execution of the control
requirements cause any difficulties and therefore the
Commission does not at present intend to modify the
Regulation on this point .

( 1 ) OJ No L 55, 1 . 3 . 1988 .

WRITTEN QUESTION E-2122 / 95
by Undine-Uta Bloch von Blottnitz ( V )

to the Commission

( 19 July 1995 )

( 96 / C 40 / 08 )

Subject : Disposal of European nuclear reactor fuel rods in

the USA

Following a decision by a court in Virginia there is no longer
any obstacle to the disposal at the Savannah River nuclear
plant in South Carolina of 151 burned spent uranium fuel
rods from research reactors in Greece, Germany and
Switzerland . The US Department of Energy is considering
disposing of about 2 400 fuel rods from Europe .

1 . What information does the Commission have about the

disposal of the 151 rods ?

2 . What information does the Commission have

concerning the American plans to dispose of some 2 400
rods from Europe ?

3 . From what countries and what plants will these rods be
supplied ?

4 . Over what period are these rods to be transported to the
USA ?

Answer given by Mr Papoutsis

on behalf of the Commission

( 19 October 1995 )

1 . According to the information available to the
Commission, only irradiated fuel rods from research
reactors in Greece and Switzerland will be transported to the
United States . It was not possible to include fuel rods from
the German reactor in the same consignment because the
American Department of Energy did not give the go ahead in
the time required by the operator .

2 . The Commission is following the preparation of the
draft environmental impact statement ( ] ) on the return to
the United States from research reactors in the whole world

of irradiated fuel rods containing uranium of American
origin . According to the information obtained from
American Government officials, this environmental impact
statement will be approved and a decision taken on the
policy to be followed before the end of the year .
Transportation of the irradiated fuel rods could thus resume
at the beginning of 1996 . However, new procedures before
the American courts could again delay the process .

3 . With regard to the Community, the irradiated fuel
rods in question come mainly from research reactors in
Belgium, Denmark, Germany, Greece, Spain, Italy, the
Netherlands, Austria, Portugal, Finland, Sweden and the
United Kingdom . The Honourable Member will find
more detailed information in the extract from the

abovementioned document which the Commission is

sending to her and to Parliament 's Secretariat .

4 . Under the American proposal, the fuel rods would be
transported during a period of 10 to 13 years from the date
of the decision .

(') DOE / EIS — 021 8D, March 1995 : proposed nuclear weapons

non-proliferation policy concerning foreign research reactor
spent nuclear fuel .

WRITTEN QUESTION E-2 146 / 95

by Ian White ( PSE )

to the Commission

( 19 July 1995 )

( 96 / C 40 / 09 )

Subject : European plant-protection Directive ( 91 / 414 /
EEC )

1 . During the drafting of the European plant-protection
Directive ( 91 / 414 / EEC ) (*), adjuvants were initially
included but have since been excluded . What is the intention

of the Commission regarding the inclusion of adjuvants ?

2 . If the Commission decides not to include adjuvants,
what steps will it take to ensure that the potential impact on
operator and public exposure has been fully evaluated ?

3 ., Will adjuvants be defined by ' what they are ' or ' what
they are called ' i.e. should there be a requirement to gain
adjuvant approval for any product which has an effect on a
pesticide 's properties, even if no claims are made on the
product 's label ?

4 . Will adjuvant approval require submission of data on
the potential operator exposure during application ? If so,

No C 40 / 6 EN Official Journal of the European Communities 12 . 2 . 96

will this define between high and low-volume application,
requiring seperate date for each ? If not, why not ?

5 . Will the Commission require additional data on
mixing partners ( pesticide or inert ) of products applied
through low-volume application equipment to ensure the
effect on operator exposure of mixing and supplying low
rates of concentrated materials are understood ?

6 . With regard to the drinking water Directive — what is
the possibility that the permitted levels of pesticide in
drinking water can be set on toxicological grounds during
the registration of actives for Annex 1 of the Council
Directive ( 91 / 414 / EEC )? If not, what effect does the
Commission feel this will have on providing a choice of
affordable products to the user whilst reducing the risk of
reliance on a few products which otherwise could result in
increased risk to water contamination from over-use ?

(') OJ No L 230, 19 . 8 . 1991, p . 1 .

Answer given by Mr Fischler
on behalf of the Commission

(6 October 1995 )

1 . to 5 . The Commission is of the opinion that adjuvants
or non-active substances should be adequately regulated to
ensure their use satisfies the requirement of safety for human
health and does not lead to unacceptable effects on the
environment . It has therefore started preparatory work on a
proposal for an amendment of Directive ( 91 / 414 / EEC )
aiming to include more specific provisions for adjuvants .
This work has not yet been finalized with regard to the
technical issues raised under 3, 4 and 5 . In the absence of
harmonized rules, Member States may, with due regard to
the basic provisions of the EC Treaty, develop or maintain
rules to ensure the abovementioned safety requirements on
their territory .

6 . The permitted levels of pesticides in drinking water are
contained in Council Directive ( 80 / 778 / EEC ) of 15 July
1980 relating to the quality of water intended for human
consumption ('). A Commission proposal to revise this
Directive ( 2 ) was forwarded to the Council on 28 April

1995 . The parametric value for individual pesticides in
Council Directive ( 80 / 778 / EEC ) is 0,1 ptg / 1, and the
Commission, not wishing to reduce the high level of health
protection afforded by the current Directive, has retained
this standard in its proposal .

The Commission is of the opinion that the availability of
plant protection products depends on many factors
including the application of Directive ( 91 / 414 / EEC )
concerning the placing of plant protection products on the
market . The proposed amendment of the drinking water
Directive should not have a significant effect on the

pesticides market as the parametric value remains
unchanged .

( 1 ) OJ No L 229, 30 . 8 . 1980 .

( 2 ) COM(94 ) 612 .

WRITTEN QUESTION E-2163 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

( 28 July 1995 )

( 96 / C 40 / 10 )

Subject : Continuation of the protected regions

arrangements

Italy, Greece and Corsica ( France ) have been exempted from
the general regime for the import of citrus fruits by being
designated protected regions, until 30 June 1995 . Have
there been applications from the countries in question for
the continuation of these arrangements after that date, in
view of the grave consequences of opening the door to
imports to the producer areas, which are of course
less-developed and problem-stricken regions ?

Answer given by Mr Fischler
on behalf of the Commission

( 17 October 1995 )

Commission Directive ( 92 / 76 / EEC ) of 6 October 1992 gave
provisional recognition to protected areas of the
Community exposed to special plant health dangers (*) until
the end of 1994 . This was extended until 30 June this year by
Commission Directive ( 94 / 61 / EC ) of 15 December 1994 ( 2 )
in order to :

— enable Member States to devise a surveillance method

based on Community criteria, which would detect
whether the relevant harmful organisms were present or
not, and

— to enable this method to be monitored by experts

from the Community 's Office for Veterinary and
Plant-Health Inspection and Control .

An initial set of findings on the specific Member State
surveillance methods monitored by the Inspection Office
was assessed by the Commission 's standing plant health
committee in light of the WTO Agreement on Sanitary and
Phytosanitary Measures ( SPS ).

12 . 2 . 96 1 EN I Official Journal of the European Communities No C 40 / 7

The committee concluded that the ban on introduction of

citrus fruits into any part of the Community recognized as
protected areas should be maintained .

At this stage, the Commission plans to extend provisional
recognition of current protected areas until 31 March next
year in order to get a better idea of the spread of the
organisms and of the surveillance techniques being used,
before reviewing the status of each of the relevant areas .

( 1 ) OJ No L 305, 21 . 10 . 1992 .

( 2 ) OJ No L 330, 21 . 12 . 1994 .

WRITTEN QUESTION E-2 172 / 95

by Ursula Schleicher ( PPE )

to the Commission

( 28 July 1995 )

( 96 / C 40 / 11 )

Subject : European water-pollution control and water
supply policy

The recent flooding along the Rhine and Meuse and the
consequences of a prolonged drought in Spain clearly
illustrate that even in Europe people and their economic
activities are dependent on the natural hydrological balance
and environmental factors . Those affected are calling for a
European water supply system to deal with the risks of
drought and flooding, regardless of the need to recognize the
limitations of the hydrological balance .

1 . What should the role of a European water policy on

water catchment and river regulation be in providing
regional and supra-regional solutions for the problem of
water shortages and flooding ?

2 . What is the Commissiori 's position on a European water
licensing system and / or a European distribution
authority ?

that the Commission intends to give priority to the quality
objective approach . However, the setting of quality
requirements for water calls into question the need for
uniform emission standards in Europe . The wholesale
reversal of water protection policy which that implies runs
counter to the agreements concluded pursuant to the
international water protection conventions and, ultimately,
the approach embodied in the Directive on urban waste
water, in which minimum standards were agreed for
biological purification .

1 . Should the emission standards approach not at least
continue to apply to discharges of dangerous i.e. toxic,
bioaccumulable and persistent, substances, as laid down
in the international water-protection conventions and
the 1976 Directive ( 76 / 464 / EEC ) ( ] )?

2 . What justification does the Commission see for the shift

to the quality objective approach in the case of such
substances ?

3 . Are the proposed EU quality standards sufficiently
stringent to reduce the effects of pollution on waters,
sediments and fauna ?

4 . Given the proposed repeal of EU Directives

1 incorporating quality standards, such as the Directives

on the abstraction of drinking water, fishing waters and
shellfish waters, and the follow-on Directives to the
1976 Directive, what EU quality standards if any will
remain in order to make this approach effective ?

5 . What limits are there to the quality approach as regards

implementation and enforcement ?

6 . Should emission and immission-based approaches not
in fact be regarded as valid instruments and used in a
complementary fashion so as to achieve the highest
possible degree of water protection ?

(') OJ No L 129, 18 . 5 . 1976, p . 23 .

WRITTEN QUESTION E-2204 / 95

by Ursula Schleicher ( PPE )

to the Commission

( 28 July 1995 )

WRITTEN QUESTION E-2 182 / 95 ( 96 / C 40 / 13 )

by Ursula Schleicher ( PPE )

to the Commission

( 28 July 1995 )

( 96 / C 40 / 12 )

Subject : European water-pollution control / emission
standards / quality objectives ( immission
standards )

The new Directives, the IPPC and ecological water-quality
Directives, and the air-quality Directive, give the impression

Subject : European water-pollution control : Commission

strategy

In its tenth annual report to the European Parliament on
application of Community legislation ( x ), the Commission
complains that the Member States ' transpose a Directive via
a multitude of legal measures without correlating their
various components and the obligations flowing from
the Directive by diagrams, tables or whatever . It is often
very difficult for the Commission to ascertain whether
Community legislation has been properly transposed '.

No C 40 / 8 EN Official Journal of the European Communities 12 . 2 . 96

1 . Does the Commission not agree that the EU water
Directives in particular and the other provisions
concerning water are so badly structured and obscure
and, more importantly, ^ inconsistent that transposition
into national law is not without its problems ?

2 . Would it not therefore be appropriate, particularly at a
time when there are proposals to amend large parts of
water legislation and to re-define objectives, for the
Commission to use such ' diagrams and tables ' to show
what effect these objectives are supposed to have and
whether they are actually consistent within a general
strategy for water pollution control ?

other hand, because they are procedural in nature they
leave open, or put off to a future date, important
regulatory questions ?

2 . What priorities and measures does the Commission feel
are needed to make EU water legislation transparent, to
consolidate it and ultimately to simplify it in the light of
the Edinburgh criteria ?

3 . Does the Commission feel there is any justification for
leaving to the Member States the tasks of coordinating
and resolving contradictions in all the Regulations ?

4 . Does the Commission agree that there is a need for

3 . Does the Commission not agree that a consistent clearer guidelines for an EU policy on water in the form
strategy for protection of water is particularly necessary of an action programme or an overall strategy for
if the water Directives contain stipulations not only in Community measures ?
areas where the functioning of the Community within
the meaning of the Treaty is affected, but also encroach
on areas which are the responsibility of the Member
States, such as procedural matters ? Joint answer to Written Questions
E-2172 / 95, E-2 182 / 95, E-2204 / 95 and E-2205 / 95

(') OJ No C 233, 30 . 8 . 1993 . given by Mrs Bjerregaard
on behalf of the Commission

(6 November 1995 )

WRITTEN QUESTION E-2205 / 95

The issues raised in these four questions, together with many

Schleicher ( PPE ) of the issues raised in the other questions on water policy

Commission tabled by the Honourable Member, will be amongst those

addressed by the Commission in a planned communication

28 July 1995 )

to the Parliament and Council dealing with all aspects of
( 96 / C 40 / 14 ) water policy .

by Ursula Schleicher ( PPE )

to the Commission

( 28 July 1995 )

Subject : European water protection : Fragmentation of EU

legislation

The number of EU Directives on clean water and regulations
from other areas which have a major impact on water has
reached such proportions that even the Commission
appears no longer to have an overview .

My inquiries show that there are currently 26 water
Directives, six new proposals or proposals for amendments
and at least 10 Decisions concerning accession of the EU to
international conventions on the protection of water and the
obligations derived from such conventions . Then there are
the guidelines on the notification and evaluation of
dangerous chemicals, the horizontal EAI regulations, the
Seveso Directive, the eco-audit Regulation, rules on access
to environmental information and rules derived from EU

legislation on the authorization and use of plant
protectives .

1 . Does the Commission not agree that the new proposals
— on drinking water, bathing water, ecological quality
of water and the IPPC Directive — do not represent a
consolidation of Regulations on protection of water but
rather a fragmentation of relevant environmental
Regulations, since on the one hand the new proposals
seek to create new framework Regulations while, on the

WRITTEN QUESTION E-2 179 / 95

by Ursula Schleicher ( PPE )

to the Commission

( 28 July 1995 )

( 96 / C 40 / 15 )

Subject : European water-pollution control, pollution and

screening

Standard monitoring programmes are based on
conventional lists of parameters for pollutants and,
increasingly, micro-pollutants . Owing to Decision
( 77 / 795 / EEC ) C ) establishing a common procedure for the
exchange of information on the quality of surface fresh
water, the various follow-on Directives to framework
Directive on water ( 76 / 464 / EEC ( 2 )) and the quality
standards contained in the bathing water, fishing water and
shellfish water Directives, Community legislation has
created a resonably uniform measurement programme . At
the Conference for the Protection of the North Sea in 1990,
extensive lists were drawn up of pollutants which it is
proposing to control . Various studies carried out by the

12 . 2 . 96 EN Official Journal of the European Communities No C 40 / 9

Commission and the attempts to classify and assess the risks
posed by such substances have shown that little is known
about the actual pollution they cause . The necessary
information concerning their adverse effect on water
quality, sediments and aquatic fauna and flora are often not
available . The most complete data are available for the
Rhine, thanks to the work of the Commission for the
Protection of the Rhine, to which reference is frequently
made .

1 . Are the regular measurement programmes not simply
carried out after the event ?

2 . What action or studies does the Commission propose in

order to help improve knowledge of the pollution of our
waters ?

3 . What is the Commission 's position on screening to

record and gather evidence on water pollution and on
the establishment of a register of emissions to record
point-source water pollution ?

4 . Can it currently be ensured that relevant pollutants are
recorded in all Member States and that their impact on
the environment is known ?

5 . If not, does the Commission intend to ensure that this
will be the case in future ?

(') OJ No L 334, 24 . 12 . 1977, p . 29 .

( 2 ) OJ No L 129, 18 . 5 . 1976, p . 23 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

(7 November 1995 )

WRITTEN QUESTION E-2 180 / 95

by Ursula Schleicher ( PPE )

to the Commission

( 28 July 1995 )

( 96 / C 40 / 16 )

Subject : European water-pollution control, and pollution

accounting

At the third International Conference on the Protection of

the North Sea in 1990 it was decided to reduce pollution by
a number of substances by at least 50— 70% . The
International Commission on the Protection of the Rhine

has concluded that this objective cannot be met since, in the
Rhine basin, point-source inputs now account for only 40 %
of total pollution by various substances, 60 % of the
pollution coming from diffuse, especially agricultural,
sources . This conclusion is based partly on calculations and
estimates by the countries of the Rhine basin .

1 . Do Member States ' monitoring systems enable accounts
to be kept of discharged waste water or pollutants ?
What deficits, if any, are there ?

2 . Does the Commission agree that 60% of total water
pollution is due to pollution from diffuse sources,
particularly agriculture, and are existing measures ( e.g.
the nitrate Directive ) sufficient to reduce such
pollution ?

3 . What additional measures does it consider necessary at

Community level in order to reduce pollution from
diffuse sources ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

The establishment of a European polluting inventory is ( 26 October 1995 )
currently foreseen in the proposed integrated pollution
prevention and control ( IPPC ) Directive ( COM(93 )
423 ) (*), as amended by ( COM(95 ) 88 ) ( 2 ). The inventory
will cover not only point source pollution to water, but also 1 . There is no Community legislation requiring Member
air and soil . States to monitor in the way suggested by the Honourable

Member . Information on any such systems should be
obtained from the Member States concerned .

The existing water Directives put obligations on Member
States to implement and conduct monitoring programmes,
for the identification of the most relevant pollutants to
water . However, not all Member States make the results of
monitoring available in public registers . This fact is one of
the considerations forming the basis for setting up an
emissions inventory under the draft IPPC Directive .

2 . It is difficult to evaluate precisely the amount of water
pollution coming from diffuse sources but the Commission
considers that agriculture is responsable for a large amount
of the diffuse pollution, particularly of nitrates and
pesticides .

OJ No C 311, 17 . 11 . 1993 . According to the report by the European environment
OJ No C 165, 1 . 7 . 1995 . agency on the assessment of European rivers and lakes, the
elevated nitrate and pesticide concentrations seen in
European waters is significantly correlated to the percentage
of farmland in the river catchments .

No C 40 / 10 | EN | Official Journal of the European Communities 12 . 2 . 96

3 . The Commission does not envisage taking additional
measures before the requirements of the nitrates and plant
protection products Directives have been fully implemented
and enforced . However the proposal for an ecological
quality of water Directive (') will require additional
measures to be taken against sources of diffuse pollution
when existing measures are inadequate .

presence . The Commission does not advocate a total
reliance on ecological monitoring nor on quality objectives
more generally .

(') COM(93 ) 680 final — OJ No C 222, 10 . 8 . 1994 . WRITTEN QUESTION E-2 184 / 95

by Ursula Schleicher ( PPE )

to the Commission

( 28 July 1995 )

( 96 / C 40 / 18
WRITTEN QUESTION E-21 83 / 95

by Ursula Schleicher ( PPE )

to the Commission

( 28 July 1995 )

( 96 / C 40 / 17 )

Subject : European water-pollution control / quality
objectives / summary procedures

Advocates of the quality objective approach, and in
particular of the ecological assessment of water, assume that
such an approach improves the monitoring of the impact of
emissions as a whole .

1 . Are there clear and unambiguous links between
emissions of particular chemical substances and existing
ecological water quality classification systems ?

2 . What links exist between the quality objectives for

certain dangerous substances set out in Directive

( 76 / 464 / EEC ) ( ] ) and the objectives contained in the
ecological water-quality Directive with regard to
ecological quality capable of being measured on the
basis of biological criteria ?

3 . What experience has been gained in this field from the

activities of the international water protection
commissions ?

4 . Does support for the summary approach not run
counter to the requirement for monitoring of individual
substances set out in the IPPC and 1976 Directives ?

(') OJ No L 129, 18 . 5 . 1976, p . 23 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

(6 November 1995 )

Monitoring of the ecological quality of surface waters can
provide useful additional information on the overall toxicity
of any pollution and its impact over time . It can not,
however, totally replace monitoring for particular
individual pollutants when there is reason to suspect their

Subject : European water-pollution control — disparity

between water-pollution control and
drinking-water monitoring measures

The list of substances in the text amending the
drinking-water Directive contains a number of parameters
which are also included in list I in the 1976 Directive

( 76 / 464 / EEC (')). The new list also includes new substances
such as vinyl chloride and benzeric, however, which are no
longer included in the new IPPC proposal or in the draft text
amending the 1976 Directive .

Is it not essential that substances which are included in the

drinking-water Directive because they are obviously
relevant pollutants should also be incorporated into the lists
of substances in the other water Directives, so that, on a
precautionary basis, they can be monitored as regards
discharges into water ?

(') OJ No L 129, 18 . 5 . 1976, p . 23 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 26 October 1995 )

The purpose of the drinking-water Directive is to provide a
safe supply of drinking water — it is directed at protecting
human health . The water Directives such as Directive

( 76 / 464 / EEC ) have as their goal the protection of the
environment . On scientific and medical grounds it is
therefore natural to expect differences in what are
considered priority substances .

Depending on the possible source of the pollutants it may or
may not be relevant to monitor these in sources of raw
water . Thus, the occurrence of vinyl chloride in drinking
water may be due to the use of bad quality piping material . It
is therefore left to Member States to decide whether or not

they will monitor for some compounds in drinking-water

sources .

12 . 2 . 96 EN Official Journal of the European Communities No C 40 / 11

WRITTEN QUESTION E-2185 / 95

by Ursula Schleicher ( PPE )

to the Commission

( 28 July 1995 )

( 96 / C 40 / 19 )

Subject : European water-pollution control — infringement

of the standstill principle in the drinking-water
Directive

The text amending the drinking-water Directive proposes
considerable tightening up of the lists of parameters ; 25 of
the 62 parameters have been deleted on the ground that they
are not relevant to health . In the process, however, many
parameters have been deleted which are used for
early-warning purposes, which is particularly important
where water is supplied from sources which are not perfectly
in order . In fact, however, 11 new parameters / substances
have been included, most of which occur as disinfection
by-products in the treatment of polluted drinking water .
This would appear to indicate a measure of realism in the
new proposal . The fact remains, however, that those
parameters are irrelevant if disinfection is not necessary and
solvents are not likely to be used because the origin of the
drinking water is unpolluted .

1 . Can the cost of necessary treatment research procedures
be financed ?

2 . What are the consequences of the tightening up of the

list of parameters ?

3 . Are the authorization criteria under Annex VI to
Directive ( 91 / 414 / EEC ) (') concerning the placing of
plant protection products on the market sufficient to
prevent a further increase in the pollution of drinking
water through the use of protection products which are
hazardous to the aquatic environment ?

(') OJ No L 230, 19 . 8 . 1991, p . 1 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 26 October 1995 )

1 . According to the EC T reaty, it is for the Member States
to finance the measures of the environment policy, including
the costs of monitoring requirements .

In the proposal for a revision of the drinking-water
Directive (*) it is left to the discretion of the Member States
to decide which pollutants are likely to be present and
should therefore be monitored .

2 . The consequences of tightening up the list of
parameters in the proposal for a revised drinking-water
Directive is that there will be at least the same, and often an
enhanced level of protection of human health, over that
which exists under the current Directive . For small water

suppliers a study suggests that, for small supplies, there will
be a significant decrease in monitoring costs while there will
be an increase for large supplies .

3 . The Commission believes that the provisions of the
parametric value for pesticides in the proposal for a revised
drinking-water Directive, together with the authorization
criteria under Annex VI to Directive ( 91 / 414 / EEC ), will be
sufficient in the long term to prevent the further pollution of
drinking water by pesticides .

(') COM(94 ) 612 final .

WRITTEN QUESTION E-21 88 / 95

by Ursula Schleicher ( PPE )

to the Commission

( 28 July 1995 )

( 96 / C 40 / 20 )

Subject : European water-pollution control — new, extreme

approaches for a European policy on
water-pollution control

The current proposals for a IPPC Directive and the proposal
for a Council Directive on the ecological quality of water
represent two extremes with regard to deepening and
broadening the new EU policy on water .

Firstly, the proposed IPPC Directive develops conditional
authorization into an environmental ( emission ) licence
encompassing planning permission, operating permits and
emission authorization . The proposal is based on the notion
of the holistic nature of the environment and attempts, as
regards the emission aspect, to overcome the current
fragmentation of environmental protection measures
concerning air, water and waste .

Secondly, the ecological water quality Directive takes
further the clean-up requirements and programme-based
approach in a host of water Directives . The ecological water
quality Directive requires all sources of pollution which
impair the water ecology to be registered and combated . In
particular, as part of an integrated programme, the
requirements deriving from the many different water
Directives are to be set out and the necessary measures to
implement them and measures to achieve ecological quality
indicated . This is, then, once more an holistic approach, but
one which takes as its starting point the water quality aspect,
i.e. immission .

1 . How can the Commission expect this new approach to
produce significant progress in terms of European water
pollution control in view of the fact that, in many
Member States, the transposition of the few ambitious
water pollution control provisions is still causing
considerable problems ?

2 . Are such new water-related procedural provisions —
instead of, as in the past, material rules — necessary and
helpful ?

No C 40 / 12 EN Official Journal of the European Communities 12 . 2 . 96

Answer given by Mrs Bjerregaard

on behalf of the Commission

(6 November 1995 )

The aim of the integrated programmes required under the
proposed ecological quality of water Directive (') is to bring
into a single programme all the various measures and
programmes required to improve surface water quality . This
will allow greater efficiency, permit synergies and provide
for greater transparency . The public will be consulted on the
programmes and the final programmes will be published,
thus enabling citizens to examine the measures being taken
by Member States in order to meet their obligations in this
area . This is a particularly helpful mechanism for those
measures which are specific to local circumstances and can
not be established at Community, or even national, level .

(') COM(93 ) 680 final — OJ No C 222, 10 . 8 . 1994 .

WRITTEN QUESTION E-2191 / 95

by Ursula Schleicher ( PPE )

The definition of best available techniques ( BAT ) included
in the IPPC Directive is also likely to enable a regionally
varied approach to be taken to emission standards and limit
values, allowing for the relevant level of protection .

1 . Can the Commission confirm that the IPPC proposal
departs from the original approach taken in framework
Directive ( 76 / 464 / EEC ) and that ultimately, instead of
the emission principle designed to eliminate
environmental pollution by certain hazardous
substances, the best available techniques must be used
only to the extent necessary to achieve a particular
environmental quality target, i.e. the exception under
Article 6 of Directive ( 76 / 464 / EEC ) becomes the
rule ?

2 . Given this definition, what significance can the
terms ' new technologies ' and ' BAT ' have in Europe
if their definitions can be made dependent on
local environmental conditions and economic

reasonableness ? What criteria are to govern this ?

(') OJ No L 129, 18 . 5 . 1976, p . 23 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

to the Commission ( 26 October 1995 )

( 28 July 1995 )

( 96 / C 40 / 21 ) The goal of the draft integrated pollution prevention and
control ( IPPC ) Directive ( ! ) is clearly stated to eliminate
pollution, or reduce it as far as possible . This aim cannot be

control — diluting of compatible with simply reducing emissions to what is

464 / EEC ) because of the approach required by an environmental quality standard, and such is
Directive not the intention or effect of the proposal . The premise in

paragraph 1 of the question, on which its paragraph 2
depends, is therefore incorrect .

Subject : European water-pollution control — diluting of

Directive ( 76 / 464 / EEC ) because of the approach
taken in the IPPC Directive

In keeping with the 1992 Edinburgh Summit, codified
environmental law should be clear, straightforward,
reasonable and based on the subsidiarity principle . In this
respect, the framework water Directive ( 76 / 464 / EEC ) ( ] )
has two clear objectives :

— to eliminate water pollution by hazardous substances

included in list I and

— to reduce water pollution by hazardous substances

included in list II to an environmentally compatible
level .

The criteria for identifying hazardous substances are clearly
defined .

In contrast to this, the IPPC Directive requires that
industrial plant emissions be avoided as far as possible or
reduced to a minimum in order to ensure a high level of
protection for the environment as a whole . Depending on
how the vague expression ' as far as possible ' is interpreted, it
is largely within the Member States ' and the licensing
authorities ' discretion to seek simply to reduce
environmental pollution and rather than as under Directive

( 76 / 464 / EEC ), to eliminate it .

( 1 ) Doc . COM(95 ) 88 ; OJ No C 165, 1 . 7 . 1995, amending
COM(93 ) 423 ; OJ No C 311, 17 . 11 . 1993 .

WRITTEN QUESTION E-2 193 / 95

by Ursula Schleicher ( PPE )

to the Commission

( 28 July 1995 )

96 / C 40 / 22 )

Subject : European water-pollution control — uniform level

of precaution provided by the BAT standards

The relevant level of technical outlay regarded as necessary
depends on the level of environmental protection required
or the residual risk represented by the activity concerned .
There are three gradings in German law : the acknowledged
role of technology, the best available technical means, and
the state of the art . Compared with the Directive on local

12 . 2 . 96 EN Official Journal of the European Communities No C 40 / 13

authority sewerage, first-level organic purification of
sewage would today correspond to the acknowledged role
of technology, i.e. there has been comprehensive
standardization and economic feasibility is no longer an
issue . For the discharge of hazardous substances and the
preprocessing thereof, the best available technical means in
accordance with the 1976 framework water Directive

would be required, where the legislative authority verifies
the economic justification of the technical means when the
emission standards are laid down . The state of the art is

insisted on, however, in connection with the construction of
nuclear power stations, where economic concerns to a large
extent came second to demands to minimize the residual risk

presented by such installations .

1 . Does the Commission consider that such distinctions

between levels of requirements to be met by technical
standards must be made in EU environmental and water

law ?

2 . To the Commission 's knowledge, what significance do

standard technical clauses such as BAT have in the

Member States ' environmental law and does their role

tend to be over-emphasized or unclear ?

3 . Which of the three standards should apply to
Community law on the environment and / or water ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

(6 November 1995 )

Community environmental and water legislation already
includes implicit distinctions between levels of pollution
control . Such distinctions depend upon the perceived nature
of the problem, the level of effort required to deal with the
problem and the best means available to meet the objectives
of the legislation .

Best available technology has already been incorporated in
law by many Member States and is recognised throughout
the Community as that effort which is required by the most
polluting industries .

WRITTEN QUESTION E-2 198 / 95

by Ursula Schleicher ( PPE )

to the Commission

( 28 July 1995 )

( 96 / C 40 / 23 )

Subject : European water-pollution control — monitoring

programmes or reports on implementation

The Commission regards the programmes in the relative
Directives, and the fact that they are communicated to it,
as an important way of guiding and monitoring

implementation of environmental rules . In addition,
however, there are reporting obligations ; in the water
questionnaire, the Member States are asked specific
questions on implementation . Reporting obligations have
thus developed into a very tangible monitoring and
implementation tool, though the existence of these two
methods side by side causes confusion time and time again .
According to the Commission 's reports to Parliament on the
application of Community law, the greatest shortcomings
are to be found in the process of drawing up and submitting
programmes, e.g. titanium dioxide waste, Article 7 of the

1976 Directive ( 76 / 464 / EEC (')) for the programmes
concerning substances in List II, in connection with which
infringement proceedings have been initiated against all
Member States, transposition of the local authority sewage
Directive, on which programmes are currently being
submitted very half-heartedly .

1 . Why does the Commission consider it correct to make
the programme-based approach, e.g. in the ecological
water directive yet more stringent by making the
necessary programme measures legally binding on
natural and legal persons in both the public and private
sectors ?

2 . In what form could the legally binding nature of such
programmes be ensured, and what problems does the
Commission see, if any, concerning the development of
an economic planning approach ?

3 . How does the Commission propose to ensure better
monitoring of such programmes ?

4 . Are such programmes to.be regarded as free-standing or
as part of the water report to the Council and Parliament
under the reporting obligations Directive

( 91 / 692 / EEC ) ( 2 ), or as part of the report on application
of Community law ?

(') OJ No L 129, 18 . 5 . 1976, p . 23 .

( 2 ) OJ No L 377, 31 . 12 . 1991, p . 48 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

(6 November 1995 )

1 . The Commission considers that the measures

established under the integrated programmes in the
proposed ecological quality of water Directive (') should be
legally binding in order to ensure that the measures foreseen
are actually carried out .

2 . The form in which the legal obligation is imposed will
be left to the discretion of the Member States, taking into
account their different legal traditions .

3 . The Member States will be obliged to report on the
content and implementation of their action programmes in
the context of Directive ( 91 / 692 / EEC ) ( the ' Reporting
Directive '). The format for such reporting will be agreed
under the procedures of that Directive, but should include
information on the nature of the legal obligations and the
success with which they have been enforced .

No C 40 / 14 EN Official Journal of the European Communities 12 . 2 . 96

4 . The integrated programmes will be free-standing WRITTEN QUESTION E-2201
documents acting as a management tool for the appropriate by Ursula Schleicher ( PPE )
authorities, a consultation document for the public and an to the Commission
information document for interested parties, including the
Commission . They will not replace the reports required ( 28 July 1995 )
under Directive ( 91 / 692 / EEC ), or any other reports which ( 96 / C 40 / 25 )
may be required .

WRITTEN QUESTION E-2201 / 9S

to the Commission

( 28 July 1995 )

( 96 / C 40 / 25 )

(') COM(93 ) 680 final — OJ No C 222, 10 . 8 . 1994 .

WRITTEN QUESTION E-2200 / 95

by Ursula Schleicher ( PPE )

to the Commission

( 28 July 1995 )

( 96 / C 40 / 24 )

»

Subject : European water-pollution control : annual reports

on drinking water

The proposed amendment to the drinking-water Directive
introduces a new obligation to submit annual reports on the
standard of drinking water . Directive ( 91 / 692 / EEC ) ( ] ), on
standardizing the rationalizing reports introduced, with
effect from 1995, the obligation to report at three-year
intervals for environmental legislation . Hitherto annual
reports have been drawn up only in respect of bathing water .
Other Directives on water have, for a number of years,
contained detailed obligations to submit reports ; these were
most recently updated by the 1991 Directive on reports and
by the adoption in July 1992 of Directive ( 92 / 446 / EEC ) ( 2 )
on questionnaires relating to the water sector .

Why does the proposal to amend the drinking-water
Directive break with the approach adopted in Directive

( 61 / 692 / EEC ) on submitting reports ?

(') OJ No L 377, 31 . 12 . 1991, p . 48 .

( 2 ) OJ No L 247, 27 . 8 . 1992, p . 10 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 27 October 1995 )

In the proposal for a revised drinking-water Directive ( ),
Member States are obliged to report annually on the quality
of drinking water provided in their area . This is because the
quality of drinking water is of the utmost importance to
human health, and the Commission considers that
consumers should not have to wait longer than one year to
be informed about it .

C ) COM(94 ) 612 final .

Subject : European water-pollution control : Evaluation by

the Commission of reporting obligations

With the exception of the bathing-water Directive, the
Commission has hitherto submitted virtually no reports to
the Council in respect of the water Directives, the main
reason being that the Member States are experiencing
problems with the obligations to submit reports . One
explanation why Member States have not submitted reports
is that the Commission has failed to provide any specific
questions, although this matter has now been resolved with
the new water questionnaires ( 1992 ). However, it appears
that the Commission has been unable to evaluate, and
submit to the Council and Parliament, reports forwarded by
the due date by certain Member States and has therefore
been unable to draw attention to shortcomings in complying
with the obligation to draw up reports in other Member
States .

1 . Does the Commission have sufficient resources, in terms
of staff and equipment, to request, evaluate and
incorporate such additional reports in a European water
report ?

2 . Does the Commission already have any experience with
the questionnaire for the water Directives ?

3 . When new proposals for Directives are drawn up,

should not the control question on transposition also be
submitted for the water questionnaires in order to
tighten up and consolidate the compulsory reports ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

(6 November 1995 )

1 . The Commission recently published the following

reports :

— ' Quality of fresh water for fish and of shellfish water —

summary report on the state of application of Directives

( 78 / 659 / EEC ) and ( 79 / 923 / EEC )' ( EUR 14118, 1995,
ISBN 92-826-9109-8 );

— ' Quality of surface fresh water — common procedure

for the exchange of information 1987 — 1989 —
synthesis report ' ( 1995, ISBN 92-826-9396-1 ).

The reports were forwarded to the Council and Parliament
inter alia . Other reports are being drafted and will be
published in 1996 .

2 . The questionnaires for the water sector ( Commission
Decision ( 92 / 446 / EEC ) of 27 July 1992 ( ] )) were modified
by Commission Decision ( 95 / 337 / EC ) of 25 July 1995 ( 2 ).
Member States are required to send their data on the period

1993 — 1995 before 30 September 1996 . The Commission

12 . 2 . 96 EN Official Journal of the European Communities No C 40 / 15

then has to publish that data in a synthesis report before
30 June 1997 . The ( 95 / 337 / EC ) questionnaires may be used
for the period 1993 — 1995 and will apply for the period

1996—1998 .

3 . The proposed new Directives take account of the
reporting obligations laid down in Council Directive

( 91 / 692 / EEC ) of 23 December 1991 standardizing and
rationalizing reports on the implementation of certain
Directives relating to the environment ( 3 ).

(') OJ No L 247, 27 . 8 . 1992 .

( 2 ) OJ No L 200, 24 . 8 . 1995 .

( 3 ) OJ No L 377, 31 . 12 . 1991 .

WRITTEN QUESTION E-2202 / 95

by Ursula Schleicher ( PPE )

to the Commission

( 28 July 1995 )

( 96 / C 40 / 26 )

Subject : European water-pollution control : Confidence ­

building measures in respect of compulsory

reports

President Santer announced in his programme of work at
the beginning of the year less, but better legislation which
would respect the principle of subsidiarity . Constructive
cooperation between the Member States and the
Commission is often hampered by fears that reports from
the Member States might be used as the basis for initiating
infringement proceedings . For example, it appears that the
new Director of the European Environment Agency is not
interested — despite the views expressed by the European
Parliament — in being involved in implementation of
environmental legislation, since this would cut off access to
Member States ' information and data .

1 . What scope does the Commission see for
confidence-building measures in this area ?

2 . Does the Commission think there should be a

connection between initiating infringement proceedings
and cooperating in preparing and drawing up water
reports, or should infringement proceedings be deferred
until the water report has been submitted to Parliament
in 1997 ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

measures taken by the institutions pursuant to it, the
Commission has broad discretionary powers to decide
whether or not to initiate proceedings in accordance with
Article 169 of the Treaty . The Court of Justice has
consistently confirmed these discretionary powers on the
part of the Commission in cases coming before it .

Certain Community Directives on water quality and the
protection of water against pollution require the Member
States to submit reports to the Commission . There is
therefore nothing to prevent the Commission, if need be,
from taking action against the Member States for failing to
fulfil these obligations by initiating proceedings in
accordance with Article 169 of the EC Treaty .

The Commission 's discretionary powers are not limited by
the entry into force of Council Directive 91 / 692 / EEC
standardizing and rationalizing reports on the
implementation of certain Directives relating to the
environment (').

(') OJ No L 377, 31 . 12 . 1991 .

WRITTEN QUESTION E-2203 / 95

by Ursula Schleicher ( PPE )

to the Commission

( 28 July 1995 )

( 96 / C 40 / 27 )

Subject : European water-pollution control : 1997 report on

transposing the water-protection Directives

Even though the Commission 's report to the European
Parliament does not have to be submitted until 1997, every
effort should be directed now towards preparing this report,
i.e. its contents, its depth of analysis, the way it differs from
the Commission 's report on transposition of Community
legislation and from reports by the European Environment
Agency and the European Statistics Office .

1 . Does the Commission know whether the Member States

are drawing up the water report ?

2 . Why does the Commission 's programme of work not
refer to the drawing up of these reports ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 27 October 1995 )

( 30 October 1995 )
Article 2 of Council Directive ( 91 / 692 / EEC ) of 23 December

One of the tasks incumbent upon the Commission pursuant
to Article 155 of the EC Treaty is to ensure that the Member
States comply with Community law .

Where the Member States fail to fulfil the obligations
imposed on them by the EC Treaty or do not apply the

1991 standardizing and rationalizing reports on the
implementation of certain Directives relating to the
environment f 1 ) requires Member States to send
information relating to Commission Decision ( 92 / 446 / EEC )
of 27 July 1992 concerning questionnaires relating to
Directives in the water sector ( 2 ) before 30 September 1996
for the 1993— 1995 report period . The Commission then

No C 40 / 16 EN Official Journal of the European Communities 12 . 2 . 96

has nine months to prepare a Community report and
publish it before 30 June 1997 . Some Member States have
already informed the Commission that they are preparing
their questionnaires for the first report period .

(•) OJ No L 377, 31 . 12 . 1991 .

( 2 ) OJ No L 247, 27 . 8 . 1992 .

WRITTEN QUESTION E-2208 / 95

by Ursula Schleicher ( PPE )

to the Commission

technical specifications required under Articles 3 and 4
become available . However, this does not prevent the
Council reaching political agreement on the principles
involved and the administrative structures required . In
addition, it is clear that the details of the technical
specifications will depend on the nature of the Directive as it
is finally adopted by Council, particularly as regards its

scope .

(') COM(93 ) 680 final — OJ No C 222, 10 . 8 . 1994 .

WRITTEN QUESTION E-2209 / 95
( 28 July 1995 )

by Ursula Schleicher ( PPE )
( 96 / C 40 / 28 )

to the Commission

Subject : European water-pollution control : imprecise
Directives

The Fifth Environmental Action Programme prescribes
better drafting of environmental Directives with a view to
significantly improving the degree to which they can be
implemented and their impact on European environmental
protection . The failure of the existing EU water Directives
are of course attributable to the fact that they provide no
clear and binding guidelines, while large parts of the rules
are left to a future occasion which — for whatever reason —

is considerably delayed, or not even adopted by the
Council .

The current proposals for the drinking water and ecological
water Directives and, to a certain extent, the IPPC Directive
are once again vague about key areas or leave them to
subsequent specific Directives or amendments to Directives .
For example, the ecological water Directive fails even to
provide a reference procedure for the ecological assessment
of water . Nor does it contain any specific monitoring or
measuring procedure for describing water quality . It is also
vague from the qualitative point of view, in that it merely
describes what high or good ecological quality should

represent .

1 . Does the Commission really believe that improved
results can be obtained from EU legislation if certain key
areas are not defined or if rules on such key areas are left
to future Directives or amendments to Directives ?

2 . Does the Commission believe that this phased approach
is ecologically acceptable, or does it really conceal a lack
of transparency or even of vision ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

(6 November 1995 )

Clearly, the proposed ecological quality of water
Directive ( l ) will not become fully operational until the

( 28 July 1995 )

( 96 / C 40 / 29 )

Subject : European water-pollution control : Administrative

requirements

The new Directives adopt an approach which is very much

' '
to do with planning and management — the soft
instruments of environmental protection . This is expressed,
for example, in the presentation of alternatives, in the
demand for submissions and in the description of the
integrated programmes .

1 . What requirements does the Commission feel this
approach has in terms of size of environmental or water
resources administration in the Member States and how

can this approach be reconciled with the current
widespread slimming down of civil services ?

2 . Can this approach serve as an example for legislation in
central and eastern Europe ?

3 . Given staff shortages in civil services, can the drawing up
of time-consuming programmes speed up the
implementation of specific measures ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

(6 November 1995 )

The use of integrated programmes for the protection of
water does not exclude the application of strict controls on
emissions or the imposition of harsh authorization regimes
where necessary to deal with particular pollution problems .
However, the creation of such programmes will enable
Member States to manage their resources in the most
efficient way .

Such an approach is equally applicable in central and eastern
Europe .

12 . 2 . 96 EN Official Journal of the European Communities No C 40 / 17

With regard to staff shortages, it is the responsibility of
Member States to ensure that they have sufficient
administrative resources to meet their obligations under
legislation adopted by the Council .

to staff shortages, it is the responsibility of new piece of Community legislation should soon be in place .
States to ensure that they have sufficient The principles laid down in the draft Directive will have an
resources to meet their obligations under important impact upon the Community effort to eliminate
adopted by the Council . pollution and, as such, in order to ensure a coherent

strategy, it was important to await the outcome of the
debate on IPPC . As part of the process of preparing a text to
modify Directive ( 76 / 464 / EEC ), comparisons with the
various rules in IPPC will be made as a matter of course .

Nevertheless, this has not held up discussions on the water
WRITTEN QUESTION E-22 12 / 95 Directives, nor the preparation of a communication on
Community water policy .

by Ursula Schleicher ( PPE )

to the Commission

( 28 July 1995 )

( 96 / C 40 / 30 )

Subject : European water-pollution control : Hold-ups
caused by the IPPC Directive

The IPPC Directive is currently blocking many other
Directives, or amendments to Directives, in the
Commission, in particular amendments to Directive
( 76 / 464 / EEC ) (') and the proposals for other emissions,
such as volatile hydrocarbons, and the Directive on
incinerators for domestic waste .

1 . Does the Commission feel that the approach of the IPPC
Directive makes such a major contribution to protection
of the environment that it can hold up consolidation and
further development of EU environmental legislation in
the broadest sense ?

2 . Is there not a risk that major interests of water
management which derive from discussions on, and
updating of, other water Directives will be ignored as a
result ?

3 . Should not the first step be a comparison of the various
rules, in particular Directive ( 76 / 464 / EEC ), now that the
proposal for the IPPC Directive has hived off large parts
of this Directive in that it spells out the conditional
authorization and the standard clause on the best

available means by defining the best available
technology ?

4 . Given the foregoing, does the Commission not feel it
would be sensible to submit first of all an agreed strategy
for water pollution control in order to enable all
interests to carry the same weight and to permit a
genuine consolidation of EU water legislation ?

(') OJ No L 129, 18 . 5 . 1976, p . 23 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

(6 November 1995 )

With a common position on the draft integrated pollution
prevention and control ( IPPC ) Directive ( J ), an important

(') COM(93 ) 423 final — OJ No C311,17 . 11 . 1993, amended by

COM(95 ) 88 final — OJ No C 165, 1 . 7 . 1995 .

WRITTEN QUESTION E-22 13 / 95

by Ursula Schleicher ( PPE )

to the Commission

( 28 July 1995 )

( 96 / C 40 / 31 )

Subject : European water-pollution control : Licensing

                           procedures

With the IPPC Directive it will be necessary in future to have
not one licence for discharging into water but a licence
which includes construction and operation . This will make
substantial changes to the extent of testing . The breadth and
depth of testing are a factor of extending the protection
objectives to include soil, water, air, human health, living
resources and eco-systems, material property, use of the
environment and testing the impact of firms and emissions
on the environment as a whole .

1 . Given, in particular, the lack of any harmonized
standards will not the test of the ' overall environmental

effects ' of economic activity make the procedure for
licensing plant too cumbersome ?

2 . Should not licensing procedures be simplified in
advance, for example by indicating whether there are
any harmonized European standards or by a discussion
of the environmental compatibility of certain measures
etc .?

3 . Is plant licensing still an appropriate means of
monitoring the admissibility of emissions of certain
dangerous substances in the environment and in

water ?

4 . How, in the Commission 's opinion, is it possible to
prevent the licensing of particular plant with an impact
on the environment becoming a political issue or a
research exercise ?

No C 40 / 18 EN Official Journal of the European Communities 12 . 2 . 96

Answer given by Mrs Bjerregaard

given by Mrs Bjerregaard On 5 July 1995 the Commission accordingly decided on a

of the Commission further extension running as from 1 January 1995 ( 3 ). The

(6 November 1995 ) rules have consequently remained applicable without
interruption .

on behalf of the Commission

The exchange of information envisaged under the draft
integrated pollution prevention and control ( IPPC )
Directive C ) will allow a full discussion at European level of
the standards achievable in a particular sector and of the
environmental compatibility of certain measures . It is not
expected that the determination of emission limits for
individual installations under the proposal will be too
cumbersome a licensing procedure . Similar systems are
currently operated by several Member States without
difficulty . While the Commission will continue to explore
other means of limiting discharges of dangerous substances
to water, there is still a need to apply authorization controls .
The decisions on emission limits will be taken by the
authorities, on the basis of the criteria set down in the
Directive, with the aim of ensuring a high level of
environmental protection and with public participation in
the procedure .

( 1 ) COM(95 ) 88 — OJ No C 165, 1 . 7 . 1 995 amending COM(93 )

423 — OJ No C 311, 17 . 11 . 1993 .

WRITTEN QUESTION E-2227 / 95

by Inigo Méndez de Vigo ( PPE )

to the Commission

( 31 July 1995 )

( 96 / C 40 / 32 )

Subject : Aids to the automobile industry

The Court of Justice recently ruled that the specific rules
governing state aids to the automobile industry were valid
only until December 1994 .

What are the implications of this ruling for the restructuring
plan submitted a few days ago by the Seat company ?

Answer given by Mr Santer
on behalf of the Commission

( 31 October 1995 )

In Case C-135 / 95 Spain v. Commission the Court of Justice
held that the Commission Decision of 23 December 1 992 ( 1 )
was to be interpreted as extending the rules governing State
aids to the motor industry ( 2 ) only until the next review,
which was to take place, like the preceding reviews, after a
two-year period of application, in this case on 31 December

1994 .

(') OJ No C 36, 10 . 2 . 1993 .

( 2 ) OJ No C 123, 18 . 5 . 1989 .
(') Decision not yet published in the Official Journal .

WRITTEN QUESTION E-2232 / 95

by Carlos Robles Piquer ( PPE )

to the Commission

( 31 July 1995 )

( 96 / C 40 / 33 )

Subject : The European Union and oil from the Caspian

Sea

A number of European companies are involved in efforts to
extract and export oil from the States bordering on the
Caspian Sea . These include the Norwegian company Statoil,
the British company BP and the Scottish company Ramco .
However, the biggest presence in the area is that of major US
companies, most notably Chevron . The war situation in the
Caucasus and the US embargo against Iran are making it
difficult to build the necessary oil pipelines .

Given the wealth of these oil fields, has the Commission
devised any strategy to facilitate their exploitation and
ensure that the interests of the European Union as a whole
are upheld ?

Answer given by Mr Papoutsis

on behalf of the Commission

( 13 October 1995 )

Geographical diversification of oil supplies is an ongoing
aim of Community energy policy, and full development of
the export potential of the major hydrocarbon resources of
the countries bordering the Caspian Sea is certainly in the
Community 's interest .

In its recent communication to the Council ' Towards a

European Union strategy for relations with the
Transcaucasian Republics ' ( ! ) the Commission clearly
underlined the major role the Community should play in the
region, notably in developing these resources .

The Commission is already working to this end by helping
to implement the European Energy Charter and its transit
provisions and cooperation programmes ( e.g. Tacis, Phare
and Meda ) and is tackling the problem of how to develop

12 . 2 . 96 EN Official Journal of the European Communities No C 40 / 19

the oil and gas transmission networks . It is also taking an WRITTEN QUESTION E-2281 / 95
active interest in the oil pipeline construction projects put by Gerardo Fernandez-Albor ( PPE )
forward both by operators and by the authorities of the to the Commission
States bordering the Caspian Sea and the Black Sea .

( 31 July 1995 )

(•) COM(95 ) 205 . ( 96 / C 40 / 35 )

Subject : Establishment within the European Union of an

Office for Maritime Affairs

WRITTEN QUESTION E-2270 / 95

by Joan Colom i Naval ( PSE ), Anna Terrón i Cusí ( PSE ),
Josep Verde i Aldea ( PSE ), Julio Añoveros Trias de Bes

( PPE ), Juan Fabra Vallés ( PPE ), Concepció Ferrer ( PPE ),
Carles-Alfred Gasóliba i Bóhm ( ELDR ), Joan Vallvé

( ELDR ) and Antoni Gutiérrez Díaz ( GUE / NGL )

to the Commission

( 31 July 1995 )

( 96 / C 40 / 34 )

Subject : Price of hazelnuts

In 1992 / 93 the price of whole hazelnuts reached one of its
lowest points in recent years .

The Turkish authorities undertook to process the stocks
from that season, so as not to put pressure on the
international markets .

However, it appears that Turkey is exporting, at low prices,
hazelnuts harvested in 1992 / 93, thereby causing a sharp
drop in international market prices .

Does the Commission plan to demand that the Government
of Turkey comply with its undertakings on the marketing of
hazelnuts ?

Answer given by Mr Fischler
on behalf of the Commission

( 25 October 1995 )

The Commission keeps in close contact with the Turkish

authorities, the aim being market stability and
harmonization of trade relations between Turkey and the
Community as regards the hazelnut sector .

The Commission 's information confirms that Turkish
operators have exported hazelnuts from the 1992 / 93
harvest . The Commission has protested to the Turkish
authorities, reminding them of their undertaking not to
export stocks from the 1992 / 93 crop year . The amount
exported from stocks was still relatively small .

The establishment within the European Union of a central
office responsible for maritime affairs ( relating both to
fisheries and the merchant navy ) would be of assistance in
dealing with the disputes arising in respect of international
fishing waters and in responding to the aggressive
commercial criteria applied by various Asian countries in
the maritime transport sector .

Moreover, political influence is being acquired by those who
believe that the EU should concentrate its maritime powers
and responsibilities, which currently fall within the purview
of the Directorate-General for Industrial Affairs, Transport
and Fisheries ( DG III, VII and XIV ) within a single
body .

Can the Commission say whether or not it is giving any
consideration to the opinions of Community politicians and
technicians who are calling for an EU Maritime Affairs
Office to be set up and, if so, whether or not it intends to
take any action on the matter in the near future ?

Answer given by Mr Kinnock

on behalf of the Commission

( 13 October 1995 )

Within the framework of its exclusive powers to organize its
own services, the Commission is aware of the importance of
effective coordination of all aspects of maritime policy and
feels that its procedures for inter-service consultation are
sufficiently developed to ensure that . It also feels that the
responsibilities of the different services dealing with
maritime affairs vary so much in character that there would
be no overall advantage in centralizing them in one
office .

Further coordination is assured through the Maritime
Industries Forum, which was established in 1992 at the
initiative of the Commission . The Forum groups together, at
the highest levels, representatives of maritime industries

( including fisheries ) as well as members of the Parliament
and representatives of authorities in the Member States .

The Forum 's goal is to coordinate maritime interests in

order to improve the competitiveness of maritime
industries . Current discussions are addressing the extent to
which the coordination of these interests should be adapted
from an organizational perspective .

No C 40 / 20 EN Official Journal of the European Communities 12 . 2 . 96

Finally, the Commission recently decided to provide the
industry with a single interface for research and
development programmes in the maritime sector .

WRITTEN QUESTION E-2301 / 95

by Gerfried Gaigg ( PPE )

to the Commission

(1 September 1995 )

( 96 / C 40 / 36 )

Subject : Commission 's periods of payment

The Commission regularly awards contracts to
undertakings, for example in connection with development
aid projects . Such undertakings have repeatedly complained
of the Commission 's extremely long payment procedures ;
this is particularly the case where a contract for a project is
awarded by a Commission delegation in a third country to a
body in a third country .

In view of the Commission 's objective of reducing payment
periods in European business transactions, as part of its
policy towards SMUs, the following questions arise :

1 . Does the Commission regularly apply certain payment
periods to business transactions, and are there different
categories ?

2 . Which payment periods can an entrepreneur use as a

basis for his bid to the Commission ? Are such payment
periods also incorporated into the conditions of tender,
so as to ensure fair competition as regards bids ? If not,
why not ?

3 . When do the Commission 's payment periods begin ?
Why must an undertaking in practice bear the cost of the

delay involved when a Commission delegation forwards
invoices to the central bureaucracy in Brussels, a delay
which often takes months ?

4 . What steps is the Commission undertaking to reduce

these excessively long internal processing procedures ?
What opportunities for legal redress do undertakings
have, if the Commission fails to respect periods of
payment which have either been agreed on or are
regularly applied ?

5 . Has the Commission issued a communication or form

on its terms of business ? If not, why not ? Are there any
plans to remedy this situation ?

Answer given by Mr Pinheiro

on behalf of the Commission

( 30 October 1995 )

As the subject of this question falls within the competence of
both Mr Marin, Vice-President, and Mr Pinheiro, Member

of the Commission, the Commission 's reply is being given by
both .

1 . The Commission 's payment period for development aid
projects is generally 90 days . This is reduced to 60 days
for non-ACP ( African, Caribbean and Pacific ) projects
negotiated directly between a contractor   - and the
Commission, i.e. without involving a developing
country . For the present, the 60-day period also applies
to development projects in southern and eastern
Mediterranean countries .

2 . Entrepreneurs may base their bids on these terms which
are set out in the tendering documentation .

3 . The payment period commences :

— in the case of direct contracts, on the day following

receipt by the Commission of a correctly completed
invoice ;

— in the case of projects carried out in developing

countries, on the day following receipt of the
instruction issued by the authority responsible for
supervising the project .

Contractors are not required to bear the cost of any
delay in the transmission of documents by Delegations .
An average of 10 days for the transmission of originals

( which are sent by diplomatic bag because other
confidential documents may be attached ) should be
added to the period required by Delegations to process
the papers . This may vary with pressure of work and
staffing levels .

To shorten the period taken to process documents,
Delegations regularly send faxes to ensure that payment
orders, which must be based on original documents,
reach Financial Control and the Payments Office
immediately after the arrival of the originals . Where a
payment period is exceeded the contractor is entitled to
the interest on overdue payments provided for in the

contract .

4 . To shorten the internal processing period the
Commission is required to inform contractors, generally
within 20 days, if an invoice is incomplete or if
additional information is required . Electronic data
processing is used to ensure compliance with payment
terms or provide a remedy where appropriate .

5 . Regarding ACP projects, attention is drawn to Decision
No 3 / 90 of the ACP-EEC Council of Ministers of

29 March 1990 adopting the general regulations,
general conditions and procedural rules on conciliation
and arbitration for works, supply and service contracts

12 . 2 . 96 EN Official Journal of the European Communities No C 40 / 21

financed by the European Development Fund ( EDF ) and
concerning their application ('). For other projects, the
terms and conditions are set out in the standard

tendering documentation .

WRITTEN QUESTION E-23 13 / 95

by Jens-Peter Bonde ( EDN )

to the Commission

(1 September 1995 )

OJ No L 382, 31 . 12 . 1990 . ( 96 / C 40 / 38 )

Subject : Organic solvents for cleaning offset printers

Will the Commission ensure that the proposal for a Council
Directive limiting organic solvents also covers offset
WRITTEN QUESTION E-2308 / 95 printers ?

by Nuala Ahern ( V )

to the Commission

(1 September 1995 )

( 96 / C 40 / 37 ) Answer given by Mrs Bjerregaard

on behalf of the Commission

( 19 October 1995 )

Subject : List submissions under Article 36 Euratom
Treaty

If it will list by year since 1965 the number of submissions
made by Member States under Article 36 of the Euratom
Treaty on radiological monitoring of nuclear facilities ; and
if the Commission will indicate each instance where it has

initiated proceedings against any Member State, or nuclear
operator within a Member State, under the provisions of
Article 38 of the Euratom Treaty, where it was judged that
the basic standards of radiological safety had been
breached .

Answer given by Mrs Bjerregaard

on behalf of the Commission

The Commission is preparing a draft Directive to limit the
emissions of organic compounds from solvents in certain
industrial installations, including the solvents contained in
inks and cleaning agents in the printing industry .

The main processes in the printing industry which will be
affected by the draft Directive are web-fed heat set offset
printing, rotogravure printing and printing on flexible
packaging .

WRITTEN QUESTION E-2320 / 95
( 16 October 1995 )
by Jesús Cabezón Alonso ( PSE ) and

Juan Colino Salamanca ( PSE )

to the Commission

Communications pursuant to Article 36 of the Euratom
Treaty are received regularly by the Commission from all
Member States in the form of published national reports or
documents prepared specifically for this - purpose . The
Commission in turn publishes a series of reports reviewing
the information received, the most recent such report being
EUR-12254 for the period 1984 — 1986 . The report for

1987 — 1990 is in preparation . The effort involved in the
preparation of a comprehensive list of all relevant
communications from the Member States since 1965 would

not be justified .

Circumstances requiring action by the Commission under
the terms of Article 38 have never arisen since the Treaty was
first established .

(1 September 1995 )

( 96 / C 40 / 39 )

Subject : Illegal activities in Gibraltar

Is the Commission prepared to take urgent and active
measures to put a stop to tolerance by the authorities of the
Colony of Gibraltar of certain illegal activities such as
tobacco smuggling ( 130 million packets in 1994 ), drugs
trafficking and certain illegal financial activities ?

Is the Commission awfare that this situation obliges the
Spanish authorities to exercise strict controls at the border
with Gibraltar, which prevents full application of the
Schengen Agreement ?

No C 40 / 22 EN Official Journal of the European Communities 12 . 2 . 96

Answer given by Mrs Gradin
on behalf of the Commission

Answer given by Mr Oreja
on behalf of the Commission

( 18 October 1995 ) ( 23 October 1995 )

The Commission regards all types of fraud affecting the
Community budget, including cigarette smuggling, with the
utmost seriousness . Within the framework of mutual

assistance arrangements on combating fraud, the
Commission has recently set up a Task Group charged with
pursuing all aspects of the cigarette smuggling phenomenon .
Member States actively participating in this Group include
the United Kingdom and Spain . Where appropriate, the

Commission has intervened with the respective
administrations in order to help maintain the cohesive effort
necessary to protect the Community 's financial interests in
this sector .

In this context, the legislative chamber of Gibraltar decfded
on 7 July 1995 to take some measures against tobacco
smuggling, in particular concerning the speedboats used for
these activities . These measures do not cover the repression
of illicit drug trafficking .

With respect to illegal financial activities, the Commission

awaits formal notification of the ' Drug Trafficking ( Money
Laundering ) Regulations 1995 ' adopted by the Gibraltar
authorities and aimed at implementing Directive
91 / 308 / EEC on money laundering .

Concerning controls on goods at the border between
Gibraltar and Spain, it must be recalled that Gibraltar is
excluded from the application of that part of the Treaty
which deals with the customs union . For customs purposes
it is therefore considered an external frontier of the Union . It

is in any case an external frontier of the Schengen area .

WRITTEN QUESTION E-2335 / 95

by Jaak Vandemeulebroucke ( ARE )

to the Commission

(1 September 1995 )

The Commission can confirm to the Honourable Member

that it granted a contribution of ECU 25 000 to the
' European young masters ' golf tournament, which took
place on 2 — 4 August 1995 at Wentworth Golf Club

( United Kingdom ). The event was organized by the
European Golf Association ( EGA ) for competitors under 16
years . A maximum of two girls and two boys could be
nominated by each federation of recognized junior
associations of countries belonging to the EGA . The results
of this tournament contributed to the selection of the

European Junior Trophy Team 1995, for a friendly match
against an American team in September 1995 in the United
States as a prelude to the senior Ryder Cup match .

The Commission 's funds were made available from Chapter
Article B3-3050 of the general budget 1995 . The total
budget for the tournament was estimated by the organizers
to be ECU 56 000 . The organizers informed the
Commission that they would not be receiving funds from
any other source . However, they did indicate that they
would be obtaining the following assistance :

— use of golf course facilities, offered by the host club ;

— travel tickets for participants, provided by the national

golf federations .

The organizers also made it clear that all remaining expenses
would be covered by the Ryder Cup European
Committee .

The Commission believes that this initiative is an important
information action . The Commission 's support to this event
had the backing of the Parliament 's sports inter-group .

WRITTEN QUESTION E-2341 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

(1 September 1995 )

( 96 / C 40 / 40 ) 96 / C 40 / 41 )

Subject : European Golt Youth Championship

Is it true that the European Golf Youth Championship has
been given a subsidy of ECU 25 000 ?

On what budget line does this subsidy appear ? Why was it
given ?

Who organized this championship, what were the
conditions for taking part, what was the budget and who
were the other sponsors ?

Subject : Register of environmentally sensitive areas

Measure 5.1 . of the environment operational programme
under the Greek CSF is for a ' Register of environmentally
sensitive areas ' with a total budget of ECU 51 million for

1994—1999 .

The programme comprises areas covered by the Ramsar
Convention, habitats protected by Community and national
law, areas of particular natural beauty, woodland, coastal
areas and summer resorts . The breakdown of funding
provided under the CSF for 1994 and 1995 is ECU 5,9
million and ECU 10,9 million respectively .

12 . 2 . 96 EN Official Journal of the European Communities No C 40 / 23

1 . What was the take-up rate for the above measure in

1994 ? What data does the Commission have for

1995 ?

2 . What specific project ( in the material sense ) has been

completed to date ?

3 . Have any complications in the implementation of the
projects been identified ? If so, what are they ?

WRITTEN QUESTION E-2342 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

(1 September 1995 )

The breakdown of funding under the CSF for 1994 and

1995 was ECU 5,9 million and 10,9 million respectively .

1 . What was the take-up rate for the above measure in

1994 ? What data does the Commission have for

1995 ?

2 . What specific project ( in the material sense ) has been

completed to date ?

3 . Have any complications in the implementation of the
projects been identified ? If so, what are they ?

WRITTEN QUESTION E-2344 / 95

by Alexandros Alavanos ( GUE / NGL )

( 96 / C 40 / 42 ) to the Commission

(1 September 1995 )

( 96 / C 40 / 44 )
Subject : Register of urban areas

Measure 5,2 of the environment operational programme is
for a ' Register of urban areas ' with a total budget of ECU 70
million . The programme comprises towns and villages
covering at least 2 100 sq km of urban area and 2 600 sq km
of urban area under development . The breakdown of
funding provided under the CSF for 1994 and 1995 was
ECU 7,4 million and 16,1 million respectively .

1 . What was the take-up rate for the above measure in

1994 ? What data does the Commission have for

1995 ?

2 . What specific project ( in the material sense ) has been

completed to date ?

Subject : Completion of unfinished projects under section

6.1 of the Greek CSF environment programme

Sub-programme 6.1 of the CSF environment operational
programme comprises the purchase by the fireHbrigade of
equipment costing ECU 2,6 million for dealing with major
industrial accidents . This project was due for completion by
31 July 1995 .

What was the take-up rate for the above project ? Was the
actual objective of the project achieved ?

3 . Have any complications in the implementation of the WRITTEN QUESTION E-2345 / 95
projects been identified ? If so, what are they ?
by Alexandros Alavanos ( GUE / NGL )

to the Commission

(1 September 1995 )

( 96 / C 40 / 45 )
WRITTEN QUESTION E-2343 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

(1 September 1995 )

( 96 / C 40 / 43 )

Subject : Register of farmland

Measure 5,3 of the environment operational programme is
for a ' Register of farmland ' with a total budget of ECU 5 1
million . The measure comprises drawing up and running the
register for an area of at least 15 000 sq km and covers
towns and villages consisting mainly of farmland and forest .

Subject : Completion of unfinished projects under section

6.2 of the Greek CSF environment programme

Sub-programme 6.2 of the CSF environment operational
programme comprises projects for renovating areas of
Athens ( Attiko Alsos, Selepitsari, Exarchia ) and the towns
of Lavplion and Ermioni and has a total budget of ECU 4,7
million . These projects were due for completion by 31 July

1995 .

What was the take-up rate for the above projects ? Were the

actual objectives of the projects achieved ?

No C 40 / 24 EN Official Journal of the European Communities 12 . 2 . 96

Joint answer to Written Questions

E-2341 / 95 to E-2345 / 95

given by Mrs Wulf-Mathies
on behalf of the Commission

(6 November 1995 )

For the period 1994 / 95, the rate of take-up of
appropriations set aside for the measures forming part of the
environment operational programme on land registration
was almost nil . This is due to the considerable amount of

preparatory work the national registration body had to
complete before launching this large-scale project ( e.g.
creating the requisite legal base before a land registry could
be set up ). As the Commission monitored this phase closely
it considers that, in spite of a slow start, the project will
catch up as it continues . It should be noted that the first calls
for tender have now been issued .

For sub-programme 6 ( completion of unfinished projects
under the first Community Support Framework
programme ), for which a total budget of ECU 5,8 million
was set aside and which comprises

( a ) combating major industrial hazards ( budget : ECU
1,427 million ),

( b ) the rehabilitation of urban and rural land ( budget : ECU

3,787 million ) and

( c ) repairing damage due to natural disasters ( budget : ECU
0,586 million ),

the amount taken up in 1994 was ECU 4,557 million .

The balance should be taken up by the deadline set for the
measure . Although the programme has not yet been
evaluated, the Commission feels that both measures have
satisfactorily achieved the aims laid down for them .

For the rest of the information requested, the Honourable
Member is asked to contact the competent authority of the
Member State, i.e. the Ministry for the Environment .

WRITTEN QUESTION E-2357 / 95

by Niels Kofoed ( ELDR ), Jan Mulder ( ELDR ) and

Timo Jårvilahti ( ELDR )

to the Commission

(1 September 1995 )

( 96 / C 40 / 46 )

Subject : Council Regulation ( EC ) No 2100 / 94 on
Community plant variety rights

1 . In view of Council Regulation ( EC ) No 2100 / 94 (') on
Community plant variety rights, what will the legal

consequences be to a farmer that does not provide
information to a holder in accordance with Article 14(3 ),
sixth indent thereof ?

2 . What will the consequences be as a result of the fact
that, at present, information requirements differ from one
Member State to another ?

3 . Will the payment that farmers have to make, in
accordance with Article 14(3 ), fourth indent, be regularly
adjusted ?

(') OJ No L 227, 1 . 9 . 1994, p . 1 .

Answer given by Mr Fischler
on behalf of the Commission

(9 October 1995 )

1 . Information requirements which arise from
Article 14(3 ) 6th indent of Council Regulation ( EC )
No 2100 / 94 of 27 July 1994 are specified in Article 8 of
Commission Regulation ( EC ) No 1768 / 95 of 24 July
1995 ('). In the case of non-compliance by a farmer who
used a variety protected by a Community plant variety right
for the purposes of farm-saved seed, Articles 1 7 and 1 8 ( 1 ) of
Regulation ( EC ) No 1768 / 95 mention the following legal

consequences :

— the holder of the Community plant variety right may sue

such a farmer for provision of the information .

— the holder may claim the payment of compensation just

as he would be entitled to do against any person who
contravened conditions or limitations imposed in the
context of a licensed use of the protected variety .

2 . The information requirements mentioned above will
apply to all farmers throughout the Community who use a
variety for the purposes of farm-saved seed, but only where
a Community plant variety right for such a variety has been
granted . As this new regime of Community plant variety
rights has been operational only since 27 April 1 995 the first
grants are unlikely before the end of this year . However, the
Commission will be vigilant concerning any differences
which may arise in the manner of implementing the
information requirements from one Member State to
another .

3 . The authorization of farm-saved seed is accompanied
by a requirement for farmers to pay an equitable
remuneration to the holder of the Community plant variety
right concerned . Small farmers are exempted . Regulation

( EC ) No 1768 / 95 recognizes that the Commission cannot at
present define, within the scope of discretion left to the
Community legislator under Article 14 ( 3 ) of Regulation

( EC ) No 2100 / 94, the level of such remuneration which,
however, must be lower than the amount charged for the
licensed production of propagating material . It requires that
the initial level as well as the system for subsequent changes

12 . 2 . 96 EN Official Journal of the European Communities No C 40 / 25

should be specified as soon as possible in the light of
experience gained, but not later than 1 July 1997 .

(') OJ No L 173, 25 . 7 . 1995 .

WRITTEN QUESTION E-2358 / 95

by Norman West ( PSE )

to the Commission

(1 September 1995 )

( 96 / C 40 / 47 )

Subject : European Coal and Steel Community Treaty

Can the Commissioner comment on the steps taken to
protect and finance the re-training measures in the
European Coal and Steel Community ( ECSC ) Treaty
following their transfer to the European Social Fund ?

Will adequate steps be taken to ensure the continuation of
the highly effective ECSC low-interest business
development loans when the measure is transferred to the
mainstream Treaty of Rome ?

Can the Commissioner comment and provide a
comprehensive update on the steps taken so far in the
so-called ' phasing in ' of European Coal and Steel
Community ( ECSC ) Treaty measures into the Treaty of
Rome ? Can the Commissioner also provide a timetable or
indication of any future steps in this process ?

Can the Commissioner provide an explanation of
expenditure and income under the main measures of the
European Coal and Steel Community ( ECSC ) Treaty for
each of the three years, together with a breakdown of future
budgetary plans ? What, if any, additional expenditure has
taken place or is planned in future years under the Treaty of
Rome in the case of measures that have already been
transferred ?

Answer given by Mr Liikanen

on behalf of the Commission

( 16 October 1995 )

Transfer of retraining measures from the European Coal
and Steel Community ( ECSC ) to the European Social Fund

( ESF )

The ESF is able to co-finance measures of this nature

formerly promoted by the ECSC . Workers in the ECSC
sectors benefited from ESF schemes long before this transfer
took place .

However, whilst ECSC funds were naturally reserved for the
co-financing of measures within the ECSC industries, these
industries now have to compete through national
authorities with others to obtain ESF resources for their

employees under the ESF horizontal regulations . Moreover,
whereas the Commission is autonomous in its granting of
ECSC aids, the programming of ESF intervention is done in
the framework of partnership between the Commission and
the relevant national, regional and local authorities .

In order to facilitate ECSC industries ' access to the

instruments of the EC Treaty, the Commission informed all
relevant parties, especially the ECSC industries, on the
contents and procedures of the ESF programmes in this
field .

The Commission is presently preparing a more detailed
study on this phasing-in procedure which will also indicate
to what extent workers of the coal and steel sectors

participated in ESF programmes .

Continuation of the ECSC re-conversion loan programme
under the EC Treaty

An equivalent instrument already exists under the rules of
the European Regional Development Fund ( ERDF ). The
willingness of the Member States to propose the
corresponding programmes decides to what extent this
instrument is actually used . Until now, demand has been
very low, mainly because preference is given to direct
investment subsidies .

The state of ' phasing-in '

Administrative measures are being taken to help the coal
and steel sectors get their full share of aid from the ESF, the
fourth framework programme and the ERDF . Nevertheless
the phasing in depends strongly on ECSC policy :

For re-adaptation aid, a maximum uptake of ECU 40
million by the ESF has been estimated . It is limited to
retraining measures . The remaining social aid will continue
to be supported by the ECSC budget .

For research, the factual data available from the first series
of calls for proposals of the fourth framework programme
shows that phasing-in of research is feasible but will remain
rather limited . This situation will not change greatly until
the fifth framework programme comes into force .

For conversion aid, the programmes Rechar and Resider
aim to foster economic conversion in previous coal and steel
areas . Maximum funding from the ERDF and the ESF for

1994 — 1997 amounts ECU 400 million for Rechar and

ECU 500 million for Resider .

Despite the possibility in the regulations, it is believed there
is no practical prospect of Member States wishing to use
their ERDF allocation for interest relief grants in place of
those now provided by the ECSC .

No C 40 / 26 EN Official Journal of the European Communities 12 . 2 . 96

Questions relating to the ECSC operational budget

In connection with the expenditure and income under the
ECSC Treaty for the past three years, the Commission
draws the Honourable Member 's attention to the comments

contained in the Commission 's annual memorandum on the
ECSC operating budget ( 1 ).

As regards future budgetary plans, the Commission has
adopted an illustrative scenario ( 2 ), with an underlying
hypothesis of a gradual ' phasing-out ' of ECSC activities .
This phasing-out will be accompanied by, firstly, a gradual
reduction in the levy leading to its abolition in 1988 and,
secondly, the use of financial reserves as they become
available through the reduction of borrowing and lending
operations . The Commission reviews these plans annually,
when preparing the operating budget .

Because of the recent enlargement of the Community,
appropriations for research expenditure in the 1995 and

1996 budgets have been increased . Expenditure on social
measures, on the other hand, is expected to decline as a large
part of the restructuring process has already been
completed . The total amount of re-conversion aids to be
granted will remain considerably below the sum projected,
reflecting the lower demand .

The funding of ex-ECSC measures transferred to the EC
Treaty is discussed annually when the general budget is
adopted . The continuing action undertaken to facilitate
access to the horizontal Community instruments ( see first
paragraph ) does not require additional funding .

(M 1994 : SEC(93 ) 1762 final ; 1995 : COM(94 ) 291 final ; 1995 :

SEC(95 ) 761 final, and 1996 : SEC(95 ) 834 final .

( 2 ) SEC(93 ) 1596 final .

WRITTEN QUESTION E-23 73 / 95

by Karl Schweitzer ( NI )

to the Commission

(1 September 1995 )

( 96 / C 40 / 48 )

Subject : 1996 budget estimates for ' International
environment ': cooperation in the field of nuclear
safety with the countries of central and eastern
Europe and the Commonwealth of Independent
States of the former Soviet Union

Under the ' International environment ' heading of the 1996
budget estimates, ECU 3,9 million has been earmarked for
cooperation in the field of nuclear safety with the countries
of central and eastern Europe and the Commonwealth of
Independent States of the former Soviet Union .

1 . For what specific purposes have the appropriations for
cooperation with the countries of central and eastern
Europe and the Commonwealth of Independent States
of the former Soviet Union in the field of nuclear safety
been earmarked ?

2 . Is there a real possibility of the residual balance under
this item being used for the reconversion or
decommissioning of nuclear power stations in eastern
Europe ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 16 October 1995 )

The budget heading to which the Honourable Member
refers is earmarked for carrying out the Commission 's policy
in the field of nuclear safety, particularly as concerns nuclear
power stations and waste, which between them account for
the main part of the budget in almost equal proportions .

By stepping up cooperation with the countries of central and
eastern Europe and the Commonwealth of Independent
States, the aim is to promote in the medium and long term
the effective transfer of Community knowledge in tackling
safety questions, both as regards the design of facilities and
their operation, with a view to raising installations in those
countries to a safety level comparable with those of the
West and to devise regulatory systems and procedures
of equivalent effectiveness throughout the European
continent .

Such action is performed by promoting joint studies
between bodies responsible for safety in the design and
running of nuclear power plants in the Community on the
one hand, and from the Eastern countries on the other hand,
so that they can analyse together the medium-term problems
posed by nuclear installation safety and define joint actions
which can contribute to the progress of nuclear safety in
Europe .

Subsequently, some of these actions could be supported by
assistance programmes or other means of financing on a
different scale .

WRITTEN QUESTION E-2381 / 95

by Glyn Ford ( PSE )

to the Commission

(1 September 1995 )

96 / C 40 / 49 )

Subject : Overbooking of non-scheduled airline flights

In the light of the advice to C. Shyne in the paperwork
forwarded separately ( detailing his right to pursue a claim

12 . 2 . 96 EN Official Journal of the European Communities No C 40 / 27

under Section 14 of the Trade Descriptions Act, but advising Answer given by Mrs Bjerregaard
of the practical difficulties of so doing ) and in view of the on behalf of the Commission
general acceptance of deliberate over-booking of holiday ( 18 October J 995 )
flights, has the Commission any plans to improve
air-travellers ' rights ?

Answer given by Mrs Bjerregaard

( 18 October J 995 )

The Commission is not in the possession of any results of the
Russian research programme concerned .

Answer given by Mr Kinnock

on behalf of the Commission

It will request the Russian authorities to provide it with such
( 18 October 1995 )
results and transmit a copy to the Honourable Member .

The Commission would refer the Honourable Member

to its answer to Written Question E - 1746 / 95 by Mr
Megahy ( x ).

In addition, the Commission can confirm that Council
Regulation ( EEC ) No 295 / 91 ( 2 ) does not deal with the issue
of overbooking as such . Overbooking is not illegal under
Community law, and most airlines overbook their
scheduled flights to a certain extent in order to compensate
for ' no-shows '. The policy of overbooking varies according
to airline and season . For instance, the rate of overbooking
increases during holiday periods . Most of the time
overbooking does not create significant problems since the
number of no-shows more than compensates for it .
Generally airlines find the appropriate balance in order to
avoid having to pay compensation for denied-boarding .
However, passengers are sometimes stranded . That is why
the Commission committed itself to taking certain actions in
its reply to Mr Megahy 's question .

I 1 ) OJ No C 257, 2 . 10 . 1995 .

( 2 ) OJ No L 36, 8 . 2 . 1991 .

WRITTEN QUESTION E-2385 / 95

by Mark Watts ( PSE )

to the Commission

(1 September 1995 )

( 96 / C 40 / 50 )

WRITTEN QUESTION E-2404 / 95

by Marjatta Stenius-Kaukonen ( GUE / NGL )

to the Commission

(1 September 1995 )

( 96 / C 40 / 51 )

Subject : Age limits for the recruitment of European Union

officials

When European Union bodies advertise open competitions
for EU posts, they also lay down age limits, which exclude
those born before the given date . The age limit in these
competitions is usually 30, and 35 for the new Member
States during a transition period .

The recruitment practice leads to both problems in
recruiting the best possible workforce and obvious sexual
discrimination . The demanding jobs in the European Union
bodies require not only a formal education, but general and
varied experience of different areas of life . The age limits for
the open competitions do not place applicants from
different countries in an identical position . In the new
Member States there are many applicants meeting the
criteria, who have previously been unable to apply for EU
posts, but are now above the age limits .

Subject : Seal culling in the White Sea

For example, in Finland the age of graduation from higher
education is higher than in western and southern Europe . A

In the Commission 's answer to Oral Question H-821 / 94 ( J ), general feature of Finnish culture is that people tend to start
it stated that ' all aspects of the 1 995 White Sea seal hunt will families and begin work while they are still studying . The
be the subject of a research programme '. European Commission claims that it is making concerted

efforts to prevent any discrimination in either the selection
procedures or in making appointments to Commission

What are the findings from this research programme ? departments . However, setting age limits actually places

male and female applicants in an unequal position . Women
(') Debates of the European Parliament No 4-457 ( January tend to have children precisely around the age of 30, thereby
1995 ). making it considerably more difficult for them to qualify by

In the Commission 's answer to Oral Question H-821 / 94 ( J ),
it stated that ' all aspects of the 1 995 White Sea seal hunt will
be the subject of a research programme '.

What are the findings from this research programme ?

No C 40 / 28 EN Official Journal of the European Communities 12 . 2 . 96

this age . Women in particular only tend to be interested in
demanding jobs abroad once their children have grown up,
in other words in their forties . Men 's and women 's careers

are therefore different, and comprise different stages . In this
way, an apparently sexually neutral age limit actually leads
to sexual discrimination .

In view of the above, does the Commission intend to change
the discriminatory practice of age limits ? Does the
Commission intend to raise the age limits, at least for the
new Member States during the transition period ?

Answer given by Mr Liikanen

on behalf of the Commission

( 11 October 1995 )

As a general rule the Commission applies an age limit of 35
for admission to open competitions for the recruitment of
officials to posts at the starting grade . The age limit for grade
A8 competitions is 32 . The age limits, particularly in the case
of A competitions, have been set to make allowances for the
comparatively lengthy degree courses offered in the
educational systems of certain Member States .

These age limits have been applied in the competitions for
admission at the starting grade for nationals of the three new
Member States . For the ' enlargement ' competitions for the
middle and senior grades, on the other hand, the age limit
was set at 50, and 55 in the case of management posts .

In certain circumstances the age limit for all starting grade
competitions can be raised, for example for male or female
candidates who have taken at least a year off work for the
purpose of looking after a dependent child below
compulsory school age or suffering from a serious mental or
physical disability . The extension allowed is two years per
child, up to a maximum of five years .

It will be clear from the above that in the case of a number of

competitions organized in connection with the accession of
Austria, Finland and Sweden, the Commission has been
applying considerably higher age limits than is normal
practice .

Experience has shown that setting an age limit does not
prevent women from taking part ; on the contrary, it
encourages them, in the knowledge that candidates '
mobility tends to decrease with age and distance .

Another point is that the majority of Finnish and Swedish
candidates in the grade A8 competition for the new Member
States are women .

Similarly, in the grade A7 / 6 competition, for which the age
limit is . 35, 40 % of the successful Finnish and Swedish
candidates are women .

WRITTEN QUESTION E-2409 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

(1 September 1995 )

( 96 / C 40 / 52 )

Subject : Environmental protection measures following the

forest fires in Attica

The fires which recently swept southern Attica are the most
destructive the region has experienced for 50 years .
According to preliminary estimates, some 4 000 hectares of
forestry in areas very close to Athens have been
destroyed .

Given that the environmental consequences of these fires on
the Athens basin will be dramatic, measures and actions are
needed to re-afforest the affected areas, where necessary to
facilitate the natural re-generation of the burnt areas, by
protecting them from land-grabbers and illegal grazing to
undertake fire prevention schemes throughout Attica . With
a view to tackling these problems, does the Commission, in
cooperation with the Greek Government, intend to review
the Attica Regional Programme and, possibly, the sectorial
programme for the environment in order to fund efforts to
repair the environmental damage in the affected areas ?

Answer given by Mr Fischler
on behalf of the Commission

( 18 October 1995 )

The Commission views with particular concern the serious
problem of the fires which each year ravage hundreds of
thousands of hectares in the southern parts of the
Community .

Any request for a modification of the programme laid down
for Attica could be considered by the Commission . The
Greek authorities would then have to present the projected
changes through the channels established under the
Community support framework .

12 . 2 . 96 EN Official Journal of the European Communities No C 40 / 29

WRITTEN QUESTION E-24 12 / 95

by Caroline Jackson ( PPE )

to the Commission

(1 September 1995 )

( 96 / C 40 / 53 )

Subject : Directive 78 / 176 / EEC on waste from the titanium

dioxide industry

Under the terms of Directive 78 / 176 / EEC (') on waste from
the titanium dioxide industry, Member States are to prepare
a report every three years on the prevention and progressive
reduction of pollution caused by waste from the titanium
dioxide industry and forward such reports to the
Commission . The Commission is to report every three years
to the Council and to Parliament on the application of this
Directive .

1 . Which Member States have complied with this
requirement, and

2 . when does the Commission intend to comply with the
Directive itself, by sending the required reports to
Parliament ?

(') OJ No L 54, 25 . 2 . 1978, p . 19 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 19 October 1995 )

As stipulated in Directive 78 / 176 / EEC on waste from the
titanium dioxide industry, Member States are required to
draw up reports every three years and send them to the
Commission which must publish a Community report on
the application of this Directive .

Member States complied with this requirement in the
periods 1978—1980, 1981—1983 and 1984—1986 and
the Commission submitted its reports concerning those
periods .

The reporting system was not found to be satisfactory . A
great number of problems arose when data from the
different Member States were compared which greatly
hampered the effectiveness of the system . The result was
that the Commission was obliged to implement Directive
91 / 692 / EEC (') aimed at the standardization and
rationalization of reports .

In accordance with this Directive, reports have to be drawn
up on the basis of a questionnaire proposed by the
Commission and discussed in the Member States in order to

establish as clearly as possible what information has to be
supplied and to standardize its presentation in such a way
that effective and precise comparisons of these data can
be made . The questionnaire for Directive 78 / 176 / EEC
was formally adopted by Commission Decision
92 / 446 / EEC ( 2 ).

The first report from the Member States regarding this
Directive under the new system covers the period
1993— 1995 . Article 2 of the abovementioned Directive

91 / 692 / EEC stipulates that Member States will be obliged to
forward to the Commission data for the period 1993 — 1995
in September 1996 . The Commission will publish a
Community report on the implementation of the Directive
within nine months of receiving the reports from the
Member States .

(') OJ No L 377, 31 . 12 . 1991 .

( 2 ) OJ No L 247, 27 . 8 . 1992 .

WRITTEN QUESTION E-2425 / 95

by Alex Smith ( PSE )

to the Commission

(1 September 1995 )

( 96 / C 40 / 54 )

Subject : Radiological leakage in the Atlantic

It has been reported in the ' New Scientist ' of 22 July 1995
that plutonium is leaking from drums of nuclear waste
dumped in the Atlantic ocean off the north-east coast of
Spain, and that the International Atomic Energy Agency 's
Marine Environment Laboratory in Monaco has identified
samples of the plutonium-238 isotope in concentrations
three to seven times higher than elsewhere .

The German Federal Research Institute for Fisheries is

reported to be concerned about the contamination of
deep-sea animals such as star fish and sea cucumbers .

What information has the Commission, JRC or Euratom on
the potential effects on the oceanic environment and fishing
grounds used by EU Member States of the radiological
leakage in the Atlantic ? And are there any plans for the
Commission to take over the coordinated research and

environmental surveillance programme ( CRESP ) of the
OECD 's Nuclear Energy Agency which is threatened with
closure ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 16 October 1995 )

It is true that traces of plutonium have been detected in the
Atlantic Ocean off the north-east coast of Spain . The
isotopic composition of this plutonium suggests that it could
come from packages of radioactive waste disposed of in this
area in the past .

No C 40 / 30 | EN 1 Official Journal of the European Communities 12 . 2 . 96

The extremely low levels of activity measured, however,
which are within the fluctuation limits of plutonium
concentrations in seawater, do not seem to present
significant radiological risks . The Commission does not feel,
consequently, that it is necessary in this context to take any
special measures regarding this question . Its position
is, moreover, supported by the International Atomic
Energy Agency 's laboratory in Monaco, which took the

measurements .

WRITTEN QUESTION E-2440 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

(1 September 1995 )

The conduct of environmental-impact studies and the
division of the Region among the various economic
activities, including aquaculture, and acquisition of data
relating to water quality in the Astakos region are within the
competence of the Member State .

The financing of studies proposed by the Member State can
be considered on a partnership basis ( Commission / Member
State ) either under the Regional Operational Programme or
under the Fisheries Operational Programme and Pesca

( Greece ), the Community restructuring initiative, where the
studies in question may contribute to the attainment of the
relevant objectives .

WRITTEN QUESTION E-2445 / 95

by Bartho Pronk ( PPE )

( 96 / C 40 / 55 ) to the Commission

(1 September 1995 )

Subject : Problems regarding the concentration of fish farms 96 / C 40 / 56 )

in Astakos

The establishment of fish farms in various regions of Greece
very frequently leads to friction among the local inhabitants
either owing to clashes in economic interests or for
environmental protection reasons .

In the broader region of Astakos in Aitoloakarnania, 1 1 fish
farms are already operating and the new licence which has
recently been granted to ' Thalassa A. E. — Greek food ' has
sparked off a storm of protest by local government bodies
and organizations which stress that the region already has
more than enough fish farms and that the establishment of a
new farm will impose a further burden on the marine
environment and have an adverse effect on tourism and

traditional fishing . Given that the Commission finances
investments in fish farms, will it say :

1 . Has any environmental impact study of environmental
conditions been drawn up in respect of the
establishment of the above fish farm in Astakos ?

2 . Has any regional planning study been drawn up on fish

farms and other economic activities in the region ? If not,
does it intend to contribute to the drawing up of such a
study ? Is any information available on the quality of sea
water in the region of Astakos ?

Answer given by Mrs Bonino

on behalf of the Commission

(4 October 1995 )

Subject : Discrimination arising from translation costs in

connection with invitations to tender

1 . It is true that, in issuing invitations to tender for
studies by external consultancies, the Commission requires
the tenders submitted to include translation costs, which
hence become a factor in deciding whether or not to award a
contract to a given consultancy ?

2 . Is it true that the Commission requires consultancies
to submit reports on their findings in English or French,
which means that consultancies from the United Kingdom
and France are automatically placed at a competitive
advantage over consultancies from other Member States
when tenders are submitted ?

3 . Does the Commission agree that this constitutes
discrimination against consultancies from certain Member
States and that the cost of translation required by the
Commission should be treated as ' ex-budget ' and not
included in the tenders submitted, since only this is a fair
comparison possible between tenders from various Member
States ?

4 . If the answer to the above three questions is in the
affirmative, will the Commission accordingly amend its
procedure for issuing invitations to tender for studies by
external consultancies, with a view to ensuring that such
discrimination can no longer occur ?

Answer given by Mr Liikanen

on behalf of the Commission

( 16 October 1995 )
The Commission has no information on this new project

being developed off Astakos . In the same region, however, in
1992 and with the same firm ' Thalassa A.E. — Greek Food '

the Commission financed a project licensed for
environmental requirements .

1 . In its procedures for the award of public contracts the
Commission accepts tenders in all the official Community
languages .

12 . 2 . 96 EN Official Journal of the European Communities No C 40 / 31

2 . Study contracts concluded with successful tenderers
sometimes stipulate that the reports concerned have to be
submitted in one or more specific languages, depending on
the aims of the study and associated requirements .

3 . In cases where reports have to be submitted in a
language other than that of the tenderer, provision is
normally made for the relevant translation costs to be
charged to the Commission and they have to be quoted
separately so that they are not taken into account when
tenders are compared .

4 . The Commission will look into this matter and decide

what further action, if any, needs to be taken .

WRITTEN QUESTION E-2457 / 95

by Ian White ( PSE )

to the Commission

(1 September 1995 )

( 96 / C 40 / 57 )

Subject : Recognition of driving qualifications

Given that the UK Driver and Vehicle Licensing Agency
would accept LGV licences issued from other EEC Member
States for exchange purposes, providing this was applied for
within a five-year period from entering Great Britain

( although they have only one year to drive on the road
legally ), would the Commission advise whether a reciprocal
arrangement is in force in all other Member States,
particularly France, where UK drivers have been denied the
right to exchange licences, thereby preventing them from
seeking employment connected with such licences ?

Answer given by Mr Kinnock

on behalf of the Commission

( 19 October 1995 )

Recognition and exchange of driving licences in the
Community are covered by Council Directive
80 / 1263 / EEC ( l ) of 4 December 1980 and in particular
Article 8 which reads as follows :

' The Member States shall provide that, if the holder of a
valid national driving licence or valid Community model
licence issued by a Member State takes up normal
residence in another Member State his licence shall

remain valid there for up to a maximum of a year
following the taking up of residence .

At the request of the holder within that period, and
against surrender of his licence, the State in which he
has taken up normal residence shall issue him with
a ( Community model ) driving licence for the
corresponding category or categories without subjecting
him to the conditions laid down in Article 6 ( passing new
tests ). However, that Member State may refuse to
exchange the licence if its national regulations, including
medical standards, preclude the issue of the licence .'

A further development will be introduced by Council
Directive 91 / 439 / EEC ( 2 ) of 29 July 1991 which provides
for mutual recognition of driving licences without
compulsory exchange . Although this Directive is only due to
enter into force on 1 July 1996, all Member States already
accept in practice the exchange of driving licences even after
the one year limit has expired . However, until the new
Directive enters into force, and as the Honourable Member
recognises in his question, holders may drive with their old
licence only during the first year of taking residence .

(M OJ No L 375, 31 . 12 . 1980 .

( 2 ) OJ No L 237, 24 . 8 . 1991 .

WRITTEN QUESTION E-2463 / 95

by Wolfgang Kreissl-Dorfler ( V ) and Magda Aelvoet ( V )

to the Commission

(1 September 1995 )

( 96 / C 40 / 58 )

Subject : Use of funds from the Chaco / Paraguay EU
development aid project ( ALA / 93 / 40 )

There have recently been several reports of the possible
misappropriation of EU development aid funds from the
programme for sustainable development of the Chaco,
Paraguay ( conservation of the habitat of the indigenous
population and the environment ), e.g.

— according to investigations by the European Alliance

with Indigenous People, none of the ECU 4 million
earmarked for buying back the land of the indigenous
population has yet been used for that purpose,

— the media in Paraguay have reported that the ECU 14,8

million granted for the above project had no conditions
attached ;

— according to a United Press International report of

30 January 1995, the Paraguayan Foreign Minister
described the plan to make 600 000 hectares available
for 35 000 people as pure fantasy ;

No C 40 / 32 I EN Official Journal of the European Communities 12 . 2 . 96

— a study carried out by the Paraguayan anthropologist S.

Kidd of the Enxet people, intended to be the
beneficiaries of the Chaco project concluded that the
sole purpose of every piece of Paraguayan legislation to
protect the native population was to improve Paraguay 's
international image .

1 . Is the Commission aware of these allegations and the
reports in the Paraguayan media ?

2 . Is the execution of the project conditional on the
expenditure of ECU 4 million on buying back land
on behalf of the indigenous people ?

3 . How is the proper utilization of the funds currently
being monitored ?

4 . What does the Commission intend to do if enquiries
confirm these charges ?

5 . Is the Commission prepared to keep the European
Parliament 's Committee on Budgetary Control fully
informed of the future execution of the Chaco

project ?

Answer given by Mr Marin
on behalf of the Commission

(6 November 1995 )

1 . The Commission is aware of the reports in certain
sections of the Paraguayan media . It would point out that
project ALA / 93 / 40 is still at the signing stage and so not a
single ECU has yet been spent .

2 . The Commission would refer the Honourable

Members to the answer given to Written Question
E-2334 / 95 from Mr Vandemeulebroucke ( M.

3 . Monitoring is carried out on the basis of the Financial
Regulation . In this instance, no money has yet been spent
and so there has been no ex-post monitoring .

4 . See above points .

5 . The Commission has always been ready to keep
Parliament fully informed and will continue to do so .

(') OJ No C 9, 15 . 1 . 1996, p . 30 .

WRITTEN QUESTION E-2488 / 95

by Bartho Pronk ( PPE )

to the Commission

( 11 September 1995 )

( 96 / C 40 / 59 )

Subject : Pedestrians ' Charter

1 . Is the Commission aware of the European Charter of
Pedestrians ' Rights adopted by the European Parliament in
October 1988 ( resolution A2-154 / 88 ('))?

2 . Can the Commission detail what measures have been

taken since then to put this resolution into practice ?

(') OJ No C 290, 14 . 11 . 1988, p . 51 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

(6 November 1995 )

The Commission is fully aware of the European Charter of
pedestrian 's rights adopted by the Parliament in 1988, and
together with Member States, local authorities and other
actors such as industry, is undertaking a number of actions
to protect pedestrians ' rights . Among these are :

— measures to improve the urban environment, forming

part of the fifth environmental action programme such
as legislation and other actions to improve air quality,
reduce noise and to encourage a reduction in the use of
the private car in urban areas . In this context the
Commission is supporting the car free cities network
which brings together some . 50 European cities and
which is paying particular attention to the role cycling
and walking can play in improving urban mobility ;

— measures to improve vehicle safety and the
environmental performance of motor vehicles . The
emissions of potentially harmful gases and particulates
from motor vehicles is a subject of constant legislative
activity with the aim of reducing permitted levels ;

— measures to encourage a wider use of public transport

including the publication of a green paper on passenger
transport and measures to help realise its potential . The
basis of the paper was presented to the Parliament 's
transport and tourism committee on 25 October
1995 .

As far as pedestrians are concerned, there is also great
potential for reducing the danger from the passenger car .

12 . 2 . 96 EN Official Journal of the European Communities No C 40 / 33

Research by the European experimental vehicle committee

( EEVC ) has led to a draft standard for design of the car
frontal structure and bonnet to soften the impact on
vulnerable road users, especially pedestrians, particularly at
low speeds . There is a difference of opinion between
industry and governmental research laboratories as to the
cost effectiveness of such a standard and the Commission is

considering the possibility of a Directive for a less aggressive
frontal structure .

WRITTEN QUESTION E-25 15 / 95

by Michl Ebner ( PPE )

to the Commission

( 15 September 1995 )

The recent report of the consultative commission on racism
and xenophobia included a number of recommendations
aimed at providing a legal framework, at both national and
Community level, for the police and judicial systems to
counter manifestations of racism and xenophobia . The
Commission believes that these recommendations should be

fully explored . The Commission is, however, precluded, by
Title VI of the Treaty on European Union, from launching
an initiative on racism and xenophobia in the area of judicial
cooperation in criminal matters . Nevertheless, the
Commission has expressed its support for a Spanish
Presidency proposal to combat racism and xenophobia
which takes on board many of the relevant
recommendations of the consultative commisson .

( 96 / C 40 / 60 ) WRITTEN QUESTION E-25 19 / 95

by Yannos Kranidiotis ( PSE )

Subject : Ban on nazi and fascist insignia and symbols

Although there have been celebrations of the fiftieth
anniversary of the end of the Second World War and hence
the end of fascist and nazi tyranny, there is evidence in
Europe today of trends towards racism and xenophobia
which cannot be ignored .

In this connection I should like to inform the Commission

that in early December 1994 a public house in Bolzano

( South Tyrol — Italy ) was offering a special wine with a
portrait of Benito Mussolini on the label . Court proceedings
were initiated by a member of the Landtag but no action was
taken by the examining magistrate on the grounds that this
did not constitute glorification of fascist personalities or
ideology . In April 1995 the same public house was offering
for sale a ' Fiihrer wine ' with Hitler 's portrait on the
label .

In the light of the final report of the Advisory Committee on
' Racism and Xenohobia ' and, in particular, point 6 of the
report of the Subcommittee on ' Police and Justice ' which is
concerned with the dissemination of racist material, and in
the spirit of the resolution of the European Council of
Cannes on 26 and 27 June, what does the Commission
intend to do to prevent such scandalous incidents which
could lead to fascist / nazi dictators and their ideology
becoming socially acceptable which would have very serious
consequences at a time of growing instability ?

Answer given by Mrs Gradin
on behalf of the Commission

( 23 October 1995 )

The Commission shares the Honourable Member 's concern

about the dissemination of racist material, and his view that
action should be taken at Community level to address the
problems of racism and xenophobia .

to the Commission

( 15 September 1995 )

( 96 / C 40 / 61 )

Subject : Illegal exports from occupied Cypriot territory

The Commission 's answer to my Question H-433 / 95 (') on
illegal exports of products originating in the occupied part
of Cyprus ignores the judgment of 5 July 1994 of the
European Court of Justice in Case C-432 / 92, which gave an
authoritative interpretation of Directive 77 / 93 / EEC ( 2 ) and
held inter alia that :

' Directive 77 / 93 / EEC therefore precludes acceptance by
the authorities of a Member State, when citrus fruit or
potatoes are imported from Cyprus, of phytosanitary
certificates issued by authorities other than the
competent authorities of the Republic of Cyprus '

( paragraph 65 ).

The Commission 's continued refusal to give a straight
answer, based on the case-law of the ECJ, to the question
what specific steps it will take in this matter could leave the
impression that, even though the Commission is aware — or
at least considers it likely — that Community legislation and
case-law are continually being infringed, it is not doing
anything to prevent such infringements, as is its duty .

The Commission is attempting to interpret Directive
77 / 93 / EEC arbitrarily and reaches conclusions which
conflict with the judgment of the ECJ .

However, this issue cannot be divided up and a uniform
approach should be taken for all the products which are
covered by ( or referred to by ) the judgment of the ECJ and
which fall within the scope of Directive 77 / 93 / EEC .

What steps has the Commission taken to prevent illegal
exports to the EU from the Turkish-occupied part of

No C 40 / 34 EN Official Journal of the European Communities 12 . 2 . 96

Cyprus, which also threaten to distort competition within originating in Cyprus and imported into the Community via
the Community ? Turkey are covered by the exception provided for in

Article 9 so that a valid phytosanitary certificate may be
(') Debates of the European Parliament ( July 1995 ). made out in the consigning country .

( 2 ) OJ No L 26, 31 . 1 . 1977, p . 20 .

f 1 ) OJ No L 26, 31 . 7 . 1977 .

( 2 ) OJ No L 212, 22 . 7 . 1989 .

Answer given by Mr Van den Broek

on behalf of the Commission

( 13 November 1995 )

The Commission does not consider that the circumstances

in which the products referred to by the Honourable
Member were imported go against the Court 's judgment .
The Commission 's view is based on the following
considerations :

The Court decision applies only to direct imports from

Cyprus and regards as invalid any phytosanitary certificates
made out by authorities other than those of the Republic of
Cyprus . The imports in question ( lemons ) reach the
Community via Turkey .

Article 9 of Directive 77 / 93 / EEC ( ] ), as amended
by Directive 89 / 439 / EEC ( 2 ), envisages phytosanitary
certificates being issued in certain cases by the authorities of
a country other than the country of origin of the goods . The
wording is as follows :

' 1 . In the case of plants, plant products or other
objects to which special requirements laid down in
Annex IV, Part A apply, the official phytosanitary
certificate required pursuant to Article 7 shall have been
issued in the country in which the plant, plant products
and other objects originate, save :

— in other cases, to the extent that the special

requirements laid down in Annex IV Part A can be
fulfilled also at places other than that of origin .

2 . Paragraph 1 shall also apply to the introduction of
the plants and plant products listed in Annex IV, Part B,
into the relevant Member States whose names are

indicated against those products in that part of the
Annex .'

The particular requirements the Directive lays down for
lemons ( and other citrus fruit ) originating in Cyprus ( and
Turkey ) are those set out in point 16.1 of Annex IV, Part A,

Chapter I, i.e. :

' There must be no stalks or leaves on the fruit and the

packaging must bear an appropriate indication of
origin .'

Stricter conditions are set out in subsequent points which do
not apply to Cyprus ( or Turkey ) as the citrus diseases
mentioned do not occur there .

As the requirements of point 16.1 can be checked visually in
the consigning country, it must be concluded that citrus fruit

WRITTEN QUESTION E-2521 / 95

by Robert Sturdy ( PPE )

to the Commission

( 15 September 1995 )

( 96 / C 40 / 62 )

Subject : Income aids for hop producers

Can the Commission explain the difficulties which they
appear to have annually in producing a report on hop
production and marketing around 30 April as stated in
Regulation ( EEC ) No 1696 / 71 ( J )?

As these difficulties lead to a delay in the payment of income
aids to producers, would it not be possible to amend the
scheme so that an advance is payable before the calculation
of the final rate of the income aid ? As the cost of harvesting

( especially labour ) is a major load on producers, it is vitally
important that the income aid is made available before this
time so as to ease their cash-flow situation .

Would the Commission consider introducing an advance
payment as already happens in other sectors to ensure that
hop producers receive a large part of the income aid before
the harvest of the following year ?

( ] ) OJ No L 175, 4 . 8 . 1971, p . 1 .

Answer given by Mr Fischler
on behalf of the Commission

( 18 October 1995 )

The Honourable Member is right to point out that the
report on hop production has been delayed, although only
by a few weeks .

The reason for this delay is that some Member States were
late in supplying data necessary for the completion of the

report .

The Commission is considering ways of improving the

situation with a view to guaranteeing the payment of aid to
producers on time .

12 . 2 . 96 EN Official Journal of the European Communities No C 40 / 35

WRITTEN QUESTION E-2524 / 95

by Elly Plooi j      - van Gorsel ( ELDR )

to the Commission

( 15 September 1995 )

( 96 / C 40 / 63 )

Subject : European navigation licence for high-speed
self-propelled water vehicles

1 . Is the Commission aware that water-scooters, or jet
skis, seriously endanger the safety of the public in recreation
areas ? They regularly cause accidents, some of which are
even fatal .

2 . Is water traffic safety in the interest of all water users,
particularly in recreation areas ?

3 . Is a certain amount of skill required to operate
high-speed self-propelled water vehicles ( including
water-scooters ), comparable to that required to drive a road
vehicle ?

4 . Would it be desirable to introduce a European
navigation licence to promote safety on our waters and in
our recreation areas ?

of laws, regulations and administrative provisions of the
Member States relating to recreational craft ( 2 ).

(') COM(93 ) 66 final .

( 2 ) OJ No L 164, 30 . 6 . 1994 .

WRITTEN QUESTION E-2525 / 95

by Elly Plooii-van Gorsel ( ELDR )

to the Commission

( 15 September 1995 )

( 96 / C 40 / 64 )

Subject : Noise nuisance caused by water-scooters

1 . Is the Commission aware that water-scooters, or
jet-skis, cause much environmental nuisance in recreation
areas ( noise nuisance, pollution of surface waters )?

2 . Will the Commission adopt standards for the level of
noise emitted by water-scooters in order to prevent noise
nuisance ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

Answer given by Mr Kinnock ( 27 October 1995 )

on behalf of the Commission

( 16 October 1995 ) The Commission is aware that water scooters can cause
some environmental problems in recreation areas, notably
noise nuisance .

The Commission attaches the highest importance to the
protection and safety of life at sea and is aware of the specific
safety problems related to the operation of fast motorcraft,
such as water-scooters and jet-skis, in coastal and inland
recreational waters .

It is the Commission 's opinion that such activities should
take place in safe conditions, both for those on board the
fast craft and for other water users in the same area . In this

respect the skill and basic nautical knowledge of the
operators of such craft is a major factor in ensuring a high
level of safety in recreational waters .

The Commission, in the action programme contained in its
communication 'a common policy on safe seas ' (*), has so
far concentrated its efforts on maritime safety and
environment protection related to merchant shipping . The
Commission will, however, consider whether and how value
can be added to national initiatives on the safety of
recreational craft at European level, for example, through
guidelines on protective measures .

Indeed, it is the Commission 's intention to examine the
advisability of a framework Directive for enhancing the
safety of recreational navigation and the protection of
recreational waters as a complementary measure to
Directive 94 / 25 / EC of 16 June 1994 on the approximation

Noise pollution in general is of increasing concern to citizens
and policy makers in the Community . In 1996 the
Commission will present a communication on future noise
policy, to include an integrated action plan on noise
abatement .

The Commission has no plans for specific legislation
concerning the levels of noise emissions from water

scooters .

WRITTEN QUESTION E-2545 / 95

by Wolfgang Kreissl-Dörfler ( V )

to the Commission

( 20 September 1995 )

( 96 / C 40 / 65

Subject : European Union projects in Guatemala since

1993

It is stressed that the implementation of European Union
projects in Guatemala is linked to certain conditions

No C 40 / 36 EN Official Journal of the European Communities 12 . 2 . 96

concerning improvements in the human rights situation and
democratization, as well as progress in the peace process . In
this context, what consequences will this year 's reports by
Monica Pinto, the independent human rights expert
appointed by the UN, and by the UN Mission to Guatemala

( Minugua ) have for the implementation of those
projects ?

What do projects ALA GUA 9481, 9489 and 9490
comprise ? At what stage of implementation are they ? What
work has been carried out so far ?

What does project ALA GUA 9355 comprise, specifically in

Asia / Latin America ( ALA ) projects 94 / 81, 94 / 89 and 94 / 90,
targeting the Totonicapan, Baja Verapaz and Alta Verapaz
departments respectively, are ' integrated rural development '
operations running for four to five years and designed to
maximize the development potential of specific areas . They
comprise technical assistance to small-holders, provision of
agricultural credit, support for grassroots organizations,
training, help with the marketing of produce, environmental
protection measures, support for small businesses and some
basic infrastructure work . They were approved towards the
end of 1994 and are due to get under way shortly . The
Commission is currently selecting the European firms to
carry out the projects .

Guatemala ?

ALA project 93 / 55 includes three components : measures to
strengthen the identity of indigenous peoples, measures to
protect the environment and stimulate the economy in areas

Has project ALA GUA 9322 been completed ? What did this where they live and measures to protect their collective
project comprise ? How is the success of the project rights . The measures address problems common to all of
assessed ? Central America 's indigenous people, though they will be

implemented in a way that reflects the specific circumstances
of each country . The project : budget includes an indicative
Are further European Union projects planned in El Quiche ECU 2 million reserve for Guatemala .
Department ? If so, when are they scheduled to start, in what
localities, and what will they comprise ?

Has project ALA GUA 9322 been completed ? What did this
project comprise ? How is the success of the project
assessed ?

Are there plans to extend development aid in the event of a
peace treaty being signed ? If so, on what scale and in what
form ?

ALA project 93 / 22 targets El Quiche Department and is also
an integrated rural development project closely resembling
those described above . Implementation started in February
and the project is due to run for four years .

At the moment the Commission is not planning any further
projects for El Quiche, partly because of the considerable
funds ( ECU 17,5 million ) already earmarked for project
Answer given by Mr Marin 93 / 22 .
on behalf of the Commission

( 25 October 1995 )

Some of the Community-financed projects in Guatemala
involve targeted support for democratization and the
promotion and active defence of human rights via
institutional bodies and organizations having specific
interest or experience in these matters .

Virtually all the other projects are intended to provide the
poorest members of society, who tend to be the victims of
human rights violations, with a better standard of living and
easier access to basic services .

The Commission shares the Honourable Member 's concern

about the violent, unpunished crimes against fundamental
human rights categorically denounced in reports by
Minugua and the UN 's independent expert, Monica Pinto,
but feels that in today 's conditions a positive approach
encouraging respect for human and democratic rights is the
best way to sustain the peace process and foster
democratization and full restoration of the rule of law in

Guatemala .

A considerable amount of aid has gone to Guatemala in the
last two years in recognition of the hopeful outlook for the
peace process . The Commission has not entered . into any
commitment to increase cooperation should a peace treaty
be signed, but could be expected to continue providing aid
on a significant scale to meet the needs that would arise in
that event .

In any case, the broad outlines of future cooperation
activities can already be discerned : measures to accompany
the peace process ( re-integration of refugees and displaced
or demobilized persons into productive life ); enhancement
of civil society and the rule of law ( better training for the
civilian police force and improvemens in the machinery of
justice ); support for sectoral policies ( with particular
emphasis on health, education and training ); modernization
of government departments ( starting with the finance
ministry, to strengthen the tax base ); and support for
administrative decentralization .

12 . 2 . 96 EN Official Journal of the European Communities No C 40 / 37

QUESTION E-2548 / 95 liable to raise doubts as regards compliance with

Hyland ( UPE ) Article 130t of the Treaty, which ensures that Member

States can maintain or introduce more stringent protective

Commission

measures ? Does it also take the view that ordinary drinking

September 1995 ) water which consumers draw from a public supply network

( 96 / C 40 / 66 may be considered to be a general commodity within the
meaning of the Treaty ?

WRITTEN QUESTION E-2548 / 95

by Liam Hyland ( UPE )

to the Commission

( 20 September 1995 )

Subject : Privately owned ports (') COM(94 ) 612 — OJ No C 131, 30 . 5 . 1995, p . 5 .

Can privately owned ports benefit from Structural Fund
grant-aid under the existing Community Support
Framework for Ireland ?

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 26 October 1995 )
Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 17 October 1995 )

The transport operational programme for Ireland

( 1994 — 1999 ) includes two measures for Community aid to
ports, namely measure N6 ' commercial seaports ' and
measure S4 ' regional ports '.

Although none of the commercial seaports are currently
privately owned, a change in ownership would not prevent
future owners ( public or private ) from benefiting under the
measure . Private sector owners of regional ports can benefit
under the regional ports measure .

In both cases project proposals would have to meet the
selection criteria laid out in the programming document in
order to be eligible . As with all Structural Fund
programmes, responsibility for day-to-day management

( including the selection of projects for support ) rests with
the national authorities . In this instance it is to the

Department of the marine that applications should be
addressed .

WRITTEN QUESTION E-25 5 3 / 95

by Christian Rovsing ( PPE )

to the Commission

( 20 September 1995 )

96 / C 40 / 67

Subject : Proposal for a Directive on the quality of drinking

water

Is the Commission aware that its proposal for a Directive on
the quality of water intended for human consumption ( J ) is

Article 130(t ) of the EC Treaty stipulates that the measures
adopted pursuant to Article 130s shall not prevent any
Member State from maintaining or introducing more
stringent protective measures, that such measures must be
compatible with the Treaty, and that they shall be notified to
the Commission .

Article 6(5 ) of the proposal cited by the Honourable
Member stipulates that Member States may take more
stringent protective measures only after three months and
provided that the Commission 's opinion is not negative .
Article 6(5 ) of the proposal foresees a decision through a
committee procedure in the event of a negative opinion .

In view of the provisions of the Treaty, the effect of the
proposal will be that the Commission may only give a
negative opinion if the measures are introduced in a way
which is not compatible with the Treaty . Member States '
right to introduce stricter standards will therefore not be
affected by the adoption of the proposal .

Although drinking water supplied through the public
accessible distribution network is generally provided to the
public in the Member States, and therefore, it could be
argued, is a commodity, the Commission is aware that
hardly any of this drinking water crosses the borders of
Member States . However, the Commission considers that
this will not necessarily be the case in the future and that this
option should not be ruled out, not only for emergency
situations but also where delivery of drinking water across
borders can be beneficial on both sides of the borders . The

Commission has therefore in Article 13 of its proposal
proposed an obligation for Member States not to prohibit or
restrict the free circulation of drinking water, on grounds
relating to its quality, provided it meets the minimum
requirements of the Directive .

No C 40 / 38 EN Official Journal of the European Communities 12 . 2 . 96

QUESTION E-2554 / 95 statistical evidence derived from national published sources .

Kenneth Coates ( PSE ) The quality and comparability of the data form part

to the Commission of the overall appreciation of such proposals by the
Commission .

WRITTEN QUESTION E-2554 / 95

by Kenneth Coates ( PSE )

( 20 September 1995 )

( 96 / C 40 / 68 ( 1 ) OJ No L 193, 31 . 7 . 1993 .

Subject : Objective 2 status : Unemployment statistics

In the re-assessment to determine which areas will in future

qualify for Objective 2 status, what weight is given to
statistics showing the rate of unemployment in different
regions ?

What steps are being taken to ensure that regional
unemployment statistics are accurate and strictly
comparable ? Will Eurostat be asked to evaluate these
statistics, and contrast them with others from different

sources ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 16 October 1995 )

Eligibility for Objective 2 of the Structural Funds is
determined according to the criteria contained in
Article 9(2 ) of Regulation ( EEC ) No 2052 / 88 as
amended ( ! ). In essence, these criteria are designed to
identify areas experiencing structural problems as a result of
industrial decline . Unemployment is a key indicator of the
existence of such structural problems and the criteria in the
Regulation reflect its central role, explicitly or implicitly, in
determining the list of Objective 2 areas .

Areas to be included on the Objective 2 list must first be
proposed by the Member States . In examining proposals,
the Commission attaches fundamental importance to the
use of objective indicators and therefore to the existence of
comparable statistics on unemployment .

Regions proposed under the basic criteria ( criteria ( a ), ( b )
and ( c ) in Article 9(2 ) of the Regulation ) in the Regulation
are assessed by the Commission in the light of statistical data
provided by Eurostat . Unemployment rates at regional level
are calculated by Eurostat using a methodology intended to
ensure that the results are comparable between countries .
This is discussed with and approved by the statistical
services of the Member States . The method and data sources

used are described in detail in the publication : ' Statistics in
focus — Regions — 1 995 / 2 ', a copy of which is sent direct to
the Flonourable Member and to the Secretariat-General of

the Parliament .

Proposals for Objective 2 by Member States under the
additional criteria in the Regulation are also assessed in the
light of statistical evidence . The proposals, which often
concern small areas, are supported by Member States ' own

WRITTEN QUESTION E-2564 / 95

by Richard Howitt ( PSE )

to the Commission

( 22 September 1995 )

( 96 / C 40 / 69 )

Subject : Telematics programme — application from DeBell

Information, Essex

Will the Commission confirm it is giving active
consideration to an application from DeBell Information
Systems Ltd of Billericay, Essex for funding under the
Telematics programme ?

Does the Commission agree the proposal represents an
innovative information system of particular benefit to
people in need, bringing Europe closer to the public ?

Does the Commission agree that SME 's such as DeBell
should have priority under this programme ?

Answer given by Mr Bangemann

on behalf of the Commission

( 16 October 1995 )

The Commission received on 15 March 1995 two

proposals, one with acronym Asqua 9001 and the other
called Securicare, in response to the first call for tender
issued for the Telematics applications programme

( 1994 — 1998 ) under the fourth framework programme .
The proposal Asqua 9001 was addressing the workplan in
area E and the other proposal Securicare was addressing
area A of the Telematics applications programme . Both
were evaluated according to the official procedures applied
by the Commission for the selection of projects in research
and technological development ( RTD ) programmes . As a
result of this evaluation which was carried out by
independent and outside experts, the Asqua 9001 proposal
was retained in the shortlist for programme support actions

( i.e. area E ) and the Securicare proposal was not retained .
The Commission took a decision on 26 July 1995 regarding
the results of this evaluation process . The Commission is
currently in discussion with the consortium of the Asqua
9001 proposal with a view to awarding a standard RTD
contract that is conditional upon successful negotiation of
the project programme with and between the members of
the consortium .

12 . 2 . 96 EN Official Journal of the European Communities No C 40 / 39

The general criteria leading to selection of proposals for the
Telematics applications programme were specified in the
call for tender documentation ( information package )
available upon request from the Commission . The
availability of this documentation was publicised on the
opening date of the call in the Official Journal ( ] ). These
criteria include the following characteristics for the
proposals to be successful : orientation towards users,
technical basis for the demonstrator, knowledge,
competence and commitment of proposers, European
dimension, contribution to Community policy objectives,
impact on user communities and organizations, and on
supply and demand sides, and needs of disabled and elderly
people where appropriate .

Specific measures in favour of small - and medium-sized
enterprises ( SME ) are specified in the work programme of

( and technical annex to ) the Telematics applications
programme under Task Area 6 in Area E. For the
15 December 1994 call for tender, this task area was open
for one item concerning ' awareness raising and providing
assistance to SMEs '. Looking back at the overall results of
the first call in terms of SME selection, the participation of
SMEs in successful proposals has been found to exceed
60 %, which is quite high in comparison with other specific
programmes . Furthermore, of the 335 ( 31 on reserve list )
retained proposals, there are 24 projects specifically
targeting the needs of this group . They contribute through
awareness-raising and through ensuring SME access to
telematics services, to the continuing successful activity of
SMEs within the European economy .

0 ) OJ No C 357, 15 . 12 . 1994 .

although these Regulations may have been transposed into
domestic law, they are actually based on international road
traffic conventions, the most recent of which is the Vienna
Convention of 1968 .

The purpose of the distinguishing sign is, in conjunction
with the registration number, to facilitate vehicle
identification, beginning with the country of registration .

This is not in itself contrary to Community law .

WRITTEN QUESTION E-25 74 / 95

by Mary Banotti ( PPE )

to the Commission

( 22 September 1995 )

( 96 / C 40 / 71 )

Subject : Tobacco and health

Why was the European Bureau on Tobacco and Health

( BASP ) terminated in June this year ?

Does the Commission agree that, in order to combat the
catastrophic effect of tobacco on health, one of the crucial
issues in this campaign must be up-to-date and accurate
information about tobacco and its effects ?

WRITTEN QUESTION E-25 71 / 95 on Answer behalf given of the by Commission Mr Flynn

by James Provan ( PPE )
( 13 October 1995 )
to the Commission

( 22 September 1995 )

( 96 / C 40 / 70

Subject : Use of GB plates in continental Europe

What is the current position regarding the requirement for
vehicles to display plates indicating their national origin . Is
this consistent with Community law ?

Answer given by Mr Kinnock

on behalf of the Commission

( 24 October 1995 )

The Commission is able to confirm that there are
Regulations under which vehicles being driven outside the
country in which they are registered must display the
distinguishing sign of the country concerned . However,

In 1995, and in order to continue its action against smoking,
the Commission considered several factors which had arisen

since a contract was first signed in 1988 with the Bureau for
action on smoking prevention ( BASP ). These factors were
the completion of the second cancer action plan, which
ended on 31 December 1994, the proposal for the third
cancer action plan 1996 — 2000 and particularly its
provisions on smoking cessation ; and lastly the
requirements of the Commission financial regulations,
which impose a call for tender in the case of contracts of a
certain size .

In this regard, it may also be noted that the Commission
encouraged the creation of a European alliance against
tobacco which groups the main associations concerned with
stopping smoking .

As regards the former contract with BASP, a new call for
tender was published in the Official Journal of 22 April

1995 . BASP did not however submit a tender by the closing

No C 40 / 40 EN Official Journal of the European Communities 12 . 2 . 96

date of 14 June 1995 . The Commission is currently
examining the tenders received .

WRITTEN QUESTION E-2593 / 95
by Cristiana Muscardini ( NI ) and Marco Cellai ( NI )

to the Commission

( 27 September 1995 )

( 96 / C 40 / 72 )

Subject : Customs formalities linked to the operator 's place

of business

Italian Customs Department circular 950 1928 / XI requires
all customs operations relating to exports to be carried out
in the customs office responsible for the place where the
exporter is established, thus linking the performance of
customs formalities with the operator 's place of business,
which is contrary to the principle of the free movement of
goods — one of the cornerstones of the Treaty establishing
the European Community .

In accordance with the principle of derogations, for which
provision is made in Article 790 of the Community Customs

Code itself, would the Commission :

1 . introduce a special regime for Italian ports, airports and
traffic centres, so as not to endanger hundreds of jobs
and hundreds of export undertakings, for which the
abolition of border controls and completion of the
internal market have, to date, meant only job losses
offset by few support measures ;

2 . grant Italy an official derogation pursuant to
Article 161(5 ) of Regulation ( EEC ) No 2913 / 92 (') and
on the basis of Articles 790 et seq . of Regulation ( EEC )
No 2454 / 93 ( 2 )?

In the Commission 's view this rule not only ensures that
customs controls are properly applied but takes account of
exporters ' obvious interest in making the widest possible use
of simplified procedures, and in particular the local
clearance procedure . It cuts the cost to exporters of carrying
out the formalities and hence helps their competitiveness on
external markets, and in a single market, all Community
exporters should be entitled to the same advantages on an
equal footing .

The derogation suggested by the Honourable Members
would be inconsistent with the Commission 's general
intentions .

WRITTEN QUESTION P-2595 / 95

by Joan Colom i Naval ( PSE )

to the Commission

( 14 September 1995 )

96 / C 40 / 73 )

Subject : Sale of humanized milk

In some areas of the Community, and in particular in
Catalonia, the government has banned the distribution and
sale of infant 's and humanized milk in establishments other
than pharmacies, even though such products do not require
a medical prescription and are not handled by the retailer .
Does this ban have any basis in Community legislation ?
Does the Commission consider it to be compatible with
Community law ?

Answer given by Mr Bangemann

on behalf of the Commission

í 1 ) OJ No L 302, 19 . 10 . 1992, p . 1 . ( 19 October 1995 )

( 2 ) OJ No L 253, 11 . 10 . 1993, p . 1 .

Answer given by Mr Monti
on behalf of the Commission

( 31 October 1995 )

Without seeing the actual text of the Italian Customs
Department 's circular to which the Honourable Members
refer, the Commission would assume that it simply re-states
the Community rules on export applicable since 1 January

1993 .

Article 161(5 ) of Council Regulation ( EEC ) No 2913 / 94
establishing the Community Customs Code provides that
export declarations ' must be lodged at the customs office
responsible for supervising the place where the exporter is
established or where the goods are packed or loaded for
export shipment '.

Community law does not require baby and follow-up
preparations to be sold exclusively in pharmacies .

In the absence of Community Regulations in this area, it is
the responsibility of the Member States to regulate the
marketing of these products . In exercising these powers,
however, Member States are obliged to respect the rules of
the EC Treaty, particularly, as regards the question raised,
the principle of the free movement of goods embodied in
Articles 30 and 36 of the Treaty .

Prior to November 1 993, the Court of Justice had ruled that,
in certain circumstances, the monopoly on the sale of certain
products enjoyed by dispensing pharmacies could constitute
a measure having an equivalent effect to a quantitative
restriction on intra-Community trade ( l ). As a result, the
Commission, as guardian of the Treaties and in accordance
with its duties under Article 169 of the EC Treaty,

12 . 2 . 96 EN Official Journal of the European Communities No C 40 / 41

investigated a number of complaints from businesses, some
of which called into question the Spanish regulations which
are the subject of this question .

However, the new approach of the Court brought in with its
judgment of 24 November 1993 ( 2 ), which states that
Article 30 of the Treaty does not apply to national
provisions restricting or prohibiting ' certain selling
arrangements ', has recently been extended to a practically
identical case, namely the Greek ban on the sale of processed
milk for infants except in dispensing pharmacies . This new
judgment of 29 June 1995 ( 3 ) obliges the Commission to
modify its position and, consequently, to consider, where
appropriate, closing the file on cases opened as a result of
these complaints as regards a possible infringement of
Article 30 of the EC Treaty .

4 . Has there been and is there now any EU legislation
which it is objectively impossible to implement in Saxony ?
To what legislation does this apply, and why is it considered
to be unenforceable ?

5 . Is there any EU legislation in the fields of internal and
justice policy, cultural and education policy including
schools policy, environment and consumer-protection
policy, transport policy or social policy, or in any other
fields not mentioned here, which has not been applied or has
been inadequately applied in Saxony ? If so, what are the
reasons ?

6 . In what policy areas does Saxony see an urgent need

Article 30 of the EC Treaty . for action as regards the implementation of EU legislation ?

Are there areas in which legislation is generally applied more
(') Judgments of 21 . 3 . 1991 in Cases 369 / 88, Delattre, ECR 1487, promptly and with greater ease than in others ? If so, what

and 60 / 89, Monteil and Samanni, ECR 1547 . are the reasons ?

( 2 ) Cases C-267 and 268 / 91, Keck and Mithouara .

( 3 ) Case C-391 / 92, Commission v. Greece, not yet published in

ECR . 7 . What are the financial implications of the application
and transposition of EU legislation in Saxony ?

Answer given by Mr Santer
WRITTEN QUESTION E-25 98 / 95 on behalf of the Commission

by Jürgen Schröder ( PPE ) ( 30 October 1995 )

to the Commission

( 27 September 1995 )

( 96 / C 40 / 74 ) The obligation to implement Community law lies with the
Member States . Within the Member States this could

involve action by the regions, in the case of Germany, the

Subject : Transposition of EU legislation in the Free State of Lander .

Saxony

The Commission, in its task of monitoring the application of

and 60 / 89, Monteil and Samanni, ECR 1547 .

1 . Are there specific problems regarding the application
of EU Regulations and the transposition of Directives in the
Free State of Saxony compared to the remaining new
Lander ? If so, what is the nature of these difficulties and in
what fields do they arise ?

2 . Has a comparison been made between EU Member
States as regards the application and transposition of EU
legislation ? If so, how do the Federal Republic of Germany
as a whole and Saxony in particular fare in this
comparison ?

3 . Has the Federal Republic of Germany been asked for
its opinion as a result of cases of late or incorrect
implementation or failure to apply EU legislation in Saxony
in particular ? Has a case been brought against the Federal
Republic of Germany before the Court of Justice as a result,
and has judgment already been given against the Federal
Republic of Germany on this basis ? If so, what are the cases
concerned and what were the reasons for Saxony 's
difficulties in implementing the legislation in question ?

Community law, looks at the overall behaviour of the
Member State and not at that of its various components .

While, in some cases, the Commission is informed of the
problems arising from the application of Community law in
a particular region or land, it is unable to answer
satisfactorily the questions put by the Honourable
Member .

With regard to the first question in paragraph 2, the
Commission would refer the Honourable Member to the

12th report on monitoring the application of Community
law, which was transmitted to Parliament on 19 July

1995 0 ).

(') COM(95 ) 500 final — OJ No C 254, 29 . 9 . 1995 .

No C 40 / 42 EN Official Journal of the European Communities 12 . 2 . 96

WRITTEN QUESTION E-2601 / 95 of live bivalve molluscs or fisheries products from
by Jesús Cabezón Alonso ( PSE ) and Morocco .

Juan Colino Salamanca ( PSE )

to the Commission (') OJ No L 268, 24 . 9 . 1991 .

( 27 September 1995 )

( 96 / C 40 / 75 )

Subject : Monitoring of fishery imports from Morocco

What instruments is the Commission using to ensure that
fishery imports from Morocco comply with required health
standards ?

What sort of inspections are made, and how frequently, to
check whether these health standards are being complied
with ?

What infringements has the Commission detected when
carrying out inspections ?

Answer given by Mr Fischler
on behalf of the Commission

( 31 October 1995 )

Pursuant to Directives 91 / 492 / EEC ( ! ) and 91 / 493 / EEC ( ),
Commission staff visited Morocco in March 1993 to check

on live bivalve molluscs and again in September 1994 to
look at fisheries products . A Spanish Government expert
accompanied the Community mission on the first visit .

On both occasions, experts looked at Moroccan legislation,
and the organizational structure and powers of the
competent authority in order to ascertain that Community
rules were being followed .

It also checked hygiene at the production, warehousing and
dispatch stages for fish bound for the Community .

In addition, importing Member States carry out hygiene
checks at border inspection posts .

If Morocco dispatches products which do not meet
Community health standards, the Commission, acting on a
report from the Member State concerned, can take steps
which may even include a total export ban . Such a ban was
imposed on live bivalve molluscs between 12 February 1993
and 7 June 1993 .

Since then, no Member State has asked the Commission to
take restrictive measures on health grounds against imports

WRITTEN QUESTION E-26 12 / 95

by Michl Ebner ( PPE )

to the Commission

( 27 September 1995 )

( 96 / C 40 / 76 )

Subject : Inclusion of the European flag in the design of

national licence plates

The proposal by the former President of the Commission
that aircraft operated by the airlines of the Member States
should include in their livery the flag of the European Union
is having the desired effect of ensuring that most airlines
mark their aircraft with the European flag either in addition
to their national flag or instead of it .

Would it not therefore be worthwhile, with a view to
helping people to identify with Europe, to take a step further
in this direction and incorporate the European flag — in
addition to national flags — in the design of vehicle licence
plates and in other national symbols ? For example, the
European flag should be incorporated into national flags, in
the same way as the USA has incorporated the lines of stars
in the top corner of its red and white banner on the side
nearest to the flag-pole .

What practical steps will the Commission take with regard
to these two matters ?

Answer given by Mr Santer
on behalf of the Commission

(8 November 1995 )

A Community vehicle licence plate has been designed by a
group of governmental experts, which met at the
Commission 's behest as a result inter alia of Parliament 's

-, resolution of 14 September 1988 . It has been adopted on a

voluntary basis by several Member States .

While the Commission is keen to help people identify with
Europe, it is also aware that national flags are an important
symbol of national identity, and for this reason it has no
intention of launching initiatives to change them .

12 . 2 . 96 I EN Official Journal of the European Communities No C 40 / 43

WRITTEN QUESTION E-2626 / 95 Answer given by Mr Liikanen
on behalf of the Commission
by Marie-Paule Kestelijn-Sierens ( ELDR ) and

Jan Mulder ( ELDR )

to the Commission

(8 December 1995 )

(2 October 1995 ) The Commission is collecting the information it needs to

( 96 / C 40 / 77 ) answer the question . It will communicate its findings as
soon as possible .

Subject : Spanish transport subsidies for tomatoes from the

Canary Islands

WRITTEN QUESTION E-2635 / 95

According to various reports in the press, the transport of
tomatoes from the Canary Islands to other EU Member
States, such as Belgium, Luxembourg and the Netherlands,
is subsidized by the Spanish Government .

1 . Is there any truth in this ?

2 . If so, are these transport subsidies justified, in view in
particular of the risk of unfair competition ? What action
will the Commission take if competition is being
distorted ?

by David Thomas ( PSE )

to the Commission

(2 October 1995 )

( 96 / C 40 / 79 )

Subject : Nuclear testing by the French Government

Was the testing of nuclear weapons in Mururoa carried out

in breach of Article 34 of the ECSC Treaty ? If so, what
action does the Commission intend to take in response and
in order to prevent the exercise being repeated ?

Answer given by Mr Fischler Answer given by Mrs Bjerregaard
on behalf of the Commission

on behalf of the Commission
( 26 October 1995 ) ( 25 October 1995 )

The Commission is not aware of any State aids for transport
of tomatoes from the Canary Islands to other Member
States . Commission policy is to consider any such transport
subsidies as operating aids that are not compatible with the
common market . If the Commission is informed of the

existence of such aids, it would follow-up the matter with
the Spanish authorities .

The Honourable Member is requested to refer to the
information given by the President of the Commission
during the debate on this subject before Parliament on

19 September 1995 ( l ).

(') Debates of the European Parliament ( September 1995 ).

WRITTEN QUESTION E-2669 / 95

by Wolfgang Kreissl-Dörfler ( V )

to the Commission

WRITTEN QUESTION E-2634 / 95 (4 October 1995 )

by Stephen Hughes ( PSE ) ( 96 / C 40 / 80 )

to the Commission

(2 October 1995 )

( 96 / C 40 / 78 )

Subject : Resources devoted to work in the field of health,

safety and hygiene

How many units within the Commission and how many
personnel within those units were engaged in work in the
health and safety and hygiene field in January 1995 as
compared to January 1993 ?

Subject : Committee on Trade and the Environment

With reference to my question E - 195 1 / 95 ( J ) and your

answer, I should like to put the following ( supplementary )
questions, requesting further detail :

Who sits on the Committee on Trade and the Environment

for the EU, and since when ?

What topics have been on the agenda to date ? ( If possible

please forward the minutes of the meetings of the
Committee on Trade and the Environment ).

No C 40 / 44 EN Official Journal of the European Communities 12 . 2 . 96

How many people make up the committee at present ?
Which countries or organizations do these people represent ?
Does the Commission have a complete list of the people who
are currently members of the committee ?

( 1 ) OJ No C 277, 23 . 10 . 1995, p . 38 .

Answer given by Sir Leon Brittan

on behalf of the Commission

( 26 October 1995 )

1 . The World Trade Organizations ( WTO ) Committee
on Trade and Environment ( CTE ) was officially set up on

1 January and held its first meeting on 16 February . But
work on the link between trade and the environment began
in the second half of 1994 under the WTO Preparatory
Committee 's Subcommittee on Trade and Environment

( SCTE ).

Those attending meetings of the CTE are not designated
individually and their attendance may vary depending on
the subject . Generally speaking Member States are
represented by officials sent by national capitals and
belonging to ministries for external affairs, external trade or
the environment, and by members of permanent
representations to the WTO . The Commission is
represented by officials from the departments dealing with
multilateral trade policy ( trade and environment section );
environment policy ( international affairs, trade and
environment section ); industry ( international industrial and
technological relations section, and industrial problems
relating to environmental regulations section ); and by a
member of the Commission 's permanent delegation at
Geneva .

2 . The points included in the work programme adopted
at the Ministerial meeting at Marrakesh in April 1994 have
been discussed . The SCTE has taken a particular interest in
the following points in its work programme :

— 15 and 16 September 1994 : Links between the
provisions of the multilateral trade system and :

( a ) taxes, charges, etc . designed to protect the
environment ; and

( b ) product-related requirements designed to protect

the environment, including technical standards and
regulations, and requirements relating to
packaging, labelling and recycling ( point 3 of the
work programme );

— 26 and 27 October 1994 :

( a ) observer status for intergovernmental
organizations,

( b ) links between the provisions of the multilateral

trade system and trade measures taken to protect
the environment, including those coming under
multilateral environmental agreements ( point 1 of
the work programme ),

( c ) issues of export of products which are prohibited on
the domestic market ( point 7 of the work
programme );

— 23 and 24 November 1994 : Effects of environmental

measures on market access, notably for developing
countries, particularly, the least-developed among them,
and the environmental benefits of removing restrictions
and distortions ( point 6 of the work programme ).

At its four meetings so far the CTE has paid particular
attention to :

— 16 and 17 February 1995 : Further discussions of points

1 and 7 of the work programme ;

— 6 and 7 April 1995 :

( a ) the provisions of the multilateral trade system as
regards transparency of trade measures designed to
protect the environment, and of environmental
measures and requirements which have substantial
effects on trade ( point 4 of the work
programme ),

( b ) links between the dispute settlement mechanisms of
the multilateral trade system and those provided for
in multilateral environmental agreements ( point 5
of the work programme ),

( c ) appropriate arrangements for relations with the
non-governmental organizations referred to in
Article V of the WTO Agreement and transparency
with regard to documentation ( point 10 of the work
programme );

— 21 and 22 June 1995 :

( a ) aspects of intellectual property law affecting trade

( point 8 of the work programme ),

( b ) services ( point 9 of the work programme ),

( c ) links between environmental policies which
concern trade and environmental measures with

substantial trade effects and the provisions of the
multilateral trade system ( point 2 of the work
programme );

— 12 and 13 September 1995 : Further discussion of points

6 and 7 of the work programme .

The Commission is sending documents from the Secretariat
of the WT O, which publishes the results of discussions at the
abovementioned meetings, direct to the Honourable
Member and the Secretariat of Parliament .

3 . For the composition of the CTE the Commission
would refer the Honourable Member to the information

already supplied in the answer to his Written Question
E - 195 1 / 95 and to paragraph 1 of this answer .

12 . 2 . 96 EN Official Journal of the European Communities No C 40 / 45

WRITTEN QUESTION E-2688 / 95

WRITTEN QUESTION E-2693 / 95

by José Valverde Lôpez ( PPE )

Valverde Lôpez ( PPE ) by José Valverde Lopez ( PPE )

to the Commission to the Commission

to the Commission

(4 October 1995 )

(4 October 1995 )

( 96 / C 40 / 81 96 / C 40 / 83 )

Subject : Incorporation into Spanish law of the Directive on

consumer credit

Could the Commission say whether or not the Spanish
Government has complied with Directive 90 / 88 / EEC ( ] )
concerning the consumer credit ?

(') OJ No L 61, 10 . 3 . 1990, p . 14 .

Answer given by Mrs Bonino

on behalf of the Commission

( 23 November 1995 )

Subject : Incorporation into Spanish law of the Directive

concerning urban waste-water treatment

Could the Commission say whether or not the Spanish
Government has complied with Directive 91 / 271 / EEC ( ] )
concerning urban waste-water treatment ?

(') OJ No L 135, 30 . 5 . 1991, p . 40 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

(6 November 1995 )
In April 1995 Spain communicated to the Commission the
national measures transposing Directive 90 / 88 / EEC ( Act
7 / 1995 of 23 March 1995 ). As Spain has still not sent the

The Commission is currently examining the conformity of
this text with the Directive .

WRITTEN QUESTION E-2690 / 95

As Spain has still not sent the Commission the texts of the
national measures implementing the Directive, infringement
proceedings have been instituted and a reasoned opinion
delivered .

by José Valverde Lopez ( PPE ) WRITTEN QUESTION P-2744 / 95

to the Commission by Nikitas Kaklamanis ( UPE )

to the Commission
(4 October 1995 )

( 96 / C 40 / 82 ) ( 28 September 1995 )

( 96 / C 40 / 84 )

Subject : Incorporation into Spanish law of the Directive on

package travel, package holidays and package

tours

Could the Commission say whether or not the Spanish
Government has complied with Directive 90 / 314 / EEC (*)
concerning package travel, package holidays and package
tours ?

(!) OJ No L 158, 23 . 6 . 1990, p . 59 .

Answer given by Mrs Bonino

on behalf of the Commission

( 23 November 1995 )

In July 1995 Spain communicated to the Commission the
national measures transposing Directive 90 / 314 / EEC ( Act
21 / 1995 of 6 July 1995 ).

The Commission is currently examining the conformity of
this text with the Directive .

Subject : Advance payments of aid for cotton

Regulations ( EC ) No 1553 / 95 (*) and ( EC ) No 1554 / 95 ( 2 )
lay down the new arrangements for the common
organization of the market in cotton . As part of the
procedures for the management of this product for the
period 1995 / 96, the Management Committee decided at its
meeting of 19 September 1995 to approve the following
advance payments to cotton ginners :

. — ECU 42,42 per 100 kg of unginned cotton for Spain

— ECU 29,21 per 100 kg of unginned cotton for
Greece .

This differentiated policy is leading to :

1 . differences between ginning undertakings in Greece and
Spain, despite the existence of the single Community
market ;

2 . the establishment of a practice which is not customary in
other common market organizations ;

No C 40 / 46 EN Official Journal of the European Communities 12 . 2 . 96

3 . shortcomings in the operation of the cotton market in amendments to the new arrangements without a proper
Greece ; and review of its operation .

4 . the creation of a climate of deep insecurity for farmers

and more general social upheaval .

How does the Commission intend to tackle this situation

and how will it eliminate the disruption that has been caused
to the market ?

WRITTEN QUESTION E-2751 / 95

by Jesús Cabezón Alonso ( PSE ) and

Juan Colino Salamanca ( PSE )

to the Commission

( 12 October 1995 )

( ] ) OJ No L 148, 30 . 6 . 1995, p . 45 . 96 / C 40 / 85 )

( 2 ) OJ No L 148, 30 . 6 . 1995, p . 48 .

Answer given by Mr Fischler
on behalf of the Commission

( 20 October 1995 )

Pursuant to Council Decisions adopted as part of the reform
of the system of aid, the Commission fixes the level of
advance aid payments for cotton on the basis of production
estimates and the foreseeable amount of the aid . Advance

payments may not exceed 40 % of the guide price or ECU
42,50 per 100 kilos .

Thus the difference in the level of advances for Spain and
Greece for the marketing year 1995 / 96 reflects a significant
difference in projected advance payments . There is little
likelihood that the ECU 42,50 advance fixed for Spain will
exceed total aid payments, since low production figures will
prevent any fall in the guide price and hence the level of aid .
In Greece, on the other hand, the larger crop means any
advance payment in excess of the ECU 29,21 per 100 kilos
fixed could come close to the final figure for aid which
would be payable if the upward trend in world prices
continues or accelerates .

As Spanish producers had suffered from exceptionally
adverse weather the Commission considered that the

maximum advance should be paid . That in no way
constitutes discrimination against Greek producers, since in
both countries the advance represents more or less the same
proportion of the foreseeable aid, and indeed the gap
between the level of the aid payment and the advance is
wider for Spain than for Greece . Moreover, prior to the
reform the system of stabilizers more than once operated to
the detriment of Spanish undertakings even though the
quantitative overrun was entirely attributable to Greek
undertakings . To conclude, the Commission does not
believe decisions relating to advance payments in any way
affect the operation of the system of aid in Greece .

At a more general level the Commission considers that the
recent changes to the aid system should increase its
efficiency and will not be proposing any substantial

Subject : Exports of polypropylene bags and fabrics from

Turkey

Turkish exporters of polypropylene bags and fabrics are
putting pressure on the European Union authorities,
arguing that European production is insufficient or of
inferior quality .

Imports which do not comply with the rules and balance of
free competition jeopardize European production and
employment .

Are there any guarantees that unfair competition practices
will be avoided following Turkey 's incorporation into the
Customs Union ? Are there any guarantees that the rules of
competition will be complied with ?

Answer given by Sir Leon Brittan

on behalf of the Commission

(3 November 1995 )

The Commission is aware of the problems raised by the
Honourable Members and has taken the necessary
precautions to ensure fair competition in the textiles sector

( including polypropylene bags ) when the customs union
with Turkey will be implemented .

To this effect, the preconditions that Turkey must fulfil
before the customs union is fully implemented in the textiles
sector are listed in the draft Decision taken by the
Community-Turkey Association Council on the Customs
Union (6 March 1995 ).

( a ) Turkey must adopt and enact domestic legislation
corresponding to the Community 's most relevant
Regulations governing its commercial textiles relations
with third countries ( Article 12.1 of the Decision of
6 March 1995 ).

( b ) Turkey will have to apply substantially the same

commercial policy as the Community in the textile
sector including the agreements or arrangements with
third countries on trade in textiles and clothing ( Article

12.2 of the Decision of 6 March 1995 ).

( c ) the implementation of the relevant provisions
regarding intellectual, industrial and commercial
property, including the setting up of an independent

12 . 2 . 96 I ™ Official Journal of the European Communities No C 40 / 47

competition authority as well as measures regarding
public aid, is considered by the Community as a
condition for the suppression of the present
arrangements in textiles and clothing products between
Turkey and the Community ( statement by the
Community and Article 6 of the Decision of
6 March ).

The Commission is carefully monitoring progress made by
Turkey on the above three points and is providing technical
assistance to the Turkish administration with a view to

achieve these objectives .

For its part, in its internal preparation for the customs union
and by its assistance to the Turkish side, the Commission is
striving to make sure that, once implemented, the customs
union between the Community and Turkey will afford
conditions of fair competition between all producers .

WRITTEN QUESTION E-2756 / 95

by Johanna Maii-Weggen ( PPE )

to the Commission

( 12 October 1995 )

( 96 / C 40 / 86

Subject : Electricity supply in Kalebaskreek indian village in

Surinam

1 . Is the Commission aware that the indian village of
Kalebaskreek in Surinam has been without electricity for
four years because a generator has broken down and that
the outpatients ' clinic and the teacher 's house are the only
buildings there which have an electricity supply, thank to a
small solar panel ?

2 . Is the Commission aware that because of the lack of

electricity, schoolchildren cannot study in the evening, all
evening activities at the community centre have been
suspended and fishing is also at a standstill in the village
because fish intended for the market can no longer be kept in
cold storage ?

3 . Will the Commission ask its delegation in Surinam to
investigate the situation in Kalebaskreek and if possible to
provide assistance, for example by using EU funding from
the EDF to restore the village 's electricity supply without
delay, if possible by means of larger solar panels, which seem
to work well there ?

Answer given by Mr Pinheiro

on behalf of the Commission

(6 November 1995 )

The Commission is aware that not only Kalebaskreek but
many other villages in the interior are confronted with

similar problems of lack of electricity or other basic
infrastructures . In order to try and solve at least part of these
problems in the interior, the Dutch Embassy in Suriname
has already earmarked Nf 50 million . The delegation of the
Commission in Paramaribo for its part will alert the local
European development fund financed micro-project office
in order to examine whether Kalebaskreek village can meet
the necessary requirements for a possible micro-project
intervention .

WRITTEN QUESTION E-2757 / 95

by Johanna Maij-Weggen ( PPE )

to the Commission

( 12 October 1995 )

( 96 / C 40 / 87 )

Subject : Relations between the EU and Cuba

According to various human rights organizations, including
the Dutch section of Pax Christi, political liberalization in
Cuba is not keeping pace with economic liberalization . The
rigidly controlled State economy in Cuba is already being
liberalized, but the political system has not been relaxed .

1 . Are the organizations right about this ?

2 . If so, is this information taken into account in economic
negotiations with Cuba, and what conditions will be
attached to economic relations with Cuba in the light of
it ?

3 . Does the Commission support the proposal by the
Movimiento Cristiano Liberacion to set up a Cuban
Forum where representatives of the Cuban Government
can discuss the country 's political future with
representatives of the Cuban opposition inside and
outside Cuba ?

Answer given by Mr Marin
on behalf of the Commission

(3 November 1995 )

On 28 June, the Commission sent the Council and
Parliament a communication on relations between the EU
and Cuba ( 1 ),'m which it stated that although Cuba was still
a long way from democracy, increased contacts with the
outside world could help it open up more quickly .

Further to the communication, the Council adopted
conclusions on 2 October setting out the EU 's aim of
encouraging a peaceful transition to democracy and
economic liberalization in the country through closer
relations .

No C 40 / 48 EN Official Journal of the European Communities 12 . 2 . 96

The Commission is well disposed to the idea of initiatives
which will help develop civil society in Cuba in a
constructive spirit of mutual respect .

WRITTEN QUESTION P-2761 / 95

by Hugh McMahon ( PSE )

to the Commission

(') COM(95 ) 306 . (3 October 1995 )

( 96 / C 40 / 89 )

Subject : Skye Bridge in breach of EU rules on competition

policy

WRITTEN QUESTION E-2760 / 95

by Johanna Maij-Weggen ( PPE )

to the Commission

( 12 October 1995 )

( 96 / C 40 / 88 )

Subject : Report by the European Court of Auditors on

Stabex

1 . Has the Commission read the report by the European
Court of Auditors on Stabex and the Fourth Lome

Convention ?

2 . What conclusions has the Commission drawn from

it ?

3 . Will the Commission amend the Stabex rules and if so,
when can Parliament expect to receive a proposal to this
end ?

Answer given by Mr Pinheiro

on behalf of the Commission

(3 November 1995 )

The Commission has carefully studied the Court of
Auditors ' report on Stabex and the Fourth Lome
Convention, and has set out its findings in the Official
Journal ( 1 ). The matter was also examined by the Parliament

Committee on Budgetary Control ( rapporteur : Mr Wynn )
on 21 June . The Commission will certainly act in accordance
with the guidelines given in its response to the report .

Under the second financial protocol to the ACP-EEC
Convention, due to be signed very shortly, the Commission
will implement new measures on funding ( which will rise
from ECU 300 to ECU 360 million a year ), on the
least-developed, landlocked and island ACP States, which
will receive special protection if resources prove insufficient,
and on consultations with ACP countries during the
appraisal of dossiers for which a procedure is stipulated . In
addition, the Commission plans to organize regional
seminars on Stabex together with the General Secretariat of
the ACP Group in order to devise procedures to speed up the
use of transferred funds .

What is the Commission 's attitude to the decision by the
Scottish Office to charge tolls on the Skye Bridge and to
insist that ' Caledonian MacBrayne ' cease its ferry service to
the same island, thus creating a monopoly situation which
will hold the islanders, and Community tourists who wish to
visit Skye, to ransom ?

Answer given by Mr Kinnock

on behalf of the Commission

( 26 October 1995 )

The Commission has examined the issues raised by the
Honourable Member and has to conclude that, provided
that the level of tolls charged to heavy vehicles complies with
Directive 93 / 89 / EEC, the Commission has no power to
intervene in the decision of the Scottish Office to charge tolls
on the Skye Bridge .

The Commission has no evidence to sustain the view that the

Scottish Office is creating a monopoly situation by its action
and understands that the Scottish Office has withdrawn the

Caledonian MacBrayne ferry service which it subsidised but
that other operators may provide an equivalent service if
they choose to do so .

The information provided to the Commission does not
substantiate the case that the Community 's competition
rules have been breached . If the Honourable Member has

further evidence to support the view that a breach has
occurred, he will doubtlessly submit it .

WRITTEN QUESTION E-2774 / 95

by Joaquín Sisó Cruellas ( PPE )

to the Commission

( 12 October 1995 )

( 96 / C 40 / 90

Subject : Abolition of restrictions on the import of Chinese

non-textile products

(') OJ No C 167, 3 . 7 . 1995 . The Foreign Trade Association ( FTA ) has asked the
Commission to abolish the Union 's import quotas on
Chinese non-textile products because in its opinion they are

12 . 2 . 96 EN Official Journal of the European Communities No C 40 / 49

of no economic significance, are extremely inconvenient to
importers and the retail trade ( entailing cancellations of
orders, changes of suppliers, price increases, etc .) and are
completely pointless and ineffective as far as some of the
supposedly protected sectors, such as the toy and sports
footwear industries, are concerned .

Has the Commission examined the request by the FTA and
what are its thoughts on the matter ?

Answer given by Sir Leon Brittan

on behalf of the Commission

( 23 November 1995 )

The Commission is in regular touch with representatives of
the Foreign Trade Association ( FTA ) and other importers '
associations, and also with Community manufacturers '
federations . It keeps them abreast of changes in Community
legislation and provides any necessary clarification . It is
therefore well aware of the FTA 's views on non-textile

quotas for Chinese goods .

The Commission recently gave the FTA another
opportunity to express its opposition to the quota system in
connection with the drafting of a report to the Council
which will discuss inter alia the continued need for such

quotas .

The Commission can assure the Honourable Member that

the arguments put forward by the FTA and other importers '
associations will be carefully considered in the report and
brought to the attention of the Council which, as he is
aware, is the body responsible for deciding on possible
changes to the quota system .

WRITTEN QUESTION P-2780 / 95

by Nel van Dijk ( V )

to the Commission

(3 October 1995 )

( 96 / C 40 / 91 )

Subject : New Dutch leaching limits for nitrogen and

phosphate from manure

If the Commission thinks that the Dutch Government 's

planned new leaching limits for nitrogen and phosphate
from manure, for the period 1998 — 2010, do not comply
with the nitrates Directive 91 / 676 / EEC (*) and / or the
Esbjerg North Sea Conference agreement on properly
adjusted manure applications, will it raise the matter with
the Dutch Government before the new manure policy is
discussed by the Second Chamber ? If it does raise the matter,
what form will its representations take ?

f 1 ) OJ No L 375, 31 . 12 . 1991, p . 1 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 25 October 1995 )

The Commission has learned that the Netherlands '

Parliament is now discussing the ' Integrale Notitie
Mestbeleid ' ( fertiliser policy plan ) which is to be one of the
key elements of the transposition and enforcement of
Directive 91 / 676 / EEC in the Netherlands .

The Commission has asked the Dutch authorities for a copy
of the draft fertiliser policy plan, and also offered to discuss
the measures contained in this document with the Dutch

authorities in order to secure the optimum implementation
of the Nitrates Directive .

The Commission will take every opportunity to discuss
possible solutions with the Dutch authorities in order to
ensure proper implementation of Community law .

WRITTEN QUESTION P-2781 / 95

by Pedro Aparicio Sánchez ( PSE )

to the Commission

(3 October 1995 )

( 96 / C 40 / 92 )

Subject : Illegal exports of waste

Last March, the Government of the Andalucian
Autonomous Community 's Environmental Agency
uncovered illegal trading in urban waste ( included in Annex
III ' Amber List of Wastes ' of Council Regulation ( EEC )
No 259 / 93 ( J )), from Germany to Spain ( Province of
Almeria ). The accusations made by the representatives of
the competent authorities appear to indicate that this
transporting of waste was not sporadic but fairly
frequent .

The Andalucian Government and the Spanish Ministry of
Public Works and the Environment took administrative and

legal steps against the undertaking concerned, and in
addition to seizing the waste in question and stockpiling it,
pending its return to Germany, they informed the German
Federal Government of the fact so that it too could take

action .

The fact that it is cheaper to get rid of waste in Spain than in

Germany could lead to these illegal exports of waste
becoming more widespread ; I protest, and in some concern
would ask the Commission :

No C 40 / 50 EN Official Journal of the European Communities 12 . 2 . 96

1 . What checks and controls the German Government

exercises to prevent waste which appears on the Amber
List from being exported ?

2 . What legal measures the German Government has taken

in the case in question ? If any have been taken, how is it
to be obliged to return the waste to its country of
origin ?

3 . What powers in the field of controls and direct sanctions

the Commission possesses in this or similar cases ?

(') OJ No L 30, 6 . 2 . 1993, p . 1 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 26 October 1995 )

1 . Under Articles 6 to 8 of Council Regulation ( EEC )
No 259 / 93 on the supervision and control of shipments of
waste within, into and out of the Community, waste
featuring in its Annex III ( the Amber list ) may be shipped
between Member States . Such shipments, however, are the
subject of very detailed and stringent procedures . Each
shipment has to be notified to the authorities of the Member
States of dispatch, of destination and of transit, which all
have to give their authorization to it ( by stamping the
appropriate notification form ) before it may be executed . In
the case of Amber list waste, tacit consent is assumed if
within a period of 30 days no objection has been lodged by
any of the authorities .

If the shipment mentioned by the Honourable Member has
been executed without the necessary authorizations, in
particular from the relevant authority in Spain, it clearly
constitutes an illegal shipment . Although Regulation ( EEC )
No 259 / 93 is of uniform and direct application in all the
Member States, checks and controls aiming at preventing
illegal shipments fall under the competence of the Member
States . The Commission has no information as to which

particular kind of checks and controls Germany carries out
in this respect .

2 . The Commission is not informed as to whether the

German authorities have taken any legal or other measures
with regard to the shipment in question . However,
Article 26.2 of Regulation ( EEC ) No 259 / 93 stipulates that,
in cases where the illegal traffic is the responsibility of the
notifier, the authority of dispatch is subsidiarily responsible
for taking back the waste into the Member State of dispatch
or for taking care that it is otherwise disposed of or
recovered in an environmentally sound manner within 30
days from the time when the authority was informed of the

illegal traffic or within such other period of time which may
be agreed by the authorities concerned .

This Article contains similar provisions for cases of illegal
traffic for which the consignee is responsible or where
responsibility cannot be imputed . Moreover, all Member
States were obliged to take the appropriate legal action to
prohibit and punish illegal traffic .

3 . The Commission does not possess any powers in the
field of controls and direct sanctions in the field of

shipments of waste . However, should the Spanish
authorities consider that Germany has failed to fulfil an
obligation under the Treaty, they could of course bring the
matter before the Commission by filing a complaint .

WRITTEN QUESTION P-2782 / 95

by Lissy Groner ( PSE )

to the Commission

(5 October 1995 )

{ 96 / C 40 / 93 )

Subject : Safety standards at the Brussels II European

School, Woluwe

An inspection of the Brussels II European School, Woluwe,
by the safety division of the Woluwe St Lambert fire brigade
on 4 July 1995 showed the safety arrangements for the
secondary and primary school buildings to be inadequate,
with inter alia overcrowding of up to 100 % ( up to 420 too
many people per floor in the secondary building and 120 too
many per floor in the primary building ).

1 . To what extent are political decisions by European
bodies ( for example, the Board of Governors ) taken in
consultation with the authorities responsible for
ensuring that safety standards are met in the school, and
are there legally binding safety requirements ? If so, what
are they ?

2 . When was a safety report on the Brussels II European

School last commissioned by the political / European
decision-makers ?

3 . Several new classrooms are being added in the secondary
and primary buildings for the 1995 / 96 school year .
Were the building plans scrutinized from the safety
angle and passed as meeting the legal safety
requirements for public buildings, particularly
schools ?

12 . 2 . 96 EN Official Journal of the European Communities No C 40 / 51

4 . Who would be legally responsible for any accident insurance policy against accidents to pupils and
occurring as a result of the inadequate safety teachers .
arrangements at the European School ?

WRITTEN QUESTION P-2788 / 95

Answer given by Mr Liikanen by Glyn Ford ( PSE )

on behalf of the Commission

( 25 October 1995 )

The Commission would point out that responsibility for the
European schools is borne by an intergovernmental body —
the Board of Governors — on which it has one vote, and that
in Belgium, it is for the Belgian Government to make the
necessary buildings and equipment available and to
maintain them . It would nonetheless inform the

Honourable Member of the following : 

to the Commission

(5 October 1995 )

( 96 / C 40 / 94 )

Subject : Protection of great apes

the in Belgium Board of, it Governors is for the — Belgian on which Government it has one vote to make, and that the Does encourage the Commission the governments intend of to the take Congo any, Cameroon action to,
necessary buildings and equipment available and to Gabon and Central African Republic, and EU companies
maintain them . It would nonetheless inform the logging in these countries, to introduce measures to protect
Honourable Member of the following : - endangered great apes which are being hunted, killed and

eaten on a daily widespread basis as a result of
commercialization of the bushmeat trade which is
1 . The schools work in close cooperation with the national encouraged and facilitated by logging companies ?
authorities ( the Regie des Batiments in Belgium ). They
apply national safety standards and take action on
reports by the relevant safety services ( the fire-fighting
service in the Brussels Capital Region ). It is for the Answer given by Mr Pinheiro
national authorities to make it clear whether their safety on behalf of the Commission
standards indicate which are binding ' compulsory or intended ' standards as a have guide not and been to (6 November 1995 )
applied .

Answer given by Mr Pinheiro

on behalf of the Commission

(6 November 1995 )

2 . The last report prepared before that of 1995 by the
relevant authorities, that is to say the fire-fighting service
in the Brussels Capital Region, dates from March 1991

( report of 6 March 1991 ).

3 . The Board of Governors decided to create classes for the

new Finnish and Swedish language sections in the
Brussels II European School in January and April 1995 .
New premises for these classes were requested from the
Belgian authorities . Since the Belgian authorities did not
provide a solution, a few weeks before the school
opened, in agreement with the representative on the
Board of Governors of the European Schools, the school
was allocated as a transitional measure under the best

possible conditions, four temporary premises while
waiting for the premises requested from the Belgian
authorities ( Regie des batiments ), who had been
informed of this emergency measure .

4 . Where dangers are reported by the safety services, the

Head Teacher immediately contacts the relevant
authorities ( the Regie des batiments in this case ) in order
to have these dangers removed . The national authorities
are therefore responsible if the necessary improvements
are not made . The school has, of course, taken out an

The Commission and the Governments of Cameroon, the
Congo, the Central African Republic, Gabon, Equatorial
Guinea and Sao Tome and Principe have since 1992 been
conducting a project, with ECU 24 million from the Sixth
European Development Fund, known as Conservation and
Rational Use of Forest Ecosystems ( Ecofac ), in the context
of regional cooperation in Central Africa .

The project has established six conservation areas with the
objective, among other things, of saving species which are
particularly endangered including the great apes . Specific
consciousness-raising campaigns have been run and
teaching materials prepared for the people of the countries
concerned in order to prevent the hunting of endangered
species .

In the field, however, it is particularly difficult to put down
illegal hunting owing to the size of the area and the
inaccessibility of most of the regions concerned .

Ecofac Stage Two, intended to extend and deepen action
already taken, is to be examined early in 1996 by the
Community decision-making authorities in the context of
financial provisions to be made from the Seventh European
Development Fund .

No C 40 / 52 I EN 1 Official Journal of the European Communities 12 . 2 . 96

WRITTEN QUESTION E-2808 / 95

by Salvador Garriga Polledo ( PPE )

to the Commission

( 16 October 1995 )

( 96 / C 40 / 95

Subject : 1996 Budget — Community subsidies

Could the Commission supply full information on the
bodies subsidized in Spain as listed in Section A-3 of the

1996 Budget ?

These are :

ECU )

Line Beneficiary Amount

A-307 Instituto Europeo de Estudios
Superiores 20 000

A-304 Associacio catalana dels amies de

les Jornades are 5 000

A-304 Associacion de periodistas
europeos de Cataluña 5 000

A-307 Universität de barcelona-grupo
euro de Derecho int 5 000

A-307 Sociedad de Estudios

Internacionales ( SEI ) 7 000

A-307 Universidad de Deusto-Instituto

de Estudios Europeos 13 000

A-307 Instituto europeo de España 15 000

Answer given by Mr Santer
on behalf of the Commission

(6 November 1995 )

The Honourable Member is referred to the detailed report
on subventions granted under Part III of the Community
budget in 1995, which was transmitted by the Commission
to the committee on budgetary control of the Parliament in
May of this year .

WRITTEN QUESTION P-2818 / 95

by Karl Schweitzer ( NI )

to the Commission

(5 October 1995 )

( 96 / C 40 / 96 )

Subject : Austria 's objections to the ' Green List '

The types of waste on the ' Green List ' in Annex II to Council
Regulation ( EEC ) No 259 / 93 ( ! ) ( EC Regulation on the

shipment of waste ) are exempt, like any other goods, from
restrictions to trade when shipped within the Community .
In Austria, under the transitional provisions of the Act of
Accession of the Republic of Austria to the EU which relate
to the EC waste shipment Regulation, a number of the types
of waste contained in the ' Green List ' are classified as

hazardous waste until 31 December 1996 . Since Austria has

also expressed reservations, in the context of the Decision of
the OECD Council on the control of trans-frontier

movements of waste, about the classification of 13 of the
types of waste listed in the Green List, and since the OECD
procedure also makes express provision for these
exceptional cases, whereas the EC waste shipment
Regulation is directly and immediately applicable in all
Member States, it seems urgently necessary to agree on
initiating the review mechanism with a view to adapting the
EU 's environmental standards to the States which joined on

1 January 1995 .

What steps has the Commission taken towards initiating the
review mechanism with a view, where necessary, to raising
Community environmental standards with regard to the
types of waste which appear on the ' Green List ' of Annex II
to tfie EC waste shipment Regulation but which are
regarded as hazardous waste in Austria ?

( 1 ) OJ No L 30, 6 . 2 . 1993, p . 1 .

Answer given by Mrs Bjerregaard

on behalf of the Commission

( 26 October 1995 )

In the framework of the negotiations on its accession,
Austria has been granted a transition period until
31 December 1996 as regards Annex II of Council
Regulation ( EEC ) No 259 / 93 in view of the fact that some
wastes listed in this Annex II are considered hazardous in

Austria . At that time, it was pointed out to the Austrian
authorities that after that date, for the purpose of keeping a
harmonized system for waste shipments within the internal
market which was the objective of Regulation ( EEC )
No 259 / 93, Annex II would have to be directly and
immediately applied in Austria as in any other Member
State .

Furthermore, it was indicated that a review mechanism
regarding Annex II wastes which are considered hazardous
by a Member State is foreseen in Article 1.3(c ) of Regulation

( EEC ) No 259 / 93 . Austria can initiate this review by
notifying the Commission of those wastes listed in Annex II
which it considers to be hazardous . If the Commissitm

agrees that these wastes should be controlled, it confirms
Austria 's point of view by putting the wastes concerned on a
new Annex II . A to be respected throughout the
Community . If the Commission disagrees with the Austrian
position that these wastes are hazardous, Austria wold have
to accept Annex II as it stands and could no longer keep its
additional controls . The Commission is assisted by a
committee under Article 18 of Directive 75 / 442 / EEC ( J ), as
amended by Directive 91 / 156 / EEC ( 2 ).

12 . 2 . 96 EN Official Journal of the European Communities No C 40 / 53

It should be noted that the review mechanism has been

established to accommodate any ( new ) Member State which
considers that a certain category of ' green list ' waste is
hazardous and should therefore be controlled . So far, no
Member State has made use of this provision .

(!) OJ No L 194, 25 . 7 . 1975 .

( 2 ) OJ No L 78, 26 . 3 . 1991 .

WRITTEN QUESTION E-2820 / 95

by Pierre Bernard-Reymond ( PPE )

to the Commission

( 16 October 1995 )

( 96 / C 40 / 97 )

Subject : Application of Directive of 30 November 1989

relating to safety at the workplace

The reply to Written Question E-2 1 5 3 / 95 by Mr Flynn ( 1 ) in
this regard states :

' neither the Member States nor the Commission have

any reliable information at this stage on the costs
entailed by implementation of the Directive '.

It is worrying to note that a Directive was implemented
without any provision having been made regarding the
additional costs its application would entail for all European
undertakings and without there having been any assessment
of its impact on Europe 's competitiveness in relation to
abroad .

Is this usual in the preparation of Directives, and if so, would
it not be advisable henceforth to require the relevant
departments to provide a study of the impact of Directives
on the costs they entail for undertakings ?

accompanies all proposals for Directives . All institutions
involved in the Community 's legislative process are thus
informed .

Nevertheless, these impact studies, which are carried out a
priori, can only be estimates of the cost-effectiveness of the
proposed measures . Once the Directives are adopted and
implemented, the estimates in a priori impact studies can
only be confirmed or corrected in the light of actual impact
studies carried out a posteriori .

The reports on the practical implementation of the
provisions of Directive 89 / 655 / EEC ( ! ), as provided for in
Article 10(3 ), have precisely this aim of evaluating their a
posteriori actual impact and effectiveness . In this regard, in

its communication on a Community programme concerning
safety, hygiene and health at work ( 1996 — 2000 ) ( 2 ), the
Commission expressed its intention of carrying out, in
cooperation with the Member States and the social partners,
an in-depth evaluation of the actual impact of implementing
the Directive in the 15 Member States .

( 1 ) OJ No L 393, 30 . 12 . 1989 .

( 2 ) COM(95 ) 282 final .

WRITTEN QUESTION E-2827 / 95

by Lyndon Harrison ( PSE )

to the Commission

( 16 October 1995 )

( 96 / C 40 / 98 )

Subject : Unfair terms in consumer contracts Regulations

1994

(') OJ No C 277, 23 . 10 . 1995, p . 48 . In implementing Article 7 of Council Directive
93 / 13 / EEC ( ! ) on unfair terms in consumer contracts, the
United Kingdom Government gave powers to the Director

General of Fair Trading, via interlocutory injunction, to ask
for individuals using unfair clauses to give undertakings to
Answer given by Mr Flynn discontinue their use .
on behalf of the Commission

( 17 November 1995 )
Is the Commission aware that some UK local authorities feel

that this slow method of enforcement will weaken the

legislation and that it would have been more appropriate to

confirm to the Honourable Member grant direct powers to local courts and local authorities

The Commission can confirm to the Honourable Member
that it systematically carries out impact studies in relation to
its proposals for Directives . The conclusions drawn from
these studies are set out in the impact statement which

( which could have been done under the Fair Trading Act
1973 )? Given that the Office of Fair Trading has little
investigative capability, does the Commission agree that the

No C 40 / 54 EN Official Journal of the European Communities 12 . 2 . 96

UK implementation of Article 7 of Council Directive WRITTEN QUESTION
93 / 13 / EEC correctly interprets neither the spirit nor the by Hedy d'Ancona (
letter of the Directive ? And will the Commission be taking

to the Commission

action to ensure that British law is changed to give proper,
effective protection to consumers ? ( 11 October 1995 )

WRITTEN QUESTION P-2830 / 95

by Hedy d'Ancona ( PSE )

to the Commission

0 ) OJ No L 95, 21 . 4 . 1993, p . 29 .

Answer given by Mrs Bonino

on behalf of the Commission

( 17 November 1995 )

The Council Directive 93 / 13 / EEC of 5 April 1993 on unfair
terms in consumer contracts provides in its Article 7, that
the Member States shall ensure that, in the interests of
consumers and competitors, adequate and effective means
exist to prevent the continued use of unfair contract terms in
contracts concluded with consumers by sellers or
suppliers .

These means shall include provisions whereby people or
organizations, having a legitimate interest under national
law in protecting consumers, may take action according to
the national law concerned before the courts or before

administrative bodies for a decision as to whether

contractual terms drawn up for general use are unfair, so
that they can apply appropriate and effective means to
prevent the continued use of such terms .

According to Article 1 89 of the EC Treaty, a Directive leaves
to the national authorities the choice of form and methods .

Therefore Member States are free to implement a certain
provision of a Directive within the limits of its wording .

( 96 / C 40 / 99 )

Subject : Language regime during the Spanish Presidency

The overview of meetings under the Spanish Presidency
shows that all the informal Council meetings are subject to
restricted language arrangements . In particular, there
appears to be no interpretation into Dutch
disproportionately often .

1 . Can the Commission, which is responsible inter alia for
supplying the interpreting services, state on whose
authority such a restricted language regime has been
implemented ( the Spanish Presidency or the Member
States themselves )?

2 . Can the Commission confirm that this state of affairs

was not caused by a shortage of interpreters, since the
staff interpreters for the Dutch booth were on duty on
those days ?

3 . Does the Commission consider such treatment of the

' minor ' languages is in keeping with the principle of
equality between all the official languages of the
Community, as established in the Treaty ?

4 . How does the Commission intend to safeguard the
principle of equality of the languages in future ?

Answer given by Mr Santer
on behalf of the Commission

If a national implementation measure is not in conformity ( 30 October 1995 )
with a Directive, the Commission will open an infringement
procedure against the Member State .

With regard to the British implementation of the unfair
contract terms Directive, the Commission is currently
checking the implementation of this Directive in the
Member States, which have already notified their
implementation measures . In this context, the Commission
will also analyse the British implementation of Article 7,
taking into account the considerations of the Honourable
Member .

The language arrangements for informal ministerial
meetings held outside Brussels are determined by the
Council Presidency and organized by the Council 's General
Secretariat .

The Commission, for its part, strives to ensure compliance
with the principle of linguistic equality by providing
interpreting wherever it is needed .

12 . 2 . 96 EN Official Journal of the European Communities No C 40 / 55

WRITTEN QUESTION E-2842 / 95

by Stephen Hughes ( PSE )

to the Commission

( 18 October 1995 )

( 96 / C 40 / 100 )

Subject : Advisors to the Commission on the preparation of

White Paper on education and training

Could the Commission provide the names and relevant
details of the group of 25 who will be advising the
Commission for two years on education and training ?

Answer given by Mrs Cresson

on behalf of the Commission

( 31 October 1995 )

The Commission will send directly to the Honourable
Member and the Secretariat-General of the Parliament the

Commission 's memorandum on the creation of a think-tank

on education and training together with a list of the group 's
members .

WRITTEN QUESTION E-2859 / 95

by Joaquín Sisó Cruellas ( PPE )

to the Commission

( 21 October 1995 )

( 96 / C 40 / 101 )

A correct diagnose of Alzheimer 's disease can only be made
by post mortem autopsy . There is therefore considerable
uncertainty as to the real number of cases of the disease .
Estimates based on the number of cases in the United States

arrive at a world total of some 44 million people who suffer
from Alzheimer 's disease . However, according to a recent
publication from the World Health Organisation the figure
is 16 million including all kinds of dementia . The real
number is probably somewhere in between .

It is a fact that the incidence of the disease is increasing and
that with the ageing of the population the percentage of
Alzheimer 's patients in terms of total population will
increase . In the United States it is supposed that Alzheimer 's
disease is the 4th or 5th most important cause of death .

Alzheimer 's disease affects deeply the family and the family
carers . The Commission has supported actions in the past
year at the request of the Parliament which has earmarked
ECU 1 million in 1995 for the combating of Alzheimer 's
disease . These actions cover a broad spectrum of activities
meant to enhance the quality of life of Alzheimer 's patients
and the family care givers .

These actions include the creation of a 24-hour telephone
help line, a European Alzheimer clearing house, measures to
shorten the time needed to make a diagnosis of the disease,
training programmes for respite carers, and experiments
with small housing units for Alzheimer 's patients .

Within the Biomed II and III programmes the Commission is
funding research into the causes, risk factors and
physiopathology of the disease .

WRITTEN QUESTION E-2900 / 95

Subject : World Alzheimer's Day by Salvador Garriga Polledo ( PPE )

to the Commission

20 September 1995 was World Alzheimer 's Day . Bearing in
mind that this disease is the third most common cause of

death among adults ( after cancer and cardio-vascular
diseases ) and that it affects 22 million people throughout the
world, can the Commission say what initiatives are being
carried out in the fields of research into and information on

the disease, and in connection with programmes to support
patients, relatives, residential centres, etc .?

Answer given by Mr Flynn
on behalf of the Commission

( 26 October 1995 )

( 96 / C 40 / 102 )

Subject : 1989 — 1993 Structural Funds

What is the percentage of payment appropriations under the

1989 — 1993 Structural Funds that have not yet been
implemented to date in Spain and Germany ?

( 23 November 1995 ) Answer on behalf given of by the Mrs Commission Wulf-Mathies

( 13 December 1995 )
Alzheimer 's disease is a progressive disease that affects the
brain and is characterized by the inexorable loss of cognitive
function as well as by affective and behavioural The Commission is collecting the information it needs to
disturbances . It is associated with a progressive answer the question . It will communicate its findings as
deterioration of intellectual function and other cognitive soon as possible .
skills leading to a decline in the ability to perform activities
of daily living .

No C 40 / 56 EN Official Journal of the European Communities 12 . 2 . 96

WRITTEN QUESTION E-2986 / 95

by Irene Crepaz ( PSE )

to the Commission

( 9 November 1995 )

( 96 / C 40 / 103 )

Subject : Detailed list of total funds which ( in programmes

specific to women and within other programmes
and initiatives ) are being allocated to the
promotion of women

1 . Can the Commission give the percentage of women
who have benefited from aid under

— Structural Funds

— Community initiatives

in the various Member States ( and for each Structural Fund
or Community initiative )?

2 . Should the figures for funds already allocated per sex
not be available, can the Commission specify what measures
it will undertake to enable this evaluation per sex ?

Answer given by Mr Flynn
on behalf of the Commission

(7 December 1995 )

to a number of devices to force up interest rates ', ' with the
result that clients never knew what devious methods the

banks were employing to achieve their ends .'

Given the growing number of complaints concerning the
arbitrariness of the banks and the increasing lack of
transparency in respect of the services they provide, for
example the calculation of interest rates paid to small
depositors, unacceptable delays and lack of transparency in
crediting interest to deposit accounts, inconsistencies in the
calculation of bank charges, lack of information for
depositors and clients concerning expenditure incurred by
banks, etc .,

1 . What steps will the Commission take, in view of the fact

that such practices are covered by the provisions of
Council Directive 93 / 13 / EEC (') of 5 April 1993,
concerning ' unfair terms in consumer contracts ' in
particular Article 5 of the Directive itself and paragraphs

l(i ), l(j ) and 2(b ) of the Annex thereto ?

2 . Have the Greek authorities taken any measures to
achieve greater transparency concerning the calculation
of charges for banking services in accordance with the
provisions of Council Directive 93 / 13 / EEC ?

3 . Will it make it compulsory for the banking associations
of the Member States, in this case the Greek Banking
Association, to publish regularly comparative tables of
charges for their services and to notify immediately any
unforeseen changes thereto ? Is it possible for the
necessary action to be taken by the Greek authorities
within the framework of the above Directive ?

(') OJ No L 95, 21 . 4 . 1993, p . 29 .

The Commission would refer the Honourable Member
to its answer to Written Question P-l 794 / 95 by Mrs
Randzio-Plath ( M.
Answer given by Mrs Bonino

on behalf of the Commission

(') OJ No C 273, 18 . 10 . 1995 .
(4 December 1995 )

WRITTEN QUESTION E-2989 / 95

by Alexandros Alavanos ( GUE / NGL )

to the Commission

(9 November 1995 )

( 96 / C 40 / 104 )

Subject : Lack of transparency with regard to banking

services in Greece

In a series of statements issued on 18 October 1995, the
Governor of the National Bank, the largest Greek bank,
referring to the sudden fall in mortgage interest rates,
accused other banks of ' misleading the public ' and ' resorting

1 . Council Directive 93 / 13 / EEC of 5 April 1993 on
unfair terms in consumer contracts stipulates that contracts
must be drafted in plain, intelligible language . Nevertheless,
positive obligations to provide certain information to
consumers can in principle be imposed on specific sectors
only through specific texts . Thus the Council has approved
two Directives ( Directive 87 / 102 / EEC of 22 December
1986 (*) and Directive 90 / 88 / EEC of 22 February 1990 ( 2 ))
on the approximation of the laws, regulations and
administrative provisions of the Member States concerning
consumer credit . As these Directives exclude mortgage
credit agreements from their scope, this area remains
governed exclusively by national legislation .

2 . As far as the Commission is aware, Greece has
adopted general legislation on the transparency of financial
services . Application of this legislation is the responsibility
of the central bank ( Government Act No 1969 of 8 August

1991 ).

12 . 2 . 96 EN Official Journal of the European Communities No C 40 / 57

Answer given by Mr Fischler
on behalf of the Commission

3 . The Commission does not have the legal basis to Answer given by Mr Fischler
require banking associations in the Member States to on behalf of the Commission
publish, on a regular basis, comparative data on charges for ( 11 December 1995 )
the services they offer . Nor is the Commission convinced
that publication of such data should be the responsibility of
the banking associations . The Commission is collecting the information it needs to
answer the question . It will communicate its findings as
i 1 ) OJ No L 42, 12 . 2 . 1987 . soon as possible .

( 11 December 1995 )

( 2 ) OJ No L 61, 10 . 3 . 1990 .

WRITTEN QUESTION E-3008 / 95

WRITTEN QUESTION E-3071 / 95

by Amedeo Amadeo ( NI )

Amedeo Amadeo ( NI ) by Amedeo Amadeo ( NI )

to the Commission to the Commission

to the Commission

( 13 November 1995 )

( 20 November 1995 )

( 96 / C 40 / 105 ( 96 / C 40 / 106 )

Subject : Pesticides in agriculture

According to the World Health Organization,
approximately three million people a year contract acute
pesticide poisoning, and some 20 000 die as a result of the
condition . The victims are mostly farm workers exposed to
toxic or carcinogenic substances, or consumers who have
been contaminated by residues in foodstuffs or
drinking-water . It is therefore clear that the consequences of
using pesticides in agriculture entail too high a price in terms
of health .

In the light of the foregoing :

1 . Will the Commission seek to devise alternative

solutions, proceeding from the principle of genuine
sustainable development of agriculture aimed at
reducing dependence on intensive farming ?

2 . Will it impose limits on the recommended pesticides

specified in the fifth Community programme on the
environment ?

3 . Will it discourage protection by means of agrochemicals
and instead call for land to be set aside ?

Subject : Funds for Lombardy, Piedmont, Liguria and the

Aosta Valley

In the light of recent controversial reports in the Italian press
concerning the regional Structural Funds, the use and the
basis thereof, often the inability of certain regions to use
them properly, the obscurity surrounding certain
allocations of funding, etc ., could the Commission provide
information concerning the granting of funds to Lombardy,
Piedmont, Liguria and the Aosta Valley during the period
from 1 January 1985 to 31 December 1994, including, if
possible, a breakdown for each individual year ?

Answer given by Mrs Wulf-Mathies

on behalf of the Commission

( 13 December 1995 )

The Commission is collecting the information it needs to
answer the question . It will communicate its findings as
soon as possible .