Source: EURLEX
Language: en
Format: md

ISSN 0378-6986

##### C 288
# Official Journal

Volume 36
### of the European Communities 25 October 1993

Volume 36

25 October 1993

Information and Notices
English edition

Notice No Contents p age

I Information

European Parliament

Written Questions with answer

93 / C 288 / 01

93 / C 288 / 02

93 / C 288 / 03

93 / C 288 / 04

93 / C 288 / 05

93 / C 288 / 06

93 / C 288 / 07

93 / C 288 / 08

93 / C 288 / 09

2

No 290 / 93 by Lord O'Hagan to the Commission
Subject : Shooting pigs in Germany 1

No 291 / 93 by Lord O'Hagan to the Commission

Subject : Bude travel-to-work area 1

No 292 / 93 by Lord O'Hagan to the Commission
Subject : Plymouth travel-to-work area 1

Joint answer to Written Questions Nos 291 / 93 and 292 / 93 1

No 293 / 93 by Lord O'Hagan to the Commission
Subject : Burgh Island and Lundy Island 2

No 294 / 93 by Lord O'Hagan to the Commission
Subject : Package holidays bonding 2

No 297 / 93 by Mr Alman Metten to the Commission
Subject : Does the Algemeen Burgerlijk Pensioenfonds ( ABP ) ( Dutch Public Servants '
Superannuation Fund ) form part of the public administration ? 2

No 310 / 93 by Mr Willem van Velzen to the Commission
Subject : Contribution of national governments to the European Year of the Elderly 3

No 328 / 93 by Mrs Laura Gonzalez Alvarez to the Commission
Subject : Controversy concerning the ' Ses Salines ' special bird-protection area in Ibiza 3

No 337 / 93 by Mr Victor Manuel Arbeloa Muru to the Commission
Subject : Recovery of works of art 4

( Continued overleaf )

Notice No Contents ( continued ) Page

93 / C 288 / 10 No 356 / 93 by Mr Bartho Pronk to the Commission
Subject : European joint ventures

93 / C 288 / 11 No 365 / 93 by Mrs Christine Oddy to the Commission
Subject : State aids

93 / C 288 / 12 No 370 / 93 by Mrs Christine Oddy to the Commission
Subject : Youth Forum

93 / C 288 / 13 No 372 / 93 by Mrs Christine Oddy to the Commission
Subject : Youth Forum

93 / C 288 / 14 No 373 / 93 by Mrs Christine Oddy to the Commission
Subject : Youth and community service

93 / C 288 / 15 No 374 / 93 by Mrs Christine Oddy to the Commission
Subject : Youth and community service

Joint answer to Written Questions Nos 370 / 93, 372 / 93, 373 / 93 and 374 / 93

93 / C 288 / 16 No 399 / 93 by Mr Rafael Calvo Ortega to the Commission
Subject : Aid for areas of Spain affected by drought

93 / C 288 / 17 No 423 / 93 by Mrs Cristiana Muscardini to the Commission
Subject : Incomplete privatisation of the Italian salt industry

93 / C 288 / 18 No 424 / 93 by Mr Jose Valverde Lopez to the Commission
Subject : Non-compliance by Spain with Community transport directives

93 / C 288 / 19 No 457 / 93 by Mr Thomas Megahy to the Commission
Subject : Structural Funds and Community initiatives and programme partnership

93 / C 288 / 20 No 464 / 93 by Mr Diego de los Santos López to the Commission
Subject : Fisheries structures in Spain

93 / C 288 / 21 No 470 / 93 by Mr Henry Chabert to the Commission
Subject : Measures to prevent the spread of Mafia activities in Europe

93 / C 288 / 22 No 495 / 93 by Mr Alex Smith to the Commission
Subject : Protection of the marine environment

93 / C 288 / 23 No 508 / 93 by Mr Ernest Glinne to the Commission
Subject : Trafficking in drugs and narcotics, prostitution and dirty money in the West Indies, in
particular Sint Maarten

93 / C 288 / 24 No 510 / 93 by Mr Sotiris Kostopoulos to the Commission
Subject : The tanning sector following the GATT negotiations

A
93 / C 288 / 25 No 514 / 93 by Mr Sotiris Kostopoulos to the Commission
Subject : Stray dogs in Greece

93 / C 288 / 26 No 638 / 93 by Mrs Cristiana Muscardini to the Commission
Subject : Measures for the protection of stray animals

Joint answer to Written Questions Nos 514 / 93 and 638 / 93

93 / C 288 / 27 No 534 / 93 by Mr Sotiris Kostopoulos to the Commission
Subject : The creation of new cultural works in the Community

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Notice No Contents ( continued ) Page

93 / C 288 / 28 No 536 / 93 by Mr Sotiris Kostopoulos to the Commission
Subject : Irregularities concerning Community subsidies to the tomato industry 13

93 / C 288 / 29

No 539 / 93 by Mr Sotiris Kostopoulos to the Commission
Subject : Telecommunications frequency bands 14

93 / C 288 / 30 No 550 / 93 by Giuseppe Mottola, Mario Forte, Gerardo Gaibisso and Lorenzo De Vitto
to the Commission

Subject : Construction of Naples Intercontinental airport 14

93 / C 288 / 31

93 / C 288 / 32

93 / C 288 / 33

93 / C 288 / 34

93 / C 288 / 35

93 / C 288 / 36

93 / C 288 / 37

93 / C 288 / 38

No 571 / 93 by Mr Virginio Bettini to the Commission
Subject : Community funding for studies connected with restoration of Palermo 's old-town
quarters 15

No 572 / 93 by Mr Virginio Bettini to the Commission
Subject : ERDF funding for urban pilot projects 15

No 575 / 93 by Mr Sotiris Kostopoulos to the Commission
Subject : The Cretan ' giorgalidiko ' horses 16

No 577 / 93 by Mr Sotiris Kostopoulos to the Commission
Subject : The killing of wild horses on Mt Enos, Cephalonia 16

No 581 / 93 by Mr Sotiris Kostopoulos to the Commission
Subject : Burnt woodland areas in the Community 17

No 585 / 93 by Mr Sotiris Kostopoulos to the Commission
Subject : Biological purification plant at Megara 17

No 594 / 93 by Mr Jean-Pierre Raffin to the Commission
Subject : Toxicity of pyralene and products derived from its combustion 17

No 596 / 93 by Mr Jean Penders to the Commission
Subject : Arrest of NCR / Handelsblad 's Moscow correspondent 18

93 / C 288 / 39 No 604 / 93 by Mr Iñigo Mendez de Vigo y Montojo to the Commission

Subject : Public statements by the Spanish Minister of Economy and Finance, Mr Solchaga ... 19

93 / C 288 / 40

No 612 / 93 by Mr Christopher Jackson to the Commission
Subject : Recognition of qualifications — Meat inspection 19

93 / C 288 / 41 No 613 / 93 by Mr John Bird to the Commission

Subject : Non-implementation of EN-286-1991 Simple Pressure Vessels 20

93 / C 288 / 42

93 / C 288 / 43

93 / C 288 / 44

93 / C 288 / 45

No 615 / 93 by Mr Madron Seligman to the Commission
Subject : Draft Directive on VOC recovery 20

No 618 / 93 by Mr Victor Manuel Arbeloa Muru to the Commission
Subject : Measures to support electoral processes 21

No 620 / 93 by Mr Victor Manuel Arbeloa Muru to the Commission
Subject : Support for the process of democratization 21

Joint answer to Written Questions Nos 618 / 93 and 620 / 93 21

No 624 / 93 by Mr Leen van der Waal to the Commission
Subject : Critical report on the implementation of European research programmes 22

( Continued overleaf )

«

Notice No Contents ( continued ) p ag e

93 / C 288 / 46 No 625 / 93 by Mr Henry Chabert to the Commission
Subject : Tragedy in Armenia 23

93 / C 288 / 47 No 639 / 93 by Mrs Cristiana Muscardini to the Commission
Subject : Unacceptable inclusion of vintage cars and motorcycles in the ' redditometro ' 24

93 / C 288 / 48 No 642 / 93 by Mr Jose Vazquez Fouz to the Commission
Subject : Documents published by the Commission which are not available in Spanish 24

93 / C 288 / 49 No 644 / 93 by Mr Jose Vazquez Fouz to the Commission
Subject : Fisheries trade policy 24

93 / C 288 / 50 No 645 / 93 by Mr José Vazquez Fouz to the Commission
Subject : The single market and fisheries 25

Joint answer to Written Questions Nos 644 / 93 and 645 / 93 25

93 / C 288 / 51 No 648 / 93 by Mr Jose Vazquez Fouz to the Commission
Subject : Fisheries inspections 25

93 / C 288 / 52 No 654 / 93 by Mrs Mary Banotti to the Commission
Subject : CITES Convention 26

93 / C 288 / 53 No 672 / 93 by Mr Gerd Muller to the Commission
Subject : Unaccompanied refugee children 27

93 / C 288 / 54 No 673 / 93 by Mr Sergio Ribeiro to the Commission
Subject : Policy followed by the Portuguese Government aggravating the situation concerning
wages, which are the lowest in the Community 27

93 / C 288 / 55 No 685 / 93 by Mr Virginio Bettini to the Commission
Subject : Destruction of posidonia ( sea-grass ) 28

93 / C 288 / 56 No 689 / 93 by Mr Ernest Glinne to the Commission
Subject : Eradiction of rabies 29

93 / C 288 / 57 No 695 / 93 by Mr Jaak Vandemeulebroucke to the Commission
Subject : Evaluation of meat quality directives 29

93 / C 288 / 58 No 706 / 93 by Mr George Patterson to the Commission
Subject : Customs 30

93 / C 288 / 59 No 711 / 93 by Mrs Nicole Fontaine to the Commission
Subject : Alcoholic beverages exempted of excise duty 30

93 / C 288 / 60 No 716 / 93 by Pietro Mitolo, Cristiana Muscardini, Antonio Mazzone and Giuseppe
Rauti to the Commission

Subject : Taxes on blank audio and video cassettes and recording equipment 31

93 / C 288 / 61 No 717 / 93 by Mr Elmar Brok to the Commission
Subject : Proposal for a Council directive on the approximation of legal and administrative
provisions of the Member States concerning the flammability of upholstered furniture 31

93 / C 288 / 62 No 729 / 93 by Mr Jose Valverde Lopez to the Commission
Subject : Failure to implement the directive on the labelling of tobacco products 32

93 / C 288 / 63 No 737 / 93 by Mrs Christine Oddy to the Commission
Subject : EC sugar regime 32

( Continued on inside back cover )

Notice No Contents ( continued ) Page

93 / C 288 / 64 No 742 / 93 by Mrs Concepcio Ferrer to the Commission
Subject : Manufactured products containing ingredients of animal origin 33

93 / C 288 / 65 No 756 / 93 by Mr John Bird to the Commission

Subject : Criminal injuries compensation 33

93 / C 288 / 66

93 / C 288 / 67

93 / C 288 / 68

93 / C 288 / 69

93 / C 288 / 70

93 / C 288 / 71

93 / C 288 / 72

No 770 / 93 by Mrs Astrid Lulling to the Commission
Subject : Discrimination against Luxembourgish companies operating in Belgium 34

No 772 / 93 by Mr Yves Verwaerde to the Commission
Subject : Transposition into Member States ' legislation of the Directive of 21 December 1989 on the
coordination of laws, regulations and administrative provisions relating to the award of public
contracts 34

No 773 / 93 by Mr Yves Verwaerde to the Commission
Subject : Transposition into Member States ' legislation of the Directive of 21 December 1989 on the
coordination of laws, regulations and administrative provisions relating to the award of public
contracts 35

No 775 / 93 by Mr Yves Verwaerde to the Commission
Subject : Staffing of Commission specialized services as at 31 December 1992 35

No 780 / 93 by Mr Gary Titley to the Commission
Subject : VAT exemption for bodies ' acting as public authorities ' as defined in the Sixth Council
Directive on VAT 35

No 784 / 93 by Mr Peter Crampton to the Commission
Subject : Fishing : closed areas 36

No 786 / 93 by Mr Hugh McMahon to the Commission

Subject : Landfill sites and environmental impact assessment Directive 36

93 / C 288 / 73 No 788 / 93 by Mr Enrico Falqui to the Commission
Subject : Use of CSF Objective 1 Structural Fund appropriations ( 1989 — 1993 ) for Campania,
Italy 37

93 / C 288 / 74 No 789 / 93 by Enrico Falqui and Luciano Vecchi to the Commission

Subject : Progress made in implementing Community programme of action for young people 37

93 / C 288 / 75

93 / C 288 / 76

93 / C 288 / 77

93 / C 288 / 78

93 / C 288 / 79

No 793 / 93 by Mr Ferruccio Pisoni to the Commission
Subject : Registration of vehicles by migrant workers returning to Italy for good 38

No 798 / 93 by Mr Jose Vazquez Fouz to the Commission
Subject : Market regulation in the fisheries sector 39

No 831 / 93 by Mr Sotiris Kostopoulos to the Commission
Subject : Situation of the orange producers of Arta 39

No 902 / 93 by Marie-Jose Denys, Marie-Claude Vayssade, Catherine Trautmann and
Gerard Fuchs to the Commission

Subject : Obstacles to the free movement of goods 40

No 1132 / 93 by Mr Gerhard Schmid to the Commission
Subject : Freedom to provide services and freedom of establishment for companies providing
non-life insurance 40

25 . 10 . 93 Official Journal of the European Communities No C 288 / 1

I

( Information )

EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION No 290 / 93

by Lord O'Hagan ( PPE )

to the Commission of the European Communities

( 24 February 1993 )

( 93 / C 288 / 01 )

Subject : Shooting pigs in Germany

It is alleged that German army doctors have plans to shoot
700 pigs to test a new high velocity bullet .

1 . Is this true ?

2 . Does the European Community have any standing in
this matter ?

Answer given by Mr Paleokrassas

on behalf of the Commission

( 19 May 1993 )

The Commission is not familiar with the problem raised by
the Honourable Member 's question . It has therefore raised
the matter with the German authorities, who state that these
are untrue allegations . Experiments of this type have not
taken place and have never been considered . According to
Article 7 ( 4 ) of the law on the protection of animals

Could the Commission say how many applications under
the ERDF have been received for the part of the Bude
travel-to-work area that is in Devon in each of the last five

years ?

i
How many applications have been received in connection
with projects in or near Hols worthy, Halwill and
Brad worthy ?

WRITTEN QUESTION No 292 / 93

by Lord O'Hagan ( PPE )
to the Commission of the European Communities

( 24 February 1993 )

( 93 / C 288 / 03 )

Subject : Plymouth travel-to-work area

Part of the Plymouth travel-to-work area extends into the
county of Devon .

How many applications under the ERDF has the
Commission received for this part of the Plymouth
travel-to-work area in each of the last five years ?

( Tierschutzgesetz ), animal experiments intended to develop
arms, munitions and related equipment are banned . Joint answer to Written Questions

Nos 291 / 93 and 292 / 93

given by Mr Millan
on behalf of the Commission

( 12 May 1993 )
WRITTEN QUESTION No 291 / 93

by Lord O'Hagan ( PPE )

to the Commission of the European Communities

( 24 February 1993 )

( 93 / C 288 / 02 )

Information on the number of applications received for aid
from the European Regional Development Fund in respect
of specific areas is not held by the Commission in the detail
requested by the Honourable Member .

Subject : Bude travel-to-work area Such information should, however, be available from the
Department of the Environment in Bristol .

Part of the Bude travel-to-work area extends into the county
of Devon .

4

No C 288 / 2 Official Journal of the European Communities 25 . 10 . 93

WRITTEN QUESTION No 293 / 93

by Lord O'Hagan ( PPE )
to the Commission of the European Communities

Such security may be provided by adherence to an
appropriate bonding scheme, but other forms of security,
such as insurance, are equally possible .

( 24 February 1993 ) f 1 ) OJ No L 158, 23 . 6 . 1990 .

( 93 / C 288 / 04 )

Subject : Burgh Island and Lundy Island

In view of the special difficulties which affect all island
communities, will the Commission consider making special
financial provision for Burgh Island and Lundy Island off
the coast of Devon ?

WRITTEN QUESTION No 297 / 93

by Mr Alman Metten ( S )

to the Commission of the European Communities

(1 March 1993 )

( 93 / C 288 / 06 )

Answer given by Mr Millan
on behalf of the Commission
Subject : Does the Algemeen Burgerlijk Pensioenfonds

( 18 May 1993 )

It is not possible at the moment to provide assistance from
the European Regional Development Fund to Burgh Island
and Lundy Island as they lie outside the areas eligible for
Community Structural Fund aid within the South-West of
England .

WRITTEN QUESTION No 294 / 93

by Lord O'Hagan ( PPE )

to the Commission of the European Communities

( 24 February 1993 )

( 93 / C 288 / 05 )

Subject : Package holidays bonding

Could the Commission now clarify the extent to which
European Community legislation covers this activity ?

Answer given by Mrs Scrivener

on behalf of the Commission

(5 May 1993 )

By 1 January 1993 Member States had to adopt national
measures to implement Council Directive 90 / 314 / EEC (*)
on package travel, package holidays and package tours . This
directive was adopted on 13 June 1990 and is designed to
protect consumers who contract travel packages in the
Community ; it contains far-reaching rules concerning the
liability of package organizers and retailers . The directive
also comprises a provision according to which ' the organizer
and / or retailer party to the contract shall provide sufficient
evidence of security for the refund of money paid over and
for the repatriation of the consumer in the event of
insolvency '.

( ABP ) ( Dutch Public Servants ' Superannuation
Fund ) form part of the public administration ?

1 . According to Commissioner Bangemann ( answer to
my Question No 1443 / 92 (*)), the Algemeen Burgerlijk
Pensioenfonds ( ABP ) ( Dutch Public Servants '
Superannuation Fund ) should be regarded as a part of the

( Netherlands ) State administration and must therefore
comply with EC rules of the award on public works

contracts .

However, according to Commissioner Christophersen

( reply to my Question No 1442 / 92 ( 2 )), however, the ABP is
an autonomous pension fund and does not form part of the

government sector .

Will the Commission please assume its collective
responsibility and tell me which of these two gentlemen is
right ?

2 . Is the Commission aware that the Netherlands

Government has agreed with the civil service unions to
privatize the ABP ( cf . Financieele Dagblad, 18 December

1992 )? Does the Commission consider that a pension fund
can be privatized if it does not form part of the government
sector ? What conclusions does it draw from its answer to

this question ?

3 . Is the Commission prepared to reconsider its answer
to my Question No 1442 / 92 in the light of this question and
of my question on reserves accumulated for civil service
pensions and the criteria for admittance to EMU ?

(!) OJ No C 309, 26 . 11 . 1992, p . 43 .

( 2 ) OJ No C 6, 11 . 1 . 1993, p . 14 .

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 15 July 1993 )

1 . The Commission would remind the Honourable

Member that, in its answer to Written Question

25 . 10 . 93 Official Journal of the European Communities No C 288 / 3

No 1443 / 92, it never took a position on the case in point but
merely quoted the interpretation placed on the concept of
' the State ' by the Court of Justice in connection with the
Directive on public works contracts .

Nevertheless, examination of the case by the Commission
has established that it meets the definition given in Article 1

( b ) of the ' works ' Directive .

In its answer of 14 October 1992 to Written Question
No 1442 / 92, the Commission pointed out that, for the
purposes of the European System of Integrated Economic
Accounts ( ESA ), the assets of the ABP pension fund have no
effect from an accounting viewpoint on the level of gross
general government debt . However, it will be possible to
take them into account as another relevant factor in

examining compliance with budgetary discipline within the
meaning of Article 104c of the Treaty on European
Union .

Advisory Committee set up to this end . Overall the
Commission is satisfied with this cooperation, while
recognizing the different states of development of activities
from one Member State to another .

Clearly beneficiaries are not always fully satisfied with the
amount of Community funding on offer, but no complaints
have been received from older peoples ' organizations
concerning the overall approach to funding European Year
events, either at national or Community level .

WRITTEN QUESTION No 328 / 93
by Mrs Laura Gonzalez Alvarez ( NI )

to the Commission of the European Communities

(2 March 1993 )

2 . The Commission was not informed of this initiative
( 93 / C 288 / 08
but will examine any further measures in the light of
Community law and, more specifically, from the viewpoint
of the ' works ' Directive . Subject : Controversy concerning the ' Ses Salines ' special

bird-protection area in Ibiza
3 . The Commission adheres to its position, namely that
the ABP has no effect from an accounting viewpoint on the According to the ' Prensa de Ibiza ' of 5 January 1993
level of gross general government debt and that, for the Commissioner Abel Matutes has announced that the
purposes ' insurance of enterprises the ESA, it '. is therefore rightly classified with Commission Salines ' in Ibiza has is obtained an area of a study no ecological which states value that . ' Ses

What is the substance and conclusions of the studies

requested by the Commission concerning the ' Ses Salines '
area ?

WRITTEN QUESTION No 310 / 93

What prompted the Commission to proceed with these

van Velzen ( S ) studies ? Do they take account of the fact that ' Ses Salines '
of the European Communities was designated a special bird-protection area under

March 1993 ) Directive 79 / 409 / EEC on the conservation of wild birds (*)?

Is it possible to designate such an area as being of no
( 93 / C 288 / 07 ) ecological value ?

by Mr Willem van Velzen ( S )

to the Commission of the European Communities

(1 March 1993 )

Subject : Contribution of national governments to the

European Year of the Elderly

Is the Commission satisfied with the Member States '

cooperation on the European Year of the Elderly and of
Solidarity between the Generations, as regards both the
efficient processing of applications for subsidies and the
provision of subsidies at national level ? Has the
Commission received any complaints from elderly people 's
organizations in the Member States, and in particular from
the Netherlands ?

Answer given by Mr Flynn
on behalf of the Commission

(1 July 1993 )

The Commission cooperates intensively with Member
States in implementing the European Year of Older People
and Solidarity between Generations 1993 through the

t

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

Answer given by Mr Paleokrassas

on behalf of the Commission

( 23 July 1993 )

The Commission has examined the question raised by the
Honourable Member in connection with several complaints
made to it concerning a possible infringement of
Community environmental legislation in the special
bird-protection area of Las Salinas .

The Commission would inform the Honourable Member

that, having examined the matter carefully, it has decided
that the complaints were clearly unfounded as the legislation
concerning the Las Salinas special bird-protection area
does not infringe Council Directive 79 / 409 / EEC on the
conservation of wild birds, with the result that no action
needs to be taken .

No C 288 / 4 Official Journal of the European Communities 25 . 10 . 93

At the request of the media, Commissioner Matutes rightly WRITTEN QUESTION No 356 / 93
outlined the decision in question . by Mr Bartho Pronk ( PPE )

to the Commission of the European Communities

(2 March 1993 )

( 93 / C 288 / 10 )

Subject : European joint ventures
WRITTEN QUESTION No 337 / 93    
by Mr Victor Manuel Arbeloa Muru ( S ) ' 1 Institut . Is the Merieux Commission ' decided aware to launch that Merck a European & Co . and joint the
to the Commission of the European Communities
venture on 28 July 1992 ?

(2 March 1993 )

( 93 / C 288 / 09 ) 2 . Have the undertakings concerned informed the
Commission of the joint venture ?

Subject : Recovery of works of art

With reference to the answer given by the Commission to
my Written Question No 494 / 92 ( ] ) on recovery of works of
art, I am aware of both the directive and the regulation on
the circulation of cultural goods, which were due to be
implemented on 1 January 1993, although the directive is
still awaiting a second reading by Parliament and
subsequent adoption by the Council .

I welcome the fact that the Community is putting in place
mechanisms to monitor the circulation of cultural goods
prior to the removal of controls at the Community 's internal
frontiers . However, if both mechanisms, the regulation and
directive, are to enter into force from the beginning of this
year in order to introduce a new situation in the European
Community without retroactive effect, 1 feel it necessary to
repeat my question which was not properly answered :

Will a Community directive be drawn up in the near future
to facilitate the recovery of works of art plundered at any
time ( in other words, in the past ) from certain Community
Member States ?

(!) OJ No C 309, 26 . 11 . 1992, p. 17 .

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 13 May 1993 )

No . In principle, under Article 13 of Directive 93 / 7 / EEC of

15 March 1993, to which the Honourable Member refers,
the new recovery arrangements apply only to cultural
objects unlawfully removed from the territory of a Member
State on or after 1 January 1993 . However, under
Article 14, each Member State may apply the new
arrangements to requests for the return of cultural objects
unlawfully removed from the territory of other Member
States before that date .

3 . What is the European and international market share
of the partner companies ?

4 . Has the Commission approved the joint venture ?

5 . Does this joint venture not constitute a monopoly
within the meaning of Articles 85 and 86 of the EEC Treaty
in the important field of vaccinations, since it effectively
excludes competition in this area, thereby increasing the
costs of preventive health care ?

6 . To what extent have the prices of serum and vaccines
in recent years increased as a result of previous
concentrations between undertakings ?

7 . Is the proposed joint venture having an unfavourable
impact on vaccination programmes in developing
countries ?

Answer given by Mr Van Miert

on behalf of the Commission

(3 May 1993 )

1 . The Commission has been informed of a letter of

intent signed on 28 July 1992 by Merck & Co ., Inc . and the
Institut Merieux with a view to setting up a joint venture for
promoting their vaccines and developing new combinations
of vaccines in the Community and in the EFTA
countries .

2 . The parties concerned have not as yet notified this
joint venture pursuant to Regulation ( EEC ) No 4064 / 89 on
the control of concentrations between undertakings (*),
which lays down in Article 4 that the notification
requirement is triggered only by the ' conclusion of the
agreement '. Nor has the Commission yet been sent a
notification pursuant to Regulation No 17 / 62 implementing
Articles 85 and 86 of the EEC Treaty ( 2 ).

3 to 5 . The Commission will be in a position to reply to
these points only after examining, as part of the procedures
laid down by the aforementioned Regulations, all the de
facto and de jure circumstances of the planned
transaction .

4

25 . 10 . 93 Official Journal of the European Communities No C 288 / 5

6 and 7 . Information published by Unicef shows that, Alliance ? Does the Youth Forum support any projects for
generally speaking, the prices of serum and vaccines have youth and community work in the United Kingdom ?
risen significantly over the last three years although it has
not been possible to establish any correlation between that
increase and any prior concentration . Similarly, as things
stand, no assessment can be made of any specific impact that
the proposed joint venture might have on future price WRITTEN QUESTION No 372 / 93

movements .

WRITTEN QUESTION No 372 / 93

í 1 ) OJ No L 395, 30 . 12 . 1989 .

( 2 ) OJ No 13, 21 . 2 . 1962 .

WRITTEN QUESTION No 365 / 93

by Mrs Christine Oddy ( S )

to the Commission of the European Communities

(3 March 1993 ) m

( 93 / C 288 / 11 )

Subject : State aids

How successful does the Commission consider the informal

guidelines on State aids to be ?

(3 March 1993 )             

( 93 / C 288 / 13 )

Subject : Youth Forum

What contacts does the Youth Forum have with the

Community and Youth Workers Union ? What assistance
does the Youth Forum give youth work and community
work in the United Kingdom ?

WRITTEN QUESTION No 373 / 93

by Mrs Christine Oddy ( S )
to the Commission of the European Communities

(3 March 1993 )

by Mrs Christine Oddy ( S )

to the Commission of the European Communities

Answer given by Mr Van Miert ( 93 / C 288 / 14

on behalf of the Commission

(6 July 1993 )

Subject : Youth and community service

The Commission considers guidelines on State aid policy,
whether formal or informal, to be an essential part of its
state aid control . Guidelines and frameworks which

establish clear rules make for transparency and legal
certainty for firms, consistency of application and
interpretation by the Commission, and improved levels of
compliance and discipline on the part of the Member States .
An additional benefit of policy guidelines for the
Commission is that by simplifying the processing of schemes
covered by them they enable it to concentrate its scarce
resources on cases that involve the most serious distortions

of competition .

Is the Commission aware that two-thirds of local authorities

in the United Kingdom have cut back on youth and
community service ?

Does the Commission have plans to assist youth and
community service in the European Community, given that
it provides an invaluable service ?

WRITTEN QUESTION No 374 / 93

by Mrs Christine Oddy ( S )

to the Commission of the European Communities

(3 March 1993 )

WRITTEN QUESTION No 370 / 93
( 93 / C 288 / 15

by Mrs Christine Oddy ( S )

to the Commission of the European Communities

(3 March 1993 )

( 93 / C 288 / 12 )

Subject : Youth Forum

What contact does the European Youth Forum have with
the United Kingdom National Y outh and Community Work

Subject : Youth and community service

Does the Commission have details of youth and community
service schemes across the European Community ? Would
the Commission be prepared to act as a clearing house of
good practice of youth and community service in the
Community ?

No C 288 / 6 Official Journal of the European Communities 25 . 10 . 93

Joint answer to Written Questions transfer good practices, in close partnership with all
Nos 370 / 93, 372 / 93, 373 / 93 and 374 / 93 involved in the Member States .

given by Mr Ruberti
on behalf of the Commission

( 12 May 1993 )

In the context of the Youth for Europe action programme
and the Priority Actions in the Youth Field, the Commission
has launched some research on youth structures in the
Member States . Such structures and the relevant authorities,
' both at local, regional, and national level differ widely

across the Community . Community support for the
cooperation between youth structures, organizations and
groups is available within both Youth for Europe ( which is
largely managed on a decentralized basis by agencies
designated by the Member States ) and the Priority Actions .
Projects are selected for funding on the basis of the existing
criteria and the relative quality of each project .

The Youth Forum of the EC is the spokesman and political
platform for youth organizations and associations in the
Member States . It operates independently of the
Commission, and the questions concerning the Youth
Forum have therefore been forwarded to its secretariat for

follow-up .

For further information, the following documents will be
forwarded direct to the Honourable Member and to the

Secretariat General of Parliament :

— Guidelines for Youth for Europe and the Priority

Actions in the Youth field ;

— Preliminary draft review — Priority Actions ( 1992 );

— Report on Youth Work Structures in the Member

States ;

— Report on Youth Work Training in the Member

States ;

— Report on Young People in the European Community :

Towards an Agenda for Research and Policy ;

— Brochure on the Youth Forum of the EC ;

— Eurobarometer Report on Young Europeans in 1990 ;

— Information Actions Plan ' Youth ';

— The publications for young people ( aged 15 to 2.5 years )

concerning Europe of the Community, its history and its

institutions ;

— European Directory of youth information centres .

/
In the framework of the Programme ' Poverty 3 '

( 1989 / 1994 ) many of the 41 projects supported deal with
specific actions for social and economic integration of
disadvantaged young people, in order to identify and

WRITTEN QUESTION No 399 / 93

by Mr Rafael Calvo Ortega ( LDR )

to the Commission of the European Communities

(5 March 1993 )

( 93 / C 288 / 16

Subject : Aid for areas of Spain affected by drought

The persistent drought affecting extensive areas of Spain
will have serious consequences as a result of the huge losses
incurred which will be reflected in a big drop in the income
of families who work in agriculture .

The absence of measures to deal with the situation caused by
the drought, together with the losses already inflicted,
threatens to cause serious damage throughout Spanish
agriculture .

Has the Commission received any request from the Spanish
authorities for permission to adopt whatever exceptional
measures are needed in the agricultural areas affected ?

If so, when was this, and of what sort and on what scale are
they ?

Has such national aid been authorized by the
Commission ?

Does not the Commission consider than an EC aid fund

should be set up to provide the basis for effective and rapid
Community action in the event of agricultural disasters ?

Answer given by Mr Steichen

on behalf of the Commission

( 10 May 1993 )                 

The Spanish authorities, by letter dated 4 June 1992,
notified to the Commission the royal Order in Council 3 / 92
of 22 May which envisages urgent measures in
compensation for the damage produced by the drought
during 1992 .

This royal Order in Council envisages aid in the form of
moratorium in the payment of the advance payment of tax
on real estate and of the contributions of the agricultural
social security, of the interest rate allowances of the loans to
the purchase of food for the cattle and of moratorium in the
payment of the tariff for the use of water . The amount of aid
is lower than the 100% of the undergone losses and the
budget envisaged is 1 500 million pesetas ( ECU 11,7
million ).

&

25 . 10 . 93 Official Journal of the European Communities No C 288 / 7

The Commission, in July 1992, communicated to the
Spanish authorities that it did not have any objection to
formulate concerning the abovementioned measures in
comparison with Articles 92 to 94 of the EEC Treaty .

The contribution of the Community funds, more
particularly of the Guidance section of EAGGF, to the
reconstitution of the potential of agricultural production
destroyed by natural disasters in the regions objective 1 or
5b, is envisaged in Article 5, ninth indent, of Council
Regulation ( EEC ) No 4256 / 88 ( 1 ). A Community
intervention in this connection proves therefore possible,
provided the Member State submits documentation
justifying the need for a Community intervention and the
request officially, and that the financial resources could be
identified within the Community Support Frameworks in
force for the disaster regions .

Community and that once more public funds ( in this case
European Community funds ) are being used to make good
balance sheets deficits and not productive investment, the
purpose for which they should be used .

Answer given by Mr Van Miert

on behalf of the Commission

( 27 May 1993 )

The Commission has not been informed of the Italian

Government 's intention to privatise its state monopoly
concerning the production and sale of salt .

Article 222 of the EC : Treaty is neutral as concerns the
(!) OJ No L 374, 31 . 12 . 1988 . system of property ownership in Member States .

Therefore, the Commission is not concerned whether
Member States either privatise or nationalise their property
unless the transaction causes another Article of the Treaty to
be infringed .

WRITTEN QUESTION No 423 / 93

by Mrs Cristiana Muscardini ( NI )

to the Commission of the European Communities

(8 March 1993 )

( 93 / C 288 / 17

Subject : Incomplete privatisation of the Italian salt
industry

The Independent National Monopolies Administration is
losing approximately LIT 7 billion annually in salt
production and marketing, paying the penalty for
unsuccessful plant modernisation and increasing costs
which were already being incurred by the salt monopoly .

Following the abolition of the trading monopoly the
Italian Government apparently intends to privatise the
Administration making it a limited company and for this
purpose has submitted a Decree for consideration by
Parliament .

However, the wording of the Decree is largely incomplete
particularly with regard to the administration of these
limited companies, costs of returns and provisions
prohibiting transfer of losses to other State organizations
such as tobacco . The Company is to be entrusted to three
commissioners appointed by the Government .

In view of this does the Commission consider the Decree to

run counter to standards of healthy administration of
property ( companies or real estate ) where the state owned or
to be privatized, criteria which were accepted by the Italian
Government on requesting a loan from the European

Normally, when a public company is offered for sale
through the Stock Exchange or by an open bid procedure no
aid is involved . Therefore, the Commission has no reason to
interfere under Article 92 of the EEC Treaty . However, with
the sale of certain public undertakings, elements of state aid
may be involved, requiring notification in advance under
Article 93 EEC Treaty .

With Greece, Germany and Portugal the Commission has
agreed general guidelines to limit the possibility of aid
occurring at privatisation . These guidelines are broadly as
follows :

1 . All disposals are to be made by unconditional public
invitation to tender subject to non-discriminatory and
transparent terms and conditions ;

2 . The disposal would be made to the highest bidder under

such a sales system ;

3 . Interested parties should be given ample time to prepare
their offer and must be given all necessary detail to be
able to make a correct evaluation .

When these conditions are respected no notification is
necessary under Article 93 of the EEC Treaty . On the other
hand, as they may contain State aid, the following disposals
have to be notified beforehand under Article 93 ( 3 ) of the
EEC Treaty :

— all disposals that are made through restricted procedures

or direct sales ;

— all disposals preceded by a debt write-off by the State or

its public companies or any other public body ;

No C 288 / 8 Official Journal of the European Communities 25 . 10 . 93

— all disposals preceded by conversions of debt into capital

or a capital increase ;

— all disposals subject : to conditions which would not be

acceptable for a transaction between market economy
investors .

In particular the acquisition of shares in activities offered for
sale must be non-discriminating in respect of non-national,
interested parties .

All undertakings that are to be sold under special conditions
must be valued by independent experts who would give both
a ' going concern 1 and a liquidation value .

A six monthly report detailing disposals, their values and
amounts raised should be made available to the

Commission .

All disposals where the above guidelines are not followed
should be notified in advance to the Commission .

If these guidelines are not complied with, the Italian
Government should notify the Commission, under
Article 93 of the EEC Treaty, of the disposal of the salt
monopoly .

WRITTEN QUESTION No 424 / 93

by Mr Jose Valverde Lopez ( PPE )

to the Commission of the European Communities

(8 March 1993 )

( 93 / C 288 / 18 )

Subject : Non-compliance by Spain with Community
transport directives

law Directive 91 / 60 / EEC (-'), amending Directive
85 / 3 / EEC ( 3 ) and laying down the maximum authorized
dimensions for road trains .

An examination of the Royal Decree by the Commission
shows that the provisions in it do meet those of the
Directive, i.e. :

— maximum authorized length for road trains : 18,35 m ;

— total loading length ( sum of the loading lengths of the

motor vehicle and the trailer ): 15,65 m ;

— total loading length, including the distance between the

motor vehicle and the trailer : 16 m,

as do those relating to the use, until 31 December 1998, of
road trains built before 31 December 1991 which do not

meet the rules on total loading length and the coupling
mechanism or exceed the old total length of 18 m .

The Commission believes that Spain is complying with
Community measures and has received no complaints
against the country from hauliers .

(!) BOE of 4 September 1991 + corrigendum : BOE of 21 September

1991 .

( 2 ) OJ No L 37, 9 . 2 . 1992 + corrigendum : OJ No L 54, 28 . 2 . 1991

( Spanish version ).

( 3 ) OJ No L 2, 3 . 1 . 1985 .

WRITTEN QUESTION No 457 / 93

by Mr Thomas Megahy ( S )

to the Commission of the European Communities

( 11 March 1993 )

93 / C 288 / 19 )

The Spanish Government is failing to comply with a number Subject : Structural Funds and Community initiatives and
of Community directives on transport including Directive programme partnership
91 / 60 / EEC ( J ). What was the general situation in this sector
at the end of 1992 ? 1 . What role is envisaged for local authorities within the
next round of programmes ?

( x ) OJ No L 37, 9 . 2 . 1991, p. 37 fixing certain maximum

authorized .
2 . Is it the intention of the EC to regionalize the
operation of all Structural Fund programmes and CIS ?

3 . Does the UK Government intend to continue to

Answer given by Mr Matutes expand partnerships adopted under the RECHAR

on behalf of the Commission programme, i.e. the inclusion of parish and town

on behalf of the Commission

3 . Does the UK Government

expand partnerships adopted
programme, i.e. the inclusion
councils ?

(8 July 1993 )

4 . When does the UK and EC intend to resolve the status

The Commission has been informed of Royal Decree and eligibility for receipts of grant of private / public sector

1317 / 1991 of 2 August 1991 ( a ), incorporating into Spanish partnerships ? The current guidance is very unclear .

25 . 10 . 93 Official journal of the European Communities No C 288 / 9

5 . Does the EC / UK intend to resolve the status of the

public utilities ( NRA, water, electricity and gas boards )?

Answer given by Mr Millan
on behalf of the Commission

( 15 June 1993 )

1 . Local authorities are currently involved by the United
Kingdom government in the preparation, monitoring and
follow-up of Structural Fund Programmes .

2 . The Commission would expect the involvement of
local authorities to continue and develop in the next round
of programmes .

At present there are 14 regional partnerships : nine for the
regions eligible for Objective 2 of the Structural Funds ;
one for Objective 1 ( Northern Ireland ); and four for
Objective 5b .

The operations supported by the European Social Fund
under Objectives 3 and 4 ( for the long-term unemployed
and young people ) are currently planned and managed
centrally by a national Committee, according to the wishes
of the United Kingdom government .

3 . The Commission is in favour of wide partnerships and
in particular has proposed enhancing the involvement and
consultation of the social partners in the preparation and
implementation of operations in the next round of

programmes .

4 . Under the terms of the Community Support
Frameworks, it is possible for ERDF support to be given
towards the cost of projects carried out by private / public
sector partnerships .

The Commission understands that guidance on this point
has been issued by the United Kingdom government, and
has asked for a discussion of this .

Under the EAGGF Guidance Fund, the private sector
already plays an important role in the financing of projects
and this will continue in the future .

5 . All bodies involved in regional economic development
may receive ERDF grants in support of worthwhile schemes,
provided these are covered by the priorities agreed in the
Community Support Framework .

ERDF grants for projects carried out by such bodies should
result in at least an equivalent additional benefit to the
programme area . In the case of bodies carrying out
revenue-generating investments, the Commission intends to
ensure that any benefit from ERDF grants accrues to

consumers and does not enhance the profits of privatised
undertakings .

WRITTEN QUESTION No 464 / 93

by Mr Diego de los Santos Lopez ( ARC )

to the Commission of the European Communities

( 11 March 1993 )

( 93 / C 288 / 20 )

Subject : Fisheries structures in Spain

The European Community has amended Council
Regulation ( EEC ) No 4028 / 86 ( x ) on Community measures
to improve and adapt structures in the fisheries and
aquaculture sector in order to adapt the Community fleet to
available resources . To this end, the European Community
has adopted ( Decision 92 / 597 / EEC ) ( 2 ) the multiannual
guidance programme ( 1992 — 1996 ) for the fishing fleet of
Spain . The objective is a combined reduction in capacity
and activity involving temporary or permanent
decommissioning . In its last report, the Court of Auditors
pointed out that the Spanish Government had committed a
number of infringements with regard to laying-up
subsidies .

Does the Commission consider that this new attempt to
adapt Community fishing capacity has any chance of success
if the Spanish Government is clearly infringing the rules
concerning the payment of laying-up premiums ?

How many vessels registered in Andalusian ports were
awaiting laying-up or decommissioning premiums as at

1 February 1992 ?

What steps will the Commission adopt ?

0 ) OJ No L 376, 31 . 12 . 1986, p . 7 .

( 2 ) OJ No L 401, 31 . 12 . 1992, p . 57 .

Answer given by Mr Paleokrassas

on behalf of the Commission

( 19 May 1993 )

The multiannual guidance programmes for the fishing fleets
of the Member States for the period 1993 —96 seek to
reestablish an equilibrium between resources and fishing
effort ( including capacity ) in order to ensure that the
principles of balance and efficiency continue to apply in the
management of fishery resources .

These programmes involve substantial reductions of fishing
effort in those segments of the fishing fleet in which the

No C 288 / 10 Official Journal of the European Communities 25 . 10 . 93

imbalance between fishing effort and fishery ressources is
most pronounced . The overall objective of the programme is
to reduce capacity by at least 55%, the rest of the
scaling-down to be achieved through activity-reducing

measures .

The Commission regards the system of aid for adapting
fishing capacity as essential if the objectives of the
multiannual guidance programmes are to be achieved .

However, ' capacity adaptation ' is a so-called ' indirect '
measure by which the Community reimburses a proportion
of the costs incurred by the Member States .

The Member States send to the Commission a list of vessels

in receipt of a final cessation premium . This list is published
in the Official Journal of the European Communities .

The Commission has no knowledge of applications
currently under examination by the national authorities .

The meeting, the first of its kind, laid the foundations for a
joint response by Member States to the growing
international threat presented by criminal organizations,
including the Mafia . A number of ways of developing
cooperation were discussed and an ad hoc interdisciplinary
working group was set up — with which the Community is
associated as an observer — to look into these pending entry
into force of Title VI of the Treaty on European Union,
which will provide a coherent framework . The group was
instructed to report back to the Ministers within six months
with draft recommendations . Its work, based on a
systematic examination of judicial, police and customs
cooperation and a number of pertinent Community
instruments, is nearing completion .

However, since the fight against crime is essentially a matter
for intergovernmental cooperation, the Honourable
Member could usefully contact the Presidency for all the
information he requires on the measures that are being
taken and the measures that are planned .

WRITTEN QUESTION No 495 / 93

by Mr Alex Smith ( S )

to the Commission of the European Communities

WRITTEN QUESTION No 470 / 93
( 12 March 1993 )

by Mr Henry Chabert ( PPE )

to the Commission of the European Communities

( 93 / C 288 / 22 )

( 11 March 1993 )

( 93 / C 288 / 21 ) Subject : Protection of the marine environment

Subject : Measures to prevent the spread of Mafia activities

in Europe

Can the Commission give a detailed account of measures
being taken and discussions under way between various
national authorities with a view to adopting a general
strategy for systematically combating Mafia activities in
Europe ?

Can the Commission list the measures envisaged or adopted
to develop cooperation between the national police
authorities and judiciaries in order to effectively strengthen
international cooperation to put a stop to the criminal
activities of the Mafia, which are constantly increasing ?

Answer given by Mr Delors
on behalf of the Commission

(2 June 1993 )

The importance of strengthening cooperation between the
Twelve in the fight against organized crime was recognized
by Interior and Justice Ministers at a meeting on
18 September 1992 .

Has the Commission conducted any review of the
implications for the Community concerning oil slick
pollution in Community waters of Article 197 on global and
regional cooperation for the protection of the marine
environment of the United Nations Convention on the Law

of the Sea ?

Answer given by Mr Paleokrassas

on behalf of the Commission

( 13 July 1993 )

The United Nations Law of the Sea 1982 is not yet in force
internationally . The Community and several Member States
have signed the Convention, but the Community is not
likely to ratify soon, despite the fact that the Member States
and the Community are working together inside and outside
international fora, or through the establishment of regional
agreements, to meet the requirements of the provision under
Article 197 of the Law of the Sea .

No specific review is expected in the near future of the rule
on oil slick pollution of the marine environment .

In accordance with Article 197 of the Law of the Sea, which
provides for the development of regional cooperation to
protect the marine environment, the Community has

25 . 10 . 93 Official Journal of the European Communities No C 288 / 11

become a contracting party to several conventions such

as :

— the Convention for the prevention of marine pollution

from land-based sources ( Paris Convention );

— the Convention for the protection of the Mediterranean

Sea against pollution and its 4 protocols ( Barcelona
Convention );

— the agreement for cooperation in dealing with pollution

of the North-Sea by oil and other harmful substances

( Bonn Agreement );

— the Convention of cooperation on the protection against

the pollution of the North-East Atlantic ( Lisbon
Agreement );

— the Convention for the protection of the marine

environment of the North-East Atlantic ;

— the new Convention on the protection of the marine

environment of the Baltic Sea Area 1992 ( Helsinki
Convention ) ( the Community will soon accede to the
1974 Helsinki Convention ).

The Commission contributes to the work of the following
Conventions as an observer :

— prevention of the marine pollution by dumping
operations by ships and aircraft ( Oslo Convention ) to be
replaced by the new Paris Convention referred above ;

— Conventions under the International Maritime

Organization ( IMO ), ( London Convention, MARPOL,
SOLAS, OPRC, etc . . . .).

Most of these Conventions deal directly ( or indirectly in the
case of safety matters ) with oil pollution problems, therefore
Community participation is essential, due to the
international nature of these problems .

WRITTEN QUESTION No 508 / 93

by Mr Ernest Glinne ( S )

to the Commission of the European Communities

( 29 March 1993 )

( 93 / C 288 / 23 )

Subject : Trafficking in drugs and narcotics, prostitution

and dirty njoney in the West Indies, in particular
Sint Maarten

To varying degrees, the islands in the West Indies and the
Caribbean, whether they be overseas departments,

' autonomous ' colonies or nominally independent countries,
are escaping proper investigation of the trafficking of drugs
and narcotics, prostitution, organized crime and dirty
money . The Netherlands Antilles, particularly the Sint
Maarten-Philipsburg routes, are playing an increasingly
undisguised role in drug trafficking ( it is obvious from
numerous shop windows, boardings and credit card
advertisements that the area is a ' drug-free zone '!) while an
international mafia is able to spread its tentacles and enjoy
protection from unexpected quarters, as was the case of a
mafioso known for his activities in the area who has been

charged in Italy .

Given the responsibilities of Community Member States in
this area, what joint measures have been taken or are
envisaged to combat this scourge, which contrasts starkly
with the widespread poverty of populations clearly unable
to satisfy even their basic needs ?

Answer given by Mr Flynn
on behalf of the Commission

( 22 June 1993 )

The purpose of the various Community instruments
applicable to the overseas departments and, under the
association scheme and the Lome Convention, to the
Caribbean territories and States, is to contribute to
improving the well-being of the people living there .

The Commission shares the concern expressed by the
Honourable Member at the proliferation of drug trafficking
and related forms of crime in the Caribbean in general and
Sint Maarten in particular .

Measures have been taken by the Member States that have
responsibilities in the region . Their aim is to help the
departments, territories and States affected to deal with the
undesirable effects of the development of the region as a
centre for money-laundering . The Caribbean region is
particularly vulnerable in this respect for geographical
reasons, being bordered to the south by major production
areas and to the north by major outlets for the drugs traffic .
In 1989 the Group of Seven set up a specific International
Financial Action Task-Force ( GAFI ) representing the
Member States of the Community, the Commission and
a number of non-member countries to work on

money-laundering problems . A local GAFI was set up for
the Caribbean last year ; it will be based in Trinidad .

At the Community level, once the Treaty on European
Union is in force, Title VI ( Cooperation in the fields of
justice and home affairs ) will have to be used to coordinate
the measures taken by the Member States, notably - in
relation to customs and police cooperation, with measures
already taken by the Community under the instruments

No C 288 / 12 Official Journal of the European Communities 25 . 10 . 93

applicable to the French Overseas Departments, which are
covered by the existing Community treaties .

WRITTEN QUESTION No 510 / 93

by Mr Sotiris Kostopoulos ( NI )

to the Commission of the European Communities

( 29 March 1993 )

( 93 / C 288 / 24 )

Subject : The tanning sector following the GATT
negotiations

During the GATT negotiations on tanned hides, the
Community signed an agreement with Japan accepting
Japanese protectionism . In view of this, how does the

Commission intend to preserve outlets for the Community
tanning industry, given that the ' developing ' countries are
also pursuing protectionist policies ?

WRITTEN QUESTION No 514 / 93

by Mr Sotiris Kostopoulos ( NI )

to the Commission of the European Communities

( 29 March 1993 )

( 93 / C 288 / 25

Subject : Stray dogs in Greece

The number of stray dogs in Athens and many other Greek
cities has increased considerably in recent times . This
constitutes a danger to public health and also results in
much suffering and death among the animals . How does the
Commission intend to tackle this serious problem ? Does it
intend to call for the enforcement of the Paris Treaty, which
provides for animal rights to be respected and urge the
Greek authorities both to conduct a public awareness
campaign to improve the treatment of dogs and to enforce
the penalties provided by law ?

WRITTEN QUESTION No 638 / 93

by Mrs Cristiana Muscardini ( NI )

to the Commission of the European Communities

(5 April 1993 )

( 93 / C 288 / 26
Answer given by Sir Leon Brittan

on behalf of the Commission

(5 July 1993 )

The Commission is fully aware of the difficulties affecting
the tanning industry in Europe and in order to solve such
difficulties has intensified its efforts both with its trade

partners and within the Community .

In the area - s of international trade in ra\y hides and skins the
Commission, backed in its efforts by the European Tanners
Federation ( Cotance ), is seeking at both the multilateral and
bilateral levels, a substantial reduction of all barriers
affecting the trade .

In particular, in the framework of the Uruguay Round
negotiations, the Commission has made its offer for the
reduction of tariffs conditional upon the elimination or
substantial reduction of the export restrictions on raw
materials and import tariffs by our major trading

partners .

While the present Japanese tariff quota regime constitutes a
severe deterrent to imports, it is generally considered as
legally consistent with GATT rules . The Commission has
negotiated thoroughly and extensively with Japan on this
issue and the resulting agreement does provide increased
export opportunities for Community tanners .

Subject : Measures for the protection of stray animals

In the various Community Member States, the contracts
under which the local authorities concerned delegated
responsibility for protecting and running homes for stray
animals to public or private bodies will expire this year .

Given that the transfer of responsibilities back to local
authority health services will mean the introduction of the
much criticized policy of dog culling by systematically
eliminating stray dogs, will the Commission state what
action it intends to take to protect stray animals ?

Will it also make representations to the various governments
to ensure that the contracts are renewed and management
and supervision of stray animals is delegated to voluntary
bodies ?

i

Joint answer to Written Questions

Nos 514 / 93 and 638 / 93

given by Mr Steichen
on behalf of the Commission

( 11 June 1993 )

The Commission is very concerned about animal welfare in
the Community and, in the areas falling within its sphere of

J S

25 . 10 . 93 Official Journal of the European Communities No C 288 / 13

competence ( animal experiments, intensive farming ), it has part of the regional and structural development plans which
already taken steps to ensure that animals are protected . they 0 submit to the Structural Funds .

However, the Commission considers that matters such as
stray animals, which are not the subject of intra-Community
trade and which do not fall within the sphere of competence
of the Community, are best left to the Member States to
regulate themselves .

WRITTEN QUESTION No 534 / 93

by Mr Sotiris Kostopoulos ( NI )

to the Commission of the European Communities

i
It should also be remembered that cultural facilities and

activities are only eligible for support from the Structural
Funds if they contribute to the creation of jobs directly
associated with exploiting regional tourist potential .

WRITTEN QUESTION No 536 / 93

by Mr Sotiris Kostopoulos ( NI )

to the Commission of the European Communities

( 29 March 1993 )

( 29 March 1993 ) ( 93 / C 288 / 28 )

( 93 / CJ 288 / 27

Subject : Irregularities concerning Community subsidies to

the tomato industry

Subject : The creation of new cultural works in the
Community

Given that culture is not a uniform marketable product and
that it must not be restricted to the heritage of the past, and
considering that special attention must be paid to the
creation of new cultural works, will the Commission
provide grants from the Community 's Structural funds for
the creation of new cultural works in the Community ?

Further to my Written Question No 1757192 ( ] ) and the
reply by Mr MacSharry on behalf of the Commission

( 21 December 1992 ), can the Commission say whether it
has received all the information from the Greek authorities

on irregularities concerning Community subsidies to the
tomato industry, and whether this information includes that
in the possession of Mr Alavanos, member of the Greek
Parliament ? In order to guarantee the legitimacy and protect
the interests of the Community, has the Commission come
to the conclusion that there is a need for a special
inquiry ?

Answer given by Mr Pinheiro

on behalf of the Commission (!) OJ No C 99, 7 . 4 . 1993, p. 20 .

(9 July 1993 )

Stepping up Community action on cultural matters depends
to a great extent on the ratification of the Treaty on
European Union, which contains an article specifically
concerning culture ( Article 128 ). Nevertheless, the
Community institutions ( Parliament, the Council and the
Commission ) have already stated their positions on the
direction that future cultural action at Community level
should take . These positions are laid out in the Commission
communication COM(92 ) 149 final, in the Council
conclusions of 12 November 1992 ( 92 / C 336 / 01 ) and in
Parliament 's resolution A3-0396 / 92 .

Answer given by Mr Steichen

on behalf of the Commission

(3 May 1993 )

The case raised by the Honourable Member dates back to

1991 . A tomato processing plant was idle during the
marketing year in question and its quota was distributed
among the rest of the processing industry . Fraud involving
Community funds does not appear to have arisen .

The Commission does not know what information has been
The Community is to ensure that other existing Community transmitted Member of by the Greek the Greek Parliament authorities . to Mr Alavanos,
policies and programmes ( e.g. the Structural Funds, policies
on research and new technology ) take greater account of the
cultural dimension so that cultural production and activities The Commission has requested additional information
benefit more from the opportunities created by a Europe from the Greek authorities relating to the case, particularly
without frontiers . as regards the manner in which the quota of the processor

who did not operate was allocated to the other

The Commission would, however, remind the Honourable companies .
Member that it is primarily for the Member States to
propose projects or measures with a cultural dimension as

No C 288 / 14 Official Journal of the European Communities 25 . 10 . 93

WRITTEN QUESTION No 539 / 93 This document will constitute a proper basis for an enlarged

by Mr Sotiris Kostopoulos ( NI ) debate with both institutions on this important issue .

to the Commission of the European Communities

(M COM(91 ) 215 final .
( 30 March 1993 )

( 93 / C 288 / 29 )

Subject : Telecommunications frequency bands

Having regard to the motions for resolutions ( B3-1 675 / 92
and B3-1675 / 92 / rev .) by Mr Beumer on behalf of the
Committee on Economic and Monetary Affairs and
Industrial Policy on telecommunications frequency bands,
what has the Commission finally decided on digital
short-range radio ( DSRR )? Is it likely that the ECPT will be
made responsible for allocating frequencies for DSRR also ?
In the Commission 's opinion, what are the advantages and
disadvantages of this approach at present ?

Answer given by Mr Bangemann

on behalf of the Commission

( 23 July 1993 )

The Birmingham European Council agreed that, to flesh out
the subsidiarity principle, it would examine at Edinburgh
the initial outcome of a Commission review of existing
Community legislation . The Commission priority was to
review all proposals pending before the Council and
Parliament in the light of the subsidiarity principle . It
reviewed each proposal in terms of the need for action and
the amount of resources deployed against the objectives
pursued .

At the Edinburgh European Council the Commission
presented the result of this review . This document contained
a list of proposals which the Commission will consider
withdrawing after the proper contacts have been
established, notably with the Parliament . This list included
the ' proposal for a Council directive on the frequency bands
to be designated for the coordinated introduction of Digital
Short Range Radio in the Community ' ( ] ). The Commission
is at this stage still waiting for an opinion of the European
Parliament on the specific question of the subsidiarity issue
after which it will consider a formal withdrawal of the

proposal .

The Commission is preparing a communication to the
Council and the European Parliament on a new approach to
the coordination of radio frequencies in the Community .

WRITTEN QUESTION No 550 / 93

by Giuseppe Mottola, Mario Forte, Gerardo Gaibisso and

Lorenzo De Vitto ( PPE )

to the Commission of the European Communities

( 30 March 1993 )

( 93 / C 288 / 30

Subject : Construction of Naples Intercontinental airport

The socio-economic development of poor areas of the
Community requires, in particular, properly organized

transport structures .

Despite the major tourist potential and the incomparable
environmental, natural, architectural, thermal, historical
and cultural advantages of the Italian Mezzogiorno and its
main city, Naples, together with its diversity of agricultural
crafts and industrial production, no intercontinental airport
exists in this area . This is hampering development and is
doing nothing to encourage employment in an area with an
unemployment rate of 22,8 % compared with a national
average of 11,7% and the Community average of
10,6% .

1 . Will the Commission ask the Italian Government and

the Campania regional Government why construction
of the airport in ' Lago Patria ' has not begun .

2 . Will the Commission include funding for Naples
Intercontinental Airport as part of European transport
policy ?

3 . Will it take steps to enable the Italian Mezzogiorno to
benefit from ' Cohesion Fund ' appropriations
earmarked for transport ?

Answer given by Mr Schmidhuber

on behalf of the Commission

( 20 July 1993 )

1 and 2 . It is not the Commission 's task to make inquiries
to determine why the proposed construction of an
international airport on the Lago Patria site has not gone
ahead — with national funding .

25 . 10 . 93 Official Journal of the European Communities No C 288 / 15

The Commission could, however, consider an application 2 . Can it also say what operational projects are being or

for joint financing for the construction of an airport at this will be implemented in the light of the studies ?

for joint financing for the construction of an airport at this
site in the framework of the Regional Development Fund,
provided the national authorities presented a project
fulfilling all the required technical, administrative and
financial conditions .

In addition, the Commission would point out that in
accordance with the objectives of Articles 129b — d of the
Treaty on European Union, it will, in close collaboration
with the Member States, establish network guidelines for air
transport in the Community . These guidelines should help
to identify the airports to which priority should be given for
the purposes of operating a national air transport network
and / or for opening up disadvantaged regions . A number of
financial instruments will be available for financing airport
projects of common interest .

3 . Council Regulation ( EEC ) No 792 / 93 of 30 March
1993 establishing a cohesion financial instrument (*) will
help to support environmental and transport infrastructure
projects defined in Article 2 in those Member States which
haVe a per capita GNP of less than 90 % of the Community
average and which have a convergence programme designed
to avoid an excessive public deficit . Italy does not meet the
first condition and cannot therefore benefit from financial

contributions under this instrument .

(!) OJ No L 79, 1 . 4 . 1993 .

<

WRITTEN QUESTION No 571 / 93

by Mr Virginio Bettini ( V )

to the Commission of the European Communities

( 31 March 1993 )

( 93 / C 288 / 31 )

Subject : Community funding for studies connected with

restoration of Palermo 's old-town quarters

On 16 June 1988 Parliament adopted resolution
A2-0021 / 88 ( l ) on the participation of Community
financial instruments in the restoration of the historic centre

of the city of Palermo .

Since 1989 the European Regional Development Fund has
been used to finance a series of studies connected with

restoration of the city centre in Palermo .

1 . Can the Commission say what types of studies have been
financed ?

f 1 ) OJ No C 187, 18 . 7 . 1988, p. 160 .

Answer given by Mr Millan
on behalf of the Commission

( 13 July 1993 )

1 . In 1989 the Commission provided ECU 100 000, i.e .
50% of the total cost, for a study entitled ' Progetto di
massima per il recupero del complesso monumentale dello
Spasimo '. In 1991, the Commission provided ECU 650 000,
i.e . 70% of the total cost, for a second study : ' Progetto
esecutivo del restauro del complesso monumentale dello
Spasimo '.

2 . The logical follow-up to the studies already financed
would be to undertake a pilot project to renovate part of the
' Spasimo '. Unfortunately, nothing can be done for the
movement because the current political crisis has resulted in
the dissolution of Palermo city council .

WRITTEN QUESTION No 5 72 / 93

by Mr Virginio Bettini ( V )

to the Commission of the European Communities

( 31 March 1993 )

( 93 / C 288 / 32 )

Subject : ERDF funding for urban pilot projects

Twenty-five urban pilot projects have been funded under
Article 10 of the ERDF regulation with a view to testing
integrated urban policy approaches ( to be applied whether
or not the towns and cities concerned are situated in eligible
areas within the meaning of the Structural Fund
objectives ).

What progress has been made with the projects, and to what
extent has each project achieved its appointed aims ?

Answer given by Mr Millan
on behalf of the Commission

( 24 May 1993 )

The first urban pilot project was approved for London at the
beginning of 1990 . This project will very shortly produce its
final report . A preliminary evaluation shows that the project
has been successful and fulfilled its objectives . Some of the

No C 288 / 16 Official Journal of the European Communities 25 . 10 . 93

other projects which started in 1990 will also reach
completion this year .

At the end of last year the Commission signed a consultancy
contract to evaluate and monitor all the 25 urban pilot
projects which have been cofinanced under Article 10 of the
European Regional Development Fund Regulation . The
Parliament will be informed of the results of this

evaluation .

The Greek authorities can also include measures to protect
this endangered breed in their regional development
programmes financed by the structural Funds .

(!) OJ No C 185, 7 . 7 . 1993 .

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

WRITTEN QUESTION No 577 / 93

by Mr Sotiris Kostopoulos ( NI )

to the Commission of the European Communities

( 31 March 1993 )

WRITTEN QUESTION No 575 / 93 ( 93 / C 288 / 34

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

( 31 March 1993 )

( 93 / C 288 / 33 )

Subject : The Cretan ' giorgalidiko ' horses

After ten centuries on Crete the ' giorgalidiko ', one of the
rarest species of horse in the world, is threatened by
extinction . According to a recent count, there are at present
on the island 90 Cretan horses of this breed, belonging to 62
owners, whereas in the past there were many thousands .
What will the Commission do to ensure that the

' giorgalidiko ' is placed under special protection ?

Answer given by Mr Paleokrassas

on behalf of the Commission

( 22 June 1993 )

As the Commission has already pointed out in its answers
to Written Question No 154 / 93 by Mr Alavanos (*)
concerning the ponies on Skyros, under Regulation ( EEC )
No 2078 / 92 ( 2 ) Member States can now grant a premium to
farmers who rear local endangered breeds .

A Community inventory of endangered breeds of horse is
scheduled for 1993 .

The Greek authorities do not have to wait until this

inventory is published . They can put the ' yorgalidika ' horse
on the list of endangered breeds for which they wish to grant
a premium to farmers under Regulation ( EEC ) No 2078 / 92 .
Cofinancing by the EAGGF would be 75 % and the
maximum eligible amount ECU 100 for every horse over six
months old .

Subject : The killing of wild horses on Mt Enos,
Cepha Ionia

Crimes are being committed on the island of Cephalonia ;
the wild horses on Mt Enos are being killed . The Society for
the Protection of Nature on Cephalonia and Ithaca revealed
this after a professor announced that four wild horses on Mt
Enos had been recently shot and killed . In view of this, will
the Commission ask the Greek authorities to provide
immediate protection for the wild horses of Enos, which are
in imminent danger of extinction ?

Answer given by Mr Paleokrassas

on behalf of the Commission

( 22 June 1993 )

The problem to which the Honourable Member refers
concerns domestic horses which appear to have been
abandoned by their owners .

If, however, the Greek authorities believed that these horses
belonged to a local endangered breed used for agricultural
purposes, they would be able to grant a premium to the
farmers concerned under Regulation ( EEC ) No 2078 / 92 ( 1 ).
As pointed out in the answer to the Honourable Member 's
Written Question No 575 / 93 ( 2 ), cofinancing by the
EAGGF would be 75 % and the maximum eligible amount
ECU 100 for every horse over 6 months old .

The Greek authorities can also include measures to protect
this endangered breed in their regional development
programmes financed by the structural Funds .

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

( 2 ) See page 16 of this Official Journal .

25 . 10 . 93 Official Journal of the European Communities No C 288 / 17

WRITTEN QUESTION No 581 / 93

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

( 31 March 1993 )

WRITTEN QUESTION No 585 / 93

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

( 31 March 1993 )

( 93 / C 288 / 35 ) ( 93 / C 288 / 36 )

Subject : Biological purification plant at Megara

Subject : Burnt woodland areas in the Community

Many forest fires are caused by arsonists in an attempt to
profit from having woodland classified as building land and
many have hitherto been able to build in burnt forests while
the authorities turn a blind eye, particularly in
Mediterranean Member States such as Greece . In view of

this, what steps will the Commission take to protect the
Community 's woodland areas from the arsonists in pursuit
of their illegal interests ?

Answer given by Mr Steichen

on behalf of the Commission

(7 July 1993 )

Last July the Council renewed and stepped up the
Community measures to protect forests from fires by
adopting Regulation ( EEC ) No 2158 / 92 ( 1 ).

That Regulation provides inter alia for the Member States to
forward forest-fire protection plans, which must comprise
in particular an analysis of the causes of fires and the
planned measures to combat them .

It also provides for the financing of studies to identify these
causes and to devise proposals for schemes to eliminate
them .

It should be pointed out in addition that in the near future
the financing of Community measures in areas classified as
high and medium risk will be subject to such plans being
adopted and measures being implemented in accordance
with such plans .

Furthermore, the Honourable Member should be reminded,
as in the answer to Oral Question No H-l 74 / 93 ( 2 ), that any
change in the land-use plan falls within the competence of
the Member State .

(!) OJ No L 217, 31 . 7 . 1992 .
( 2 ) Debates of the European Parliament No 3-428 ( March
1993 ).

Construction of the biological purification plant in the town
of Megara is a project of tremendous importance . However,
although all the preparations have been made for the work
to begin and the contract is expected to be awarded to
one of the three tendering construction companies,
time-consuming procedures, bureaucracy and formalities
are preventing the project from getting off the ground . Does
the Commission know when it will commence ?

Answer given by Mr Paleokrassas

on behalf of the Commission

(8 July 1993 )

The Commission would inform the Honourable Member

that it does not know the date on which the work referred to

in the question is to commence .

The statutory timetable for agglomerations to be provided
with waste water disposal systems is laid down by Directive
92 / 271 / EEC of 21 May 1991 (*) concerning urban waste

water treatment .

The deadlines by which these obligations must be met are
spread between 31 December 1998 and 31 December 2005
according to the sensitivity of the receiving environment and
the size of the agglomeration concerned .

(M OJ No L 135, 30 . 5 . 1991 .

WRITTEN QUESTION No 594 / 93

by Mr Jean-Pierre Raffin ( V )

to the Commission of the European Communities

( 31 March 1993 )

( 93 / C 288 / 37 )

Subject : Toxicity of pyralene and products derived from its

combustion

The French press ( France Info of 23 January 1993 ) has
published details of a forthcoming report from the French
Academy of Sciences which draws the following
conclusions :

— in the event of a transformer igniting, pyralene would

not generate dioxins or furans,

No C 288 / 18 Official Journal of the European Communities 25 . 10 . 93

— the compounds would not be dangerous and, of the WRITTEN QUESTION No

dioxins, only TC DI ) would present a limited risk . by Mr Jean Penders ( PPE )

WRITTEN QUESTION No 596 / 93

dioxins, only TC DI ) would present a limited risk .

Given that the Commission has adopted an entirely different
position over the incineration of PCB / PCT and in
submitting the future directive on the incineration of
hazardous waste, could the Commission say :

1 . on what scientific criteria it has based its arguments
concerning these products in drawing up the texts
submitted to the European Parliament ;

2 . whether it is familiar with the report by the Academy of

Sciences and what its views are on that report ?

Answer given by Mr Paleokrassas

on behalf of the Commission

( 29 July 1993 )

In October 1991 the Commission presented its amended
proposal for a Council Directive on the disposal of
polychlorinated biphenyls and polychlorinated
terphenyls ( 1 ), after having received Parliament 's opinion
which favoured an even stricter system than the one put
forward in the Commission 's original proposal .

In drafting its proposal the Commission 0 referred to a large
number of scientific articles and specialist journals,
including Chemosphere and the Revue Generale de
l'Electricite, and to a series of studies including

1 . Proposal for Code of Practice concerning the use of

equipment containing PCB . By Jurgen Bastian
( consultant ) DG-XI, December 1986

2 . Report on a study of measures to avoid dispersion into
the environment of PCBs and PCTs from existing
installations . By Bletchly ( consultant ) DG-XI 1985

3 . Polychlorinated biphenyls and related products . By
Dundas ( consultant ) DG-XI, September 1986

4 . Polychlorinated biphenyls : an inventory of analytical
methods, occurrence, kinetics and toxicology . Deutsche
Forschungsgemeinschaft 1988

According to these studies and articles it is generally
accepted in scientific circles that PCBs, when incinerated in
less than perfect conditions, can produce the most toxic
derivatives of dioxins and furans .

to the Commission of the European Communities

( 31 March 1993 )

( 93 / C 288 / 38 )

Subject : Arrest of NCR / HandelsblacT s Moscow
correspondent

1 . Is the Commission aware that the NCR / Handelsblad 's

Moscow correspondent, Hubert Smeets, was arrested in
Uzbekistan on 12 February 1993 and subsequently expelled
as an undesirable alien for holding talks with members of
the opposition ' in breach of the programme '?

2 . Is the Commission prepared to investigate this
incident and request explanations ?

3 . Is the Commission prepared to point out to the
Uzbekistan authorities that CSCE membership and
signature of CSCE instruments and the Charter of Paris
imply a commitment in respect of guaranteed freedom of
speech and that the expulsion of journalists without a valid
reason is contrary to this commitment ?

Answer given by Mr van den Broek

on behalf of the Commission

(9 June 1993 )

The Community attaches the greatest importance to respect
for human rights in Uzbekistan, a newly independent State
which is fully committed to the Helsinki process .

The Community will remind Uzbekistan of the high value
which it places on the respect for human rights in its future
negotiations with that country on the Partnership and
Cooperation Agreements .

The Commission has no information about the specific case
to which the Honourable Member refers .

It would remind the Honourable Member that it is not

customary to comment on specific violations of human
rights, except in cases of particular symbolic importance .

The Commission is not familiar with the report by the Representations on matters relating to violations of human
French Academy of Sciences to which the Honourable rights are usually made in private, in an effort to promote a
Member refers . constructive dialogue with the country in question while

safeguarding the interests of the victims of such
violations .
(!) COM(91 ) 373 final — SYN 161 .

25 . 10 . 93 Official Journal of the European Communities No C 288 / 19

WRITTEN QUESTION No 604 / 93

by Mr Inigo Mendez de Vigo y Montojo ( PPE )

to the Commission of the European Communities

(1 April 1993 )

( 93 / C 288 / 39 )

«

Subject ; Public statements by the Spanish Minister of

Economy and Finance, Mr Solchaga

In public statements Mr Solchaga has described the
Commission of the European Communities as 'a body of
senior civil servants ' and has declared that it is ' not

appropriate for its President to give his opinion on matters
which do not fall directly within his responsibility '.

1 . What does the Commission think of Mr Solchaga 's

description of it as 'a body of senior civil servants '?

2 . Does the Commission consider that for President Delors

to state that a country with 20 % unemployment will
not be able to join the EMU in 1997 constitutes
interference in the internal affairs of a Member State ?

Answer given by Mr Pinheiro

on behalf of the Commission

( IS July 1993 )

1 . The Commission would point out that it is not in the
habit of responding to public statements by Member States '
politicians .

2 . Mr Delors did not, as reported in the press ( and
immediately denied by the Commission ), either say or
imply, in his statement to the Socialist Group of the
European Parliament on 4 February, that the Spanish
economy would not be ready to move on to the third stage of
EMU in 1997 .

What Mr Delors did say, in general terms, was that he did
not think that the convergence of the European economies
could happen spontaneously and that it was only natural for
each Member State to advance towards EMU at its own

pace, since the point of departure was not the same for
all .

In the case of Spain, there can be no doubt that the pursuit of
the objectives laid down in its convergence programme
offers it the best chance of meeting by 1997 the conditions
required for transition to the third stage of EMU .

WRITTEN QUESTION No 612 / 93

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

(1 April 1993 )

( 93 / C 288 / 40 )

Subject : Recognition of qualifications — Meat inspection

In Directive 64 / 43 3 / EEC ( ] ), the term ' Official Veterinarian '
was used to indicate the person responsible for supervising
inspection activities associated with meat . In the United
Kingdom prior to EC entry all meat inspection was carried
out under supervision of ' Environmental Health Officers '

( EHOs ), who have special expertise and training in this
work . Veterinary Surgeons were not involved in meat
inspection activities .

As a result of UK accession and the above directive, UK
slaughterhouses engaged in intra-Community trade were
put under the supervision of veterinary surgeons, while the
majority which engaged solely in home trade continued to
be supervised by EHOs .

The introduction of the Single Market and the adoption of
Directive 91 / 497 / EEC ( 2 ) has meant that EHOs are no
longer recognized under EC law . Although there is no
evidence that meat from abattoirs supervised by
Environmental Health Officers is, or has been, inferior in
any way, EHOs are no longer permitted to carry out this
work .

1 . Do not emphasis on subsidiarity and ' the new approach '
in the Single Market create a presumption that the
European Commission should introduce legislation to
allow the UK to continue to use its former inspection
system with EHOs ?

2 . Will the Commission introduce legislation or other
measures having equivalent effect to permit the use of
EHOs in Britain, for example by replacing the words
' Official Veterinarian ' by ' competent authority '?

3 . If the Commission does not so agree, having regard to
subsidiarity will it provide me with the evidence on
health grounds making it essential that inspection
should be carried out by official veterinarians rather
than EHOs who carried out such inspections effectively
in the past ?

t 1 ) OJ No L 121, 29 . 7 . 1964, p . 2012 / 64 .

( 2 ) OJ No L 268, 24 . 9 . 1991, p . 69 .

Answer given by Mr Steichen

on behalf of the Commission

( 19 May 1993 )

Since accession to the Community, the United Kingdom has
accepted the need to ensure a high level of protection of

No C 288 / 20 Official Journal of the European Communities 25 . 10 . 93

animal health and human health in relation to trade in meat .

It has in consequence agreed with the other Member States
that for this particular trade it is necessary that an official
veterinarian is made responsible for the ante and
post-mortem inspection of slaughter animals and meat and
its hygiene production . The entry into force of the internal
market and removal of frontier checks at internal borders

lays even more responsibility on the country of origin to
carry out checks at origin in accordance with agreed
Community rules . The Commission does not envisage any
change in this sector .

At the same time it is brought to the attention of the
Honourable Member that in many other areas concerning
hygienic production of food it is agreed that Member States
have the responsibility for designating the ' competent
authority ' who shall be responsible for the tasks laid down
by different Community rules . In these areas it remains the
responsibility of the United Kingdom to designate the
' competent authority 1 .

WRITTEN QUESTION No 613 / 93

by Mr John Bird ( S )

to the Commission of the European Communities

(1 April 1993 )

( 93 / C 288 / 41 )

Subject : Non-implementation of EN-286-1991 Simple
Pressure Vessels

Will the Commission give detailed information regarding

1 . The implementation of EN-286-L991 — safety
requirements for the manufacture of Simple Pressure
Vessels

2 . The action it has taken to enforce compliance with

EN-286-1991 in those Member States where the 1 July

1992 implementation deadline was ignored .

3 . What financial and / or other sanctions will be deployed

against Member States, and manufacturers, who
continue to fail to observe EN-286-1991 .

essential requirements which govern the safety of the vessels .
Infringement proceedings for non-communication of
national implementation measures are outstanding against
Luxembourg, the Netherlands, Portugal and the United
Kingdom .

It is a new approach directive drawn up in support of
technical harmonization and European Standards, such as
EN 286, which support the directive are not mandatory .
They are only one means to comply with the, relevant
essential requirements of the directive . The use of such a
standard gives, however, a presumption of conformity .
Other means may be used in as far as the manufacturer can
demonstrate compliance with the essential requirements .
Therefore neither the Commission nor Member States can

take any action to oblige manufacturers to comply with

EN 286-1991 .

With respect to the implementation of European Standards
the members of CEN / CENELEC are obliged to implement
them at national level by giving them the status of a National
Standard and by withdrawing any conflicting National
Standard .

As regards the implementation of the standard EN 286, the
Commission can inform the Honourable Member that

EN 286 part 1 ( 1991 ), on design, manufacture and testing
and EN 286 part 2, for air braking cylinders of motor
vehicles and trailers had to be implemented by 6 August

1991 and 31 March 1993 respectively . They were listed in
the Official Journal of the European Communities on
24 April 1992 and 12 December 1992 respectively giving
them the presumption of conformity status . There are two
further parts to this standard EN 286, parts 3 and 4, which
will go to a final vote at CEN by 27 March 1993 .

3 . Since manufacturers have a choice of routes to comply
with the directive the standard is not mandatory . Therefore
the Commission cannot take sanctions against a Member
State or a manufacturer who can demonstrate compliance
with the directive by means other than the harmonized
European Standard EN 286 .

H OJ No L 220, 8 . 8 . 1987 .

WRITTEN QUESTION No 615 / 93

by Mr Madron Seligman ( PPE )

to the Commission of the European Communities

(1 April 1993 )

Answer given by Mr Bangemann

on behalf of the Commission ( 93 / C 288 / 42 )

on behalf of the Commission

( 23 June 1993 )

1 and 2 . Council Directive 87 / 404 / EEC (*) on simple
pressure vessels is mandatory and requires full
implementation by Member States by 1 July 1992 . By this
date all relevant pressure vessels must comply with the

Subject : Draft Directive on VOC recovery

The Commission is to be congratulated on seeking to
protect the ozone layer . However, the rules it wishes to
apply to small petrol filling stations appear quite draconian,

25 . 10 . 93 Official Journal of the European Communities No C 288 / 21

when it has been estimated that only 2 % of VOCs escape working group indicated its willingness to accept
during refuelling compared with 10% due to evaporation derogations for such smaller businesses .
and 25 % in exhaust fumes from the use of motor
vehicles . The Commission therefore considers that the proposal takes
account of the special problems of the small service stations

I am advised that the cost of installing the requisite VOC referred to in the question and sees no reason to postpone
equipment could be of the order of £3 000 to £6 000 for the requirements .

I am advised that the cost of installing the requisite VOC
equipment could be of the order of £3 000 to £6 000 for
small family-owned stations . Having regard to the modest
profit margins available on highly taxed fuel — and the
position could become exacerbated with the projected
introduction of a carbon tax — many businesses could
become unviable .

The EC supports SMUs in principle, but if many filling
station owners go out of business, it will greatly increase
unemployment and reduce the facilities currently available
to motorists and lorry drivers .

Will the Commission therefore consider the postponement

' sine die ' of its proposed measures applicable to filling
stations ?

The Commission is willing to answer any queries arising in
connection with this matter .

WRITTEN QUESTION No 618 / 93

by Mr Victor Manuel Arbeloa Muru ( S )
to the Commission of the European Communities

(1 April 1993 )

( 93 / C 288 / 43 )

Answer given by Mr Paleokrassas 0

on behalf of the Commission

( 13 July 1993 ) Subject : Measures to support electoral processes

The proposal for a Council Directive on the control of
volatile organic compound ( VOC ) emissions resulting from
storage of petrol and its distribution from terminals to
service stations ( the so-called ' Stage I ' Directive ), is currently
being discussed by the European Parliament and the
Environment Council . The Parliament adopted its opinion
on the proposal on 24 June 1993 and the Council adopted a
common position on 28 June 1993 .

The proposal does not aim at protecting the ozone layer, but
at reducing VOC emissions, which contribute to the
formation of ozone ( photochemical smog ). Ozone is
hazardous to health and causes damage to crops and
buildings .

The present proposal for a Directive on the emissions from
the storage and distribution of petrol covers some 5 % of the
total emissions of man-made VOCs in Europe, equal to
some 500 000 tonnes per year . The refuelling losses at the
service stations, which amount : to some 2% of the total
emissions as quoted by the Honourable Member, are not
covered by the present proposal .

The Commission notes the figures quoted by the Petrol
Retailers Association in the UK as costs to the service

stations . However authoritative sources in the oil industry

( CONCAWE ) continue to advise the Commission that the
costs are significantly less due to the ability to apply simpler
techniques than those on which the higher cost estimates are
based .

The Commission has nevertheless agreed that these costs,
even at the lower figure, may cause problems for some small
service stations and has, during discussions in the Council «

What steps have been taken by the EC to support measures
taken in the run-up to elections using appropriations
entered against budget Item B7-5053 ?

WRITTEN QUESTION No 620 / 93

by Mr Victor Manuel Arbeloa Muru ( S )
to the Commission of the European Communities

(1 April 1993 )

( 93 / C 288 / 44 )

Subject : Support for the process of democratization

What is the Commission 's assessment to date of measures

taken to support the process of democratization financed
under budget Item B7-5053 ? Is the assessment favourable or
unfavourable and why ?

Joint answer to Written Questions

Nos 618 / 93 and 620 / 93

given by Mr Marin
on behalf of the Commission

( 24 June 1993 )

Budget heading B7-5053 was created in 1992 with an
appropriation of ECU 10 million — all of which has been

No C 288 / 22 Official Journal of the European Communities 25 . 10 . 93

committed — to provide support for the transition to democratic institutions in these countries should be given

democracy in developing countries . With the aim of special attention .
ensuring the success of the first step towards lasting
democracy, the bulk of these funds were used to meet the
urgent requirements for assistance of a number of countries,
many of them African, that were holding ( or are holding )
elections .

WRITTEN QUESTION No 624 / 93

More than ECU 6 million was committed to aid the

preparation, organization and running of elections in a
number of sub-Saharan countries . The remaining ECU 4
million went to projects designed to strengthen the fabric of
civil society and promote human rights . In some countries
such operations received supplementary financing, to the
tune of over ECU 10 million in all, from national indicative
programmes or counterpart funds .

Of the 1993 allocation for this heading ( ECU 16 million ),
the Commission has allocation ECU 675 000 for electoral

assistance operations in Madagascar, Gabon, Eritrea and
Burundi out of the more than ECU 3,7 million already
mobilized .

A decision was taken recently to allocate ECU 480 000 from
NIP / counterpart funds to aid elections in Guinea and
Central African Republic .

It should be emphasized that these electoral support
operations were all carried out in close liaison with the
Member States and the main donors .

Generally speaking, it is fair to say that the Community 's aid
has played quite an important role in most of the countries
in question . In some cases, it is too difficult and still
premature to draw final conclusions on the actual impact of
this aid .

Admittedly, it is clear that efforts made in certain African
countries to start the transition towards democracy have
not, despite early hopes, produced the expected results, and
serious obstacles have arisen, or even the risk of
regression .

The worrying events we are witnessing in Angola, Zaire and
Togo, among others, illustrate the scale of the difficulties
which many African countries have to deal with in order to
start a process of true democratization .

The difficulties and risks of failure in some places show the
need for a still more coordinated and effective effort by the
Community to do everything it can by way of support,
action and cooperation to ensure, through constructive and
open dialogue, that additional means are found to achieve
lasting results . Any initiative aimed at strengthening new

by Mr Leen van der Waal ( NI )
to the Commission of the European Communities

(1 April 1 993 )

( 93 / C 288 / 45 )

Subject : Critical report on the implementation of European

research programmes

In July 1992, the Commission was offered a report by a
working party led by a former head of Philips, W. Dekker,
and consisting of people employed by IBM, Fiat and
Daimler Benz . The report was critical of the Esprit, RACE
and Drive European research programmes .

Although the authors do not dispute the value of some of the
projects, they recommend ending them and replacing them
with new research efforts .

To date, the Commission has not responded to this report .
Can it say when it will do so ?

Answer given by Mr Bangemann

on behalf of the Commission

( 19 July 1993 )

The report of the Information and Communication
Technologies Review Board was transmitted to the
Commission in June 1992 . This independent board, under
the chairmanship of Professor Dr Wisse Dekker, was
charged by the Commission with the task of evaluating
on-going Community R&D programmes in the field of
Information and Communications Technologies .

The report was transmitted to Mr Desama, chairman of the
Committee on Energy, Research and Technology ( CERT ) of
the Parliament and to the research ministers in the Member

States .

The report analyses the three Community programmes
Esprit, RACE and Drive, and makes a number of
recommendations on future Community R&D activities in
these areas following the completion of current
programmes . These recommendations have already been
taken into consideration to a large degree in the formulation
of the Commission 's Working Document concerning the
Fourth Framework Programme of Community Activities in
the Field of Research and Technological Development

( 1994 — 1998 ) ( ] ). In line with the findings of the Board, the

25 . 10 . 93 Official journal of the European Communities No C 288 / 23

R&cD activities described in the Commission 's Working
Document have a stronger demand-pull dimension to
technology-development which remains more than ever
necessary but which requires clearer links to potential
application, as well as concentrating on a limited number of
basic underlying technologies . Furthermore, the concept of
a best practice programme, directly inspired by the
recommendations of rhe Board, has found practical
expression in the proposal for launching a priority action in
software engineering and best practice .

The Commission 's Working Document furthermore refers
explicitly to the completion of the RACE programme as
proposed by the Board, since it will have successfully met its
objectives in the timeframe foreseen . It also outlines the
need to address new advanced topics in the field of
telecommunications, as recommended by the Review Board,
during the period to 1998 .

The report together with other inputs, in particular a report
entitled ' Europe 2000 : Requirements for the Fourth
Framework Programme 1, drafted by a Task Force composed
of industrial users and suppliers, which was forwarded to
Mr Desama on the same occasion, will continue to be of use
in preparing the Fourth Framework Programme and its
specific programmes .

(!) COM(92 ) 406 final .

WRITTEN QUESTION No 625 / 93

by Mr Henry Chabert ( PPE )

to the Commission of the European Communities

(1 April 1993 )

( 93 / C 288 / 46 )

Subject : Tragedy in Armenia

Four years after being struck by an earthquake causing more
than 100 000 deaths, Armenia has suffered all kinds of
hardship .

Azerbaidjan, which was Armenia 's main trading partner
before the conflict, has now imposed a total blockade on this
small mountainous republic .

The statistics speak for themselves, and nine out of ten
people have apparently been living exclusively on rationed
bread since December . According to certain official
estimates 30 000 people may well not survive this winter .
Finally, newborn babies, the most severely affected by cold
and malnutrition, are dying by dozens each day .

Concerning Community food aid, about 1 000 tonnes of
powdered milk are reportedly still being held up by the Baku
government near the Armenian border .

Given the scale of the disaster, the gravity of the situation in
Armenia in general and its effect on children in particular
in this old Christian enclave situated within the

Turko-Azeri-Armenian Muslim triangle, can the
Commission say what emergency measures it intends to
propose, which must be far more comprehensive than those
decided to date, in order to relieve the extreme sufferings of
the Armenian people ?

Answer given by Mr Marin
on behalf of the Commission

( 15 July 1993 )

The Commission is following very closely the situation in
Armenia and is aware of the dramatic impact on its economy
of the war with Azerbaijan and the blockade .

«

The Commission has recently decided to send emergency aid
to Armenia for a total amount of ECU 5,97 million . This aid
will consist of baby food, family parcels, medicines, vaccines
and seed potatoes .

Another recent measure of support for Armenia has been the
Commission 's decision to allocate to this country a new
ECU 20 million loan which should allow the purchase of
wheat ( ECU 15 million ) and soya ( ECU 5 million ). In the
past Armenia already benefitted from an ECU 38 million
loan to buy food and medicines .

The distribution of food aid to Armenia has faced several

problems due to the continuing conflict with Azerbaijan . In
particular, 1 000 tonnes of baby food and powdered milk
were stopped by the Azeris at the border between Armenia
and Azerbaijan . Nevertheless, the Azeri government
unblocked this food aid in January 1993 . Six wagons were
kept by Azerbaijan, 45 were sent to Russia and two to
Georgia . Out of the 45 wagons sent to Russia, only 40
arrived . Therefore, 1 1 wagons are missing ( six in Azerbaijan
and five probably in Russia ). The food products have been
stored in Rostow-on-Don for almost three months and now

the air transport to lirevan is taking place . The first plane
was expected to arrive on 21 April 1993 . The airlift will be
finished in 10 days .

The Commission is ready and willing to continue its efforts
to help Armenia in its grave situation . However, it is only
through the end of the armed conflict over Nagorny
Karabakh that a lasting solution can be found to the
problems of the region . The Community fully supports the
peace efforts of the Minsk group under the chairmanship of
Mr Rafaelli and in the framework of the CSCE .

No C 288 / 24 Official Journal of the European Communities 25 . 10 . 93

WRITTEN QUESTION No 639 / 93

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

(5 April 1993 )

( 93 / C 288 / 47

Subject : Unacceptable inclusion of vintage cars and
motorcycles in the ' redditometro '

Does the Commission not consider it unfair that Italian

owners of vintage cars and motorcycles must include these
items in their declarations of income ( form 740 ) and the
' redditometro ' questionnaire, on the basis of which the
taxable income of Italian citizens is calculated ?

Community up to the year 2000 . This exhaustive study is of
great importance, since it provides, for the first time, an
overall view of regional planning in the Community .

Unfortunately, it appears that the study was published in
only three languages .

If this is true, why was such a useful document not produced
in all the Community languages ?

On the basis of what criteria was it decided that it should be

published only in some languages ?

Will it be published in Spanish ?

Does not the fact that it was published only in certain
languages constitute serious discrimination and is it also not

This provision would be contrary to existing laws which do extremely unfair ?
not consider vintage cars and motorcycles as equivalent to
vehicles currently in service, as they are exempted from
property tax, may be insured for limited periods and, as is
well known, cover only a few hundred kilometres each Answer given by Mr Millan
year . on behalf of the Commission

( 23 June 1993 )

Answer given by Mrs Scrivener

on behalf of the Commission

( 30 June 1993 )

%
The taxation of income is governed by national rules and
regulations .

As it currently stands, Community law is no bar to the
application of Member States ' personal income tax
legislation as long as that legislation guarantees that the
relevant fundamental principles and freedoms enshrined in
the EEC Treaty will be observed .

The document in question has been available in all the
Community languages since May 1992 . A Spanish copy is
being sent directly to the Honourable Member . The
Commission wishes to inform the Honourable Member that

the General Secretariat of Parliament already has copies of
this document in Spanish .

The Commission would also remind him that Parliament

delivered an opinion on this document on the 16 September

1992 on the basis of a report by Mrs Maibaum .

The Commission accordingly takes the view that Member
States are free to ask taxable persons for the information WRITTEN QUESTION No 644 / 93
they consider necessary to calculate income tax .

by Mr Jose Vazquez Fouz ( S )
to the Commission of the European Communities

WRITTEN QUESTION No 642 / 93

by Mr Jose Vazquez Fouz ( S )

to the Commission of the European Communities

(5 April 1993 )

( 93 / C 288 / 48

Subject : Documents published by the Commission which

are not available in Spanish

On 7 November 1991 the Commission published a
document on the prospects for development in the

(5 April 1993 )

( 93 / C 288 / 49

Subject : Fisheries trade policy

One of the major achievements of the single market should
be competition under equal market conditions . This goal is
clearly feasible among the EC Member States but should
also apply to resources from third countries .

It should apply above all to catches of fish species subject to
a close season in common fishing grounds or fish smaller
than the authorized size, especially catches of young or
immature fish, a practice which, while subject to legal action
and sanctions where Community resources are concerned, is
allowed or tolerated in respect of resources from other

25 . 10 . 93 Official journal of the European Communities No C 288 / 25

countries, including those with common fishing grounds,
for which the rules and principles should be the same .

Should measures not be taken to prevent the entry of fish of
smaller sizes than those authorized in the Community ?

the subject of a proposal for an amendment whereby
marketing standards would be established for four new
species following their inclusion in the common
organization of the market for fishery and aquaculture
products under Council Regulation ( EEC ) No 3759 / 92 of

17 December 1992 ( 3 ).

Do not the large catches of young and immature fish
available on the market represent a danger to fishery
stocks ?

available on the market represent a danger to fishery Regulation ( EEC ) No 103 / 76 lays down that the minimum
stocks ? biological size expressed in length must in all cases be

observed and shall take precedence over the minimum
commercial size expressed in weight .
What steps does the Commission plan to take to prevent this
trade, which is having such a damaging effect on the
market ? The Commission shares the view of the Honourable
Member that the rules of Regulation ( EEC ) No 103 / 76, the
observance of which should be monitored by the competent
authorities of the Member States, do not allow for the
marketing in the Community of products that do not

WRITTEN QUESTION No 645 / 93 comply with the trading standards laid down or with the

by Mr Jose Vazquez Fouz ( S ) biological sizes specified in respect of the species

concerned .

WRITTEN QUESTION No 645 / 93

by Mr Jose Vazquez Fouz ( S )

to the Commission of the European Communities

(5 April 1993 )

( 93 / C 288 / 50 ) Since the onset in February 1993 of the fishery crisis on the
Community market, the Commission has reminded the
Member States of their obligation to check that products
coming from third countries comply with the
Subject : The single market and fisheries aforementioned standards .

The smooth operation of the single market requires
maximum transparency and monitoring of situations which
are anomalous or distort competition . This applies
particularly to imports from third countries .

maximum transparency and monitoring of situations which Lastly, it should be noted that fishery products coming from

Morocco are, as far as marketing standards are concerned,

are anomalous or distort competition . This applies

subject to the same rules as products imported from other

particularly to imports from third countries .

third countries and that such standards are applicable
irrespective of the rules on the first stage of marketing of the
The fisheries sector is susceptible to such distortions, products .
especially as a result of fish imports which are not subject to
a specific quota, a situation which creates serious problems . (M OJ No L 20, 28 . 1 . 1976 .
This is true, for example, of fish imported from ( 2 ) OJ No L 5, 7 . 1 . 1989 .
Morocco .

(M OJ No L 20, 28 . 1 . 1976 .

( 2 ) OJ No L 5, 7 . 1 . 1989 .
( 3 ) OJ No L 388, 31 . 12 . 1992 .

What methods is the Commission using to prevent this
problem ?

Should such fish not be subject to the same conditions, at the
first marketing stage, as Community-produced fish ?

Should it not, at the first stage, be sold at fish-market ?

WRITTEN QUESTION No 648 / 93

by Mr José Vazquez Fouz ( S )

to the Commission of the European Communities

(5 April 1993 )

Joint answer to Written Questions ( 93 / C 288 / 51 )

Nos 644 / 93 and 645 / 93

given by Mr Paleokrassas
on behalf of the Commission

( 19 May 1993 )

Council Regulation ( EEC ) No 103 / 76 of 19 January
1976 (*), as last amended by Regulation ( EEC ) No 33 / 89 of
5 January 1989 ( 2 ), lays down, for 33 species of fresh or
chilled fish, common marketing standards which
Community products and products imported from third
countries must comply with . This Regulation will shortly be

Subject : Fisheries inspections

Monitoring and inspection are a key aspect of fishery
resources management, the basis of the ' Blue Europe ', a
reform of which was recently adopted by Parliament . There
is a need for certain information, to which Parliament does
not at present have access concerning the manner in which
Community inspections are carried out in some Member
States . Could the Commission therefore answer the

following questions ?

No C 288 / 26 Official Journal of the European Communities 25 . 10 . 93

How many inspections were carried out between 1984 and

1992 in France, Belgium and Holland ?

Which ports were visited ?

Why were others, which were equally important,
excluded ?

What is the Commission 's assessment of this work ?

What are the most frequent and the most serious
infringements ?

What measures have been taken to correct them and what

have been the results ?

Do the ' grey ' or ' black ' markets in fisheries still exist ?

Answer given by Mr Paleokrassas

on behalf of the Commission

( 19 May 1993 )

Under the terms prescribed by Article 12.4 ( a ) of Council
Regulation ( EEC ) No 2241 / 87 ( ] ) in the period 1984 to

1992, Community fisheries inspectors made over 500
inspection visits in the Member States of which 79 were to
France, 41 to Belgium and 65 to the Netherlands .

In the course of these inspections 42 French, 14 Dutch and
three Belgian ports were regularly visited embracing all
significant fishing ports and many less important ones in
each of these Member States .

The Commission attaches great importance to the results of
the work of its fisheries inspectors in checking monitoring
by national authorities of the application of Community
rules in the fisheries sector .

Inspection reports together with information supplied by
the Member States form the basis of periodic reports from
the Commission to the Council and the European
Parliament on Member States performance in supervising
fisheries activity and in enforcing the legislation on control
and technical conservation measures . The Commission 's

fisheries inspector 's observations are moreover of value in
identifying legislative gaps or weaknesses and assist the
Commission in the drawing up of new proposals to the
Council aimed at strengthening Community conservation
and control arrangements .

It is the prime responsibility of each Member State to
monitor fishing activities by all fishing vessels in its area of
jurisdiction . Commission fisheries inspectors are limited to
carrying out checks at sea and in fishing ports, on
monitoring by national authorities of the application of the
Common policy on conservation .

Each year the Commission receives information pursuant to
Regulation ( EEC ) No 3561 / 85 ( 2 ) on inspections carried out
by Member States and on the different types of offences
detected . The Commission 's 1992 report on Monitoring
Implementation of the Common Fisheries Policy ( 3 )
contains at Annex III, statistics based on the information
received from the Member States which includes the number

and classification of infringements for the year 1990 .

If the findings of Commission inspectors show
shortcomings in the application of Community rules, the
Commission requests administrative inquiries in which
Commission officials may participate, and ultimately may
institute precedings under the procedure provided for in
Article 1 69 of the EEC Treaty . The Commission is conscious
however that until now, and in spite of its best efforts, the
application and respect of Community rules still suffers
from important defects in several areas . This is why the
Commission has laid before the Council a proposal which
inter alia would give its inspectors the right to conduct
unannounced spot checks in Community harbours . The
Commission is also aware of the existence of so called ' grey '
or ' black markets ' in certain Member States .

Notwithstanding the fact that by definition such illegal
activity is impossible to quantify, the Commission remains
confident that the comprehensive measures contained in its
proposal for a revised Control Regulation ( 4 ) currently
before the Council, will, if adopted and properly applied,
result in a dramatic improvement in compliance with
Community legislation in this and other areas where
shortcomings such as those described in the 1992 report on
Control currently exist .

( J ) OJ No L 207, 29 . 7 . 1987 .

( 2 ) OJ No L 339, 18 . 12 . 1985 .

1 3 ) SEQ92 ) 394 final, 6 . 3 . 1992 .

( 4 ) COM(92 ) 392 final, 30 . 9 . 1992 .

WRITTEN QUESTION No 654 / 93

by Mrs Mary Banotti ( PPE )

to the Commission of the European Communities

(5 April 1993 )

( 93 / C 288 / 52

Subject : CITES Convention

Could the Commission inform me whether they have had
any contact with the Irish authorities in order to persuade
them to become a contracting party to the CITES
Convention ? Does the Commission not believe that it would

be better if all Member States were a party to this convention
in order to better define Community environment policy ?

25 . 10 . 93 Official journal of the European Communities No C 288 / 27

Answer given by Mr Paleokrassas fruitfully put to the Presidency . However, the Commission

on behalf of the Commission might provide the following clarifications . The resolution

( 19 May 1993 ) merely stipulates that an accelerated procedure, which is

nonetheless still on a case-by-case basis, may be used in the
case of applications for asylum which are obviously

The Commission shares the view of the Honourable unsubstantiated or deliberately false . The case-by-case
Member that all Member States should be a Party to the consideration of applications is an essential guarantee
Convention on International Trade in Endangered Species to ensure that special circumstances are taken into
of Wild Fauna and Flora . It has urged Ireland and Greece consideration, such as application by non-accompanied
to join ever since the adoption of Council Regulation children who, because of their age, are not in a position to

( EEC ) No 3626 / 82 on the implementation of the put forward their arguments with the same persuasive force
Convention ( 1 ). as an adult . Moreover, these criteria are not in themselves

sufficient to exclude the real risk of persecution . And a
person whose asylum application has been turned down

Greece became a Party in January of this year and, in the does not necessarily have to be deported, if there are good
Committee on the Convention, Ireland indicated that reasons, such as humanitarian ones, for not doing so . It is
accession procedures were recently initiated . the responsibility of Member States to take the special

circumstances of non-accompanied children into account by
(!) OJ No L 384, 31 . 12 . 1982 . adapting their national legislation in line with this
resolution .

Answer given by Mr Paleokrassas

on behalf of the Commission

( 19 May 1993 )

The Commission shares the view of the Honourable

Member that all Member States should be a Party to the
Convention on International Trade in Endangered Species
of Wild Fauna and Flora . It has urged Ireland and Greece
to join ever since the adoption of Council Regulation

( EEC ) No 3626 / 82 on the implementation of the
Convention ( 1 ).

Greece became a Party in January of this year and, in the
Committee on the Convention, Ireland indicated that
accession procedures were recently initiated .

WRITTEN QUESTION No 672 / 93

by Mr Gerd Miiller ( PPE )
to the Commission of the European Communities

(6 April 1993 )

( 93 / C 288 / 53

Subject : Unaccompanied refugee children

Is the Commission aware of the decision reached on

30 November and 1 December 1992 in London by the
Minister responsible for immigration, which changes the
legal status of unaccompanied refugee children ?

This applies in particular to establishing criteria for

' countries without serious risk of persecution ', ' safe third
countries ' and ' obviously unjustifiable applications for
asylum '. In the case of unaccompanied refugee children,
these facts are often difficult to establish or investigate and,
for this reason, children may be threatened with expulsion
to a third country or to their country of origin .

What treatment does the Commission intend to give to
unaccompanied refugee children in the future ?

Answer given by Mr Flynn
on behalf of the Commission

( 21 June 1993 )

The resolution of 30 November 1992 on obviously
unjustifiable applications for asylum, referred to by the
Honourable Member, was adopted by the Ministers
responsible for immigration acting outside the Community
framework . Therefore, this question could be more

The definition of non-member countries where there is no

serious risk of persecution ( democratic institutions, respect
for human rights, etc .) does not pose a particular problem
for non-accompanied children, since this evaluation is not
up for discussion with the asylum applicant, but rather an
acknowledgement of the facts by the authorities responsible
for granting the right of asylum . In any case, here too
deportation to the first host country need not be applied on
humanitarian grounds .

WRITTEN QUESTION No 673 / 93

by Mr Sérgio Ribeiro ( CG )
to the Commission of the European Communities

(6 April 1993 )

( 93 / C 288 / 54 )

Subject : Policy followed by the Portuguese Government

aggravating the situation concerning wages, which
are the lowest in the Community

The differences between hourly remuneration calculated on
the basis of wages and salaries in the Member States is
widening, as is shown by reports and opinions drawn up in
Parliament and the Commission report on equal pay of
December 1991 .

Hourly remuneration is lowest in Portugal . In 1980, in
terms of purchasing power it was 35 % of those in Denmark ;
it fell to 32% in 1990, or about one-seventh in ECU

terms .

Analysis of the development of real unit wage costs does not
justify giving priority to wage restraint in Portugal .

No C 288 / 28 Official Journal of the European Communities 25 . 10 . 93

Bearing in mind the need to respect the principle of
subsidiarity, how does the Commission assess the
statements by the Portuguese Minister of Finance
concerning Community incentives for companies which
adhere to government guidelines in respect of wage
increases ?

Does this not constitute improper intervention by the
Government in the economy, infringing Community rules
on minimum market regulation ?

Does this not promote wider divergence and lack of
economic and social cohesion, thereby running counter to
Community interests ?

Answer given by Mr Christophersen

on behalf of the Commission

( 15 July 1993 )

The available indicators concerning wages suggest that,
contrary to what is suggested in the Question, the gap
between Portuguese real wages and those elsewhere in the
Community has narrowed in recent years . These indicators
are wider than the statistics on hourly remuneration which
cover only manufacturing industry . In fact, wages in
Portugal have been increasing markedly in real terms since

1989 and at a much faster pace than the average elsewhere in
the Community : according to calculations made by the
Commission, real compensation of employees per head in
Portugal rose by 5,4% in 1990, 6,4 % in 1991 and around
5,0 % in 1992 ; whereas for the Community as a whole, the
figures were 2,8%, 1,8% and 1,3% .

Inflation in Portugal still remains well above the
Community average in spite of the significant recent
progress achieved . The elimination of the inflation
differential vis-a-vis the best performing Member States is
the main objective of the Portuguese convergence
programme . In this context, and given the
non-accommodating stance of exchange-rate policy, real
and nominal wage moderation is essential in order to reduce
inflation and simultaneously preserve employment and
competitiveness . This view was explicitly considered by the
Ecofin Council when it endorsed the Portuguese
Convergence Programme in December 1991 . Low inflation
would also put the process of real convergence on a sound
basis, allowing it to be both faster and smoother than
otherwise . Consequently, wage moderation would assist
real convergence of the Portuguese economy in the medium
and long term .

The Commission is not aware of any official policy in
Portugal linking Community financial support to any wage
norm fixed by the Government . It should be recalled that
existing national systems of aid to enterprises, as well as

changes to be introduced in Portugal and elsewhere in the
Community, were or must be approved by the
Community .

WRITTEN QUESTION No 685 / 93

by Mr Virginio Bettini ( V )

to the Commission of the European Communities

(6 April 1993 )

93 / C 288 / 55

Subject : Destruction of posidonia ( sea-grass )

Coastal pollution and the use of trawl nets are destroying
posidonia ( sea-grass ) which grows on the sandy
Mediterranean sea bed and is a fundamental component of
the marine ecosystem, protecting the coast from erosion by
reducing wave motion and providing food and shelter for
350 species of fish .

What steps will the Commission take to protect this plant
whose disappearance would also mean a reduction in fish
stocks ?

Answer given by Mr Paleokrassas

on behalf of the Commission

( 19 July 1993 )

/

As the Honourable Member may be aware, posidonia beds
are listed in Annex I to Directive 92 / 43 / EEC of 21 May

1992 ( ! ) on the conservation of natural habitats and of wild
fauna and flora as a priority natural habitat type, i.e. one of
Community interest which is considered, in accordance
with Article 1 ( d ) of the Directive, to be in danger of
disappearance, and for the conservation of which the
Community has particular responsibility in view of the
proportion of its natural range which falls within the
European territory of the Member States to which the
Treaty applies .

As a result, projects aimed at maintaining or restoring the
conservation status of posidonia beds are eligible for
priority treatment in the allocation of funds for nature
protection under the LIFE instrument .

On 11 December 1992 the Commission forwarded to the
Council a proposal for a Council Regulation harmonizing
various technical measures in Mediterranean fisheries ( 2 ),
designed to introduce a fishery resources policy for the
Mediterranean . This proposal, which concerns fisheries
measures relating specifically to the Mediterranean,

25 . 10 . 93 Official Journal of the European Communities No C 288 / 29

provides for the preservation of marine beds of
phanerogams by prohibiting fishing activity, and in
particular trawling, on these beds .

f 1 ) OJ No L 206, 22 . 7 . 1992 .
( 2 ) COMÍ92 ) 533 final .

WRITTEN QUESTION No 689 / 93

by Mr Ernest Glinne ( S )

to the Commission of the European Communities

(7 April 1993 )

( 93 / C 288 / 56 )

Subject : Eradiction of rabies

Rabies has been eradicated from almost all of Belgium ( with
the exception of the Semois valley, where the process
remains to be completed ), thanks to an original method, the
vaccination of foxes using bait dropped from aircraft .

However, since it is possible for rabies to enter from
neighbouring countries, what is the situation in those
countries and in the rest of the Community ?

Answer given by Mr Steichen

on behalf of the Commission

( 28 June 1993 )

The Community 's rabies eradication programme is
currently being applied to all infected areas of the
Community . The results to date have been remarkable in so
far as there has been dramatic drop in the number of the
reported cases, not just in Belgium but in all other infected
areas as well . If current trends continue, it can be confidently
expected that rabies will be eradicated from the Community
in the not too distant future .

WRITTEN QUESTION No 695 / 93

by Mr Jaak Vandemeulebroucke ( ARC )
to the Commission of the European Communities

(7 April 1993 )

( 93 / C 288 / 57 )

Subject : Evaluation of meat quality directives

On 29 October 1992 the Commission stated during an
urgent debate in the European Parliament that it would

publish its evaluation report on the implementation of the
directives on the use of growth promoters in meat
production in early 1993 . The Commission announced
action in two areas : additions to the list of prohibited
products and a tightening up of monitoring legislation . As
long ago as 1989 the EP approved the findings of its own
committee of inquiry into the quality of meat in Europe .

Can the Commission indicate :

1 . What is the substance of this evaluation report ?

2 . What practical recommendations does the evaluation
report make ?

3 . To what extent does it take into account the

recommendations made by the EP 's committee of
inquiry ?

4 . Was there any kind of consultation between the
Commission and the pharmaceutical industry during
the drafting of the evaluation report ?

5 . Does the Commission propose to take action in respect
of the pharmaceutical industry to regulate more strictly
the production and trade in growth promoters in stock
breeding ?

6 . Is there any degree of consultation between the
Commission and the governments of the Member
States, particularly the justice ministers, on the
application of equal penalties, as severe as possible, for
offenses involving the illegal use of growth promoters,
for example, very heavy fines and substantial terms of
imprisonment ?

7 . How are the monitoring and implementation of the
directives in question organized ?

8 . What action, if any, does the Commission propose to

take to coordinate as effectively as possible international
cooperation between the relevant national authorities
charged with monitoring and implementing the
directives ?

Answer given by Mr Steichen

on behalf of the Commission

(6 July 1993 )

The Commission would refer the Honourable Member to

the statement given to the Parliament on these questions by
Commissioner Steichen in the Plenary Session in Strasbourg
on 11 February 1993 . On that occasion the matter was
debated and on the same day the resolution B3-0285 / 93 was
adopted .

The Commission has now fulfilled this promise and on
21 April 1993 presented a communication to the Council
and to the European Parliament on control of residues in
meat . This communication explains the present situation
and results of Commission enquiries in the Member States,
the follow-up made to these enquiries and aspects of control

No C 288 / 30 Official Journal of the European Communities 25 . 10 . 93

in which the Commission envisages to reinforce the present

system .

WRITTEN QUESTION No 706 / 93

by Mr George Patterson ( PPE )

to the Commission of the European Communities

(7 April 1993 )

( 93 / C 288 / 58 )

Subject : Customs

At Brussels Zaventem airport there is a blue exit channel,
decorated with a large European flag . On 23 February 1993,
having arrived from London, I and another Member of
Parliament were prevented from exiting through this
channel by a customs officer, who demanded first to see our
tickets .

Had the customs officer the legal right to do this ? If not, will
the Commission take action to ensure that the Belgian
authorities end the practice ?

If so, what measures does the Commission suggest to make
travellers within the Community aware that they may be
required to show their tickets to customs officers on arrival
at airports ? And what proposals will the Commission make
to ensure that such an absurd procedure is ended ?

Answer given by Mrs Scrivener

on behalf of the Commission

(2 June 1993 )

In the framework of the completion of the internal market,
the Council adopted on 19 December 1991 Regulation
( EEC ) No 3925 / 91 which abolished controls and formalities
on baggage of persons taking an intra-Community flight i 1 ).
This Regulation was supplemented by Commission
Regulation ( EEC ) No 1823 / 92 ( 2 ).

This legislation provides that measures should be taken by
the Member States to ensure that goods cannot be
transferred before checks have been carried out on cabin

baggage and / or hold baggage subject to control .

In some cases the airport authorities have not been able to
bring their infrastructure up to the standard required by the
new provisions by 1 January 1993 .

In this context and in the absence of a physical separation
between intra and extra - Community travellers, some of
these airports have adopted a system which incorporates a

' blue ' channel alongside the already existing red and green
channels .

This blue channel is designed to be used by people leaving
the airport after an intra-Community flight . They should
not be the subject of customs controls .

Occasional spot checks have been carried out to avoid use of
the blue channel by persons who are not entitled to do

so .

The Commission does not approve of such procedures and
considers that the provisions laid down in the
abovementioned regulations do not allow such controls .

The Commission will take the necessary contacts with the
Belgian authorities in order to clarify that situation .

(!) OJ No L 374, 31 . 12 . 1991 .

( 2 ) OJ No L 185, 4 . 7 . 1992 .

WRITTEN QUESTION No 711 / 93

by Mrs Nicole Fontaine ( PPE )

to the Commission of the European Communities

(7 April 1993 )

( 93 / C 288 / 59 )

Subject : Alcoholic beverages exempted of excise duty

Article 5 of Council Directive 92 / 84 / EEC ( 1 ) of 19 October

1992 states that, as from 1 January 1993, the minimum rate
of excise duty on wine shall be fixed at ECU 0 for still and
sparkling wine per hectolitre of product .

This provision is evidently explained by the fact that it
already applies in five of the 12 Member States : Germany,
Spain, Greece, Italy and Portugal .

Can the Commission specify what volume of national wine
and wine imported from other Member States will thus be
exempt from any payment of excise duty in these five
Member States ?

Article 10 of Council Directive 92 / 83 / EEC ( 2 ) of 19 October

1992 enables the Member States to exempt from excise duty
wine produced by a private individual for private
consumption where no sale is involved .

Can the Commission also indicate the volume of wine

exempted from excise duties in the Community in this
way ?

(!) OJ No L 316, 31 . 10 . 1992, p . 29 .
( 2 ) OJ No L 316, 31 . 10 . 1992, p . 21 .

25 . 10 . 93 Official Journal of the European Communities No C 288 / 31

Answer given by Mrs Scrivener

on behalf of the Commission

( 13 July 1993 )

The Commission does not possess the precise statistics
sought by the Honourable Member but, extrapolating from
the figures which it does possess, it would seem that the
volume of wine commercially distributed in the five Member
States which apply a zero rate is in the region of 100 million
hectolitres p. a .

Given the terms of the question, it should be added that, on
the one hand, Germany in fact taxes sparkling wine and
that, on the other hand, Luxembourg should be regarded as
applying a zero rate to both still and sparkling wine .

As regards non-commercial wine production and
consumption, no reliable statistics exist .

WRITTEN QUESTION No 716 / 93
by Pietro Mitolo, Cristiana Muscardini, Antonio Mazzone

and Giuseppe Rauti ( NI )

to the Commission of the European Communities

(7 April 1993 )

( 93 / C 288 / 60 )

Subject : Taxes on blank audio and video cassettes and

recording equipment

The Commission has decided to introduce a tax on blank

audio and video cassettes and recording equipment under
the directive on copyright, which will result in an average
price increase of about 30% . Such increases are totally
unjustified in the case of certain people, for example blind
persons who use such equipment for learning and cultural

purposes .

Moreover such increases are not justified by the limited
amount of domestic recording and copying and the resulting
revenue would go to large companies producing the works
rather than to the authors themselves .

In view of this, will the Commission grant exemptions to
institutions for the blind, individuals with impaired eyesight
and producers of talking books and periodicals, together
with teachers and educational establishments for the

blind ?

private copying of copyright audio and audiovisual
material . No decision has yet been taken .

The Commission has received much information from

interested parties on different aspects of regulation in this
area, including the issues raised by the Honourable
Members . These will, of course, be taken into account in the
continuing examination of the subject .

WRITTEN QUESTION No 717 / 93

by Mr Elmar Brok ( PPE )

to the Commission of the European Communities

( 14 April 1993 )

93 / C 288 / 61 )

Subject : Proposal for a Council directive on the
approximation of legal and administrative
provisions of the Member States concerning the
flammability of upholstered furniture

DG III is currently drawing up a directive which requires all
Member States to produce non-flammable domestic
upholstered furniture and mattresses meeting standards
similar to those applying in the United Kingdom .

1 . Does the Commission consider that such legislation is
reasonable if it leads to incalculable risks to health and

the environment for the sake of protecting a few
people ?

2 . Would it not be more sensible to make available to those

at risk in one sector of the market upholstered furniture
and mattresses tested to comply with uniform
Community standards and labelled as such ?

Answer given by Mr Bangemann

on behalf of the Commission

(8 July 1993 )

Under the Council Directive of 28 March 1983 on a

procedure for the provisions of information on technical
standards and regulations ( 83 / 189 / EEC (*)), the United
Kingdom and Ireland notified the Commission, in 1988 and

1989 respectively, of the national technical rules concerning
the safety, in fires, of upholstered furniture and of
mattresses on private premises .

Since the introduction of those technical rules has raised

Answer given by Mr Vanni d'Archirafi barriers to trade the Commission has drawn a preliminary

on behalf of the Commission draft Directive on the approximation of the laws,

( 27 July 1993 ) regulations and administrative provisions of the Member

States concerning the behaviour, in fires of upholstered
furniture, objects treated on the same basis and constituent
The Commission is still examining the appropriateness of products, the purposes of which would be to remove
Community harmonization of national laws concerning barriers to trade and provide consumer safety .

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 27 July 1993 )

No C 288 / 32 Official Journal of the European Communities 25 . 10 . 93

However, the Commission has not adopted a final attitude
towards this preliminary draft Directive in order to clear up
various questions, and it is for this reason that it did not
draw attention to a preliminary draft of this type in its
legislative programme for 1993 . Since it has been claimed
that fire retardants are a hazard to both health and the

environment a consultant ( 2 ) has now conducted a study in
this area . The conclusions of this rule out any such
' incalculable effects on health and the environment '. That

study has been sent direct to the Honourable Member and to
the General-Secretariat of the European Parliament .

Finally, it is not precisely the case that it is solely a matter of
' the protection of a few people '. According to the available
statistics ( 3 ) nine persons lose their lives each year in
building fires ( three quarters of which are private dwellings ).
Moreover, it is proven that fire involving upholstered
furniture are frequently more dangerous than others .

H OJ No L 109, 26 . 4 . 1983 .
( 2 ) Document on Toxicity and Ecotoxicity of flame retardants used

in the industry of upholstered furniture and related articles —
December 1992 .

( 3 ) Fire Safety in buildings and transport - 1 991 - European Group of

official Laboratories for Fire-confederation of Fire Protection

Associations, Europe .

WRITTEN QUESTION No 729 / 93

by Mr Jose Valverde Lopez ( PPE )

to the Commission of the European Communities

( 14 April 1993 )

( 93 / C 288 / 62

Subject : Failure to implement the directive on the labelling

of tobacco products

What is the situation in the various Member States as

regards the implementation of Directive 92 / 41 / EEC ( J )?

(!) OJ No L 158, 11 . 6 . 1992, p. 30 .

Answer given by Mr Flynn
on behalf of the Commission

( 20 July 1993 )

Two Member States ( Denmark and Greece ) have
communicated to the Commission details of the national

measures taken to implement the Directive . The
Commission has initiated infringement procedures against
the other ten Member States for failure to communicate

details of the national implementing measures .

WRITTEN QUESTION No 737 / 93

by Mrs Christine Oddy ( S )

to the Commission of the European Communities

( 14                  - April 1993 )

( 93 / C 288 / 63 )

Subject : EC sugar regime

What plans does the European Commission have to reform
the sugar regime ?

What will be the timetable for the proposed plans ?

Will the Commission be moving towards an abolition of
quotas and market price for sugar ?

Answer given by Mr Steichen

on behalf of the Commission

( 18 May 1993 )

The system of production quotas, linke to guaranteed
producer prices, to which the Honourable Member refers
has formed the basis of the Community 's common market
organization for the sugar sector since its introduction in

1967 . The many reviews which have taken place since then,
involving thorough examination at all levels, all lead to the
retention of the quota system as the most appropriate
instrument for ensuring the sound management of the sector
and attaining the Treaty 's agricultural objectives as a
whole .

The existing system is laid down in the basic Regulation

( EEC ) No 1785 / 81 0 ) and is foreseen for application until
the end of the 1992 / 93 marketing year . A Commission
proposal is currently before the Parliament and the Council
for a further extension until 30 June 1994 ( 2 ).

The Commission intends to present towards the middle of

1993 its proposals on the sugar regime to apply in the
Community after 30 June 1994 and confirms that these will
take into account the implications for the sector resulting
from the reform recently agreed for other arable crops, as
well as the Community 's international commitments
especially in relation to the ACP countries .

Among the wealth of contributions received in this respect,
the Commission has taken particular note of the views of
the Parliament expressed in resolution A3-03 87 / 92 of
22 January 1993 .

As the Commission has not yet completed its examination, it
would be unwise to speculate on the likely content of the
proposals at this stage but the opinion of the European
Parliament will be requested in the normal manner .

í 1 ) OJ No L 177, 1 . 7 . 1981 .

( 2 ) COM(92 ) 573 final .

25 . 10 . 93 Official Journal of the European Communities No C 288 / 33

WRITTEN QUESTION No 742 / 93 i

by Mrs Concepcio Ferrer ( PPE )
to the Commission of the European Communities

( 14 April 1993 )

information for determining whether they are covered by
one of the Directives listed in Annex A to Directive

89 / 662 / EEC ( meat products, meat preparations, milk-based
products etc .).

( 93 / C 288 / 64 0 ) OJ No L 373, 31 . 12 . 1990 .
( 2 ) OJ No L 62, 15 . 3 . 1993 .

Subject : Manufactured products containing ingredients of

animal origin

Community legislation on the organization of veterinary
checks on products from third countries entering the
Community does not specify whether manufactured
products containing ingredients of animal origin, for
example biscuits, ice cream, pizzas, etc ., should be
considered as being of animal origin .

WRITTEN QUESTION No 756 / 93

by Mr John Bird ( S )
to the Commission of the European Communities

( 15 April 1993 )

How should such products from third countries be ( 93 / C 288 / 65 )
considered for the purposes of health checks ?

Subject : Criminal injuries compensation

Answer given by Mr Steichen

on behalf of the Commission

( 24 June 1993 )

Article 2 ( 2 ) ( a ) of 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 (*) states, without
prejudice to Article 19 thereof on safeguard provisions, that
' products ' means ' the animal products or products of
animal origin referred to in Directives 89 / 662 / EEC and
90 / 425 / EEC or, in the circumstances described in
Article 1 8 :

A constituent of mine was recently assaulted and robbed
while on holiday in Italy . The injuries he sustained have
resulted in a loss of income as he has been unable to resume
full-time employment .

Had this incident occurred in the United Kingdom, my
constituent would have been able to make a claim to the
Criminal Injuries Compensation Board . But, because Italy
has no such agency, my constituent has no recourse to
compensation .

Will the Commission inform me what, if any, steps it has

origin referred to in Directives 89 / 662 / EEC and taken to ensure that some form of reciprocity is introduced
425 / EEC or, in the circumstances described in where criminal injury compensation arrangements are
1 8 : concerned ? Will the Commission also confirm that it shares

my views that such arrangements are both practically, and
fresh fish landed immediately from fishing vessels, symbolically, important for the encouragement of the full
freedom of citizens around the European Community ?

certain plant products,

by-products of animal origin not covered by Annex II to
the Treaty '. Answer given by Mr Flynn
on behalf of the Commission

Reference should therefore be made principally to Directives ( 13 July 1993 )

89 / 662 / EEC and 90 / 425 / EEC as amended and, in
particular, to the consolidated versions of their Annexes ( 2 ).
All the animal products covered by the Directives mentioned
in these Annexes are therefore subject to veterinary checks .
Furthermore, under Annex B to Directive 89 / 662 / EEC, the
Commission may add other products of animal origin
through the ' Standing Veterinary Committee procedure '.

Put simply, the principle applies that all products of animal
origin fall within the scope of checking requirements . For
products such as those referred to by the Honourable
Member it is necessary, however, to have all relevant

As it has already indicated on a number of occasions, the
Commission shares the view Parliament expressed in its
resolution of September 1989 in which it called for a
satisfactory solution to the problem of compensation for
victims of criminal violence perpetrated in a Member State
other than their own .

The Commission did not feel that there was an adequate
legal basis for it to propose legislation, but following the
Court of Justice judgment of 2 February 1989 in the Cowan

                                                                                                                                                               - V

No C 288 / 34 Official Journal of the European Communities 25 . 10 . 93

case, it brought infringement proceedings against those
Member States whose legislation on this matter
discriminated against the nationals of other Member States .
These proceedings have now been terminated since the
Member States concerned are either in the process of
making, or have already made, appropriate amendments to
their legislation .

Nevertheless, even where national legislation is
non-discriminatory, its scope can vary from country to
country . Italy and Spain, for example, only provide
compensation for the vict ims of terrorist acts . Considerable
progress in this matter could, therefore, be achieved if all the
Member States ratified the Council of Europe Convention
on the Compensation of Victims of Violent Crime of
24 November 1983 .

WRITTEN QUESTION No 770 / 93

by Mrs Astrid Lulling ( PPE )

to the Commission of the European Communities

Does not the Commission consider that the time has come to

end once and for all these totally unreasonable requirements
by the Belgian State which are incompatible with the single
market ?

What steps will the Commission take to ensure that the
Belgian State ends these practices, which are in flagrant
violation of Article 59 of the Treaty ?

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 16 July 1993 )

The Commission agrees with the analysis contained in the
second paragraph of the question and, accordingly, is taking
the necessary steps . The Honourable Member was informed
of this by letter dated 9 February 1993 and will be kept
informed of developments .

( IS April 1993 ) WRITTEN QUESTION No 772 / 93

( 93 / C 288 / 66 ) by Mr Yves Verwaerde ( LDR )

to the Commission of the European Communities

( IS April 1993 )

Subject : Discrimination against Luxembourgish companies ( 93 / C 288 / 67

operating in Belgium

According to Community case law, a Member State cannot
require the workers of companies from another Member
State providing services on its territory to pay the employers '
share of social security contributions for their employees,
since such employers are already required to pay
contributions under the legislation of their Member State of
establishment and if the contributions paid in a Member
State where the work is being carried out do not provide any
social security advantage for workers . To impose such a
requirement constitutes an infringement of Article 59 of the
EEC Treaty .

In view of this, the Belgian State may not require the
payment of social security contributions from
Luxembourgish companies operating on its territory and
employing workers insured in the Grand Duchy in the form
of ' attendance ' or ' bad-weather ' stamps .

However, the Belgian State continues to require these
payments from Luxembourgish undertakings .

The Belgian Finance Ministry, which is responsible for
registering companies, even regards the non-payment of
contributions by Luxembourgish undertakings as a serious
infringement and grounds for rejecting its application for
renewal of its registration .

Subject : Transposition into Member States ' legislation

of the Directive of 21 December 1989 on

the coordination of laws, regulations and
administrative provisions relating to the award of
public contracts

Can the Commission say whether with a view to possible
harmonization of Member States ' legislation concerning the
nationality of companies it intends to establish criteria
applicable in all Member States in order to end the
numerous legal discrepancies arising ?

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 19 July 1993 )

The Commission does not intend to propose any
harmonization of Member States ' legislation relating to the
nationality of companies or firms . It takes the view that
Article 58 of the EEC Treaty contains a definition of the
companies and firms that may benefit from the freedom of
establishment and the freedom to provide services .

25 . 10 . 93 Official Journal of the European Communities No C 288 / 35

WRITTEN QUESTION No 773 / 93 Answer given by Mr Van Miert
by Mr Yves Verwaerde ( LDR ) on behalf of the Commission

to the Commission of the European Communities ( 10 June 1993 )

( IS April 1993 )

( 93 / C 288 / 68 )

Subject : Transposition into Member States ' legislation

of the Directive of 21 December 1989 on

the coordination of laws, regulations and
administrative provisions relating to the award of
public contracts

What progress has been made by the Member States in
transposing into their national legislation Council Directive

89 / 665 / EEC ( x ) of 21 December 1989 on the coordination
of the laws, regulations and administrative provisions
relating to the application of review procedures to the award
of public supply and public works contracts ?

(!) OJ No L 395, 30 . 12 . 1989, p. 33 .

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 19 July 1993 )

Directive 89 / 655 / EEC of 21 December 1989 on the

coordination of the laws, regulations and administrative
provisions relating to the application of review procedures
to the award of public supply and public works contracts
entered into force on that date, and nine Member States
have so far notified the Commission of their national

implementing measures . Letters of formal notice have been
sent to Germany, Greece and Luxembourg for failure to
comply with this notification requirement .

WRITTEN QUESTION No 775 / 93

by Mr Yves Verwaerde ( LDR )
to the Commission of the European Communities

( IS April 1993 )

( 93 / C 288 / 69

Subject : Staffing of Commission specialized services as at

31 December 1992

Can the Commission give the exact number of C Community
officials and other staff employed in its ten specialized
services as at 31 December 1992 ?

On 31 December 1992, there were 3 521 officials and
temporary staff employed in the Commission 's specialized
services ( Secretariat-General, Spokesman 's Service, Legal
Service, Statistical Office, Security Office, Joint Interpreting
and Conference Service, Consumer Policy Service, Task
Force for Human Resources, Translation Service and
Inspectorate-General ). This total breaks down as follows :

Category A 495
Category LA 1 555
Category B 372
Category C 1 040
Category D 59

WRITTEN QUESTION No 780 / 93

by Mr Gary Titley ( S )
to the Commission of the European Communities

( 19 April 1993 )

( 93 / C 288 / 70 )

Subject : VAT exemption for bodies ' acting as public
authorities ' as defined in the Sixth Council

Directive on VAT

Is the Commission aware of the current practice in the
United Kingdom of various local authority purchasing
consortia selling goods for non-business, i.e. educational,
use to other local authority establishments and schools
without charging VAT ?

Does the Commission agree that private operators in the
same market are therefore being unfairly undercut ?

Does not the Commission believe that this is a distortion of

competition as defined in Article 4 ( 5 ) of the Sixth Council
Directive on VAT ?

Is the Commission aware that a recent European Court of
Justice decision (' Commune di Carpeneto ') questioned the

legality of VAT exemption ?

Is the Commission also aware that, according to legal
opinion obtained by HM Customs and Excise, the

No C 288 / 36 Official Journal of the European Communities 25 . 10 . 93

' Commune di Carpeneto ' case decision means that the
Consortia are, in fact, not acting as ' public authorities ' as
defined in Article 4 ( 5 ) of the Sixth VAT Directive and are
therefore liable for VAT ?

1 . What efforts are being made by the Commission to

tighten up the definition of ' public authorities ' as laid
down in the Directive ?

2 . What action will the Commission take to ensure that a

level playing field is maintained in the interest of
providing a truly competitive market for the supply of
educational goods ?

3 . Will the Commission provide clarification to the

Parliament of the full implications of the ' Commune di
Carpeneto ' case ?

Answer given by Mrs Scrivener

on behalf of the Commission

( 24 May 1993 )

The Honourable Member quotes Article 4 ( 5 ) of the Sixth
VAT Directive ( and the judgment of the Court of Justice in
Case C-4 / 89 Comune di Carpeneto Piacentino and Others
v. Ufficio provinciate imposta sul valore aggiunto di
Piacenza [ 1990 ] ECR 1-1 869 ) and concludes that, where the
State, regional and local government authorities, and other
bodies governed by public law engage in activities as public
authorities in an area where significant distortions of
competition may occur, those public authorities must be
regarded as taxable persons .

The Commission agrees with the Honourable Member .

However, even if bodies governed by public law are subject
to VAT, they may be exempted taxable persons where they
pursue activities which are exempt within the meaning of
Article 13 of the Directive .

In this connection, Article 13 ( A ) ( 1 ) ( i ) contains an
exemption in respect of education provided by bodies
governed by public law or other organizations defined by
the Member State concerned as having similar objects .

Article 13 ( A ) ( 2 ) ( b ) adds, however, that such activities
must be taxed if they are not essential to the transactions
exempted and their basic purpose is to obtain additional
income in a field where they are in direct competition with
those of private enterprises .

The Commission would point out that, in practice, a
decision as to whether or not the conditions of Article 1 3 ( A )

( 2 ) ( b ) are met falls essentially within the scope of the
national administration 's task of ensuring the correct
application of exemptions and of combating fraud, as
specified in Article 13 ( A ) ( 1 ).

WRITTEN QUESTION No 784 / 93

by Mr Peter Crampton ( S )
to the Commission of the European Communities

( 19 April 1993 )

( 93 / C 288 / 71 )

Subject : Fishing : closed areas

The Commission has said on previous occasions that it
would be prepared to introduce more closed areas if
scientific evidence warranted such an action .

Given the need to protect juvenile fish and to allow older fish
to mature and spawn, could the Commission say if it has
gathered any scientific evidence to justify the introduction of
more closed boxes ?

Answer given by Mr Paleokrassas

on behalf of the Commission

( 19 May 1993 )

The Commission is very much in favour of the introduction
of new closed areas or seasons for the protection of depleted
stocks, on the basis of sound biological evidence .

In October 1992 the Scientific and Technical Committee for

Fisheries ( STCF ) was requested to advise on closed areas
and closed seasons . A comprehensive review of the existing
regulations was carried out, but the Committee felt unable
at that stage to advise on the need for further closures . The
Committee thus requested additional time to improve its
assessment and to evaluate the need for further closures .

Once the scientific evidence becomes available on the

necessity for certain closures for the protection of
threatened or depleted stocks, the Commission will
definitely put forward the appropriate proposals to the
Council .

WRITTEN QUESTION No 786 / 93

by Mr Hugh McMahon ( S )
to the Commission of the European Communities

( 19 April 1993 )

( 93 / C 288 / 72 )

Subject : Landfill sites and environmental impact
assessment Directive

Can the Commission inform the House how many landfill
sites or proposals to construct landfill sites in the United
Kingdom have had environmental impact assessments

ft

25 . 10 . 93 Official Journal of the European Communities No C 288 / 37

carried out under the terms of the Directive 85 / 337 / EEC ( r since 1 July 1988 and what is the location of these sites ?

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

Answer given by Mr Paleokrassas

on behalf of the Commission

(8 July 1993 )

The Commission regrets that it is unable to reply to the
question as it is not the mandatory recipient of detailed
information regarding environmental impact assessments
carried out in Member States . This information may be
available from Member States ' competent authorities .

since framework law No 394 / 91, which established this
park as a protected area, was adopted after the adoption of
these programmes .

However, if any projects are available, they could be
submitted to the regional authorities for possible financing
under the MOP for Campania or under a future programme
part-financed by the Community . The Commission reminds
the Honourable Member that the Italian authorities will

have to submit their proposals for the preparation of the

1994 — 99 CSF within the coming months .

WRITTEN QUESTION No 789 / 93

by Enrico Falqui ( V ) and Luciano Vecchi ( S )
to the Commission of the European Communities

(1 9 April 1 993 )

( 93 / C 288 / 74 )
WRITTEN QUESTION No 788 / 93

by Mr Enrico Falqui ( V )
to the Commission of the European Communities

( 19 April 1993 )

( 93 / C 288 / 73 )

Subject : Use of CSF Objective 1 Structural Fund
appropriations ( 1989 — 1993 ) for Campania,
Italy

What CSF Objective 1 operational programmes have been
adopted and effectively launched for Campania, Italy for the
period 1989—1993 ?

Do these operational programmes include specific measures
for the Cilento National Park created under Law No 394 / 91

( framework law on protected areas )?

Answer given by Mr Millan
on behalf of the Commission

( 15 June 1993 )

The operational programmes approved for the Campania
region within the Objective 1 Community support
framework ( CSF ) for Italy are :

— the Integrated Mediterranean Programme ( IMP )
1988—92 and

— the multifund operational programme ( MOP )
1990—93 .

Subject : Progress made in implementing Community
programme of action for young people

On 26 June 1991 the Council of Ministers adopted a
resolution on priority measures for young people ( a ).
Priority No 2 of the programme of action referred to in this
resolution concerns information and no measures have yet
been taken to date in this area .

In view of this :

1 . why have no measures been taken to implement point II
of the above resolution ?

2 . what appropriations have been earmarked for the

programme of action for information at recently drawn
up the Commission 's Human Resources Task Force ?

3 . what Commission department will be responsible for
implementing point II of the above programme ?

4 . when, realistically, does the Commission intend to
launch the programme of action for information drawn
up by Human Resources Task Force ?

(M OJ No C 208, 9 . 8 . 1991, p. 1 .

Answer given by Mr Ruberti
on behalf of the Commission

(2 August 1993 )

Following the Council resolution to which the Honourable
Measures in respect of the Cilento national park are not Members refer, the Commission issued a communication
expressly envisaged under the abovementioned programmes ' Youth information action plan ' ( J ) in September 1992 .

No C 288 / 38 Official Journal of the European Communities 25 . 10 . 93

The Commission earmarked an appropriation of ECU
455 000 for the financial year 1993 for implementation of
this plan .

The plan is being implemented in stages and consists at the
moment of a number of pilot schemes providing for backing
from the Directorate-General for Audiovisual Media,
Information, Communication and Culture for activities
proposed by youth organizations for young people from at
least three Member States on the theme of the role and the

operation of the European Institutions .

9 1 / 44 1 / EEC ( 1 ) by ministerial decree on 2 8 December 1991,
many Italian migrants returning to Italy for good are
encountering considerable difficulties registering vehicles
acquired abroad ?

Can the Commission specify more closely the way in which
the directive should be implemented in the above cases,
bearing in mind that under previous Italian law Italian
migrants returning to Italy for good were allowed to register
their vehicles provided that they had been purchased at least
one year before their return ?

(M OJ No L 242, 30 . 8 . 1991, p. 1 .
During discussion of the reorganisation of the Commission
departments responsible for information and
communication policy, the possibility was mooted of
transferring the administration of this plan to the Task
Force for Human Resources, Education, Training and
Youth — to complement its work on Youth policy . Answer on behalf given by of Mr the Vanni Commission d'Archirafi

No decision has yet been taken . The Commission is,
however, convinced of its duty to provide information for
young people . They do, after all, make up a third of the
Community 's population today and will be the European
citizens and electors of tomorrow .

When the information policy is redefined the Commission
will therefore ensure that it is consonent with the specific
information activities which the TERH will have to

undertake in connection with the implementation of
Articles 126 and 127 of the Treaty on European Union .

(!) COM(92 ) 297 final .

WRITTEN QUESTION No 793 / 93

by Mr Ferruccio Pisoni ( PPE )

to the Commission of the European Communities

( 19 April 1993 )

( 93 / C 288 / 75 )

Subject : Registration of vehicles by migrant workers
returning to Italy for good

Is the Commission aware that, following the
implementation by the Italian Government of Directive

( 19 July 1993 )

The Commission has been notified of the fact that the Italian

authorities have refused to register certain vehicles which do
not meet the emission levels laid down in Directive

91 / 441 / EEC . Article 2 ( 3 ) of the Directive reads as follows :
' From 31 December 1992, Member States shall prohibit the
initial entry into service of vehicles the emissions from which
do not meet the requirements of the Annexes to Directive
70 / 220 / EEC, as amended by this Directive .' According to
the information in the Commission 's possession, refusals to
register vehicles have been in line with the Directive .
Moreover, if the Italian authorities had authorized the initial
entry into service of those vehicles, they would have been in
breach of Directive 91 / 441 / EEC .

However, Article 2 ( 3 ) of the Directive could not be used by
the Italian authorities in order to refuse, on grounds relating
to emissions, the registration in Italy of vehicles which have
already been in service in other Member States .

Migrant workers returning to Italy who wish to register
there a vehicle previously registered in another Member
State need not prove that the previous registration was of a
given duration . A temporary transit or customs registration
must be regarded as a previous registration . The principles
laid down in the Commission notice on procedures for the
type-approval and registration of vehicles previously
registered in another Member State ( 2 ) must be observed . If
the Honourable Member has evidence that the Italian

authorities require previous registration of one year, the
Commission will examine whether the situation complies
with Community law and, in particular, with Article 30 of
the EEC Treaty .

f 1 ) OJ No C 281, 4 . 11 . 1988 .

25 . 10 . 93 Official Journal of the European Communities No C 288 / 39

WRITTEN QUESTION No 798 / 93

by Mr Jose Vazquez Fouz ( S )
to the Commission of the European Communities

(1 9 April 1 993 )

( 93 / C 288 / 76

Subject : Market regulation in the fisheries sector

The Commission recently adopted a number of urgent
measures to regulate the Community market in the fisheries
sector as a result of the disruption caused by the cheap fish
imports from a number of countries .

However, it appears that not all the species affected were
included, for example Greenland halibut, swordfish and
cephalopods, including shortfin or flying squid .

Why did the Commission exclude them from its
proposal ?

Will the Commission take similar measures in future for

these species ?

Answer given by Mr Paleokrassas

on behalf of the Commission

(9 July 1993 )

The white fish market in the Community has been in a state
of crisis since the end of January 1993, as evidenced by the
collapse of prices in the markets of the Member States which
are the principal producers of these species .

From the data supplied to the Commission by the Member
States it appears that falling prices have particularly affected
the market in the principal white fish : cod, hake and
substitute species .

The commercial measures taken by the Commission, i.e. the
requirement that reference prices be enforced in respect of
imports from non-Community countries, have therefore
been aimed particularly at these species .

In addition, following these measures and in conformity
with the conclusions of the Council on fisheries of

1 8 March, the Commission introduced a safeguard measure
regulating direct landing in Community harbours of fishery
products caught by fishing vessels from third countries .

This safeguard measure ( Regulation ( EEC ) No 695 / 93 ) (*),
which remained in force until the end of June this year,
applies to all the products appearing in the common
organization of the market in fishery products ( COM )
which are the subject of direct landings .

This Regulation thus covers fresh and chilled products
included in Annex I of the COM ( pelagic and demersal
species and crustaceans ) and the frozen products appearing

in Annexes II ( cephalopods ), IVB and V ( products that can
be substituted for the species which are subject to the price
support system ) of the COM .

As regards the new species included in the COM since

1 January of this year ( Greenland halibut and swordfish ), all
the provisions of Regulation ( EEC ) No 695 / 93 apply, with
the exception of those relating to adherence to Community
prices, since these prices have not yet been fixed .

(M OJ No L 73, 26 . 3 . 1993 .

WRITTEN QUESTION No 831 / 93

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

( 21 April 1993 )

( 93 / C 288 / 77

Subject : Situation of the orange producers of Arta

Thousands of tonnes of oranges in the prefecture of Arta are
rotting on the trees, causing dispair among orange
producers . The Greek authorities, aware that frost has
caused severe damage to orange production, are preparing
to assess the damage on a ' per-tree ' basis and are refusing to
assess it ' per kilo ' and compensate the producers . What
measures will the Commission take on behalf of the orange
producers of Arta ? Will it request that they be given income
support and assurances that they will be included in land
reclamation programmes and that their crops will be
protected against frost ?

Answer given by Mr Steichen

on behalf of the Commission

(7 July 1993 )

The Commission would remind the Honourable Member

that the Community budget cannot replace national
agricultural insurance systems and related measures to deal
with harvest lost as a result of natural disasters unless

damage is caused to fixed assets representing investment in
production potential .

With regard to structural assistance for land improvement
and the protection of plants against frost, the Commission
would point out that, through the Community Support
Framework for Greece, the Structural Funds, and in
particular the EAGGF, Guidance Section, are giving
substantial support for irrigation works ( national
programme for agricultural structures, IMP, etc .) and that

No C 288 / 40 Official Journal of the European Communities 25 . 10 . 93

measures to protect against frost can be financed under obligatons, by lowering the cost of these procedures and
Regulation ( EEC ) No 2328 / 91 on improving the efficiency easing the constraints they impose .
of agricultural structures (*).

(!) OJ No L 218, 6 . 8 . 1991, p. 1 .

WRITTEN QUESTION No 1132 / 93

WRITTEN QUESTION No 902 / 93

by Marie-José Denys, Marie-Claude Vayssade,

by Mr Gerhard Schmid ( S )
to the Commission of the European Communities

( 29 April 1993 )

Catherine Trautmann and Gérard Fuchs ( S ) ( 93 / C 288 / 79 )
to the Commission of the European Communities

( 27 April 1993 )

( 93 / C 288 / 78 )

Subject : Freedom to provide services and freedom of

establishment for companies providing non-life

« insurance

         
Subject : Obstacles to the free movement of goods /

The second and third directives on direct non-life insurance

Is the Commission aware of the problems experienced since

1 January 1993 by certain companies involved in direct
selling to private individuals ?

i
It appears that the companies, particularly wine producers,
have come up against a considerable amount of
administrative red tape : the cost of dealings with tax
representatives and bank guarantees lodged with each
administration have increased the cost of their products .

What action is the Commission planning to take in response
to these clear obstacles to the principle of the free movement
of goods and what solution can is offer to the problem of
paying VAT and excise duty in the Member States of the
Community ?

Answer given by Mrs Scrivener

on behalf of the Commission

( 19 July 1993 )

The Commission is fully aware of the difficulties being
experienced by certain businesses and is keeping a close
watch on developments since any restriction of competition
would, conflict with the objectives of the Community - wide
market .

It transpires, however, that the difficulties are in part
unavoidable, stemming as they do from the new
arrangements which have been introduced and which some
businesses are struggling to come to terms with . As they
become more acquainted with the procedures, it should be
possible to apply the Community rules uniformly and to set
up efficient commercial networks without harming the
interests of producers .

Nevertheless, the Commission is examining within the
existing legal framework various ways of improving the
procedures for paying excise duties in the Member State of
destination, so as to allow businesses to fulfil their

( 88 / 357 / EEC O and 92 / 49 / EEC ( 2 )) have laid down rules
governing the freedom of establishment and freedom to
provide services of non-life insurance companies within the
Community . Where insurance tax is concerned, the
principle of territoriality has been introduced, that is, the tax
system of the Member State where the risk is to be covered is
applied for the benefit of the country concerned . No
provision has been made, however, for monitoring to ensure
the correct payment of insurance tax . This means that the
German financial authorities operating in the Federal
Republic of Germany have no means of verifying whether
undertakings from other EC Member States have paid their
insurance tax correctly .

1 . What does the Commission intend to do to close this

gap ?

2 . Does the Commission have an EC - wide approach in
mind ? If so, what form should it take ? If not, why
not ?

3 . Are there plans to harmonize insurance tax within the
Community ?

(*) OJ No L 172, 4 . 7 . 1988, p . 1 .
( 2 ) OJ No L 228, 11 . 8 . 1992, p . 1 .

Answer given by Mr Vanni d'Archirafi

on behalf of the Commission

( 14 July 1993 )

The collection of insurance tax was looked into repeatedly .
during the consultations on the third non-life insurance
Directive ( 92 / 49 / EEC ), on occasion with assistance from
representatives of the tax authorities .

No problems arise in cases where the insurance company is
represented by a branch in the Member State of the
policyholder .

\

25 . 10 . 93 Official Journal of the European Communities No C 288 / 41

Minor problems arise if the insurance company is writing
business solely by way of the freedom to provide services
and restricts its activities to insuring commercial risks .
When vetting policyholders ' tax returns, the authorities
have an opportunity to establish whether premiums have
been paid and whether the insurer has forwarded the
appropriate insurance taxes to them .

In order to enable the tax authorities to collect tax also on

private insurance policies, the final subparagraph of

Article 46 ( 2 ) of the Directive provides that each Member
State must apply its own national provisions to ensure ' the
collection of indirect taxes '. Accordingly, they may, for
example, require foreign insurance companies to appoint a
local tax representative . It would appear that a large
majority of Member States make use of this option .

T here are currently no plans to harmonize insurance tax in
the Community . Attempts to do so were deemed futile and
abandoned back in the days of the Community of Six .