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/* /*•     - 1 T ' *| ISSN 0378-6986
# Oiiicial J ournal c 51

r 1 .  -  - Volume 36
##### of the European Communities 22 February » 93

English edition Information and Notices

Notice No Contents Page

I Information

European Parliament

Written Questions with answer

93 / C 51 / 01 No II 70 / 91 by Mrs Raymonde Dury to the Commission
Subject : Recycling of developing countries ' debt 1

93 / C 51 / 02 No 1 198 / 91 by Mr Ian White to the Commission
Subject : Health care for workers within the food industry ( Supplementary answer ) 1

93 / C 51 / 03 No 2268 / 91 by Mrs Hiltrud Breyer to the Commission
Subject : Compatibility of the German ' Accelerated Procedure Act ' with the EC Directives on
environmental impact assessment and the conservation of birds ( Supplementary answer ) 2

93 / C 51 / 04 No 3065 / 91 by Mr Patrick Lalor to the Commission
Subject : Youth science network 2

93 / C 51 / 05 No 44 / 92 by Mr Llewellyn Smith to the Commission
Subject : Environment 3

93 / C 51 / 06 No 308 / 92 by Mrs Ursula Braun-Moser to the Commission
Subject : Technical harmonization in Europe 3

93 / C 51 / 07 No 472 / 92 by Mrs Imelda Read to the Commission
Subject : Food imports 4

93 / C 51 / 08 No 473 / 92 by Mrs Imelda Read to the Commission
Subject : Food imports 4

93 / C 51 / 09 No 474 / 92 by Mrs Imelda Read to the Commission
Subject : Food imports 4

Joint answer to Written Questions Nos 472 / 92, 473 / 92 and 474 / 92 4

2 ( Continued overleaf )

Notice No Contents ( continued ) Page

93 / C 51 / 10

93 / C 51 / 11

93 / C 51 / 12

93 / C 51 / 13

No 579 / 92 by Mr Sotiris Kostopoulos to the Commission
Subject : Postal charges for printed matter 4

No 622 / 92 by Mr Gianfranco Amendola and Mr Virginio Bettini to the Commission
Subject : Planned opening of the Thermoselect plant in Verbania ( Italy ) and its environmental
impact assessment 5

No 769 / 92 by Mr Christopher Jackson to the Commission
Subject : Mutual recognition of teachers 's qualifications 5

No 823 / 92 by Mr Gijs de Vries to the Commission
Subject : Protection of software in Germany : US Trade Bill 6

93 / C 51 / 14 No 829 / 92 by Mr Joaquim Miranda Da Silva to the Commission

Subject : Drought in Portugal 7

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No 946 / 92 by Mr Virginio Bettini and Mr Gianfranco Amendola to the Commission
Subject : Car-free city centre 7

No 1078 / 92 by Mr Reimer Böge to the Commission
Subject : Use of biological oils for offshore drilling 8

No 1 1 16 / 92 by Mr Kenneth Collins to the Commission
Subject : Definition of ' suspended particulates ' 9

No 1 128 / 92 by Mr Juan Bandrés Molet to the Commission

Subject : Installation of sanitation facilities in Torreblanca y Torrenosa ( La Plana Alta —
Valencia ) 9

No 1 162 / 92 by Mrs Mary Banotti to the Commission
Subject : Imports of birds 10

No 1 175 / 92 by Mr Gerardo Fernández-Albor to the Commission
Subject : The development of rural tourism in the Community 10

No 1180 / 92 by Mr Juan Bandrés Molet to the Commission
Subject : Construction of an incineration plant in the Horta district ( Valencian Autonomous
Community ) 11

No 1277 / 92 by Mr Christian de la Malène to the Commission
Subject : The future of the European motor industry and the Community 's relations with Japan 1 2

No 1314 / 92 by Mrs Janey Buchan to the Commission
Subject : Celebrations of the discovery of America 12

No 1454 / 92 by Mr Sotiris Kostopoulos to the Commission
Subject : Destruction of the Lake of Vouliagmeni Perachora 13

No 1535 / 92 by Mr Sotiris Kostopoulos to the Commission
Subject : The killing of foxes 14

No 1597 / 92 by Mr Herman Verbeek to the Commission
Subject : Protection of threatened cattle breeds in the EC 14

No 1631 / 92 by Mr Sotiris Kostopoulos to the Commission
Subject : The implementation of the directive on the supervision and control within the
European Community of the transfrontier shipment of hazardous waste 15

Notice No

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Contents ( continued ) Page

No 1669 / 92 by Mr Jean-Pierre Raffin to the Commission
Subject : Poaching of turtle doves ( Streptopelia turtur ) in the M6doc area of France 15

No 1719 / 92 by Mr Louis Lauga to the Commission
Subject : Freedom of movement for travelling people 15

No 1731 / 92 by Mr Gijs de Vries to the Commission

Subject : T rade in steel between Europe and America 16

No 1789 / 92 by Mr Mario Melis, Mrs Felice Contu and Mrs Andrea Raggio to the
Commission

Subject : Crisis in the Sardinian mining basin ( Italy ) 16

No 1840 / 92 by Mr Sotiris Kostopoulos to the Commission
Subject : The quarry area in the Commune of Paradisia and Megalopolis in Arcadia 17

No 1910 / 92 by Mrs Caroline Jackson to the Commission
Subject : Counterfeit goods 17

No 1926 / 92 by Mr Sotiris Kostopoulos to the Commission
Subject : Rubbish tip at Ritsona in Chalkida 18

No 1989 / 92 by Mrs Cristiana Muscardini to the Commission
Subject : Lifting of the moratorium on whaling 18

No 2017 / 92 by Mr Christian de la Malène to the Commission
Subject : Economic relations between the EC and Japan 19

No 2107 / 92 by Mr Antoni Gutierrez Diaz to the Commission
Subject : Request for a moratorium on the James Bay II hydroelectric project and protection of
the Cree Indians in Quebec 19

No 2109 / 92 by Sir James Scott-Hopkins to the Commission
Subject : Bank charges 20

No 2142 / 92 by Mr Pol Marck to the Commission
Subject : Coordinated advertising for endives 21

No 2167 / 92 by Mr Jean-Pierre Raffin to the Commission
Subject : Italy 's application of the EEC regulations on the implementation of the Convention of
International T rade in endangered Species of Wild Fauna and Flora ( CITES ) 21

No 2233 / 92 by Mr Christopher Jackson to the Commission
Subject : Use of mercury in cosmetics 22

No 2261 / 92 by Mr Christopher Jackson to the Commission
Subject : EC contributions to the South African Council of Churches 22

No 2264 / 92 by Mrs Karla Peijs to the Commission
Subject : Directive on medical devices 23

No 2314 / 92 by Mr Carlos Robles Piquer to the Commission
Subject : Information concerning basic research promotion initiatives by Japanese companies . . 23

No 2338 / 92 by Mr ' Alex Smith to the Commission
Subject : Safeguards verifications needed due to THORP 24

( Continued overleaf )

Notice No Contents ( continued ) Page

93 / C 51 / 46 No 2355 / 92 by Mrs Michele Alliot-Marie to the Council
Subject : Aid to the Lander of the former GDR 24

93 / C 51 / 47 No 2359 / 92 by Mr Ernest Glinne to the Council
Subject : European Charter of Local Self-Government 25

93 / C 51 / 48 No 2521 / 92 by Mr Luigi Vertemati and Mrs Maria Magnani Noya to the Council
Subject : Monetary policies in Europe and the part played by Germany 25

93 / C 51 / 49 No 2525 / 92 by Mr Gijs de Vries to the Commission
Subject : Intellectual property protection and ETSI 26

93 / C 51 / 50 No 2531 / 92 by Mr Siegbert Alber to the Commission
Subject : Travelling waste in Europe 26

93 / C 51 / 51 No 2544 / 92 by Mr Karl-Heinz Florenz to the Commission
Subject : Alleged plan to disband a department in Directorate-General XI 26

93 / C 51 / 52 No 2572 / 92 by Mr José Lamente López to the Council
Subject : Community standards for the protection and assistance of foreigners detained at
frontier crossings 27

93 / C 51 / 53 No 2606 / 92 by Mr Jean-Pierre Raffin to the Council
Subject : Directive on the conservation of natural habitats and of wild fauna and flora 27

93 / C 51 / 54 No 2607 / 92 by Mr Jean-Pierre Raffin to the Council
Subject : Directive on the conservation of natural habitats and of wild fauna and flora ? 28

93 / C 51 / 55 No 2608 / 92 by Mr Jean-Pierre Raffin to the Council
Subject : Directive on the conservation of natural habitats and of wild fauna and flora 28

93 / C 51 / 56 No 2609 / 92 by Mr Jean-Pierre Raffin to the Council
Subject : Directive on the conservation of natural habitats and of wild fauna and flora 28

Joint answer to Written Questions Nos 2606 / 92, 2607 / 92, 2608 / 92 and 2609 / 92 28

93 / C 51 / 57 No 2620 / 92 by Mr Herman Verbeek to the Council
Subject : Cost of CAP reform, 28

93 / C 51 / 58 No 2621 / 92 by Mrs Annemarie Goedmakers to the Council
Subject : Composition of advisory committees 29

93 / C 51 / 59 No 2639 / 92 by Mr Paul Lannoye to the Commission
Subject : LIFE — Utilization of funds 30

93 / C 51 / 60 No 2641 / 92 by Mr Carlos Robles Piquer to the Council
Subject : Ratification of the Dublin Convention 30

93 / C 51 / 61 No 2704 / 92 by Mr Stephen Hughes and Mr James Ford to the Council
Subject : Deliberate delaying of health and safety proposals 31

93 / C 51 / 62 No 2997 / 92 by Mr Jean-Claude Pasty to the Commission
Subject : Compensation for handicaps 31

93 / C 51 / 63 No 3131 / 92 by Mr Kenneth Coates to the Commission
Subject : Export of instruments of torture 31

22.2 . 93 Official Journal of the European Communities No C 51 / 1

I

( Information )

EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION No 1170 / 91

by Mrs Raymonde Dury ( S )
to the Commission of the European Communities

(5 June 1991 )

( 93 / C 51 / 01 )

Subject : Recycling of developing countries ' debt

What do the Community institutions think about the idea
of recycling developing countries ' debt through a scheme
whereby their repayments would be paid in national
currency into a fund, possibly administered in partnership
with their creditors, to be used for the funding of basic
programmes for development ( relating, in particular, to
infrastructures ) ?

Answer given by Mr Marin
on behalf of the Commission

( 22 October 1992 )

Repayment in national currency may reduce the debt
burden in balance of payment terms, but it will do nothing
to relieve the internal financial constraint, particularly as
regards public finances . Admittedly, where public claims
are concerned, this method may prove helpful in some
cases, particularly as an alternative to straightforward
cancellation, but it is out of the question to apply it across
the board given that the situations not only of debtors but
of creditors differ so widely .

WRITTEN QUESTION No 1 1 98 / 9 1

by Mr Ian White ( S )
to the Commission of the European Communities

( 5 June 1 991 )

( 93 / C 51 / 02 )

Subject : Health care for workers within the food industry

Could the Commissioner please advise whether :

1 . any of the Member States operate a system whereby
health checks are carried out on people prior to their
working in the food industry ;

2 . any Member State has undertaken research into the
possibilities of serious illnesses being communicated
to members of the public by means of food handled by
carriers of such illnesses e.g. drug abusers preparing
food ?

Supplementary answer given by Mr Bangemann

on behalf of the Commission

( 22 October 1992 )

The Commission is now able to provide the following
information as a supplement to its answer of 29 July

1991 0 ).

1 . Six out of 10 Member States ( 2 ) have made explicit
provision for the health screening of all individuals
wishing to work in the food industry ( either the
industry as a whole or certain sensitive sectors ).

In nine out of the 10 countries, individuals are
explicitly banned from working with or handling
foodstuffs if there is a risk that they might
contaminate them with germs of certain infectious
diseases .

Only one Member State out of 10 has no specific
provisions of this type .

2 . One of the most important aspects of research into

pathogens is understanding how they are transmitted
and how infection occurs . This has been the subject of
intensive research .

Nine out of the 10 Member States have begun
research into pathogens capable of multiplying in
foodstuffs ( e.g. salmonella, staphylococcus, listeria )
with a view to reducing the incidence of toxic infection
through food .

With regard to other pathogens, including those

associated more directly with drug abuse, current
research does not suggest that food is a potential
vehicle for the transmission of disease .

No C 51 / 2 Official Journal of the European Communities 22 . 2 . 93

Research findings on the transmission of disease are
taken into account in determining public policy on
food hygiene .

O OJNoC 315, 5 . 12 . 1991 .
( 2 ) This answer is based on information supplied by 10 Member

States in response to a Commission survey .

WRITTEN QUESTION No 2268 / 91

by Mrs Hiltrud Breyer ( V )
to the Commission of the European Communities

( 18 October 1991 )

( 93 / C 51 / 03 )

Subject : Compatibility of the German ' Accelerated
Procedure Act ' with the EC Directives on

environmental impact assessment and the
conservation of birds

1 . Does the Commission take the view that the German
Accelerated Procedure Act relating to the planning of
transport routes is compatible with the provisions of
Council Directive 85 / 337 / EEC (') ort the assessment of
the effects of certain public and private projects on the
environment, particularly since it contains no provisions
for consultation of the public in the planning and
accelerated authorization procedures ?

2 . Does the Commission consider that paragraph 10 of
this act ( Civil Airports ) complies with the environmental
impact assessment directive, with particular regard to the
use of former military airfields for civil air traffic under
an amended authorization procedure alone ( without
carrying out any environmental impact assessment or
consultation of the public ) ?

3 . Does the Commission consider that the German
Accelerated Procedure Act relating to the planning of
transport routes takes sufficient account of the provisions
of Directive 79 / 409 / EEC ( 2 ) on the conservation of wild
birds ? Does the Commission consider that it is essential to
designate bird conservation zones in the new German
federal states prior to the planning of transport routes ?

4 . Does the Commission consider that the third

amendment of 28 June 1990 to the German Road

Construction Act is in accordance with the environmental
impact directive ? Under the amended act, the need for a
road is established by the legislative authorities alone
without consultation of the public . Does the Commission
consider that, under the environmental impact directive, it
is obligatory for the public to be consulted on the need for
a road and on estimated traffic flows ?

5 . Does the Commission consider it appropriate to
initiate proceedings against the German Government
under Article 169 of the EEC Treaty in response to the
amendment to the Road Construction Act or the

introduction of the Accelerated Procedure Act ?

Supplementary answer given by Mr Van Miert

on behalf of the Commission

(9 December 1992 )

Further to its answer of 19 May 1992 ('), the Commission
can provide the following information .

The Commission has received several complaints
concerning the draft German ' Accelerated Procedure
Act '. Having examined the final version of the Act of 28

November 1991, it has decided not to initiate proceedings
pursuant to Article 169 of the Treaty with regard to this
Act .

As far as the notification obligation referred to in point 3

of the answer of 19 May 1992 is concerned, the necessary
notifications have been made .

O OJNoC 235, 14.9 . 1992 .

WRITTEN QUESTION No 3065 / 91

by Mr Patrick Lalor ( RDE )
to the Commission of the European Communities

( 13 January 1992 )

( 93 / C 51 / 04 )

Subject : Youth science network

Does the Commission have any special proposals to assist
the development of cooperation in science between young
people in the European Community and, if so, will it give
details ?

Answer given by Mr Pandolfi

on behalf of the Commission

( 20 November 1992 )

Apart from the Erasmus and Comett programmes, which
promote mobility and industrial training among young
scientists ( primarily undergraduates ), the Commission is,
within the individual thematic programmes of the Third
Framework Programme, continuing its bursaries scheme
for the training of post-graduate and post-doctoral
scientists through research . The bursaries scheme, which
will account for some ECU 80 million before the end of

1994, achieves these aims by supporting the scientists '
participation in a research project in a university or a
public or private institution in another Community

country .

under Article 169 of the EEC Treaty in response to the In addition, a new specific programme in the field of
amendment to the Road Construction Act or the Human Capital and Mobility has been adopted on 16
introduction of the Accelerated Procedure Act ? March 1992 — Council Decision 92 / 217 / EEC ( x ). The

central objective of this innovative programme with an
o OJ No L 175, 5 . 7 . 1985, p . 40 . amount deemed necessary of ECU 488 million is to help
O OJ No L 103, 25 . 4 . 1979, p . 1 . increase the quantity and quality of human resources

22 . 2 . 93 Official Journal of the European Communities No C 51 / 3

available for research and technological development .
The programme will support four main activities
including training ( ECU 220 million ), networks ( ECU
200 million ), access to large installations ( ECU 55
million ) and European Research Conferences ( ECU 13
million ). Priority will be given to the researchers
themselves with particular emphasis on the young . This is
reflected in the programme decision which states with
reference to the potential beneficiaries ?

' The various activities will be carried out with a view to
increasing the mobility of Community scientists, in
particular young researchers at post-doctoral level .
Scientists shall be considered as being at post-doctoral
level if they have had at least six years ' higher
education and hold a doctorate or equivalent degree,
or, if not, have had two years ' research experience
following a post-graduate course .

Young researchers at doctoral level may also benefit
from the Community action carried out under this
programme, especially in those fields where there is a
lack of post-doctoral researchers .'

The Commission intends to pursue and develop this type
of activity through the future Fourth RTD Framework
Programme which will cover the 1994 — 1998 period .

Under a separate initiative the Commission has since 1989
also run the European Community Contest for Young
Scientists . The contest aims at promoting the ideals of
cooperation and interchange between young scientists
aged 16 — 21 years, and providing a stimulus for the
development of the most promising young scientists in
Europe . In 1991, more than 10 000 young people took
part in the individual national contests which culminated
in the European final in Zurich in September where 12 EC
prizes, three Comett awards and four travel awards were
presented .

0 ) OJN0LIO7, 24 . 4 . 1992 .

WRITTEN QUESTION No 44 / 92

by Mr Llewellyn Smith ( S )
to the Commission of the European Communities

(4 February 1992 )

( 93 / C 51 / 05 )

Subject : Environment

What plans is the EC making for participation in the
United Nations ' Conference on Environment and

Development to be held in Rio de Janeiro in June 1992 ?

Answer given by Mr Van Miert

on behalf of the Commission

( 10 December 1992 )

The Honourable Member 's question no longer applies .
The Commission gave a detailed account of the
Community 's participation in the Rio Conference and the
outcome of the Conference at the European Parliament 's
sittings in February ('), June ( 2 ) and July ( 3 ), and in
Parliament 's Committee on the Environment, Public
Health and Consumer Protection .

(') Debates of the European Parliament, No 3-414 ( February

1992 ).
( 2 ) Debates of the European Parliament, No 3-419 ( June 1992 ).
( 3 ) Debates of the European Parliament, No 3-420 ( July 1992 ).

WRITTEN QUESTION No 308 / 92

by Mrs Ursula Braun-Moser ( PPE )
to the Commission of the European Communities

( 27 February 1 992 )

( 93 / C 51 / 06 )

Subject : Technical harmonization in Europe

Technical harmonization as regards heavy goods vehicles
is still incomplete . There are substantial differences in the
technical testing of such vehicles . What steps is the
Commission taking to eliminate these differences between
different countries and to promote technical
harmonization .

Answer given by Mr Van Miert

on behalf of the Commission

( 27 October 1992 )

Directive 77 / 143 / EEC (') lays down requirements for the
testing of trucks, trailers, buses, ambulances and taxis .
This Directive has been amended by Directive
88 / 449 / EEC ( 2 ) which concerns the testing of light goods
vehicles, and Directive 91 / 328 / EEC ( 3 ) which concerns
passenger cars . Annex I of each of these Directives
prescribes the minimum frequency of testing . In the case
of trucks and their trailers, testing should be carried out at
least once a year from the time of manufacture . Annex II
of the Directives covers the items that should be tested .

A further amending Directive ( Directive 91 / 225 / EEC ( 4 ))
establishes procedures for the announcement of separate
Directives for testing the items listed in Annex II . Under
the terms of reference of that amending Directive, two

No C 51 / 4 Official Jourrial of the European Communities 22 . 2 . 93

Directives have been adopted which concern the methods
and standards for testing vehicles ' braking systems ( 5 ) and
vehicles ' gaseous emissions / diesel smoke opacity ( 5 ).
Proposals on other aspects of testing vehicles during
technical inspections are in preparation .

o OJ No L 47, 18.2 . 1977 .
O OJNoL222, 12 . 8 . 1988 .
O OJ No L 178, 6 . 7 . 1991 .
( 4 ) OJ No L 103, 23 . 4 . 1991 .
( 5 ) OJN0L225, 10 . 8 . 1992 .

WRITTEN QUESTION No 472 / 92

by Mrs Imelda Read ( S )
to the Commission of the European Communities

(9 March 1992 )

( 93 / C 51 / 07 )

Subject : Food imports

What monitoring does the European Commission
undertake of food imports from former Eastern Bloc
countries ?

WRITTEN QUESTION No 473 / 92

by Mrs Imelda Read ( S )
to the Commission of the European Communities

(9 March 1992 )

( 93 / C 51 / 08 )

Subject : Food imports

If monitoring of food imports from the former Eastern
Bloc countries is undertaken, what results and findings
are available and how are these obtained ?

WRITTEN QUESTION No 474 / 92

by Mrs Imelda Read ( S )
to the Commission of the European Communities

(9 March 1992 )

( 93 / C 51 / 09 )

Subject : Food imports

What guarantees are sought from former Eastern Bloc

countries on food imports with regard to such aspects as
pesticides residue levels, production standards,
slaughtering procedures and are these in line with our
own EC production standards ?

Joint answer to Written Questions Nos 472 / 92, 473 / 92

and 474 / 92

given by Mr Mac Sharry
on behalf of the Commission

( 30 October 1992 )

Generally speaking, the guarantees required for imports
of food products from East European countries are
identical to those required for imports from other
countries outside the Community .

In particular, in the veterinary field and for products of
animal origin, the Community has established, and
continues to do so, Community arrangenients for imports
of these products . As regards meat, in addition to the
basic decisions principle adopted by the Council, the
Commission has established conditions on animal health
and valid health certificates for each East European

country .

Lists of establishments approved for export to the
Community are also adopted by the Commission .

As regards inspections at the external frontier, the
relevant legal instrument is Council Directive
90 / 675 / EEC of 10 December 1990 laying down the
principles governing the organization of veterinary
checks on products entering the Community from third
countries (*). To date the Community has no general data
bases on the results of checks carried out at the external
frontiers by each Member State . The keeping of such
bases is provided for in the decision adopted by the
Council in July 1992 on the computerization of veterinary '
import procedures in connection with the Shift project .
The Commission has yet to adopt the implementing

decisions for the establishment of such data bases .

C ) OJN0L373, 31 . 12 . 1990 .

WRITTEN QUESTION No 579 / 92

by Mr Sotiris Kostopoulos ( S )
to the Commission of the European Communities

( 19 March 1992 )

( 93 / C 51 / 10 )

Subject : Postal charges for printed matter

Given that the Community is in favour of the free
dissemination of ideas and, in particular, the unrestricted
circulation of newspapers and periodicals, will it urge the
Greek Government to reject the latest increase in postal
charges for printed matter proposed by the Greek postal
authorities ?

Answer given by Mr Pandolfi

on behalf of the Commission

( 24 November 1 992 )

The setting of postal charges is the responsibility of the

authorities in each Member State . They take into

22 . 2 . 93 Official Journal of the European Communities No C 51 / 5

consideration certain economic factors on national postal
markets ( cost of staff, transport etc .) which vary from one
Member State to another . This situation is reflected in

large variations in the cost of postage for a standard ( 20 g )
letter, ranging from ECU 0,15 to 0,50 . Tariff decisions
are generally taken by government on the proposal of the
postal authorities, possibly taking into account the
opinions of other consultative postal bodies, where these
exist .

In the case of Greece, in response to the original proposal
to the relevant ministry for an increase in charges by the
Greek postal authorities, the Economy Ministry
recommended an across-the-board reduction in the new
scale of tariffs proposed .

In general terms, the Commission 's view, as expressed in
the recent Green Paper on the development of the single
market for postal services ('), is that postal tariffs should
be related to the average costs of each service . For certain
services this criterion may be waived however for social
reasons, e.g. letters or printed matter in braille for the
blind which, subject to certain limitations, may be posted
free of charge . In some Member States, for example, there
are reduced tariffs for cultural objects ( books, magazines,
newspapers ).

O COM(91 ) 476 final .

WRITTEN QUESTION No 622 / 92
by Mr Gianfranco Amendola and Mr Virginio Bettini ( V )

to the Commission of the European Communities

( 23 March 1992 )

( 93 / C 51 / 11 )

Subject : Planned opening of the Thermoselect plant in

Verbania ( Italy ) and its environmental impact

assessment

In 1990 the works of the Zurich company Thermoselect in
Villadossola ( Italy ) were closed down after experimenting
with the pyrolysis treatment of solid urban waste without
authorization from the Piedmont Region as required
under DPR 915 / 82 which enforces the Community 's
waste Directives 75 / 442 / EEC ( x ) and 78 / 319 / EEC ( 2 ).

In 1990, and for more than a year thereafter, the same
company carried out experiments in a residential area, this
time in Verbania, without ever receiving formal
authorization from the Piedmont Region .

The company had asked the Piedmont Region for
permission to experiment with a thermal treatment
process for solid urban waste by means of pyrolytic
decomposition in the Verbania Grand Plain on an

industrial site of 22 000 m 2 with a capacity of
approximately 100 tonnes per day, and in an area where a
waste incineration plant is already situated .

The Regional Technical Committee delivered a
favourable opinion on the project on 19 March 1991, but
no environmental impact assessment, either separate or
cumulative, has been carried out .

1 . Does the Commission not consider that this project

may have a considerable impact on the environment
and should therefore be subject to an impact
assessment as provided for under Article 2 of
Directive 85 / 337 / EEC ( 3 )?

2 . If so, what approaches does the Commission intend to
make to the local competent Italian authorities ?

o OJ No L 194, 25 . 7 . 1975, p . 47 .
O OJ No L 84, 31 . 3 . 1978, p . 43 .
O OJ No L 175, 5 . 7 . 1985, p . 40 .

Answer given by Mr Van Miert

on behalf of the Commission

( 25 November 1992 )

The project referred to by the Honourable Members is
not one of the types listed in the Annexes to Directive
85 / 337 / EEC which are subject to a compulsory impact
assessment if they are likely to have significant effects on
the environment by virtue inter alia of their nature, size or
location .

The Commission therefore does not have any legal basis
on which to approach the Italian authorities .

WRITTEN QUESTION No 769 / 92

by Mr Christopher Jackson ( ED )
to the Commission of the European Communities

(6 April 1992 )

( 93 / C 51 / 12 )

Subject : Mutual recognition of teachers ' qualifications

I am told by a British teacher who has had difficulty in
obtaining employment in France that, contrary to the
mutual recognition of qualifications, teachers of other
nationalities are required to pass an additional
examination involving knowledge of French culture and
language .

Is this in the view of the European Commission in
accordance with EC law ?

No C 51 / 6 Official Journal of the European Communities 22 . 2 . 93

Answer given by Mr Bangemann

on behalf of the Commission

( 15 October 1992 )

The Commission is not aware that France requires
nationals of other Member States to pass an additional
examination on their knowledge of French literature and
culture . It would, therefore, suggest that the Honourable
Member submit the specific cases in question for
examination by its departments .

As a general point the Commission would stress that
Directive 89 / 48 / EEC on a ' general system ' (') is intended
to apply to teachers . This Directive lays down the
principle of automatic recognition of the diploma
( Article 3 ) in cases where the applicant wishes to pursue
the same profession in the host Member State as in the
Member State of origin and where all the other
requirements have been met, but it allows the host
Member State to require the migrant either to take an
aptitude test or to complete an adaptation period
( Article 4 ) in cases where there are substantial differences
between training courses . The choice is left to the
migrant .

Similarly, in the Commission 's view, Directive
89 / 48 / EEC does not prevent France from requiring those
covered by the Directive to sit the same examination as
their colleagues trained in France provided that it is a
recruitment examination .

Without necessarily being incompatible with Community

law, these procedures may therefore involve indirect
checks on knowledge of the language or even, depending
on the branch and type of training in question, the culture
of the host Member State .

In this connection, it is appropriate that Community
nationals wishing to pursue their profession in another
Member State under Directive 89 / 48 / EEC should

possess the linguistic knowledge necessary to do so . As
regards teachers, it should be noted that Article 5 ( 1 ) of
Council Regulation ( EEC ) No 1612 / 68 of 15 October

1968 ( 2 ) allows provisions laid down by law, regulation or
administrative action or administrative practices of a
Member State to stipulate conditions relating to linguistic
knowledge required by reason of the nature of the post to
be filled .

Under this Regulation and in the case of certain teachers
in particular, where the employer requires specific
knowledge and skills from nationals of the host Member
State, it is reasonable that the latter should require the
same knowledge and skills from the migrant . This may
involve linguistic knowledge in particular but also other
knowledge and skills required for the post to be filled .

However, a systematic prior examination of the migrant 's
linguistic knowledge would be contrary to Community
law . Even where it allows examinations of linguistic
knowledge, the Court ( 3 ) stipulates that these

requirements should not be discriminatory or
disproportionate and that account should be taken of the
linguistic knowledge that the migrant has already
acquired outside the host Member State .

(') OJNoL 19, 24 . 1 . 1989 .
O OJ No L 257, 19 . 10 . 1968 .
O Case 379 / 87 Groenerv . Ireland ( 1989 ) ECR 3967 .

WRITTEN QUESTION No 823 / 92

by Mr Gijs de Yries ( LDR )
to the Commission of the European Communities

( 14 April 1992 )

( 93 / C 51 / 13 )

Subject : Protection of software in Germany : US Trade

Bill

American computer software publishers have requested
the US Government to place Germany on the ' priority
watch list ' under Section 301 of the 1988 Trade and

Competitiveness Act for alleged failure on the part of the
German Government to enforce copyright laws
concerning software in the former territory of East
Germany ( J ).

1 . Will the Commission consult European undertakings

to establish whether software is in fact being illegally
pirated on a large scale in the former territory of East
Germany ?

2 . Will the Commission officially inform the American

Government that unilateral trade measures on the
basis of Section 301 are unacceptable, for the
Community and infringe the letter and spirit of the
TRIPS agreement currently being considered in
GATT ?

(') Financial Times, 25 February 1992 .

Answer given by Mr Andriessen

on behalf of the Commission

( 20 November 1992 )

The Commission is aware of the fact that the authorities

of the United States issued on 29 April 1992 their annual
review of identifying allegedly unfair, trade practices by
other countries under the so-called special 301 of the
Omnibus Trade and Competitiveness Act of 1988 .

Because of Germany 's allegedly unsatisfactory protection
of computer software from which US software publishers
claim to suffer heavy commercial losses, Germany has
been maintained on the special 301 ' Watch List ', US
Industry having requested that Germany be elevated to
' Priority Watch List '.

22.2.93 Official Journal of the European Communities No C 51 / 7

The prime concern of the US software industry focuses
on the high level of originality which is required for
software to be protected as a copyright work under
German law, which applies in all parts of the Federal
Republic .

In order to implement Council Directive 91 / 250 / EEC of

14 May 1991 (*), it is the Commission 's understanding
that the German authorities are examining the possible
modification of German laws for software protection .

In the light of this situation, the Commission has
presently no intention to conduct a research as regards
illegal software copying in the new Bundeslander of the
Federal Republic, but is aware of the concerns expressed
by the software industry in this respect .

(') OTNoL 122, 17 . 5 . 1991 .

WRITTEN QUESTION No 829 / 92
by Mr Joaquim Miranda Da Silva ( CG )
to the Commission of the European Communities

( 14 April 1992 )

( 93 / C 51 / 14 )

Subject : Drought in Portugal

The prolonged drought in Portugal and in certain areas of

other Member States is likely to cause that country 's
largest-ever agricultural crisis, the effects of which are
now starting to be felt, particularly in the stockbreeding
and cereals sector .

Certain winter crops have already been lost, and the same
is likely to happen to spring crops . Livestock are dying for
lack of pasture .

Serious problems of drinking water supply are also likely
to arise in certain areas . In view of this, the Portuguese
Government is being urged to declare a state of

emergency .

In any event it will be necessary for the national
authorities to adopt emergency measures to assist farmers
in the most affected areas, in particular the Alentejo and
Ribatejo areas in particular by means of grants, new credit
lines and subsidized loans in order to carry out certain
rural projects ( wells, etc .), and the Community must take
urgent and effective accompanying measures .

Can the Commission provide information as soon as
possible on this matter in particular the steps which it
intends to take to cope with this extremely serious
situation ?

Answer given by Mr Mac Sharry

on behalf of the Commission

( 30 October 1992 )

The Commission is aware of the extent of the damage

suffered by Portuguese agriculture as a result of the
drought and of the urgency of measures to confront this
situation .

In April Commission officials visited the areas worst
affected by the drought in order to assess the situation
first hand and discuss with the Portuguese authorities a
number of additional measures with the aim of tackling
the situation with the seriousness which the circumstances

demand .

In May the Monitoring Committee of the Community
Support Framework for Portugal approved loans from
the EAGGF Guidance Section totalling ECU 50,99
million for an operational programme comprising :

— aid for planting fodder crops in order to improve the

supply of animal feed ;

— special subsidized loans for farmers who have
suffered losses ;

— investment aid to improve water catchment and supply

on agricultural holdings ;

— aid to improve fire-fighting and fire prevention

means .

This operational programme was approved by the
Commission in July .

In addition, the Commission has submitted to the
Council, and to Parliament for an opinion, a proposal for
a Regulation concerning special measures to assist
farmers affected by the drought in Portugal .

The draft Regulation is currently before Parliament

awaiting its opinion . It provides for aid measures totalling
ECU 98 million for cereal producers and livestock
farmers .

WRITTEN QUESTION No 946 / 92
by Mr Yirginio Bettini and Mr Gianfranco Amendola ( V )

to the Commission of the European Communities

( 15 April 1992 )

( 93 / C 51 / 15 )

Subject : Car-free city centre

Following the proposal from the European
Environmental Commissioner for a research programme
on a ' car - free city centre ', will the Commission table this
as a formal proposal ?

No C 51 / 8 Official Journal of the European Communities 22 . 2 . 93

Answer given by Mr Van Miert

on behalf of the Commission

( 7 December 1992 )

The objective of the report on cities without cars was to

demonstrate the principles and socioeconomic
consequences of fundamentally changing the priorities in
city transportation . The report demonstrates that a city
can function without giving such a high priority to the
motor car . The concepts in the report envisage a city in
which priority is given to pedestrians and public
transportation, with the private motor car still present but
with restricted access .

This report has been prepared as part of the follow up to
the Commission 's Green Paper on the Urban
Environment and aims to encourage town and city
authorities to rethink their local transport policies with a
view to improving environmental conditions . Consistent
with the principle of subsidiarity, the Commission
recognizes that such decisions are best taken at the local
level, and does not envisage any legislative initiatives . It
intends, however, to continue this initiative and at
present, the concept of supporting a network of exchange
of experience between cities on such matters is being
studied . Consideration will also be given to supporting
pilot projects which aim to demonstrate these concepts
within the framework of the LIFE programme .

WRITTEN QUESTION No 1078 / 92

by Mr Reimer Boge ( PPE )
to the Commission of the European Communities

( 30 April 1992 )

( 93 / C 51 / 16 )

Subject : Use of biological oils for offshore drilling

The British Institute for Marine Engineering at Heriot
Watt University estimates that in British North Sea waters

alone, between 70 000 and 80 000 tonnes of
petroleum-based lubricants are currently in use and that
their residues are a grave threat to the marine
environment .

Can the Commission say what quantity of lubricant is
used in the North Sea area as a whole and what
importance it will attach in the future to the use of
biologically degradable products in this sector ?

Is the Commission prepared, as part of the Community 's
research programmes, to investigate the possibilities of
replacing petroleum products with biological oils in
lubricants ?

Answer given by Mr Van Miert

on behalf of the Commission

( 4 November 1 992 )

The matter raised by the Honourable Member falls within
the scope of the Paris Convention which on 17 June 1988
adopted decision 88 / 1 on the use of oil-based muds . This
decision is the basis of current practice .

The EEC is a contracting party of the Paris Convention
and of the Bonn agreement, and has an observer status in
the Oslo Convention and in the International Maritime

Organization .

The amount of non-biodegradable mineral oil discarded

is said to exceed 29 000 tonnes per year in the North Sea
( source : IFP, 1992 ).

Out of these 29 000 tonnes, 90 % would be discharged in
the form of oily cuttings . In 1992, around 400 wells will be
drilled in the United Kingdom and Norwegian areas, 70 %
of them using oil-based muds . Numerous works have
been undertaken to evaluate the effect of oil pollution on
the marine environment . They pointed out that
perturbating effects on benthic fauna settled down

around the platform could be very drastic . Improved
knowledge of these polluting effects has had as a
consequence a fast evolution of environmental legislation
ruling the use of oil-based muds . Off-shore international
legislation is becoming very demanding ( discharge levels
have been reduced from 150 g oil per kg cuttings to 100 g
oil per kg cuttings in 1992 ). But its effective
implementation remains questionable .

For many years, oil-based muds have proven to be the
most performant and cost effective drilling fluids in
hostile drilling situations .

However, their intensive use make oil-based muds an
important source of pollution . This has led to an extensive
industrial effort to design less noxious fluids in order to
match environmental regulations .

Two main types of fluids have been developed in the last
decade : improved water-based muds ( nearly pollution
free ) and vegetable oil-based muds ( biodegradable ).

For both types of substitution fluids mentioned above, the
selection of appropriate additives for mud formulations is
still largely empirical .

The Commission involvement in this R&D area ( via its

Hydrocarbons R&D programme ) would eventually
accelerate the availability of results and contribute to the
switch to biodegradable or water-based drilling fluids .

22.2.93 Official Journal of the European Communities No C 51 / 9

WRITTEN QUESTION No 1116 / 92

by Mr Kenneth Collins ( S )
to the Commission of the European Communities

( 11 May 1992 )

( 93 / C 51 / 17 )

Subject : Definition of ' suspended particulates '

With reference to Council Directive 80 / 779 / EEC (*) on

air quality limit values for sulphur dioxide and suspended
particulates, will the Commission define ' suspended
particulates ' and confirm that the same definition is used
throughout the Member States .

0 ) OJ No L 229, 30 . 8 . 1980, p, 30 .

suitable for bathing . The Public Works, Urban
Development and Transport Board of the Government of
Valencia has submitted plans for the construction of a
plant for the preliminary treatment and filtration of solid
waste to be linked up to a submarine discharge system .
The Environmental Agency ( now the Environmental

Board ) has produced an unfavourable environmental
impact assessment advising against this plant .

Does the Commission not consider that the installation of
a purification plant would be more appropriate in order to
ensure proper sanitation in Torreblanca y Torrenosa
in accordance with Commission communication

90 / C-115 / 03 on Envireg ?

Answer given by Mr Van Miert

on behalf of the Commission

Answer given by Mr Van Miert ( 24 November 1992 )

on behalf of the Commission

( 7 December 1 992 )

Directive 80 / 779 / EEC offers a choice between two
methods of measuring suspended particulates in the air .
In practice, the method used determines the type of
particulates sampled and measured : fine carbon
particulates in the case of the black smoke method and
particulates of all kinds in the case of the gravimetric
method .

Hence, two different fractions of suspended particulates
in the air are involved . There is not at present a clear
definition of suspended particulates covered by the
Directive . However, the limit values set in the Directive
and in Directive 89 / 427 / EEC take account of these
differences between the types of particulates sampled .

This problem will be examined as part of the revision of
the air quality directives scheduled to start in 1993, and
the Commission will specify which fraction or fractions of
particulates will be covered .

WRITTEN QUESTION No 1128 / 92

by Mr Juan Bandrés Molet ( V )
to the Commission of the European Communities

( 11 May . 1992 )

( 93 / C 51 / 18 )

The Commission cannot comment on specific decisions
taken by a local authority on the treatment of waste water,
as long as the obligations imposed by Community law are
complied with .

This is currently the case with regard to Directive
76 / 160 / EEC O :

I

According to measurements taken during the 1991
bathing season and communicated by the Spanish
authorities, the obligatory bathing water values contained
in Directive 76 / 160 / EEC are met for all parameters at the
two sampling points . At one of the two points the guide
values for total and faecal coliforms were also met, which
is an indication of very good quality water .

The obligations with regard to the treatment of urban
waste water, which the Member States must incorporate
into national law by 30 June 1993 at the latest, derive from
Directive 9 1 / 271 / EEC ( 2 ).

The level of treatment required by this Directive depends,
first, on the maximum average weekly load to be treated,
expressed in terms of population equivalent ( p.e .), and,
secondly, on the environmental sensitivity of the area into
which the water is discharged . The Member States are
required to identify sensitive and less-sensitive areas
under the Directive by 31 December 1993 .

Furthermore, as the timetable for application of the
Directive only begins in 1999, the Commission cannot
evaluate decisions taken by the Member States before that
date .

Subject : Installation of sanitation facilities in Torreblanca O OJ No L 31, 5 . 2 . 1976 .

y Torrenosa ( La Plana Alta — Valencia ) O OJN0LI35, 30 . 5 . 1991 .

According to an EC report on bathing water for

1989 — 1990, Torreblanca y Torrenosa beach is not

No C 51 / 10 Official Journal of the European Communities 22 . 2 . 93

WRITTEN QUESTION No 1162 / 92

by Mrs Mary Banotti ( PPE )
to the Commission of the European Communities

conditions of Article 10 ( 1 ) ( b ), Member States can no
longer issue import permits . That has been the case for
Indonesia but not, as indicated above, for Guyana .

( 15 May 1992 ) O OJNoL 384, 31 . 12 . 1982 .

( 93 / C 51 / 19 )

Subject : Imports of birds

On 21 February 1992 a consignment of birds of species
listed in Appendix II of CITES arrived at Schiphol
Airport, Amsterdam . The consignment was divided and
the birds forwarded to destinations in the Netherlands,
the United Kingdom, Germany, Denmark and Italy .
Guyana stated at the recent CITES conference in Kyoto
that it was not able to provide the assurances necessary
under Article IV of CITES that trade in such species was
non-detrimental . The above export therefore constitutes a
breach of Article IV .

Does the Commission believe the importing countries in
the above case are also in breach of Article IV by aiding
and abetting the exporting country ?

Does the Commission intend to ban imports of wildlife
from Guyana as it has from Indonesia ?

Answer given by Mr Van Miert

on behalf of the Commission

( 8 December 1 992 )

Although exports of live birds from Guyana may not be
based on extensive population surveys, they take place in
the context of an export quota system which was agreed
to by the CITES Secretariat and by the Committee on the
Convention, established under Council Regulation ( EEC )
No 3626 / 82 (').

The established quotas are much lower than the numbers

of birds exported before the adoption of the system .
Current exports are not considered to be detrimental to
the survival of the species concerned and Guyana is
therefore not in breach of Article IV of the Convention .

Imports into the Community of species listed in Annex C,
part 2 of Regulation ( EEC ) No 3626 / 82 take place on the
basis of the provisions of its Article 10 ( 1 ) ( b ). In view of
the acceptance of the export quotas of Guyana by the
Committee on the Convention, importing Member States
are not in breach of Community legislation . They are not
in breach of Article IV of the Convention because the
obligations thereunder are limited to the collection of
export permits at the time of importation .

As soon as it is established that imports of wild animals

and plants of any of the species listed in Annex C part 2 to
Regulation ( EEC ) No 3626 / 82 would not meet the

WRITTEN QUESTION No 1175 / 92
by Mr Gerardo Fernández     - Albor ( PPE )
to the Commission of the European Communities

{ 15 May 1992 )

( 93 / C 51 / 20 )

Subject : The development of rural tourism in the
Community

Rural tourism offers an alternative form of holiday for
those whose main wish is to come into contact with nature
and a rural way of life .

Accommodation facilities for rural tourism are growing,
together . with the number of holiday-makers, and
awareness has grown of the need for Community tourism
policy to take account of this form of tourism .

Can the Commission state what prospects are in store for
Community action in this sector and what effect it will
have on the future of regional development ? What is the
Commission 's assessment of Community action in the
sector of rural tourism ?

Answer given by Mr Cardoso e Cunha

on behalf of the Commission

( 4 November 1 992 )

On 4 June 1992 the Ministers for Tourism, meeting within
the Council, took a decision to establish for a three-year
period beginning on 1 January 1993 a Community action
plan to assist tourism which includes measures to promote
rural tourism . These measures, some of which were set
out in the Commission communication on Community
action to promote rural tourism ('), are intended to
promote forms of tourism involving activities in a rural
environment, and in particular holidays spent on farms
and in small, family-run hotels and tourism projects
managed by associations and by municipal or local
authorities .

This objective will be attained by measures to support
partnership initiatives between those active at local,
regional and European level focusing on exchanges of
experiences and of information on practices, to improve
information for countryside-based operators and access
by them to the various Community aid schemes for rural
tourism, to provide incentives to improve the quality of
the rural tourism product and to support measures for
facilitating access to tourism in rural areas .

22.2.93 Official Journal of the European Communities No C 51 / 1 1

These measures will be put into effect by the Commission,

acting in close cooperation with the Member States .

As early as 1991, after publication in the Official Journal of

the European Communities of a call for proposals with a
view to supporting pilot projects in the field of rural and
cultural tourism ( 2 ), the Commission selected 53 projects
totalling ECU 1 378 500 which are currently being
implemented . Some of these projects concern farm-based
tourism .

Apart from these horizontal support measures,
farm-based tourism, and more generally rural tourism, is
one of the priority areas for Community assistance for
regions whose development is lagging behind or for rural
areas ( Objectives 1 and 5 ( b ) of the reform of the
structural Funds ), either under operational programmes
provided for in Community support frameworks or under
the Community 's Leader initiative, with those concerned
opting to base their development strategies on the
exploitation of local tourism resources . With regard to
Objective 5 ( a ), Council Regulation ( EEC ) No 2328 / 91,
of 15 July 1991 on improving the efficiency of agricultural
structures ( 3 ) includes provision for aid for
tourism-related investments by farms . Implementation of
these programmes by the Commission in partnership with
the competent authorities of the Member States has been
viewed favourably overall ( see the Commission
communication on Community structural policies :
Assessment and outlook ) ( 4 ).

Finally, farm-tourism projects are supported through
other programmes for vocational training ( the Force and
Euroform programmes ) or for the application of
information and communication technologies in rural
areas ( the ORA programme ).

o COM(90 ) 438 final .
O OJNoC 128, 18 . 5 . 1991 .
O OJ No L 218, 6 . 8 . 1991 .
( 4 ) COM(92 ) 84 final .

WRITTEN QUESTION No 1180 / 92

by Mr Juan Bandrés Molet ( V )
to the Commission of the European Communities

( 15 May 1992 )

( 93 / C 51 / 21 )

Subject : Construction of an incineration plant in the

Horta district ( Valencian Autonomous
Community )

Action No 5.2.2 of the Valencian Autonomous
Community 's ' operational programme ' provides for the
construction of an incineration plant for urban waste in

the Horta district . The Valencian Generalitat, as the
institution responsible, has provided for investment, on
the basis of the ERDF programme, of PTA 7,2 million for

1990, PTA 62,5 million for 1991 and PTA 80,4 million for

1992 .

Relevant Community legislation includes Council
Directive 85 / 337 / EEC (') of 27 June 1985, incorporated
into national legislation by Law 2 / 89 on environmental
impact of 3 March 1989 . The Commission has served
notice on the Spanish authorities - for failure to
incorporate this directive correctly into Spanish law .

Can the Commission ascertain what part of the budget
has been implemented on this project ? What is the
Commission 's opinion of an environmental impact
assessment carried out on the basis of defective
incorporation of Community law ?

o OJ No L 175, 5 . 7 . 1985, p. 40 .

Answer given by Mr Van Miert

on behalf of the Commission

( 24 November 1992 )

The construction of an incineration plant for urban waste

in the Horta district ( Valencia ) is a project covered by
Annex II to Directive 85 / 337 / EEC and must therefore be
the subject of an impact assessment if its effects on the
environment are likely to be significant by virtue inter alia
of their nature, size or location .

As the Honourable Member rightly pointed out, Spain
has not properly incorporated the above Directive into
national law and, in particular, has not adopted
appropriate provisions in respect of Annex II . The
Commission has therefore initiated proceedings against
Spain for failure to transpose the Directive properly .

However, Law 2 / 89 of 3 March 1989 and points 6 ( a ) and
( d ) of Annex I to Decree 162 / 1990 of the autonomous
Region of Valencia on environmental impact do provide
for an environmental impact assessment ( EIA ) for this
type of facility .

An EIA co-funded by the Commission is therefore being
carried out for the project concerned .

The project in the Horta district, which was approved by
Commission Decision of 14 December 1990, at the
moment represents an investment of only PTA 33,5
million, to be spent mainly on basic technical studies .
Work was planned to begin in early July 1992, following

completion of the EIA . The funds earmarked for
construction will increase to PTA 2 billion by the end of

1994 and 4 billion in 1993 .

NoC 51 / 12 Official Journal of the European Communities 22.2.93

The incineration plant to be constructed in the Horta
district must also comply with the provisions of
framework Directive 84 / 360 / EEC on the combating of
air pollution from industrial plants and Directive
89 / 369 / EEC on the prevention of air pollution from new
municipal waste incineration plants .

WRITTEN QUESTION No 1277 / 92

by Mr Christian de la Malène ( RDE )
to the Commission of the European Communities

( 4 June 1 992 )

( 93 / C 51 / 22 )

Subject : The future of the European motor industry and

the Community 's relations with Japan

According to US car manufacturers, the decision
announced by Japan in March of this year to reduce its
quota of exports to the USA from 2,3 million cars to 1,65
million for the 1992 — 1993 fiscal year will in no way
prevent Japanese manufacturers from increasing their
factories in the USA .

Can the Commission say whether the Japanese
' transplants ' ( production units ) in the USA are taken into
consideration in the EEC-Japan motor industry
agreement of July 1991 ? If they are not, what is the reason
for this ?

Furthermore, a voluntary quota on Japanese vehicle
exports to the USA has been in force since 1985 .
However, although Japanese manufacturers have
exported fewer and fewer cars to the USA over the last
few years, Japanese factories in that country have come on
stream and increased their rate of production . ( In
1991 — 1992 the percentage of the US market held by
Japanese makes is due to increase from 26 to 26,5 % ). Can

the Commission explain in what way Japanese
' transplants ', which have been established in the UK in
particular, were taken into consideration in the 1991
agreement ?

Given the precedent set by the state of affairs in the USA
and in view of the recent announcement by various
Japanese manufacturers that they intend in the near future

to increase production at their ' transplant ' factories in
Europe, does the Commission not fear that we are
currently witnessing a significant growth in Japan 's
penetration of the European market which will exceed the
terms of the agreement not just after but even before the
end of the transitional period provided for in the 1991
agreement ?

Answer given by Mr Bangemann

on behalf of the Commission

(3 November 1992 )

The arrangement which the Community and Japan came
to in July 1991 with regard to the motor vehicle sector
takes no account of the production of Japanese makes of
car which comply with the American rules of origin . For
this an agreement would have been needed with the
United States, who are net importers of European cars .

The Commission would inform the Honourable Member
with regard to the taking into account of Japanese
transplants within the Community that, during the
negotiations, it based itself on various working
hypotheses, including that concerning the expansion, by
Japanese companies established within the Community,

of production intended to be sold on the Community
market . There has so far been no reason to reexamine that
hypothesis .

The Commission thus does not see any reason to fear a

significant increase in Japanese penetration above and
beyond the forecasts arising ( a ) from implementation of
the agreement and ( b ) the Commission 's working
hypothesis . It has confidence that the European industry
will use the transitional period in brder to boost its
competitiveness .

WRITTEN QUESTION No 1314 / 92

by Mrs Janey Buchan ( S )
to the Commission of the European Communities

(5 June 1992 )

( 93 / C 51 / 23 )

Subject : Celebrations of the discovery of America

The centenary of the discovery of America by
Christopher Columbus has been marked by a great
number of festivities and events, many of which have
taken place with the support of the European
Community . In this regard, could the Commission :

1 . list those activities / events which have taken or will
take place with financial support from the
Community ?

2 . for each of these, also give the amount of EC funding

and the name of the organizing body which received
the funding, including those cases where the event was
in fact organized by a Member State Government or
by an Institution of the European Community ?

3 . include in this list activities / events organized and / or

taking place outside the Community ?

22 . 2 . 93 Official Journal of the European Communities No C 51 / 13

Answer given by Mr Matutes

on behalf of the Commission

( 23 November 1 992 )

The following is a list of activities / events funded or being
funded by the Commission in this connection :

1 . Seminar on economic cooperation and development
( Washington )

Organizing body : Sociedad Estatal 5 o Centenario
( Madrid )

1 1 . Exhibition of Contemporary Andean ceramics

Organizing body : Circuios Europeos en AL
Amount : ECU 150 000

WRITTEN QUESTION No 1454 / 92

by Mr Sotiris Kostopoulos ( S )
to the Commission of the European Communities

Amount : ECU 60 000 (6 June 1992 )

( 93 / C 51 / 24 )
2 . Seminar on Europe-Latin America and 1992

Organizing body : Sociedad Estatal 5 o Centenario
( Madrid )
Amount : ECU 65 000

3 . Grant for publication of a book : ' Notre Amérique

Métisse '

Organizing body : Edition La Découverte ( Paris )
Amount : ECU 20 000

4 . Publication of a book : ' Historia y Sociedad en

Centro America '

Organizing body : Sociedad Estatal 5 o Centenario
Amount : ECU 300 000

5 . Rio Group-EC meeting of businessmen

Organizing body : Confederación de Empresarios de
Andalucía

Amount : ECU 209 000

6 . Euro-America 92 : ( a ) Meeting of Chambers of
Commerce, ( b ) Industrial cooperation

Organizing body : Consejo sup . de Cámaras de
Comercio de España
Amount : ECU 500 000

7 . EUR - LA inter-university meeting in Granada

Organizing body : Coimbra Group ( Brussels )
Amount : ECU 1 15 000

8 . Desarrollo cultural de la región Guaranitica

Organizing body : Provincia de Corrientes
( Argentine )
Amount : ECU 50 000

9 . Production of a video-disc on EUR - LA relations

Organizing body : Sociedad Estatal 5 o Centenario
Amount : ECU 100 000

10 . Exhibition on the history of maize

Organizing body : Coimbra Group ( Brussels )
Amount : ECU 100 000

Subject : Destruction of the Lake of Vouliagmeni
Perachora

Owing to the indifference of the authorities, a marvellous
region full of pine trees and olive trees and ancient
monuments is being destroyed . This is the region of the
Lake of Vouliagmeni Perachora which is being spoiled by
unauthorized building, even in the woods ; this means that
the houses have no septic tanks and the sewage ends up in
the lake .

What action does the Committee intend to take to protect
this lake and its ancient monuments ?

Answer given by Mr Van Miert

on behalf of the Commission

( 7 December 1 992 )

There are a number of existing Directives such as Council

Directive 76 / 160 / EEC on the quality of bathing water ('),
which are designed to control aquatic pollution in certain

specified circumstances . Nevertheless, it is for the Greek
Government to take such action as is necessary to comply
with the obligations placed upon it by the various
Directives related to water quality .

Lake Vouliagmeni has been identified as an area of
bathing water under Council Directive 76 / 160 / EEC by
the Greek authorities . However, as the sampling
frequency was generally inadequate during 1991, it has
not been possible for the Commission to assess the water
quality of Lake Vouliagmeni in relation to the Directive .

Finally, Council Directive 9 1 / 271 / EEC ( 2 ) on urban
waste water treatment which has to be implemented by
Member States over the next decade should help to reduce
pollution of Lake Vouliagmeni .

O OJNoL31,5 . 2 . 1976 .
O OTNoL 135, 30.5 . 1991 .

No C 51 / 14 Official Journal of the European Communities 22.2.93

WRITTEN QUESTION No 1535 / 92

by Mr Sotiris Kostopoulos ( S )
to the Commission of the European Communities

( 16 June 1992 )

( 93 / C 51 / 25 )

Subject : The killing of foxes

Bait impregnated with cyanide is being used to poison
foxes throughout Greece on the pretext that the damage
caused by these animals has increased alarmingly .
According to statistics published by the University of
Thessaloniki, more than 55 000 foxes are killed on
average each year together with several thousand other
animals and wild birds . Does the Commission intend to
call on the Greek authorities to put a stop to the killing of
foxes and other animals and wild birds ?

Answer given by Mr Van Miert

on behalf of the Commission

( 7 December 1 992 )

According to the competent Greek authorities ( Central
and Regional Department of the Ministry of Agriculture ),
fox populations are currently managed on the basis of
local conditions in the various departments concerned .

Foxes are not covered by the Annexes to Directive
92 / 43 / EEC on the conservation of natural habitats and
of wild fauna and flora ('). This matter is therefore one to
be dealt with at national level .

(') OJ No L 206, 22 . 7 . 1992 .

WRITTEN QUESTION No 1597 / 92

by Mr Herman Verbeek ( V )
to the Commission of the European Communities

( 24 June 1992 )

( 93 / C 51 / 26 )

Subject : Protection of threatened cattle breeds in the EC

2 . What bodies, organizations, etc . are being ( or have

been ) consulted in drawing up the list ?

3 . What criteria for eligibility are applied to cattle

breeds ?

4 . Given the rapid disappearance of certain old breeds, is
the Commission also cdnsidering launching a special
programme to ensure their survival ?

Answer given by Mr Mac Sharry

on behalf of the Commission

( 30 October 1992 )

1 . As part of the accompanying measures of the CAP
reform, the Commission intends to make endangered
local breeds eligible for premium as part of agricultural
production programmes compatible with the
environment .

Cattle, equidae, sheep and goats are specifically
mentioned in the Annex to Regulation ( EEC )
No 2078 / 92 ( 1 ).

2 . To administer these accompanying measures, the
Commission issued a call for tender to draw up an
inventory of endangered ruminants . The Institute of
Breeding in France, together with some of its EC
partners, is involved in drawing up the list .

3 . The following criteria for eligibility will be applied :

— Genetic factors . To what extent does the breed

contribute to the genetic diversity of the species ? Can
its characteristics be used for specialized breeding
purposes ?

— Social and cultural factors . These endangered breeds

are often linked to systems of production and
breeding practices characteristic of a particular region .

— The current livestock situation . The population of a

protected breed should be large enough to ensure its
survival and genetic diversity . The breed must remain
pure from a genetic point of view to justify a
conservation programme .

4 . The creation of this new premium for endangered
breeds plus the opportunity to introduce conservation
measures as part of regional development programmes
cofinanced by the Structural Funds should provide a
coherent framework for effective measures . The
Commission will encourage the involvement of Member
States .

As part of the ' accompanying environmental measures ' in
connection with the revision of the CAP, the Commission States .
has proposed a unit premium for threatened breeds of
cattle . o OJNoL215, 30 . 7 . 1992 .

1 . Has the Commission drawn up a list of breeds eligible

for the premium ?

22.2.93 Official Journal of the European Communities No C 51 / 15

WRITTEN QUESTION No 1631 / 92

by Mr Sotiris Kostopoulos ( S )
to the Commission of the European Communities

( 24 June 1 992 )

( 93 / C 51 / 27 )

Subject : The implementation of the directive on the

supervision and control within the European
Community of the transfrontier shipment of
hazardous waste

Directive &4 / 631 / EEC (') on the supervision and control
within the European Community of the transfrontier
shipments of hazardous waste has been in force since 14
October 1985 . Article 13 of the directive stipulates that
Member States shall forward reports to the Commission
every two years on the implementation of this directive .
Can the Commission state whether all the Community
Member States have forwarded the reports to it without
fail as stipulated in Article 13 of Directive 84 / 631 / EEC ?

(') OJ No L 326, 13 . 12 . 1984, p. 31 .

Answer given by Mr Van Miert

on behalf of the Commission

(4 December 1992 )

Article 13 of Directive 84 / 631 / EEC on the supervision
and control within the European Community of the
transfrontier shipment of hazardous waste obliges
Member States to forward to the Commission every two
years, and for the first time on 1 October 1987, reports on
the implementation of this Directive . This date is
postponed in regard of Portugal and Spain in accordance
with their adhesion to the Community in 1986 .

Despite this obligation until now only Belgium, Denmark
and the Netherlands have delivered reports as demanded
by the Directive . The other Member States have on
several occasions been reminded of their obligation to
report . The Commission is presently considering what
further action might be taken in order to work towards
the fulfilment of this obligation .

WRITTEN QUESTION No 1669 / 92

by Mr Jean-Pierre Raffin ( V )

to the Commission of the European Communities

(1 July 1992 )

( 93 / C 51 / 28 )

Subject : Poaching of turtle doves ( Streptopeha turtur ) in

the Medoc area of France

Two years ago several Members of the European
Parliament observed that, in the Medoc area poaching

was openly carried out without any action being taken by
the local authorities . This form of poaching, which is
unacceptable in a civilized country is accompanied by
verbal abuse or physical violence against naturalists who
merely call for compliance with the relevant French
legislation . The members lodged a complaint
( No 896 / 90 ). The activities observed in 1990 have
continued to occur in 1991 and 1992 .

What progress has been made in the proceedings
instituted by the Commission against France for
infringement of Article 7 of Directive 79 / 409 / EEC (')?

O OJ No L 103, 25 . 4 . 1979, p. 1 .

Answer given by Mr Van Miert

on behalf of the Commission

(8 December 1992 )

The infringement proceedings initiated against France in
respect of the facts referred to by the Honourable
Member are still in progress . The Commission is closely
following the matter and, in May 1992, asked the French
Ministry of the Environment for further information
about developments in the area concerned . It will decide
whether to continue with the proceedings in the light of
the reply from the French authorities .

WRITTEN QUESTION No 1719 / 92

by Mr Louis Lauga ( RDE )
to the Commission of the European Communities

(1 July 1992 )

( 93 / C 51 / 29 )

Subject : Freedom of movement for travelling people

As we approach the Single Market and the
implementation of the Maastricht Treaty, some thought
should be given to the material and non-material interests
of travelling people ( caravan dwellers, fairground
workers ) throughout the Community .

What measures does the Commission intend to take, to

allow this category of Community citizens to carry on
their activities and uphold their dignity in the general
context of freedom of movement and freedom of
establishment for goods and persons ?

Answer given by Mr Bangemann

on behalf of the Commission

( 20 November 1992 )

If they are nationals of a Member State, travelling people
engaging in economic activities which fall within the

No C 51 / 16 Official Journal of the European Communities 22 . 2 . 93

purview of the EEC Treaty are covered by its provisions negotiations . In general, the Commission has striven for
on the free movement of workers, the right of maximum liberalization of world steel trade .
establishment and freedom to provide services .

If they are not, they come within the laws of the Member
States on the entry and residence of nationals of
non-member States .

3 . The Agreement on interpretation and application of
Articles VI, XVI and XXIII of the GATT ( the subsidies
code ) states in footnote 15 that ' an understanding among
signatories should be developed setting out the criteria for
the calculation of the amount of the subsidy '.

No such understanding has been reached ; therefore, no
GATT guidelines are available on calculation and
allocation of subsidies .

WRITTEN QUESTION No 1731 / 92

The Commission has regularly expressed its opinion that

by Mr Gijs de Vries ( LDR ) it does fundamentally disagree with the US practice of

to the Commission of the European Communities countervailing subsidies which were granted 1 5 years ago .

by Mr Gijs de Vries ( LDR )

(1 July 1992 )

( 93 / C 51 / 30 )

Subject : Trade in steel between Europe and America

1 . A multilateral steel agreement does not form part of
the draft final act of the Uruguay Round . What legal
connection will there be, therefore, between any
multilateral steel agreement and the Multilateral Trade
Organization which is to be set up ?

2 . Does the Commission agree that ' voluntary export
restrictions ' ( VERs ) are at variance with the basic
principles of the GATT, and that the EC must therefore
not agree to extend VERs on steel in trade with the
United States ?

3 . Is the provision in American law permitting
anti-subsidy measures to be imposed, to compensate for
state assistance that was granted 15 years ago, in
accordance with the GATT Anti-Subsidy Code ?

Answer given by Mr Andriessen

on behalf of the Commission

( 20 November 1992 )

1 . As the Honourable Member is aware, neither the
Uruguay Round nor the Multilateral Steel Agreement

( MSA ) negotiations have been concluded yet .

If both negotiations had been concluded it would have
been the intention of the parties involved in the MSA to
have the MSA added to Annex 4 of the Multilateral Trade
Organization ( MTO ) in order to achieve an institutional
linkage between the two Agreements . Further legal and
practical details were to be decided by the parties involved
in the negotiations .

2 . In the context of the bilateral steel consensus
between the US and EC, which elapsed on 31 March

1992, VRA 's have been possible . No extention of such
VRA 's has been discussed in the last stage of the MSA

WRITTEN QUESTION No 1789 / 92

by Mr Mario Melis ( ARC ), Mrs Felice Contu ( PPE )

and Mrs Andrea Raggio ( GUE )
to the Commission of the European Communities

(2 July 1992 )

( 93 / C 51 / 31 )

Subject : Crisis in the Sardinian mining basin ( Italy )

The Sulcis-Iglesiente-Guspinese lead-zinc mining basin in

Sardinia is facing a serious crisis and hundreds of its
workers are being laid off . The entire mining operation
may have to be closed down since the mineral content of
the deposit no longer makes it viable .

Will the Commission

1 . consider the above mining area as a Community

strategic resource and maintain it at least on stand-by,

2 . help fund a survey for a comprehensive environmental

recovery programme,

3 . help fund a comprehensive programme of alternative
activities for former mining workers,

4 . provide funding for the extension of targeted mining

research in Sardinia to areas where mining is likely to
be feasible ?

Answer given by Mr Millan
on behalf of the Commission

(6 November 1 992 )

The Commission is aware of the situation of the
Sulcis-Iglesiente-Guspinese mining basin . Indeed, on

22 . 2 . 93 Official Journal of the European Communities No C 51 / 17

6 May 1992, it adopted a decision accepting the
restructuring plans and a programme to promote new
alternative economic activities, submitted by the Italian
authorities under Law 221 / 1990 . These plans involve 14
mines, including the Monteponi and Masua lead-zinc
mines situated in the area mentioned .

The Commission could also part-finance, in so far as
budgetary resources allow, in accord with the Sardinian
Region and the Italian Government and at their request, a
feasibility study with the aim of determining :

— technical conditions which might affect an extension

of mining exploration in Sardinia to areas where
mining is likely to be feasible ;

— possible suitable alternative activities ;

— measures required for a programme of environmental

rehabilitation in the area .

All the resources available in the context of the Integrated
Mediterranean Programme and the Regional Operational
Programme for Sardinia are allocated until the end of

1993 and, unless the Region and the Italian Government
request a reallocation of resources within these
programmes, no resources are available for financing

concrete measures .

However, if the abovementioned study is completed, the
Commission would be prepared to examine possibilities
of financing concrete measures for the period after 1993,
should the Region and the Italian Government make a
request to that effect .

WRITTEN QUESTION No 1840 / 92

by Mr Sotiris Kostopoulos ( NI )
to the Commission of the European Communities

(6 July 1992 )

( 93 / C 51 / 32 )

Subject : The quarry area in the Commune of Paradisia

and Megalopolis in Arcadia ^

There is a danger that a green mountain in the Peloponese

is about to be turned into a lunar landscape . Inhabitants
of the commune of Paradisia and Megalopolis and
members of the Association of Former Inhabitants of

Paradisia living in Athens are protesting at the decision by
the Prefect of Arcadia designating part of the thickly
wooded mountain in the area a quarry zone . The most
puzzling aspect of this matter is that there is no shortage
of bare mountains in Arcadia which could serve as
quarries . Naturally enough, the inhabitants are asking for
the immediate revocation of this decision by the Prefect
of Arcadia . Does the Commission intend to act to have
this decision by the prefect invalidated and, if so, what
measures does it have in mind ?

Answer given by Mr Van Miert

on behalf of the Commission

( 26 November 1 992 )

Projects listed in Annex II to Directive 85 / 337 / EEC on
the assessment of the effects of certain public and private
projects on the environment must be made subject to an
environmental impact assessment if they are likely to have
significant effects on the environment owing to their size
or location . Annex II includes projects in the extractive
industry .

The assessment must take account of a number of factors,
including flora and the landscape .

The Greek authorities have to decide whether projects

such as that to which the Honourable Member refers

must be the subject of such an assessment and under what
conditions they may be carried out .

WRITTEN QUESTION No 1910 / 92

by Mrs Caroline Jackson ( PPE )
to the Commission of the European Communities

(2 September 1992 )

( 93 / C 51 / 33 )

Subject : Counterfeit goods

The 1992 report ( SEC(91 ) 262 final ) from the
Commission to the Council and European Parliament
on the functioning of Council Regulation ( EEC )
No 3842 / 86 (') on counterfeit goods showed that, at the
time of the report, Italy had only partially completed the
necessary internal procedures and that the Commission
had initiated proceedings against Italy on these grounds
under Article 169 of the Treaty .

The report also suggested ( in Sections VII and VIII )
various changes which would remedy the failings of the
Regulation .

Can the Commission now state :

1 . whether Italy has yet fully implemented the
Regulation, and, if not, what has happened to the
Article 169 proceedings,

2 . whether the Commission has any intention of making

formal proposals to improve the Regulation along the
lines its own report suggested ?

O OJ No L 357, 18 . 12 . 1986, p. 1 .

Answer given by Mrs Scrivener

on behalf of the Commission

( 18 November 1992 )

1 . The Italian authorities have adopted the necessary
legislation in the form of Article 35 of the Community

No C 51 / 18 Official Journal of the European Communities 22 . 2 . 93

Law of 22 December 1990 . Accordingly, the infringement
proceedings initiated by the Commission have been
withdrawn . The Commission considers that this law is
fully applicable in Italy and the authorities are bound to
implement it . The Commission is willing to examine any
specific cases known to the Honourable Member in which
it is alleged that the provisions of Regulation ( EEC )
No 3842 / 86 have not been applied .

2 . The Commission intends to present a proposal
before the end of this year which would provide inter alia
for the amendment of Council Regulation ( EEC )
No 3842 / 86 afong the lines set out in its Report of 15
February 1991 .

WRITTEN QUESTION No 1926 / 92

by Mr Sotiris Kostopoulos ( NI )
to the Commission of the European Communities

( 23 July 1992 )

( 93 / C 51 / 34 )

Subject : Rubbish tip at Ritsona in Chalkida

Geologists have pointed out that hydrological and
geological circumstances at Ritsona in Chalkida make it
impossible to set up a waste tip in this area . If
environmentally polluting plants are established in
Ritsona, it is certain that the underground water systems
used inter alia to supply Athens with water, will be
polluted . Since, despite all this, the Greek Government
intends to select Ritsona as a site for a rubbish tip, what
does the Commission intend to do ?

Answer given by Mr Van Miert

on behalf of the Commission

( 26 November 1992 )

Directive 80 / 68 / EEC (') regulates the discharge of
certain dangerous substances to groundwater, and
Directive 80 / 778 / EEC ( 2 ) specifies the quality required of
water for human consumption .

Article 4 of Directive 80 / 68 / EEC specifies that

' to comply with the obligation referred to in Article
3 ( a ) Member States :

— shall prohibit all direct discharge of substances in

List I,

— shall subject to prior investigation any disposal or

tipping for the purpose of disposal of these
substances which might lead to indirect discharge .
In the light of that investigation, Member States

shall prohibit such activity or shall grant
authorization provided that all the technical
precautions necessary to prevent such discharge
are observed . .

Article 5 of Directive 80 / 68 / EEC refers to List II
substances and places an obligation on the Member States

to

'. . . make subject to prior investigation :

— the disposal or tipping for the purpose of disposal

of these substances which might lead to indirect
discharge .

In the light of that investigation Member States may
grant an authorization, provided that all the technical
precautions for preventing groundwater pollution by
these substances are observed . . .'

In addition, Directive 75 / 442 / EEC ( 3 ) on waste provides,
in Article 4, that Member States have to ensure that waste
h^s to be disposed of without harm to the environment
and public health .

As a Member of the European Community, Greece is

obliged to respect these Directives . Therefore, it is for the
competent authorities in Greece to assess whether or not
there will be sufficient protection of the groundwater at
the location of the planned disposal site .

Moreover, the plan to construct a solid urban waste tip
comes under Annex II to Directive 85 / 337 / EEC ( 4 ). An
environmental impact assessment must therefore be
carried out, if the impact of the tip is considered
significant, for example by virtue of its size or location .

In the case of the Ritsona tip, the information provided by
the Honourable Member does not give the Commission
sufficient grounds for concluding that the Greek
authorities have failed to implement the provisions of the
Directive .

(') OJ No L 20, 26 . 1 . 1980 .
O OJ No L 229, 30 . 8 . 1980 .
O OJNoL78, 26 . 3 . 1991 .
( 4 ) OJNoL 175, 5.7 . 1985 .

WRITTEN QUESTION No 1989 / 92

by Mrs Cristiana Muscardini ( NI )
to the Commission of the European Communities

( 1 September 1 992 )

( 93 / C 51 / 35 )

Subject : Lifting of the moratorium on whaling

All environmental organizations, especially Greenpeace,
have taken a firm stance against the lifting of the

22 . 2 . 93 Official Journal of the European Communities No C 51 / 19

moratorium which has prevented whales from being
massacred throughout the world since 1985 . Japan,
Iceland and Norway ( the latter has applied to join the
EEC ) have decided to resume hunting of the Minke
whale, setting commerical quotas for each of the
countries concerned . Can the Commission make its

position known on this matter ? Does it intend to take any
steps to solve this problem ? If so, what steps does it intend
to take ?

Answer given by Mr Marin
on behalf of the Commission

( 23 November 1992 )

The Commission shares the misgivings of the European

Parliament regarding the unilateral decision taken by
certain signatory countries of the International Whaling
Commission to resume commercial whaling .

Following the announcement of this unilateral decision,
the Commission expressed publicly its disagreement and
invited the country with which it has closer relations to
reconsider its decision .

The moratorium applied by the International Whaling

Commission is in conformity with the recommendations
of its Scientific Committee and accordingly there can be
no question of a reopening of whaling on the basis of
scientific advice .

As signatory members of the IWC, Denmark, Germany,
France, Spain, Ireland, the Netherlands and the United
Kingdom are enforcing the measures for the conservation
and management of whales agreed within the IWC .
Against this background, the Community can better
contribute to the conservation of whales at Community
level and better defend its interest at international level
after the Community has acceded to the IWC . To this end
the Community decided on 15 July 1992 to recommend
the Council to seek Community membership of the IWC .

In a recent statement to a parliamentary committee, the
Commission announced that measures would be taken to
remedy the situation .

What will these measures involve and will they have any
effect on current GATT negotiations ?

Answer given by Mr Andriessen

on behalf of the Commission

( 20 November 1 992 )

In order to tackle the Japanese trade surplus referred to by
the Honourable Member, the Commission believes that
the coherent, overall approach it now intends to adopt
should be based on appropriate macroeconmic and
exchange rate policies, the strict application of anti-trust
laws in Japan, industrial cooperation and the promotion
of trade .

Implementation of this policy should be reviewed at
regular intervals to ensure that it is having concrete
results . To this end the Commission recently put forward
a statistical mechanism involving all Member States,
which should enable the obstacle to the normal
development of Community sales in Japan to be identified
and their causes looked into, in conjunction with
the Japanese authorities . This should lead to
recommendations which will then be discussed at annual,
high-level bilateral consultation meetings .

Although they will be undertaken separately from the
Uruguay Round negotiations, the measures proposed by
the Commission have a similar goal and the search for
bilateral solutions could therefore have a knock-on effect
in the multilateral negotiations .

WRITTEN QUESTION No 2107 / 92

by Mr Antoni Gutiérrez Díaz ( GUE )
to the Commission of the European Communities

WRITTEN QUESTION No 2017 / 92
( 1 September 1 992 )

by Mr Christian de la Malène ( RDE )
( 93 / C 51 / 37 )
to the Commission of the European Communities

( 1 September 1 992 )

( 93 / C 51 / 36 ) Subject : Request for a moratorium on the James Bay II

hydroelectric project and protection of the Cree
Indians in Quebec

Subject : Economic relations between the EC and Japan

In 1991 Japan 's trade surplus with the Community shot up
dramatically by over 60% compared to 1990 and for
certain months in 1991 was greater than its trade surplus
with the United States for the first time since 1980 .

The public-sector enterprise HydroQuebec is preparing
to carry out the second phase of the James Bay
hydroelectric project . This project is likely to cause an
ecological disaster over a woodland area the size of
France . The construction of hundreds of barriers and

ft

No C 51 / 20 Official Journal of the European Communities 22.2.93

dams will entail the diverting of a number of rivers, the
disappearance of more than one thousand natural lakes
and the felling of trees more than 100 years old .

When this huge natural conservation area is destroyed,
thousands of Cree Indians and Inuit Eskimos established

at James Bay are likely to lose their traditional way of life,
which, in harmony with nature, is based on hunting,
fishing and the forest .

Implementation of this immense project would represent
a global ecological threat comparable to that hanging over
Amazonia . The impact on ecosystems will be devastating .

Preliminary studies forecast that most of the game and
freshwater fish, which play a vital role in the Indians ' food
supply and crafts, will be destroyed . Decomposition of
organic matter at the bottom of reservoirs will lead to the
production of toxic methyl mercury . Rotting trees and
flooded vegetation will release large volumes of methane .
Changes in water temperature and interference with
aquatic vegetation in the bay will threaten white whales
and freshwater seals in James Bay, which contains North
America 's last remaining specimens .

In the light of the Rio Summit and what are the
beginnings of a model of ecodevelopment which has
greater regard for the planet and its biological heritage,
can the Commission ask the Canadian authorities and the
Government of Quebec to reconsider the James Bay II
project, given its impact on the environment and its
consequences for the native populations ?

Answer given by Mr Andriessen

on behalf of the Commission

( 20 November 1 992 )

The Honourable Member has expressed his concern

regarding the environmental impact and the repercussions
for Cree Indians of the Quebec hydro-electric project
Jtnown as ' James Bay IP . As the Honourable Member is
no doubt aware, this project has recently been suspended .
Meanwhile, five separate environmental assessment and
review processes have been initiated . The five participants
( the Federal Government of Canada, the Government of
Quebec, the Crees, the Inuit and Hydro-Quebec ) have
now agreed to harmonize these five processes, in order to
maximize their effectiveness and minimize duplication . A
table, setting out the different Committees and
Commissions in question and the Cree participation in
them, is being sent direct to the Honourable Member and
the Secretariat General of the European Parliament . The
scope of this work suggests that the project will not be
pursued should its impact either on the environment or on
the Cree Indians threaten to be negative .

WRITTEN QUESTION No 2109 / 92

by Sir James Scott-Hopkins ( PPE )
to the Commission of the European Communities

( 1 September 1 992 )

( 93 / C 51 / 38 )

Subject : Bank charges

What progress is the Commission making with its
proposals aimed at getting banks to charge less for
cross-border payments both by individuals and business ?

Answer given by Sir Leon Brittan

on behalf of the Commission

( 30 October 1992 )

Since publishing its discussion paper ' Making payments in
the internal market ' (*), the Commission has made
considerable efforts to encourage and promote
improvements in the efficiency of cross-border payment

systems .

The approach taken in this context involves the close
cooperation of the banking community and central banks,
as well as representatives of individual and business users
of cross-border payment systems . In order to facilitate
improvements in payment systems and economies to be
made, certain actions by the public authorities and at
Community level may be required, such as easing the
burden of statistical reporting requirements ( which add to
the banks ' cost of processing cross-border payments ) or
harmonizing certain legal rules affecting payments ( which
add uncertainty and risk ). Work in these and other areas
is proceeding . What is perhaps more important still is that
the combination of different private initiatives comprising
enhanced correspondent banking and linkages between
national automated clearing houses ( ACHs ) should bring
about progressive improvements in the efficiency of cross
border payment systems and thus lower charges : such
initiatives have occurred more and more over the last year

or so .

Factors other than the absolute level of charges are also
considered to be of major importance to users, whether
individuals or businesses . Amongst these additional
factors on which the Commission is focusing its attention,
a greater degree of openness in the sense of clear and
accurate information about the various means of
cross-border payment made available by banks is an
outstanding issue . As regards this aspect, progress has
already been made . The three main European banking
associations have published and distributed to all the
national banking associations in the Community
guidelines on the information to be provided to customers
about cross-border payments . These guidelines, which are
due to be implemented by the individual banks concerned
by 1 January 1993, have already resulted in some
significant improvements in customers information,

22 . 2.93 Official Journal of the European Communities No C 51 / 21

which should also stimulate competition . The
Commission has also paid particular attention to ensuring
that banks rapidly overcome the problem of ' double
charging ' which can result in the beneficiary receiving less
than 100% of the sum transferred even though the
transfer of funds was ordered and paid for by the
originator on the basis that he would pay all associated
bank charges .

The Commission will be carrying out an extensive survey
of the cross-border payments market in the first half of

1993, which will enable it inter alia to establish the average
bank charges for cross-border payments which will serve
as a reference point for measuring further progress in this
field .

The Commission will continue to keep the situation under
review . If further measures to improve cross-border
payment systems seem necessary it will not hesitate to
propose them .

O COM(90 ) 447 .

WRITTEN QUESTION No 2142 / 92

by Mr Pol Marck ( PPE )
to the Commission of the European Communities

( 1 September 1992 )

( 93 / C 51 / 39 )

WRITTEN QUESTION No 2167 / 92

by Mr Jean-Pierre Raffin ( V )
to the Commission of the European Communities

(1 September 1992 )

( 93 / C 51 / 40 )

Subject : Italy 's application of the EEC regulations on the

implementation of the Convention of
International Trade in endangered Species of
Wild Fauna and Flora ( CITES )

According to the official report of the CITES Standing

Committee of 22 — 25 June 1992, Italy is failing to
implement the Convention on International Trade in
endangered Species of Wild Fauna and Flora and,
therefore, Regulation ( EEC ) No 3626 / 82 ('), as amended
by Regulation ( EEC ) No 197 / 90 ( 2 ).

This default is not a new phenomenon . The CITES
Secretariat has been asking Italy to comply with the
convention since November 1990, without any reply to
date . Italy is now liable for sanctions .

What has the Commission done to help Italy to avoid the

imposition of sanctions by the Standing Committee ?

What will the Commission do to help Italy to apply the
CITES Convention correctly and thus to obtain the lifting
of the current sanctions ?

What has the Commission done to make Italy implement
the regulation ?

O OJ No L 384, 31 . 12 . 1982, p . 1 .
O OJNoL29, 31 . 1 . 1990, p . 1 .
Subject : Coordinated advertising for endives

Following the European fruit campaign can the
Commission state whether an advertising campaign could
be arranged for endives, with financial contributions from
producers but also a Community subsidy ?

Answer given by Mr Mac Sharry

on behalf of the Commission

( 4 November 1 992 )

Measures for the promotion of fresh fruit and vegetables
are currently restricted by the Council to apples and citrus
fruits .

Given the fact that ' witloof ' chicory does not benefit from
any market, it would therefore be difficult to find a legal
basis for financing promotion schemes, given the
precedent it would create for many other vegetables .

Answer given by Mr Van Miert

on behalf of the Commission

( 8 December 1 992 )

The Commission has not taken any particular action to

assist Italy in avoiding sanctions in the framework of the
convention . The Italian authorities fully recognized the
deficiencies of legislative and practical implementation
tools . The Italian Government has therefore, in the
course of 1992, taken the necessary legislative measures
and is now in the process of bringing the practical
implementation thereof in line with its obligations under
both the convention and Community legislation .

The Commission trusts that Italy will soon be in a
position to demonstrate the improved effectiveness of its
implementation of the Convention to the Secretariat and
the standing Committee of the Convention and that
consequently the sanctions will be lifted .

No C 51 / 22 Official Journal of the European Communities 22 . 2 . 93

WRITTEN QUESTION No 2233 / 92

whereby information on the dangerous properties of

Jackson ( PPE ) consumer products containing mercury is provided to all

countries participating in PIC to help them make

of the European Communities informed decisions on future imports . Community

September 1 992 ) exporters would be required, under the new EC

( 93 / C 51 / 41 ) Regulation, to comply with the PIC decisions of the
importing countries .

by Mr Christopher Jackson ( PPE )
to the Commission of the European Communities

( 1 September 1 992 )

Subject : Use of mercury in cosmetics o OJ No L 262, 27 . 9 . 1976 .
O OJ No L 251, 29 . 8 . 1992 .

It has been reported that an increasing number of African
women have skin disorders which have resulted from the
use of skin-lightening creams containing mercury .

Reports claim that Member State cosmetic companies are
exporting these harmful mercury-based cosmetics to
Africa . Could the Commission please advise me what
action it is taking to substantiate these reports ? If the
reports are true, are there any plans to ban the use and
export of the harmful cosmetics to African countries ?

Answer given by Mr Van Miert

on behalf of the Commission

(3 November 1992 )

Directive 76 / 768 / EEC (') and its amendments ban the
use of 400 substances in cosmetics which can be marketed

in the EC, and restrict a further 350 substances . One of
these restrictions concerns mercury,. which is banned for
all uses other than a minor use as a preservative ( in
concentrations less than 0,007 % ) for eye make-up and eye
make-up removal .

The above Directive does not encompass the export of
cosmetic containing banned or restricted substances .
However, the export of dangerous chemicals is dealt with
in Regulation ( EEC ) No 1734 / 88 ; in particular, the
Regulation requires that importing countries are notified
of the export from the EC of certain mercury compounds .

From 29 November 1992, this Regulation will be replaced
by Regulation ( EEC ) No 2455 / 92 ( 2 ) which maintains the
notification requirements of the old Regulation while
introducing a Prior Informed Consent ( PIC ) procedure
compatible with that set up by the United Nations
Environment Programme ( UNEP ) and the Food and
Agricultural Organization . The PIC procedure provides a
means for countries to register their decisions on whether
the future import of dangerous chemicals is permitted,
banned, or permitted only under certain conditions .

The Commission hereby undertakes to bring the hazards

of cosmetic products containing mercury to the attention
of UNEP, with the suggestion that mercury used in such
products be made subject to the international PIC
procedure . This would not mean that trade in such
products is banned ; rather, it would initiate a process

WRITTEN QUESTION No 2261 / 92

by Mr Christopher Jackson ( PPE )
to the Commission of the European Communities

( 1 September 1 992 )

( 93 / C 51 / 42 )

Subject : EC contributions to the South African Council

of Churches

In a recent British newspaper article it is alleged that ' the
ANC has become the richest political organization in
Africa . . . because of the flood of money it has received
from abroad mainly through the South African Council
of Churches '. ' The most generous contributor has been
the European Commission which between 1986 and 1991
gave £98 million '.

Would the European Commission comment on the

accuracy of the figures for EC contributions to the South
African Council of Churches, on the use for which the
funds were provided, and on the checks made on their
actual use ?

Answer given by Mr Marin
on behalf of the Commission

( 25 November 1992 )

From the start of the Special Programme in 1986 until
mid - 1991 the Commission approved 72 individual
projects amounting to ECU 16 805 491 involving the
South African Council of Churches . This represents

16,5 % of the total allocation in that period for projects in
South Africa ( and Namibia ) from the budget line for
Positive Measures .

The discrete projects are implemented through European
non-governmental organizations . Monitoring and
control of the projects is ensured by these NGOs who
report to the Commission .

Given the changing situation in South Africa and the fact
that in February 1991 the Commission opened a
Programme Coordination Office in Pretoria, the great
majority of projects from mid - 1991 to date has been

22 . 2 . 93 Official Journal of the European Communities No C 51 / 23

financed directly with a South African partner ( e.g.
SACC ) and control and monitoring of projects ensured
through the EC office in Pretoria .

In this period 12 projects amounting to ECU 2 980 234
involving SACC has been approved . This represents 2,7 %
of the total allocation in that 12-month period .

The grand total for projects approved through SACC is
therefore 81 ( out of 517 projects ) amounting to ECU

19 786 000 ( or 8,6% of the total allocation ).

The main thrust of projects financed through SACC is in
the area of humanitarian and social support, followed by
training and education, while legal assistance accounts for
a small number of projects approved .

No project which would support the activities of political
organizations is eligible for Community financing under
the Special Programme for South Africa . Only projects
which are of a peaceful, non-violent nature may be
supported . In conformity with the above guidelines, no
ANC projects have received support through the Special

The proposed Directive on medical devices referred to by
the Honourable Member which constitutes the basis for
CE-markirig of such devices is due to be adopted during

1993 . Member States will then be able to put into place the
necessary infrastructure in view of the conformity
asessment procedures .

Once the major part of legislative harmonization in the
medical devices sector has been put into place,
negotiations on mutual recognition with third countries,
amongst which are the United States and Japan, may be
started ; in the meantime, exploratory discussions can be
held in order to facilitate the subsequent negotiations
concering this particular sector .

General Directives for negotiating mutual recognition
agreements for conformity assessment with third
countries have been adopted by the Council .

Programme . WRITTEN QUESTION No 2314 / 92

by Mr Carlos Robles Piquer ( PPE )
to the Commission of the European Communities

( 8 September 1 992 )

( 93 / C 51 / 44 )

WRITTEN QUESTION No 2264 / 92

by Mrs Karla Peijs ( PPE )
to the Commission of the European Communities

(1 September 1992 )

( 93 / C 51 / 43 )

Subject : Directive on medical devices

Concerning the directive on medical devices, has the
Commission reached agreement with the American and
Japanese authorities on mutual acceptance of admission

requirements, so that products authorized under the new
directive on the European market and bearing the EC
mark are automatically admitted on the American and
Japanese markets and vice versa ?

If not, why not, and when does the Commission expect
that agreement can be reached ?

Answer given by Mr Andriessen

on behalf of the Commission

( 25 November 1992 )

The European Community has not yet concluded any

agreements with the United States and Japan as regards
the mutual recognition of certification of medical devices .

Subject : Information concerning basic research
promotion initiatives by Japanese companies

The most recent issue of Business Week ( 13 July 1992 )

states that several of the most important Japanese
companies have slipped in the ranking table of the world 's

1 000 largest companies, thus providing further evidence
of the present serious problems of the Japanese economy .
The very same issue, however, contains new information
regarding initiatives by Japanese companies aimed at
promoting basic research in laboratories set up for that
purpose in the US .

The Japanese strategy aimed at overcoming the national
weakness in basic research provides a spectacular
contrast, in the American context, to the present tendency
of US corporations to conceive their research effort in
terms of immediate profitability . Can the Commission
provide information as to whether Japanese companies
are engaged in a similar basic research effort in Europe,
despite the present adverse economic climate ?

Answer given by Mr Andriessen

on behalf of the Commission

( 19 November 1 992 )

Rapid progress in building up research and development
facilities, among others for basic research, has been made
by Japanese companies in Europe over the last few years .

No C 51 / 24 Official Journal of the European Communities 22.2.93

According to recent Japanese figures, 22 facilities are
currently engaged in basic research . Around one third of
the European affiliates of Japanese manufacturers are
conducting basic research on an international basis . That
is particularly true for enterprises with large
capitalization, which are generally mbre eager to
globalize their corporate R and D activities . This trend
can be mainly seen in the processing and assembly group
of Japanese capital affiliated enterprises ( general
machinery, electronic and electric appliances, transport
equipment, precision machinery ). The main reasons for
this choice are meeting local requirements, intensifying
technology competition and taking advantage of local
researchers . By contrast, the location of R and D activities
at the head office is considered more important in the
parts and components, raw material industries and
chemical fields .

WRITTEN QUESTION No 2338 / 92

by Mr Alex Smith ( S )
to the Commission of the European Communities

( 23 September 1 992 )

( 93 / C 51 / 45 )

Subject : Safeguards verifications needed due to THORP

What additional annual samples for safeguards
verification will need to be taken by Euratom at the new
Thermal Oxide Reprocessing Plant ( THORP ) at
Sellafield once it is commissioned ; how many annual
samples are currently handled by the European
Commission 's Safeguards Analytical Measurement
( ECSAM ) Laboratories in Karlsruhe, Geel and Ispra
respectively ; what is the current cost per sample including
preparation, conditioning and transport ; and what steps
are being taken by the Commission to improve these
safeguards sampling arrangements ?

Both documents were sent to the European Parliament
whi^h was invited to take note .

The additional annual number of samples to be taken at
THORP for safeguards verification analysis is estimated
to reach 500 — 600 samples once THORP is running at
full flow sheet condition .

The number of safeguards samples analysed by the

European Commission Safeguards Analytical
Measurement ( ECSAM ) Laboratories in 1991 was 456
distributed over the laboratories as follows :

— ITU Karlsruhe : 256

— CBNM Geel : 29

— JRC Ispra : 170 ( this includes 83 samples analysed

in-field by Ispra staff ).

The costs per sample for preparation, conditioning and
transport depend on the sample type, the transport
container and on transport grouping . A good average
value for 1991 is ECU 1 000 per sample .

In order to reduce the transport of samples thereby
economizing transport costs as well as reducing the delays
between the date of sampling and the receipt of the
analytical results the Commission has decided to install
On-Site Laboratories ( OSL ) for safeguards verification
analyses .

WRITTEN QUESTION No 2355 / 92

by Mrs Michèle Alliot-Marie ( RDE )

to the Council of the European Communities

( 23 September 1992 )

( 93 / C 51 / 46 )

Subject : Aid to the Lander of the former GDR

Can the Council provide an overview of direct and
indirect aid provided to the Lander of the former GDR by
the EC and its Member States since German unification ?
Answer given by Mr Cardoso e Cunha

on behalf of the Commission

1 ( 24 November 1992 )

Answer

The attention of the Honourable Member is drawn to :

— the report on the operation of Euratom safeguards

1989—1990 No SEC(92 ) 80 of 24 January 1992,
points 60E and 97,

— the communication No SEC(92 ) 515 from the
Commission to the Council and the Parliament dated

23 March 1992 .

( 20 January 1993 )

The implementation of the Regulation concerning the

activities of the Structural Funds in the territory of the
former German Democratic Republic is the responsibility
of the Commission .

22 . 2 . 93 Official Journal of the European Communities No C 51 / 25

WRITTEN QUESTION No 2359 / 92

by Mr Ernest Glinne ( S )
to the Council of the European Communities

( 23 September 1992 )

( 93 / C 51 / 47 )

Subject : European Charter of Local Self-Government

Which of the Twelve have ratified the Council of
Eurdpe 's European Charter of Local Self-Government,
which contains provisions similar to those of the
Consultative Council of Local and Regional Authorities
set up ' by the Commission on 4 June 1 98 8 ?

How frequently does the Commission meet, what is its
current composition and what is its relationship with the
various ' sister associations ', which seem to have
proliferated .

What financial support has it received from the
Commission, year by year ?

Answer

( 20 January 1 993 )

1 . The Council has not been informed of the stage
reached in the ratification of the European Charter of
Local Self-Government drawn up by the Council of
Europe .

2 . The Consultative Council of Regional and Local
Authorities is a body attached to the Commission of the

European Communities, which provides its secretariat .
The Council of Ministers is unable to supply the
information requested by the Honourable Member .

WRITTEN QUESTION No 2521 / 92

by Mr Luigi Vertemati and Mrs Maria Magnani Noya ( S )

to the Council of the European Communities

( 12 October 1 992 )

( 93 / C 51 / 48 )

Subject : Monetary policies in Europe and the part played

by Germany

Having regard to the currency crisis assailing many
Western countries ;

having regard to the advanced globalization of financial
markets and the interdependence of monetary policies ;

whereas at difficult times of the economic cycle the

measures ta,ken by the Member States with regard to
interest rates and exchange rates do a good deal to feed
speculation, leaving the weaker currencies increasingly
vulnerable ;

whereas Germany, and in particular the Bundesbank, play

a key role in maintaining currency and financial stability ;

having regard to the position taken over the past weeks by
the German monetary authorities, which by pursuing a
restrictive monetary policy and thereby running the risk
of burdening the weaker countries with the costs of
unification, are forcing the other countries of the EMS to
raise rates in order to maintain exchange parities ;

does the Council not consider that adopting a rigid
position in defence of currency and financial stability in
Europe, and effectively stabilizing German monetary
policy in particular, threatens to influence the monetary
policies of other countries, adversely affecting the
recovery of the European economy ?

Answer

( 20 January 1 993 )

The Finance Ministers, meting within the ECOFIN
Council on 28 September 1992, held a detailed exchange
of views on the events and policies referred to by the
Honourable Members .

Ministers emphasized their opposition to the concept of a
two-speed Europe and reiterated that the object of the
Community was to proceed together, in accordance with
the fulfilment of the convergence criteria as formulated in
the Maastricht Treaty .

They also agreed that recent financial turbulence called

for reflection and analysis in the light of developments in
capital markets and in the European and world monetary

systems .

There was general agreement too that the key to
economic and financial stability in the Member States was
to reinforce the convergence process among the European
economies through strict adherence to convergence

programmes .

They furthermore reiterated their commitment to the

European Monetary System as a key factor of economic
stability and prosperity in Europe .

Moreover, at its extraordinary meeting in Birmingham,
the European Council invited the Ministers for Economic
Affairs and Finance, assisted by the Monetary
Committee, with the involvement of the Commission to
carry this work forward, with the Central Bank
Governors . It should cover recent economic and financial

No C 51 / 26 Official Journal of the European Communities 22 . 2 . 93

developments within Europe and in the major
industrialized countries as well as the implications of
changes in the general economic and financial
environment in recent years, notably the impact of the
increasing size and sophistication of financial markets
and greater capital liberalization .

WRITTEN QUESTION No 2525 / 92

by Mr Gîjs de Vries ( LDR )

to the Commission of the European Communities

( 12 October 1992 }

which proposes to all interested parties certain guiding
principles on this subject .

The Commission will take a position on the ETSI policy

on the basis of these guiding principles .

(') COM(92 ) 445 final .

WRITTEN QUESTION No 2531 / 92

by Mr Siegbert Alber ( PPE )
to the Commission of the European Communities

( 27 October 1992 )

( 93 / C 51 / 49 ) ( 93 / C 51 / 50 ) .

Subject : Intellectual property protection and ETSI

The European Telecommunication Standards Institute

( ETSI ) is about to adopt a policy with respect to
intellectual property rights which differs from the practice
of standards-setting bodies elsewhere in the world .

1 . Is the Commission prepared to allow ETSI to subject
its members to compulsory licensing and to

' '
. compulsory in-house arbitration, which might
deprive them of adequate compensation for the R&D
expenses they have incurred ?

2 . Is the Commission convinced that such measures
would not jeopardize the Community 's ability to meet
its obligations as a signatory to the GATT Agreement
on Technical Barriers to Trade ?

3 . Is the Commission satisfied that ETSI 's institutional
structure allows the intellectual property rights of
suppliers to be respected, even though telecommu ­
nications operators maintain a built-in majority in the
ETSI General Assembly ?

Answer given by Mr Bangemann

on behalf of the Commission

( 7 December 1 992 )

The Commission is aware that the European
Telecommunication Standards Institute ( ETSI ) has been

discussing its policy on Intellectual Property Rights
( IPR ). Consultations have been held between the
Commission and ETSI representatives in order to draw
the attention of the ETSI to the implications for the
proposed ETSI policy of Community law and policy in
respect of standardization, intellectual property,
competition and trade . Some changes have already been
made to the ETSI proposed policy, and discussions are
continuing .

The Commission has recently adopted a communication
on intellectual property rights and standardization (')

Subject : Travelling waste in Europe

Annex C of the Ninth Annual Report on monitoring the
implementation of Community law — 1991 refers to the
increase in uncontrolled disposal sites ( p. 242 ).

How many approved, ' tolerated ' and ' uncontrolled '
disposal sites are there in the Member States of the
Community ?

Answer given by Mr Van Miert

on behalf of the Commission

( 4 December 1 992 )

The Commission does not have any information about
the number of authorized, tolerated or uncontrolled
disposal sites in the Commission as there are no national
or Community statistics in the waste sector . Once it
becomes operative, the European Environmental Agency
should be able to provide some very useful information in
this area .

WRITTEN QUESTION No 2544 / 92

by Mr Karl-Heinz Florenz ( PPE )
to the Commission of the European Communities

( 27 October 1 992 )

( 93 / C 51 / 51 )

Subject : Alleged plan to disband a department in
Directorate-General XI

Is there any truth in press reports that the department in
Dirftctorate-General XI which deals with the
implementation and application of Community
environmental legislation, is about to be disbanded, or
that there are plans for this ?

22.2.93 Official Journal of the European Communities No C 51 / 27

Does the Commission agree that, of all departments, this
one is particularly important for local compliance with
Community environmental legislation, and will it
therefore provide additional staff and material support
for this department ?

Answer given by Mr Van Miert

on behalf of the Commission

( 7 December 1 992 )

The Commission has no plans to disband the unit in

DG XI ( Environment, Nuclear Safety and Civil
Protection ) responsible for legal affairs and application of
Community law .

The application of Community provisions is in principle
the responsibility of the Member States ( Article 130r(4 ) of
the EEC Treaty ). The Commission must ensure that these
provisions are actually applied ( Article 155 ). It is
therefore obliged to ensure that Community
environmental provisions are fully and properly
transposed into national law and actually applied . It has
every intention to continue fulfilling this obligation under
the Treaty .

Can the Council say whether or not it considers that
Community-wide standards should be introduced as a
matter of urgency to resolve once and for all the thorny
problem of the treatment given to foreigners detained
under the above circumstances at any Community
frontier, to ensure that both their human dignity and their
legal and constitutional rights are respected ?

Answer

( 20 January 1993 )

The Council does not doubt that the authorities
responsible for frontier checks act in accordance with
constitutional and legal provisions and with the relevant
international conventions .

It is for the Ministers responsible for Immigration, in the
context of their intergovernmental cooperation, to decide
whether there is a need for an initiative of the type
suggested by the Honourable Member .

WRITTEN QUESTION No 2606 / 92

by Mr Jean-Pierre Raffin ( V )
to the Council of the European Communities

WRITTEN QUESTION No 2572 / 92 ( 27 October 1992 )

by Mr José Lafuente Lopez ( PPE ) ( 93 / C 51 / 53 )

to the Council of the European Communities

( 27 October 1 992 )

( 93 / C 51 / 52 )

Subject : Community standards for the protection and

assistance of foreigners detained at frontier
crossings

The fact that foreigners detained at Community frontiers

are prevented from leaving the premises, have difficulty in
contacting their relatives or lawyers and are kept in poor
living conditions for several days until they are deported,
clearly shows that the relevant national authorities are
infringing the constitutional rights of foreigners detained
under such circumstances .

Furthermore, some police authorities impose the curious
requirements whereby embassies or the relevant
ombudsmen must vouch for their nationals detained at
the Community frontiers in question . All this, added to
the fact that in most cases the building or room where
foreigners are held is not equipped with beds, showers or
rooms in which they can be properly looked after, creates
a deplorable situation of human and legal helplessness .

Subject : Directive on the conservation of natural habitats

and of wild fauna and flora

Why did the Council not include the following species of
coleoptera in Annex II to Directive 92 / 43 / EEC (').

Acmaeodera revelierei and tassii — Aesalus
scarabaeioides — Agrilus curtulus, massanensis and perisi

— Akimerus schaefferi — Ampedus quadrisignatus —
Anthaxia castilliana, ceballosi, espanoli and segurensio —

Brachileptura strangulata — Buprestis bertheloti and
sanguinea — Callimellum abdominale — Chalcophora
intermedia — Clinidium canaliculatum — Cornumutila
quadrivittata — Cucujus haematodes — Glaphyra
marmottani — Leptura palmi and kollari — Leiopus
punctulatus — Nustera distigma — Oxypleurus nodieri
and pinicola — Phaenops sumptpuosa — Pogonochoerus
eugeniae — Ropalops insubricus — Rhysodes germari
and sulcatus — Saphanus piceus .

On the other hand, why did the Council include Lucanus
cervus ?

O OJ No L 206, 22 . 7 . 1992, p. 7 .

No C 51 / 28 Official Journal of the European Communities 22 . 2 . 93

WRITTEN QUESTION No 2607 / 92

by Mr Jean-Pierre Raffin ( V )
to the Council of the European Communities

( 27 October 1 992 )

( 93 / C 51 / 54 )

Subject : Directive on the conservation of natural habitats

and of wild fauna and flora ?

Why did the Council not include, in Annexes II or IV to
Directive 92 / 43 / EEC, Lacerta lepida, a rare species in
various European countries, whereas Lacerta agilis, a
more common species, appears on the list of species of
Community interest which require careful protection ?

WRITTEN QUESTION No 2608 / 92

by Mr Jean-Pierre Raffin ( V )
to the Council of the European Communities

( 27 October 1 992 )

( 93 / C 51 / 55 )

Subject : Directive on the conservation of natural habitats

and of wild fauna and flora

Why did the Council not include Suncus etruscus
amongst the species listed in Annex II to Directive
92 / 43 / EEC ?

WRITTEN QUESTION No 2609 / 92

by Mr Jean-Pierre Raffin ( V )
to the Council of the European Communities

economic, social, cultural and regional requirements, and
to contribute to the general objective of sustainable
development .

Bearing that in mind, as the Honourable Member very
rightly points out, the Council did not include certain
species of coleoptera in Annex II, but did include Lucanus
cervus . It should nevertheless be stressed that the Council
also included Buprestis splendis, Carabus olimpiae,
Cerambyx cerdo, Cucujus cinnaberinus, Dyticus
latissimus, Graphoderus bilineatus, Limoniscus violaceus,
Morimus funereus, Osmoderma eremita and Rosalia
alpina .

Similarly, the Council included Lacerta monticola and
Lacerta schreibei in Annex II and IV and, as indicated by
the Honourable Member, Lacerta agilis in Annex II .
However, Annex II also includes Lacerta bedriagae,
Lacerta danfordi, Lacerta dugesi, Lacerta graeca, Lacerta
horvathi, Lacerta trilineata and Lacerta viridis .

As for Suncus etruscus, it should be noted that this is the
Etruscan shrew which is very widespread in the
Mediterranean, and although it was considered at one
point in the discussions, it was not in the end regarded as
being under serious enough threat to justify its inclusion
in Annex II .

In the case of Mustela putorius, it should be noted that
the term ' exploitation ' refers inter alia to hunting and
persecution in general . As a result, and since polecat
numbers are dwindling, its inclusion in Annex V is
justified as this makes it possible to monitor it and, where
appropriate, take the necessary measures .

( 27 October 1992 )

WRITTEN QUESTION No 2620 / 92
( 93 / C 51 / 56 )

by Mr Herman Verbeek ( V )
to the Council of the European Communities

Subject : Directive on the conservation of natural habitats

and of wild fauna and flora ( 27 October 1992 )

and of wild fauna and flora

Could the Council specify the Member States in which
Mustela putorius is exploited commercially and may be
the subject of control measures ?

Joint answer to Written Question Nos 2606 / 92, 2607 / 92,

2608 / 92 and 2609 / 92

( 20 January 1 993 )

During the discussions leading to the adoption of
Directive 92 / 43 / EEC on the conservation of natural
habitats and of wild fauna and flora, the Council paid
quite particular attention to the drafting of the Annexes .
These were approved taking account of the fact that the
main aim of the Directive was to promote the
maintenance of biodiversity while having regard to

( 93 / C 51 / 57 )

Subject : Cost of CAP reform

1 . Has the Council of Agriculture Ministers discussed
the — as yet unpublished — report by the Commission
according to which the cost of reforming the CAP up to

1997 will be ECU 4 456 million more than has hitherto
been assumed acknowledged ; if so, what was the
outcome ?

2 . What are the implications of this extra expenditure
for farmers ' incomes and for the EC budget ( expenditure
ceiling ) ?

3 . Does the Council agree with the view of the
Netherlands Minister for Agriculture ( as stated in the
Netherlands agricultural budget for 1993 ) that the reform

22 . 2 . 93 Official Journal of the European Communities No C 51 / 29

overview of the members of all advisory committees,
broken down according to sex ?

measures agreed this spring are only a transitional overview of the members of
package, and that the following sections need to be broken down according to sex
tightened up : price reductions ; reduced direct income
support for farmers ; linking of supplementary claims to 2 . Could the Council
direct income support, particularly in the area of land soon as possible .
management and protecting the countryside ; stricter
measures on compulsory set - aside ? o OJ No C 168, 4 . 7 . 1992, p. 47 .

2 . Could the Council please answer this question as
soon as possible .

Answer

( 20 January 1993 )

1 . The Council has not yet received the report referred
to by the Honourable Member, but at its meeting on 30
June 1992 in Luxembourg when it decided to reform the

CAP, the Council took note of the statement by
Commissioner Mac Sharry that the budgetary cost of
CAP reform could be covered within the financial
parameters established for the agricultural expenditure of
the EAGGF Guarantee Section .

The Council bodies have since examined the financial

assessments of CAP reform, which show that the
combined expenses of the common organization of the
markets and accompanying measures will increase until

1996 and then decline in 1997 . These comparisons were
made with reference to the 1992 budget appropriations
originally voted .

The European Council in Lisbon confirmed that the
financial resources needed for implementation of the
reformed common agricultural policy will all be covered
by the present agricultural guideline .

2 . Regarding farmers ' incomes, it should be noted that
reform of the common agricultural policy, and in
particular adjustment of the mechanisms governing
common organization of the markets, is intended inter
alia to provide a more effective guarantee of fair income
for farmers .

3 . Opinions expressed by ministers of the Member
States outside the Council bodies are not binding on the
Council as an institution .

WRITTEN QUESTION No 2621 / 92

by Mrs Annemarie Goedmakers ( S )
to the Council of the European Communities

( 27 October 1992 )

( 93 / C 51 / 58 )

Subject : Composition of advisory committees

1 . Why has the Council not answered point 7 of
question No 672 / 92 (')? Can the Council supply an

Answer

( 20 January 1993 )

The Honourable Member will find below an overview of
the breakdown of a number of advisory committees .

The Honourable Member will appreciate that, in view of

the changes currently occurring, this list cannot be
exhaustive .

Men Women Total

I. Advisory Committee of the

Euratom Supply Agency 41 2 43

II . Social sector

1 . ECSC

Producers 32 —

Workers 32 —

Users and dealers 31 1

95 1 96

2 . European Social Fund

Committee

( a ) Governments

Full mem .

Alt . mem .

( b ) Workers

Full mem .

Alt . mem .

( c ) Employers

Full mem .

Alt . mem .

3 . Committee on Freedom of

Movement for Workers

( a ) Governments

Full mem .

Alt . mem .

( b ) Workers

Full mem .

Alt . mem .

( c ) Employers

Full mem .

Alt . mem .

16

8

21

10

20

10

19

11

19

11

19

11

5

1

5

1

5

1

/

90 18 108

8

4

3

2

4

2

85 23 108

No C 51 / 30 Official Journal of the European Communities 22 . 2 . 93

Men Women Total

4 . Committee on Vocational

Training

( a ) Governments

Full mem . 21 3

Alt . mem . 11 1

( b ) Workers

Full mem . 15 9

Alt . mem . 10 2

( c ) Employers

Full mem . 23 1

Alt . mem . 9 3

89 19 108

5 . Committee on Social Security for

Migrant Workers

( a ) Governments

Full mem . 16 8

Alt . mem . 8 4

( b ) Workers

Full mem . 22 2

Alt . mem . 10 2

( c ) Employers

Full mem . 18 6

Alt . mem . 10 2

84 24 108

6 . Committee on Safety, Hygiene

and Health Protection at Work

( a ) Governments

Full mem . 19 5

Alt . mem . 22 2

( b ) Workers

Full mem . 22 2

Alt . mem . 19 5

( c ) Employers

Full mem . 22 2

Alt . mem . 21 3

125 19 144

Total number of members : 672, of whom 104, i.e. 15,47%, are

women .

III . Right of Establishment Sector

Nurses

OJNoC 42,22.2 . 1990, p . 1 .
Appointments : 72,
incl . women : 49 .

Dentists

QJ No C 201, 10.8 . 1990, p . 8 .
Appointments : 66,
incl . women : 5 .

Architects

OJNoC 182, 13.7 . 1991, p 1 .
Appointments : 66,
incl . women : 9 .

Pharmacists

OJNoC 208, 15.8 . 1992, p . 2 .
Appointments : 67,
incl . women : 11 .

WRITTEN QUESTION No 2639 / 92

by Mr Paul Lannoye ( V )
to the Commission of the European Communities

( 27 October 1992 )

( 93 / C 51 / 59 )

Subject : LIFE — Utilization of funds

The Commission has decided to co-finance an initial

series of 42 projects in the context of LIFE . Three
countries however, ( Belgium, Luxembourg and Greece )
have not received any funding . Have these countries
submitted projects and, if so, why were they not accepted ?

Answer given by Mr Van Miert

on behalf of the Commission

( 24 November 1992 )

The Commission is now adopting a second set of projects
under the LIFE programme .

This new set will concern not only Belgium and Greece
but also Italy and will include projects providing third
countries in the Mediterranean basin with technical
assistance, which could not be adopted at the first meeting
of the Committee which helps the Commission manage
the financial instrument .

The Commission has not received any proposals from

Luxembourg .

WRITTEN QUESTION No 2641 / 92

Doctors

OJNoC 80, 30.3 . 1990, p . 1 .
Appointments : 63,

Appointments : 63, by Mr Carlos Robles Piquer ( PPE )

incl . women : 6 .

to the Council of the European Communities
Midwives

OJNoC 186,27 . 7 . 1990, p . 1 . ( 27 October 1992 )
Appointments : 58, ( 93 / C 51 / 60 )
incl . women : 52 .

Veterinarians

OJNoC 201, 10.8 . 1990, p . 1 .
Appointments : 7 1,

Subject : Ratification of the Dublin Convention

Appointments : 7 1, In its memorandum entitled ' Priorities for the UK

incl . women : 4 . Presidency ', the British Presidency stated that :

22 . 2 . 93 Official Journal of the European Communities No C 51 / 31

' The United Kingdom has at the beginning of this
month deposited its, instrument of ratification of the
Dublin Asylum Convention, and the Presidency will
encourage other Member States who have not yet
done so do ratify it as soon as possible '.

Since almost lialf the British Presidency has elapsed can
the Council say what progress has been made in the
ratification of the Dublin Convention ?

Answer

( 20 January 1993 )

The objectives of the Presidency of the Council in the
field of Community social affairs policy were described by
the Presidency to the European Parliament during its
plenary part-session of July 1992 . They are also set out
definitively in the document ' Social Affairs in the
European Community — a Community at work '.

It is not the policy of the Council to comment on
documents of Member States .

Answer

( 20 January 1993 )

Greece, Denmark and the United Kingdom have
deposited their instrument of ratification of the Dublin
Convention . Portugal has completed parliamentary
procedures for ratification .

The other Member States are continuing their efforts to
have the Convention ratified as soon as possible .

WRITTEN QUESTION No 2704 / 92
by Mr Stephen Hughes and Mr James Ford ( S )

to the Council of the European Communities

( 29 October 1992 )

( 93 / C 51 / 61 )

Subject : Deliberate delaying of health and safety
proposals

1 . Will the President-in-Office confirm that the UK

Presidency 's plans for social policy contained in the
document ' Social Affairs in the European Community —
A Community at Work ' are based on the Health and
Safety Executive / Commission document titled ' Planning
for the UK Presidency and Related EC Developments '
dated December 1991, in respect of health and safety
proposals ?

2 . Will the President-in-Office confirm that the
original document advocates a deliberate strategy of
delaying 7 health and safety proposals during the
presidency, including the proposal concerning young
people at work ?

3 . Does this document represent the true agenda of the
presidency in respect of health and safety legislation ?

4 . Does the President-in-Office agree that this
document runs completely counter to the statements
made by the presidency to Parliament during the July

1992 part-session ?

WRITTEN QUESTION No 2997 / 92

by Mr Jean-Claude Pasty ( RDE )
to the Commission of the European Communities

( 30 November 1992 )

( 93 / C 51 / 62 )

Subject : Compensation for handicaps

Can the Commission indicate the level of Community
compensation aid paid to each of the Member States to
compensate for handicaps ( mountain and less-favoured
areas ) for 1998 ^ 1989, 1990, 1991 and 1992 ( estimates )?

What was the average amount in each of the Member

States ( national aid plus Community aid ) by bovine and
ovine livestock unit ?

Answer given by Mr Mac Sharry

on behalf of the Commission

( 21 December 1992 )

The Commission is sending the tables showing the
requested information directly to the Honourable
Member and Parliament 's Secretariat .

WRITTEN QUESTION No 3131 / 92

by Mr Kenneth Coates ( S )
to the Commission of the European Communities

(5 January 1993 )

( 93 / C 51 / 63 )

Subject : Export of instruments of torture

Has the Commission been made aware of the Amnesty
International report ' Repression, Trade UK Ltd '? This
report accuses both UK firms and the UK government of

No C 51 / 32 Official Journal of the European Communities 22.2.93

exporting the instruments and technology of torture to
countries where these are actually being used .

The UK is also accused of supplying and selling fetters,
torture chambers and know-how for special units in
military security and police forces .

Could the Commission indicate whether it has any plans
to outlaw the exports of such instruments by Member
States to countries with known records of human rights
abuses ?

Answer given by Mr Delors
on behalf of the Commission

( 5 January 1 993 )

The Commission would refer the Honourable Member
to its answer to Written Question No 664 / 92 by Mr
David ( x ).

(') OJ No C 247, 24 . 9 . 1992 .