Source: EURLEX
Language: en
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# Official Journal

## of the European Communities

### English edition Information and Notices

ISSN 0378-6986

## C177

Volume 34

8 July 1991

Notice No

91/C177/01

91/C177/02

91/C177/03

91/C177/04

91/C177/05

91/C177/06

91/C177/07

91/C177/08

91/C177/09

91/C177/10

Contents Page

I _Information_

European Parliament

_Written Questions with answer_

No 19/90 by Mr Jose Valverde Lopez to the Commission
Subject: Adoption by the Member States of legislation relating to the application of the
principles of good laboratory practice 1

No 79/90 by Mrs Raymonde Dury to the Commission
Subject: Redundancies in Europe caused by Japanese imports 1

No 138/90 by Mr Leen van der Waal to the Commission
Subject: The removal of apple puree and tinned vegetables from storage in West Berlin 2

No 248/90 by Mr Alonso Puerta to the Commission
Subject: Environmental pollution in the mountain ranges to the north of Madrid 3

No 398/90 by Mr Alonso Puerta to the Commission
Subject: Air pollution in the city of Valladolid (Supplementary answer) 3

No 428/90 by Mr Hemmo Muntingh to the Commission
Subject: Licences to dump chemical industrial waste 4

No 619/90 by Mr John Bird to the Commission
Subject: The trade in cat fur 4

No 635/90 by Mr Marc Galle to the Commission
Subject: Dumping of wastein the North Sea 5

No 798/90 by Mr Carlos Carvalhas and Mr Joaquim Miranda da Silva to the
Commission

Subject: Pinaster project (Supplementary answer) 5

No 838/90 by Mr Gerhard Schmid to the Commission
Subject: Subsidies for the dairy industry (Supplementary answer) 6

(Continued overleaf)

Notice N o Contents (continued) Page

9 1 / C 177/11 N o 896/90 by M r Gerard Monnier-Besombes to the Commission

Subject: Consistency of the Commission's answers 6

91 / C 177/12 N o 1211 /90 by M r Francois-Xavier de Donnea to the Commission

Subject: Community Flair programme (Supplementary answer) 7

9 1 / C 177/13 N o 1346/90 by M r Llewellyn Smith to the Commission

Subject: Euratom safeguards report — uranium mines and plants (Supplementary answer) . . . . 7

9 1 / C 177/14 N o 1618/90 by M r Kenneth Collins to the Commission

Subject: Rabies 8

9 1 / C 177/15 N o 1942/90 by M r James Ford to the Commission

Subject: Rabies 8

Joint answer to Written Questions Nos 1618/90 and 1942/90 8

9 1 / C 177/16 N o 2164/90 by M r T h o m a s Spencer to the Commission

Subject: Personnel policy in DG VIII 8

9 1 / C 177/17 N o 2317/90 by M r Arie Oostlander to the Commission

Subject: Differences in museum admission fees according to nationality 8

9 1 / C 177/18 N o 2325/90 by M r Yves Verwaerde to the Commission

Subject: Community policy on sales and trading 9

9 1 / C 177/19 N o 2510/90 by M r Antoni Gutierrez Diaz to the Commission

Subject: Withdrawal of Francisco Paesa's accreditation to the European Communities 9

91 / C 177/20 N o 2537/90 by M r Yves Verwaerde to the Commission

Subject: Application of Community rules 10

91 / C 177/21 N o 2711 /90 by Lord O ' H a g a n to the Commission

Subject: Commission financing of the activities of the social partners 10

91 / C 177/22 N o 2716/90 by Mrs Marijke Van Hemeldonck to the Commission

Subject: Aid to businesses 11

9 1 / C 177/23 N o 2822/90 by Sir James Scott-Hopkins to the Commission

Subject: Number of migrant workers in the Community 11

9 1 / C 177/24 N o 2854/90 by M r Francois Musso to the Commission

Subject: Relations between the European Community and Japan —Japanese cars 12

9 1 / C 177/25 N o 2920/90 by M r Mihail Papayannakis to the Commission

Subject: Greek Electricity Board and the environment 12

91 / C 177/26 N o 2921 /90 by M r Thomas Maher to the Commission

Subject: Food imports into the Community 13

9 1 / C 177/27 N o 2922/90 by Mrs Cristiana Muscardini to the Commission

Subject: Stadel Weiach air disaster 13

9 1 / C 177/28 N o 2923/90 by Mrs Sylviane Ainardi to the Commission

Subject: Impact of the implementation of dairy quotas on employment in the agricultural and
agri-foodstuffs sectors 13

Notice No

91/C177/29

91/C177/30

91/C177/31

91/C177/32

91/C177/33

91/C177/34

91/C177/35

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91/C177/45

Contents (continued) Page

No 2946/90 by Mr Alonso Puerta to the Commission
Subject: Llanes urban development project and protection of the environment 14

No 2966/90 by Mrs Anita Pollack to the Commission
Subject: Toxic waste dumping in Nicaragua 14

No 2976/90 by Mr Richard Simmonds to the Commission

Subject: Compliance with EC directives 15

No 2985/90 by Mr Joaquin Sis6 Cruellas to the Commission
Subject: Support for renewable and residual energy sources and combined heat and power
systems 15

No 2987/90 by Mr Joaquin Sis6 Cruellas to the Commission
Subject: Funds provided by the EEC to promote renewable and residual energy sources and
combined heat and power systems 16

No 2991/90 by Mr Jose Barros Moura to the Commission
Subject: Wages of industrial workers in Portugal 17

No 2994/90 by Mr Jose Barros Moura to the Commission
Subject: ESF measures relating to the restructuring of industrial enterprises 19

No 43/91 by Mrs Raymonde Dury to the Commission

Subject: Difficulties experienced by SMUs in obtaining ESF assistance 19

Joint answer to Written Questions Nos 2994/90 and 43/91 19

No 2996/90 by Mr Eolo Parodi to the Commission

Subject: Freedom of movement for acupuncturists 19

No 3005/90 by Mr Gianfranco Amendola to the Commission
Subject: Implementation of the European Parliament's 1987 resolution on the elimination of all
forms of motorway tolls -. 20

No 3011/90 by Mrs Brigitte Ernst de la Graete to the Commission
Subject: The Bosnian affair — freedom of movement for professional sports players 21

No 3012/90 by Mrs Brigitte Ernst de la Graete to the Commission
Subject: Failure to comply with the judgment given in Dona v. Mantero 21

No 3017/90 by Mr Michael Welsh to the Commission
Subject: Car seat belts for children 21

No 3033/90 by Mr Victor Manuel Arbeloa Muru to the Commission
Subject: Fee levels established by professional associations 22

No 3040/90 by Mr Elio Di Rupo to the Commission
Subject: Restrictions on free competition in fertilizers 22

No 3062/90 by Mrs Mary Banotti to the Commission
Subject: Disabled right to vote 23

No 20/91 by Mr Jean-Pierre Raffarin to the Commission
Subject: Funding for a sheep market 23

(Continued overleaf)

Notice No Contents (continued) Page

91/C 177/46 No 24/91 by Mr Jean-Pierre Raffarin to the Commission
Subject: Community rules on occupations relating to hazardous sports 23

91/C 177/47 No 42/91 by Mrs Raymonde Dury to the Commission
Subject: List of activities connected with the exercise of official authority 24

91/C 177/48 No 53/91 by Mr Henry McCubbin to the Commission
Subject: Use of 12 star logo and the tide EEC 25

91 /C 177/49 No 56/91 by Mr Madron Seligman to the Commission
Subject: University education in another Member State 25

91/C 177/50 No 62/91 by Mr Elio di Rupo to the Commission
Subject: Parapharmaceutical products 26

91/C 177/51 No 71/91 by the following members: Mr Carlos Perreau de Pinninck Domenech,
Mr Jose Ruiz-Mateos Jimenez de Tejada, Mr Christian de la Malene and Mr Mark
Killilea to the Commission

Subject: Storage of radioactive mercury waste 26

91/C 177/52 No 90/91 by Mr Victor Manuel Arbeloa Muru to the Commission

Subject: Cane cutters from Haiti in the Dominican Republic 27

91/C 177/53 No 113/91 by Mrs Raymonde Dury to the Commission
Subject: Prevention of occupational disease _27_

91/C 177/54 No 121/91 by Mrs Anita Pollack to the Commission
Subject: Fire safety 28

91 /C 177/55 N o l 24/91 by Mr Herman Verbeek to the Commission
Subject: Production and use of hollow-point bullet cartridges 29

91/C 177/56 No 127/91 by Mr Mihail Papayannakis and Mr Gianfranco Amendola to the

Commission

Subject: DEH (Greek Electricity Board) projects in Drama 29

91/C 177/57 No 173/91 by Mr Madron Seligman to the Commission
Subject: Natural medicines — licensing costs 30

91/C 177/58 No 186/91 by Mr Roberto Formigoni to the Commission
Subject: Fulfilment of contracts and free competition in the former GDR 30

91/C 177/59 No 197/91 by Mr Jose Valverde Lopez to the Commission

Subject: Current situation regarding infringement procedures opened against Spain for failure
to comply with Community law on financial institutions and company law 31

91/C 177/60 No 206/91 by Mr Adrien Zeller to the Commission

Subject: Recognition and enforcement of judgments in civil and commercial matters between the
Member States of the European Community 31

91/C 177/61 No 207/91 by Mr Adrien Zeller to the Commission

Subject: Community statute for mountain guides 31

91/C 177/62 No 234/91 by Mr Elio Di Rupo to the Commission
Subject: The future of cued speech 32

(Continued on inside back cover)

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No 235/91 by Mr Gianfranco Amendola to the Commission

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Subject: The carcinogenic nature of certain asbestos substitutes 32

No 289/91 by Mr Jean-Pierre Raffarin to the Commission
Subject: Quality and reliability of statistics 33

No 294/91 by Mr Thomas Megahy to the Commission

Subject: Fraud and EC own resources 34

No 350/91 by Mrs Raymonde Dury to the Commission
Subject: Restructuring of the Member States' customs administrations 34

No 361/91 by Mr Thomas Megahy to the Commission
Subject: Eligibility of Training and Enterprise Councils in the UK for Social Fund grants 34

No 380/91 by Mr Henry Chabert to the Commission

Subject: Works projects submitted to the European Bank for Reconstruction and Development
(EBRD) 35

No 408/91 by Sir James Scott-Hopkins to the Commission
Subject: The organization of blood distribution 35

No 413/91 by Mr John Bird to the Commission
Subject: Seniors' Europass 35

No 415/91 by Mr Lyndon Harrison to the Commission
Subject: Comparative data 36

No 421/91 by Mr Pierre Bernard-Reymond to the Commission
Subject: Rules on access to the activity of mountain guide 36

No 455/91 by Mr Jean-Pierre Raffarin to the Commission
Subject: Supervisory staff 36

No 466/91 by Mrs Mary Banotti to the Commission
Subject: Distance learning 36

No 723/91 by the following members: Alman Metten, Imelda Read, Klaus Wettig,
Carole Tongue, Gerard Fuchs, Magdalene Hoff, Jean Colom i Naval, Gerard
Caudron and Joao Cravinho to the Council

Subject: The economic situation in the Community 37

No 724/91 by Mr Henry Saby to the Council

Subject: Declaration on South Africa adopted by the European Council at its Rome meeting
(14—15 December 1990) 38

No 725/91 by Mr Brian Cassidy to the Council
Subject: Rules governing travellers' allowances derogations granted to Denmark and Ireland .. 39

No 726/91 by Mr Fernand Herman, Mr Karl von Wogau and Mr Raphael Chanterie
to the Council

Subject: The economic situation in the Community 39

No 1042/91 by Mrs Karla Peijs, Mr Konstantinos Stavrou, Mr Karl von Wogau and
Mr Egon Klepsch to the Council

Subject: Progress of GATT negotiations 40

No 1043/91 by Mr Roberto Speciale to the Council
Subject: Economic situation and progressive convergence 40

8. 7. 91 Official Journal of the European Communities No C 177/1

_(Information)_

#### EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION No 19/90

by Mr Jose Valverde Lopez (PPE)

to the Commission of the European Communities

_(26_ _January 1990)_

(91/C 177/01)

_Subject:_ Adoption by the Member States of legislation
relating to the application of the principles of
good laboratory practice

Directives 87/18/EEC ( [l] ) and 87/19/EEC ( [2] ) of 18 and
22 December 1986 instruct the Member States to take all
measures necessary to ensure that laboratories carrying
out tests on chemical products (including pharmaceutical
products, pesticides, etc.) in accordance with Directive
67/548/EEC ( [5] ) comply with the principles of good
laboratory practice specified in Annex 2 to the Decision
of 12 May 1981 of the Council of the OECD on the
mutual acceptance of data for the evaluation of chemical
products.

Can the Commission say which countries have
incorporated this Directive into their national legislation,
which countries have yet to do so and what steps it has
taken to persuade them to do so?

O OJNoLl5,17.1.1987, p. 29.
O OJNoL15,17.1.1987, p. 31.
O OJNol96,16.8.1967, p. 1.

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

_(24 April_ _1990)_

Council Directive 87/18/EEC has been transposed into
the national legislation of seven of the 12 Member States.
Formal procedures have been initiated under Article 169
of the EEC Treaty with respect to the Federal Republic of

Germany, Ireland and Spain. A decision concerning the
United Kingdom is imminent.

The Commission is at present examining the situation in
Portugal.

WRITTEN QUESTION No 79/90

by Mrs Raymond Dury (S)

to the Commission of the European Communities

_(2 February 1990)_

(91/C177/02)

_Subject:_ Redundancies in Europe caused by Japanese
imports

In an article published in _Le_ _Monde_ on 6 January 1990, Mr
Jacques Calvet, Chairman and Managing Director of the
PSA Group, claims that for every seven Japanese cars
imported one job is lost in Europe, and that for every job
with a Japanese firm created in Europe two jobs with
European firms are lost.

Can the Commission confirm or refute these statements?

Answer given by Mr Bangemann
on behalf of the Commission

_(19_ _March 1990)_

The figures for job losses given in the interview
mentioned by the Honourable Member appear to derive
from an extrapolation on a study carried out by the US
administration (Report by the US General Accounting
Office) 0).

No C 177/2 Official Journal of the European Communities 8. 7. 91

This study assesses job losses in the US automobile
industry (makers and parts suppliers). It is reckoned that
there will be some 137 000 jobs lost as a result of an
increase of 1,2 million in the number of cars imported, i.e.
1 job lost per 8,8 cars imported as well as some 57 000 jobs
lost as a result of an increase of 1,5 million Japanese
models produced locally, i.e. 1 job lost per 26 locally
manufactured cars.

These figures clearly relate to direct employment in the
automobile industry and its suppliers only. Any
assessment of job losses overall is likely to be affected by a
number of factors, such as:

(a) the fact that it would have to be reduced as a function
of the positive effect of an overall reduction in the
cost of vehicles supplied to the customer, thus
permitting better budgeting and new directions for
American manufacturing;

(b) the fact that it would have to be increased by the
negative effect on the growth in the US trade deficit,
resulting indirectly in continued high interest rates to
ensure certain capital flows to the United States;

(c) the fact that in the longer term, assessments of
overall impact depend on the effect on the
competitiveness of US industry as a whole. Here,
again, the effect is divided between the improvement
resulting from the stimulus provided by competition
and the risk of losing technological leadership in the
actual design of the vehicles. This latter element
depends largely on whether investments tend to
become integrated in the economy or not from the
technical point of view. The report draws no clear
conclusions on this point.

Similar conclusions could be drawn for the European
Community.

In this respect, a major effort on the part of the European
automobile industry to increase its presence in the
markets of third countries is certainly the most desirable
response in the jobs front. It should be noted that the
author of the article mentioned refers to the Peugeot
Group's plan for major development of its exports to
non-Community countries.

Finally, it should be pointed out that the basic reason for
this effect on jobs is a result of the difference in
productivity between recent or renovated plants and some
old industrial sites. Because of the increase in competition
in a market undergoing profound change, the rapid rise in
overall productivity in this industry over a number of
years has come about for the most part independently of

the increased presence of non-Community producers on
the market.

In 1980, European carmakers produced six cars per
annum per employee, while in 1987 this figure was well
over nine. In this period, therefore, the carmakers alone
have shed over 375 000 jobs in the EEC, despite increases
in production. While the Japanese presence may serve to
speed up this process, it does not represent the reason
behind it.

_O_ GAO/NSIAD-88-11.

WRITTEN QUESTION No 138/90

by Mr Leen van der Waal (NI)

to the Commission of the European Communities

_(8 February 1990)_

(91/C 177/03)

_Subject:_ The removal of apple puree and tinned
vegetables from storage in West Berlin

Since the Berlin blockade, a large number of products
have been kept in strategic storage in the FRG. Foodstuffs
in storage in West Berlin include such items as apple puree
and tinned vegetables (French beans, peas and carrots).
Stocks of these products are held for three years and then
replaced.

1. Is the Commission aware that, after three years, these
stocks are bought up at heavily reduced prices
(chiefly) by the original suppliers?

2. Is the Commission aware that the stocks are then put
on the market (some of them ending up in the
Netherlands) at 10 to 20 % below the usual price?

3. Is there a clear indication of the tins of puree and
vegetables that the contents are three years old?

4. If so, does the Commission think that the reduction in
the usual price is adequate in view of the possible loss
of quality?

5. If the answer to question No 3 is no, does not the
Commission think that, in view of the scale of these
sales, they must be regarded as a form of dumping,
with a disruptive effect on the market that is contrary
to the EEC Treaty?

6. How does the Commission intend to oppose this
practice?

8. 7. 91 Official Journal of the European Communities No C 177/3

Answer given by Mr Bangemann
on behalf of the Commission

_(21 March 1990)_

The Commission will ask the German authorities for

information on the various points mentioned by the
Honourable Member. It will keep him informed of the
outcome of its enquiries.

WRITTEN QUESTION No 248/90

by Mr Alonso Puerta (GUE)

to the Commission of the European Communities

_(19 February 1990)_

(91/C 177/04)

_Subject:_ Environmental pollution in the mountain ranges
to the north of Madrid

Unless suitable measures are taken, the high-speed rail
link between Madrid and Barcelona may cause irreparable
damage to the environment, affecting both towns and
villages and many areas of countryside of recognized
ecological value. The projected railway line will divide in
two the hills north of Madrid, crossing the Pardo area,
the Upper Manzanares Basin regional park, pastureland
in the Colmenar area and the Bustarviejo and Lozoya
valleys.

1. Can the Commission find out from the Spanish
authorities whether this projected rail link will comply
with Community law, in particular Directive
85/337/EEC (') on the assessment of the effects of
certain public and private projects on the
environment?

2. Does the Commission know whether the project is
receiving finance from Community funds?

3. Can the Commission give its views on this matter and
forward all the information it is able to obtain?

(') OJ No L 175, 5. 7.1985, p. 40.

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

_(5_ _April 1990)_

During 1989 a number of complaints were brought to the
Commission's attention concerning the possible adverse
effect on the environment of the high-speed rail link
between Madrid and Barcelona.

A letter was therefore sent to the Spanish authorities
requesting their comments on the situation described and
reminding them of the provisions of Directive
79/409/EEC ( [l] ) on the conservation of wild birds and
Directive 85/337/EEC on the assessment of the effects of

certain public and private projects on the environment.

The Spanish authorities have stated that the project in
question has been subjected to the procedure for

evaluating its impact on the environment under Spanish
law arising from Directive 85/337/EEC. The
environmental impact study is being prepared and its
findings will be made available to the public. No final
decision has been made on the project.

The Commission would point out that at present no
application for funding for the project has been received.

0) OJNoL103,25.4.1979, p. 1.

WRITTEN QUESTION No 398/90

by Mr Alonso Puerta (GUE)

to the Commission of the European Communities

_(5 March 1990)_

(91/C 177/05)

_Subject:_ Air pollution in the city of Valladolid

In the city of Valladolid air pollution is seriously
damaging the environment and people's health. This
means that there is an urgent need to reduce and monitor
emissions of nitrogen dioxide (NO2) from one of the
greatest sources of pollution in the city — the firm
Nitratos de Castilla (Nicas).

1. Can the Commission guarantee that Nitratos de
Castilla is complying with the following Directives:

(a) Directive 84/360/EEC (*) on the combating of
air pollution from industrial plants;

(b) Directive 85/203/EEC 0 on air quality
standards for nitrogen dioxide?

2. What steps will the Commission take to see that
Nitratos de Castilla ceases to be a potential source of
danger to the pollution of Valladolid?

3. Can the Commission keep me informed of the action
it intends to take on this matter?

O OJN0LI88,16.7.1984, p. 20.
O OJ No L 87,27. 3.1985, p. 1.

Supplementary answer given by Mr Ripa di Meana
on behalf of the Commission

_(13 September 1990)_

In addition to its answer of 18 April 1990 ('), the
Commission is now able to give the following
information.

The Commission has received a complaint on the same
subject as that referred to in the Honourable Member's
question.

No C 177/4 Official Journal of the European Communities 8. 7. 91

A request for information has been sent to the Spanish
authorities relating amongst other things to the
application in Valladolid of Directives 85/203/EEC on
air quality standards for nitrogen dioxide and
84/360/EEC on the combating of air pollution from
industrial plants.

The Commission has not yet received any information
and will shortly decide what further action to take in the
matter.

(') OJNoC233,17.9.1990.

WRITTEN QUESTION No 428/90

by Mr Hemmo Muntingh (S)

to the Commission of the European Communities

_(5 March 1990)_

(91/C 177/06)

_Subject:_ Licences to dump chemical industrial waste

The UK Government intends to issue new licences to
dump chemical industrial waste in the North Sea.

In 1987, however, the environment ministers of the North
Sea states decided that dumping of industrial waste in the
North Sea would cease as of 1 January 1990 unless it was
established that dumping was not harmful to the marine
environment and alternative on-shore processing was not
possible.

Accordingly, a number of North Sea states (Norway,
Sweden, Denmark, the Federal Republic of Germany and
the Netherlands) have raised objections to these licences,
since it has not been established that dumping would not
be harmful to the marine environment or that there are no
other, on-shore options.

1. How does the Commission view the licences issued, or
to be issued, by the UK Government to dump
chemical industrial waste in the North Sea?

2. Is the Commission prepared, during the Oslo
Commission consultations in this regard too, to
support the protests already lodged by a number of
North Sea states?

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

_(22 June_ _1990)_

The Commission is following the work of the Oslo
Commission as an observer and has not been invited to its
deliberations on the UK Government's granting of
renewed licences to dump industrial chemical waste in the
North Sea.

The Commission is sending the Honourable Member and
the General Secretariat of Parliament extracts from the
press release from the Oslo Commission Secretariat dated
14 February 1990.

In addition, the ministerial declaration of the third
international conference on the protection of the North
Sea (The Hague, 7—8 March 1990), which the
Commission attended, includes the following paragraphs:

'17. To note with pleasure that almost all North Sea
States have stopped dumping at sea of industrial
waste covered by paragraph 22 (a) of the London
Declaration.

18. To note that the United Kingdom has given a
firm undertaking to end industrial waste
dumping as soon as possible and no later than by
the end of 1992, with an extension into 1993 only
if absolutely necessary on technical grounds and
excluding new dumping licences. Any continuing
dumping will be covered by paragraph 22 (a) of
the London Declaration.'

The Commission shares the opinion of the countries
which disapprove of this action.

WRITTEN QUESTION No 619/90

by Mr John Bird (S)

to the Commission of the European Communities

_(23 March 1990)_

(91/C 177/07)

_Subject:_ The trade in cat fur

Further to my Written Question No 1194/87 (') to the
Commission — Trade in cat furs — I have again received
representations from a large number of constituents
opposed to the trade in cat furs, who have expressed
concern that domestic cats are being stolen to supply this
trade.

1. Would the Commission inform me in which Member
States cat furs are used, and if the trade in cat furs has
increased since 1987?

2. Would the Commission provide me with any
information available on the illegal killing of domestic
cats in Member States?

3. If such information is not available, would the
Commission be prepared to undertake its own
research in respect of this matter?

4. Would the Commission consider putting pressure
upon those Member States who continue to permit the

8. 7. 91 Official Journal of the European Communities No C 177/5

use of cat furs, to put an end to this vile aspect of the
inhumane, cruel and unnecessary fur trade?

O OJ No C 108,25.4.1988, p. 7.

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

_(18 April 1990)_

The Commission is aware that in certain Member States

cat furs are legitimately used for medical purposes but it
has no further informaton on their trade within the

Community or on the illegal killing of domestic cats in
Member State.

At the moment, the Commission does not intend to
investigate this further, as it is mainly the responsibility of
the Member States to act or regulate in this matter.

WRITTEN QUESTION No 635/90

by Mr Marc Galle (S)

to the Commission of the European Communities

_(20 March 1990)_

(91/C 177/08)

_Subject:_ Dumping of waste in the North Sea

In January 1990 the British Prime Minister, Mrs
Thatcher, speaking in the House of Commons, defended
the policy of dumping industrial waste (including waste
from the pharmaceutical industry) in the North Sea.

Does the Commission think the United Kingdom is
justified in continuing to dump waste, despite the
agreements that have been reached?

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

_(22 June 1991)_

The Ministerial declaration of the third International

Conference on the Protection of the North Sea (The
Hague, 7 and 8 March 1990), which was attended by the
Member of the Commission with special responsibility for
environmental protection, included the following points:

'17. To note with pleasure that almost all North Sea
States have stopped dumping at sea of industrial
waste covered by paragraph 22 (a) of the London
Declaration.

18. To note that the United Kingdom has given a
firm undertaking to end industrial waste
dumping as soon as possible and no later than by

the end of 1992, with an extension into 1993 only
if absolutely necessary on technical grounds and
excluding new dumping licences. Any continuing
dumping will be covered by paragraph 22 (a) of
the London Declaration.'

The Commission agrees with those countries which
disapprove of these practices.

It would also refer the Honourable Member to its answers
to Written Questions Nos 428/90 (*) and 429/90 ( [2] ) by
Mr Muntingh.

(') See page 4 of this Official Journal.
O OJNoC325,24.12.1990,p. 15.

WRITTEN QUESTION No 798/90

by Mr Carlos Carvalhas
and Mr Joaquim Miranda da Silva (CG)

to the Commission of the European Communities

_(29 March 1990)_

(91/C 177/09)

_Subject:_ Pinaster project

As part of the Eclair Programme — agro-industrial
research designed to encourage pre-competitive research
— France, Spain, Italy and Portugal (National Forestry
Institute, Castelo Branco Higher Agricultural College)
submitted to the Communities a project on the pinaster
(Mediterranean pine).

Can the Commission say what its reaction is to this
project?

Supplementary answer given by Mr Pandolfi
on behalf of the Commission

_(12 April 1991)_

Further to its answer of 1 June 1990 (*), the Commission
can now inform the Honourable Members of the result of

its investigation.

The research project on proposal on Pinus pinaster to
which the Honourable Members referred was in fact

addressed to the ECLAIR programme. As however this
proposal is more relevant to the subprogramme FOREST
of the Raw materials and recycling programme, it was
evaluated by the FOREST sub-programme and combined
with another project on Pinus nigra equally submitted to
the FOREST programme. The combined project has been
retained for Community funding as follows:

No C 177/6 Official Journal of the European Communities 8. 7. 91

Andimilos since, contrary to the Commission's statement,
the planned investigations which were intended to protect
this species did not take place.

In its answer of 6 December 1989, the Commission states
that it has taken measures for the protection of this
species within the framework of the proposal for a new
directive on the protection of habitats.

This answer is surprising, since it is hard to see how a
directive which has not been adopted can provide any
genuine protection.

In Written Question No 958/89 (*) to the Commission,
Mr Gianfranco Amendola, Mr Virginio Bettini and Mr
Enrico Falqui query the compatibility of afforestation
projects in Ireland with the directive on the protection of
habitats.

In its answer of 23 February 1990, the Commission states
that the directive on the protection of habitats cannot be
invoked since it is still only in draft stage.

Can the Commission say what criteria it is using in
advancing the proposal for a directive on the protection of
habitats as a means of protecting a species on the one
hand and referring to it as a mere draft without any real
significance on the other?

O OJNoC 171,12.7.1990, p. 16.

Answer given by Mr Mac Sharry
on behalf of the Commission

_(12 July 1990)_

_Capra aegagrus stictus_ appears in Annexes I (Animals and
plants whose habitats are threatened in the Community)
and II (Species of wild animals and plants which are
threatened in the Community) to the proposal for a
Directive on habitats ( [l] ). The Commission's reference to
this text was simply intended to draw attention to a
proposal whose adoption by the Council will resolve the
problem raised in the petition.

Question No 958/89 submitted by Mr Amendola and
others ( [2] ) concerns the compatibility of a planned measure
in Ireland. In the Commission's view, a draft Directive
which has not yet been adopted by the Council and has
therefore not entered into force cannot, legally speaking,
be used to judge the compatibility of a measure taken by a
Member State or of its financing.

Genetics and breeding of Pinus pinaster

Genetics and breeding of Pinus nigra

Relationsship wood quality/sylviculture and
simulation models (mainly Pinus pinaster)

Total

_(ECU)_

300 000

100 000

200 000

600 000

As soon as the administrative forms of all our partners are
available, the research contract between the Commission
and the participating research organizations will be
established.

(') OJNoC272,29.10.1990.

WRITTEN QUESTION No 838/90

by Mr Gerhard Schmid (S)

to the Commission of the European Communities

_(4 April 1990)_

(91/C 177/10)

_Subject:_ Subsidies for the dairy industry

What subsidies have been granted to the Bavarian dairy
industry over the last five years on the basis of
Regulations (EEC) Nos 804/68 O, 986/68 ( [2] ) and
987/68 ( [J] ) for skimmed-milk powder to be used as fodder
and for skimmed milk for the manufacture of casein and

caseinates?

(') English Special Edition 1968 I, p. 176.
( [2] ) English Special Edition 1968 I, p. 260.
O English Special Edition 1968 I, p. 262.

Supplementary answer given by Mr Mac Sharry
on behalf of the Commission

_(20 March 1991)_

Further to the answer it gave on 1 June 1990 ('), the
Commission is sending direct to the Honourable Member
and to the Secretariat of Parliament a table containing the
information requested.

(*) OJNoC309,10.12.1990.

WRITTEN QUESTION No 896/90

by Mr Gerard Monnier-Besombes (V)

to the Commission of the European Communities

_(9 April 1990)_

(91/C 177/11)

_Subject:_ Consistency of the Commission's answers

A petition was submitted by Mr Iakovos Armenis on the
protection of the spotted wild goat (Capra aegagrus) of

8. 7. 91 Official Journal of the European Communities No C 177/7

The Commission therefore considers that there is no

contradiction between these two answers.

O COM(88) 381 final.
O OJNoC 171,12.7.1990.

WRITTEN QUESTION No 1211/90

by Mr Francois-Xavier de Donnea (LDR)

to the Commission of the European Communities

_(22 May 1990)_

(91/C 177/12)

_Subject:_ Community Flair programme

Thirty-five new projects were recently selected for the
Community Flair programme.

Can the Commission state:

1. how many companies, SMUs, research institutes and
universities based in Belgium have benefited from
Flair funds;

2. the total amount of aid granted to these beneficiaries,
broken down by region (Wallonia, Brussels,
Flanders)?

Supplementary answer given by Mr Pandolfi
on behalf of the Commission

_(15 April 1991)_

Further to its answer of 20 July 1990 ('), the Commission
is sending directly to the Honourable Member and to the
Secretariat of Parliament the information requested.

(') OJNoC312,12.12.1990.

WRITTEN QUESTION No 1346/90

by Mr Llewellyn Smith (S) '

to the Commission of the European Communities

_(11 June 1990)_

(91/C 177/13)

_Subject:_ Euratom safeguards report — uranium mines
and plants

Regarding table II-I of the Euratom safeguards report
(SEC(90) 452 final), will the Commission (a) publish a
table showing the disaggregation of uranium mines and
uranium concentrate plants and state the volumes of
uranium safeguarded respectively at each plant and (b) list
by name and location each of the 175 installations and
stocks of nuclear material listed for the United Kingdom,
the 203 listed for the Federal Republic of Germany and
the 143 listed for France respectively?

Supplementary answer given by Mr Cardoso e Cunha
on behalf of the Commission

_(4 March 1991)_

Further to its answer of 25 July 1990 (') the Commission is
now in a position to inform the Honourable Member of
the outcome of its inquiries. The disaggregation of
uranium mines and uranium concentration plants in Table
11.2 of the Euratom safeguards report is as follows:

(*) OJNoC35,11.2.1991.

DK

1

1

D

4

1

5

F

1

1

GR IRL I

1

1

LUX NL FT

12

1

13

ESP

2

2

4

UK Total,

19

7

26

Mines

U-concentration

Total

B

1

1

No C 177/8 Official Journal of the European Communities 8. 7. 91

WRITTEN QUESTION No 1618/90

by Mr Kenneth Collins (S)

to the Commission of the European Communities

_(2 July_ _1990)_

(91/C 177/14)

_Subject:_ Rabies

Will the Commission comment on the apparent increase
in rabies in the European Community in the recent past
and will they say what measures they are taking to help
member countries to overcome the threats of the disease?

WRITTEN QUESTION No 1942/90

by Mr James Ford (S)

to the Commission of the European Communities

_(1 September 1990)_

(91/C 177/15)

_Subject:_ Rabies

With reference to the alarming increase of rabies in 1989
by comparison with 1988, will the Commission give its
assurance that the UK Government will not be required to
relax its stance on the need to control the movement of
rabies-susceptible animals before continental programmes
to control the disease show a significant level of success?

Joint answer to Written Questions Nos 1618/90

and 1942/90
given by Mr Mac Sharry
on behalf of the Commission

_(6_ _September 1991)_

The Commission has noted an increase in the number of
reported cases of rabies in several Member States in the
first two quarters of 1989 as compared with the period in
1988 (most recent figures available).

This is due in part to a very big increase in the fox
population due to the successive mild winters in recent
years, which has led to the increased availability of food,
which in turn has led to increased fecundity and better
survival rates, and also in part to the increase in the
prevalence of bat rabies in 1989.

The Community's financially aided plan for the
eradication of rabies commenced in September and
October 1989. This scheme involves the oral vaccination
of foxes in infected areas of the Community and also in
third country frontier zones bordering the Community to
the East.

This scheme is progressing in a satisfactory manner and
the Commission is confident that the eradication plan
should begin to yield positive results towards the end of
1990 and beyond.

WRITTEN QUESTION No 2164/90

by Mr Thomas Spencer (ED)

to the Commission of the European Communities

_(27 September 1990)_

(91/C 177/16)

_Subject:_ Personnel policy in DG VIII

How many staff does the Commission have in DG VIII in
Brussels and in its offices in third countries respectively?

Answer given by Mr Marin
on behalf of the Commission

_(23 April_ _1991)_

The staff of DG VIII comprises:

(') This figure includes officials in post as well as posts currently vacant to
which appointments still have to be made.

WRITTEN QUESTION No 2317/90

by Mr Arie Oostlander (PPE)

to the Commission of the European Communities

_(18 October 1990)_

(91/C 177/17)

_Subject:_ Differences in museum admission fees according
to nationality

1. Is the Commission aware that the municipal history
museum (museu d'historia de la ciutat) in the Placa del

Delegations

246

42

1

289

A officials

B officials

C officials

D officials

Seconded National Officials

Total

Total Staff (') in Brussels and
Delegations

Brussels

209

127

154

1

10

491

780

8. 7. 91 Official Journal of the European Communities No C 177/9

Rei in Barcelona discriminates against visitors on the basis
of their nationality by charging Spanish residents less than
non-Spanish residents for admission?

2. Does not the Commission consider that the practice
on the part of the museum management of charging
different admission fees for different nationalities is

inconsistent with the content and scope of Article 59 of
the EEC Treaty?

3. If so, what steps does the Commission intend to take
against this museum?

4. How much progress has been made with the
infringement procedure against Greece and other
Member States where similar practices exist in
contravention of Article 59 of the EEC Treaty (in
response to Written Question No 688/88 (') by Mr
Zahorkha, which is concerned with this problem)?

O OJNoC95,17.4.1989, p. 12.

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

_(11 March 1991)_

The Commission has received several complaints against
Spain's discrimination between its nationals and those of
other Member States in respect of museum admission
charges.

Infringement proceedings were initiated in 1987, in
response to which the Spanish authorities announced
their intention of amending existing rules so as to put an
end to the discrimination.

Since the Commission has not yet been informed of any
such measure and considers this practice to be
incompatible with Articles 7, 48, 52 and 59 of the EEC
Treaty, it is continuing the proceedings.

A similar complaint concerning Greece was recendy
referred to the Court of Justice.

WRITTEN QUESTION No 2325/90

by Mr Yves Vcrwaerdc (LDR)

to the Commission of the European Communities

_(18 October 1990)_

(91/C 177/18)

_Subject:_ Community policy on sales and trading

What specific measures does the Commission plan to
adopt to increase legal protection for those acquiring

immovable property in the European Community, as part
of an amendment to Directive 85/577/EEC of 20

December 1985 0 ?

(») OJ No L 372, 31.12.1985, p. 31.

Answer given by Mr Van Miert
on behalf of the Commission

_(18 January 1991)_

The Commission's recent proposal for a directive on
unfair terms in consumer contracts (') offers considerable
protection in relation to contracts for any kind of
consumer purchase. It contains a specific rule which
provides for a cooling-off period in relation to every
consumer contract for the purchase of a timeshare
interest. This does not involve an amendment to Directive
85/577/EEC of 20 December 1985 ( [2] ).

The Commission is planning to hold a conference in 1991
for discussion of the various aspects of immovable
property transactions within the Community.

O OJ No C 243,28.9.1990.
O OJNoL372,31.12.1985.

WRITTEN QUESTION No 2510/90

by Mr Antoni Gutierrez Diaz (GUE)

to the Commission of the European Communities

_(16 November 1990)_

(91/C 177/19)

_Subject:_ Withdrawal of Francisco Paesa's accreditation to
the European Communities

In its answer of 15 October 1990 of my Written Question
No 1549/90 O, the Council acknowledged that Francisco
Paesa Sanchez, a Spanish citizen, has, since 4 August
1989, been included on the list of diplomatic staff
accredited to the European Communities in his capacity
as adviser for the Sao Tom6 and Principe mission. The
Council has decided to forward the file to the

Commission for consideration.

Given that on 11 November 1988, an international
warrant was issued for the arrest of Francisco Paesa, who
is wanted by Interpol on charges of conspiring with armed
groups to commit terrorist offences in Spain where he has
been tried and judged by default, what measures will the
Commission take to withdraw accreditation from this

No C 177/10 Official Journal of the European Communities 8. 7. 91

individual, thereby preventing further insult to the
Community institutions and safeguarding their
self-respect?

(') OJNoC303,3.12.1990, p. 57.

Answer given by Mr Andriessen
on behalf of the Commission

_(15 April 1991)_

Mr Francisco Paesa Sanchez is not a member of the

Embassy of Sao Tome and Principe to the European
Communities.

WRITTEN QUESTION No 2537/90

by Mr Yves Verwaerde (LDR)

to the Commission of the European Communities

_(16 November 1990)_

(91/G177/20)

_Subject:_ Application of Community rules

To what extent will the Commission's plan for the
launching of a European Economic Interest Grouping
(EEIG) ensure that each Member State is fully
represented?

Answer given by Mr Bangemann
on behalf of the Commission

_(21 January 1991)_

The formation of European Economic Interest
Groupings (EEIGs) has been possible since 1 July 1989.

This was the date of implementation of Council
Regulation (EEC) No 2137/85, which had been adopted
unanimously by the Member States on 25 July 1985 (*)
and had entered into force on 3 August 1985.

The period of four years between the entry into force and
implementation of the Regulation was intended to allow
Member States to take certain implementing measures,
and in particular those permitting registration of EEIGs
and publication of the main documents relating to their
legal structure.

Implementing measures have so far been taken by all
Member States except Italy, Luxembourg and Greece.
Various legislative instruments have been used, although
most Member States opted for a law. In France, for

example, Law No 89-377 of 13 June 1989 ( [2] ) contains the
implementing measures in respect of EEIGs.

O OJNoL199,31.7.1985.
O Official Gazette of the French Republic, 15.6.1989.

WRITTEN QUESTION No 2711/90

by Lord O'Hagan (ED)

to die Commission of the European Communities

_(4 December 1990)_

(91/C177/21)

_Subject:_ Commission financing of the activities of the
social partners

Can the Commission state, in ECU, the amount of EC
money accorded to the following activities:

1. the ETUI (annual cost);

2. the Division for information to trade unions by DG X
(annual cost);

3. the health and safety unit of the ETUI (annual cost);

4. the trade union bulletin (annual cost);

5. other meetings and activities of the ETUC (1989) in
relation to the total financial support granted to
UNICE/CEEP?

Answer given by Mrs Papandreou
on behalf of the Commission

_(21 March 1991)_

The annual budget of the European Trade Union
Institute in 1990 was ECU 1 600 000; there is a researcher
at the Institute who deals with issues relating to health,
safety and hygiene at the workplace. The annual budget
of the Trade Union Technical Office on health and safety
was ECU 800 000 in 1990.

The DG X budget for trade union information in 1990
was ECU 1 300 000; the annual cost of the Trade Union
Information Bulletin is ECU 27 651.

The Commission will at a later date send the Honourable

Member and Parliament's Secretariat at supplementary
answer concerning the financing of other ETUC activities
in 1989 in relation to the total financial aid granted to the
UNICEandtheCEEP.

8. 7. 91 Official Journal of the European Communities NoC 177/11

WRITTEN QUESTION No 2716/90

by Mrs Marijke Van Hemeldonck (S)

to the Commission of the European Communities

_(4 December 1990)_

(91/C 177/22)

_Subject:_ Aid to businesses

In response to the answer given to my^Oral Question
No H-577/90 ('), would the Commission state:

1. where the Commission's 3 5 demands for repayment of
aid are listed;

2. which demands have been acted upon;

3. which demands are the subject of proceedings in the
national courts (giving details of the proceedings);

4. which demands are the subject of proceedings before
the Court of Justice (giving details of the
proceedings);

5. which demands have not yet been acted upon;

6. in which instances and at what time the businesses in
question went bankrupt;

7. whether the Commission is satisfied with a letter from
the Member State concerned informing it that the
demand has been enforced, given the adverse
experience of the Fabelta-Beaulieu case?

(') European Parliament Debates No 3-392 (July 1990).

Answer given by Sir Leon Brittan
on behalf of the Commission

_(12 March 1991)_

Further to its answer to Oral Question H-577/90, the
Commission has the following information for the
Honourable Member, while stressing that the situation
previously described has, of course, since changed.

1. All decisions calling for the repayment of aid
unlawfully granted have been published in the Official
Journal and mentioned in the relevant reports on
competition policy.

2. Decisions have been implemented by Member States
and aid recovered from the enterprises concerned in
the following cases: Dean Dove, Chapelle Darblay,
Boch III, SEB, Tubemeuse, Usinor/Sacilor, Renault,
Tenneco, Valeo, Peugeot and French steelmaking not
covered by the ECSC Treaty (two cases).

3. The following cases are the subject of proceedings in
national courts: Fabelta, Idealspun, Deufil, Alcan,
Deggendorf and Boussac.

4. The following cases are pending before the Court of
Justice: ENI/Lanerossi (C303/88), Aluminia-Comsal
(C261/89) and Alfa-Romeo (C305/89).

5. The following decisions have not yet been acted upon:
Bug-Alutechnik (judgment of the Court in
Case C7/86), Isoroy et Pinault (case taken to the
Court but withdrawn by the French Government),
Greece (cinema), Greece (exemption from tax on
exports), MFL and Magefesa.

6. The enterprises in receipt of aid which have been
declared bankrupt or have gone into liquidation are:
Balamundi (4 May 1981), Boch (two cases: January
1985) and Meura (two cases: 6 January 1986).

7. In the State aid field, it is the Commission's practice to
regard information transmitted officially and in
writing by Member States as conveying a true picture
of the facts. Although it has established in certain
exceptional cases that the information it received did
not reflect the true situation, it has in general no
grounds for questioning the truthfulness of
communications by Member States.

WRITTEN QUESTION No 2822/90

by Sir James Scott-Hopkins (ED)

to the Commission of the European Communities

_(17_ _December 1990)_

(91/C 177/23)

_Subject:_ Number of migrant workers in the Community

What does the Commission estimate will be the level of
migrant workers in the Community in the year 2000 and
how does this compare with the present position?

Answer given by Mr Christophersen
on behalf of the Commission

_(27_ _March 1991)_

The number of migrant workers in the year 2000 in the 12
countries making up today's Community depends on so
many factors that it cannot be estimated.

The outlook for the main factors — demographic,
economic, political and technological, to name but a few

No C 177/12 Official Journal of the European Communities 8. 7. 91

— suggests that there could well be some increase in the
number of immigrants into Europe towards the beginning
of the next century. It can also be expected, however, that
many of those new immigrants will, like their
predecessors, fairly soon find work in the Community. In
1988, the last year for which statistics are available, the
total number of non-EEC workers in the Community was
3,2 million.

WRITTEN QUESTION No 2854/90

by Mr Francois Musso (RDE)

to the Commission of the European Communities

_(20 November 1990)_

(91/C 177/24)

_Subject:_ Relations between the European Community
and Japan — Japanese cars

In what capacity or on what authority did Commission
Vice-President, Bangemann, deliver his official
statements reported in the international press concerning
future agreements between the European Community and
Japan on the importation of Japanese cars into the
European Community?

Answer given by Mr Delors
on behalf of the Commission

_(22 March 1991)_

On 6 December 1989, on a proposal from Mr Andriessen,
Mr Bangemann and Sir Leon Brittan, the Commission
adopted a communication entided 'A single Community
motor-vehicle market* (') setting out a framework for
action in the motor-vehicle sector covering both its
internal and external aspects.

As the Honourable Member is aware, internal and
external aspects cannot be clearly separated. For example,
the creation of a frontier-free internal market necessitates
the removal of internal border controls, leading _de facto_ to
the disappearance of national quantitative restrictions.

Since Mr Bangemann's responsibilities cover the internal
market and industrial affairs, he is constantly involved in
all aspects of the subject. More particularly, his
recommendations on the speed of sectoral adjustment to
increased international competition will be taken into
account when fixing the duration and objectives of a
transitional period prior to the adoption of more liberal
import policies.

The Commission has kept the appropriate committees in
Parliament and the Council fully informed of
developments.

O SEC(89) 2118 final, 19 January 1990.

WRITTEN QUESTION No 2920/90

by Mr Mihail Papayannakis (GUE)

to the Commission of the European Communities

_(11 January 1991)_

(91/C 177/25)

_Subject:_ Greek Electricity Board and the environment

According to complaints by a number of public bodies
(local council, political parties, associations, etc.) of the
prefecture of Lasithi in Crete, the Greek Electricity Board
has selected the area of Kato Louma in the commune of
Agios Antonios as a site for a new power station.

No comprehensive environmental impact assessment has
been carried out in respect of the pollutant emissions from
this power station which, it is objected, will cause major
problems in the prefecture of Lasithi. Have the Greek
authorities provided the Commission with information
about the Greek Electricity Board's project? Moreover,
have they said whether plans for linking Crete to the
national grid have been incorporated in the regional
development programme, and, if so, how?

Can the Commission ask the Greek Electricity Board
whether proposals have been made to site the new power
station in an area in southern Crete where the
environmental impact of the pollutant emissions can be
kept within acceptable limits?

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

_(10 April_ _1991)_

The Commission has not been officially informed of the
Greek Electricity Board's project to which the
Honourable Member refers. The Commission will

contact the Greek authorities to obtain further
information on the project and the measures they plan to
take to meet the requirements of Directive 85/337/EEC
on the impact of certain public and private projects on the
environment ( [l] ).

With regard to the plans to link Crete to the national grid
by cable, incorporated in the regional development

8. 7. 91 Official Journal of the European Communities No C 177/13

programme for Greece, the Commission is financing
preliminary activities (e.g. studies).

(') OJ No L 175, 5. 7.1985.

WRITTEN QUESTION No 2921/90

by Mr Thomas Maher (LDR)

to the Commission of the European Communities

_(11 January 1991)_

(91/C 177/26)

_Subject:_ Food imports into the Community

Can the Commission state what is the current and most
up-to-date level of food imports, product by product, into
the Community for 1990?

Answer given by Mr Christophersen
on behalf of the Commission

_(7_ _March 1991)_

The Commission is sending direct to the Honourable
Member and to Parliament's Secretariat a set of tables
containing statistics — in value terms (ECU '000) and in
quantity terms (tonnes) — on food imports into the
Community in 1989 and in the first half of 1990, broken
down by product on the basis of the SITC Nomenclature.

The definitive figures for 1990 will be available at a later
date and published in the form of microfiches.

WRITTEN QUESTION No 2922/90

by Mrs Cristiana Muscardini (NI)

to the Commission of the European Communities

_(11 January 1991)_

(91/C 177/27)

_Subject:_ Stadel Weiach air disaster

Recent enquiries into the air disaster involving the Alitalia
DC 9 which crashed near Zurich have given rise to many
questions which, while not excluding pilot error, point to
serious shortcomings in respect of air-traffic control at
this airport affecting incoming flights.

Can the Commission confirm this? What safety criteria
can be said to be observed if, as is the current practice,
aircraft are not monitored up to completion of their

landing? Have European airports been classified in
accordance with their safety standards and, if so, what is
Zurich airport's rating?

Answer given by Mr Van Miert
on behalf of the Commission

_(14 February 1991)_

Airports are approved for operation in accordance with
ICAO standards. The level of safety equipment for
approach assistance is a function of the type of
operations, the terrain and the allowable weather
conditions for operation. In this respect Zurich is a
well-equipped airport.

The role of the air traffic controller is to maintain
adequate separation between aircraft during the
approach. The responsibility for maintaining adequate
separation between the aircraft and the ground rests with
the pilot, and systems are fitted to the aircraft for this
task.

There is no official list which gives rankings for the safety
levels of airports within Europe.

WRITTEN QUESTION No 2923/90

by Mrs Sylviane Ainardi (CG)

to the Commission of the European Communities

_(11 January 1991)_

(91/C 177/28)

_Subject:_ Impact of the implementation of dairy quotas on
employment in the agricultural and agrifoodstuffs sectors

The implementation of dairy quotas since 1984 has had
major repercussions on employment in many regions of
the Community (abandonment of dairy production by
many farms, closure of dairies, redundancies etc.).

Has the Commission carried out detailed studies on this
matter? What have been the repercussions of the
implementation of dairy quotas on employment, both in
farming sectors (farmers and farm-workers) and in the
agri-foodstuffs sector upstream and downstream of dairy
production?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(7_ _March 1991)_

The Commission has not undertaken any specific studies
on the repercussions of milk quotas on employment.

No C 177/14 Official Journal of the European Communities 8. 7. 91

However, the fifth and sixth EUROSTAT surveys on the
structure of the dairy industry in the Community show
that since the introduction of the quota scheme,
approximately 1 100 dairy enterprises have gone out of
business. It should be stressed, though, that the
rationalization of production methods, through more and
more efficient production and processing technology, is
also responsible for structural concentration in the milk
sector.

Furthermore, the study on 'Milk quotas — Their effects
on agriculture in the EC, published by EUROSTAT,
highlights a certain number of developments which
concern among others:

— the trend in the number of dairy farms;

— the size and breakdown by farm of the dairy herd;

— the breakdown, by age groups, of farmers owning
dairy cows;

— the trend in milk supplies, their breakdown by
processing plant and the changes observed in the
processing industries.

WRITTEN QUESTION No 2946/90

by Mr Alonso Puerta (GUE)

to the Commission of the European Communities

_(11 January 1991)_

(91/C 177/29)

_Subject:_ Llanes urban development project and
protection of the environment

The wetlands area belonging to the municipality of Llanes
(Asturias, Spain), which constitutes a natural heritage of
major ecological significance, is now seriously threatened
by an urban development plan drawn up by the municipal
authorities. This plan runs counter to the basic principles
embodied in Community environmental protection policy
whereby progress must be compatible with the protection
and conservation of wildlife, the natural landscape and
the environment.

1. Can the Commission make representations to the
Asturian authorities with a view to obtaining as much
information as possible concerning this urban
development plan and the measures they intend to
take to protect the natural heritage of the municipality
of Llanes?

2. If the project is implemented, can the Commission
ensure that the Asturian authorities correctly
implement Directive 85/337/EEC (') on the
assessment of the effect of certain public and private
projects on the environment and Directive
79/409/EEC ( [2] ) on the conservation of wild birds?

3. Does the Commission not consider that, given the
importance of this matter, it should, in cooperation
with the Asturian authorities, draw up a preventive
detailed study containing a description of the chief
consequences which the project in question could have
for the municipality of Llanes and any measures
needed to prevent possible unfavourable effects on the
environment.

(') OJ No L 175, 5.7.1985, p. 40.
O OJNoLl03,25.4.1979, p. 1.

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

_(4 April_ _1991)_

1 and 2. Matters relating to town and country planning
are the responsibility of the regional or national
authorities in the Member States, and the Commission
therefore has no powers of investigation in this field.

The Commission's departments keep a constant watch on
the implementation of Directives 85/337/EEC and
79/409/EEC.

3. The Commission is of the opinion that the
pinpointing and analysis of the possible consequences of a
particular project are part of the environmental impact
assessment procedure.

WRITTEN QUESTION No 2966/90

by Mrs Anita Pollack (S)

to the Commission of the European Communities

_(11 January 1991)_

(91/C 177/30)

_Subject:_ Toxic waste dumping in Nicaragua

Is the Commission aware of alleged US proposals to
dump toxic waste in Nicaragua, and what can be done to
enforce international agreements banning such trade in
toxic waste?

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

_(4_ _March 1991)_

The Commission has no information about the alleged
US proposals to dump toxic waste in Nicaragua. Such
dumping would have no negative impact on the territory
of the Community.

8. 7. 91 Official Journal of the European Communities No C 177/15

The Commission considers, however, that it is important
to note that the Basel Convention on the control of
transboundary movements of hazardous waste and their
disposal which has not come into force yet has been
signed by the United States but not by Nicaragua.

This convention aims at ensuring a more stringent control
of transboundary movements of hazardous wastes
resulting from commercial transactions and, in this
respect, it determines procedures for import, export and
transit. Furthermore the convention foresees that a Party
shall not permit hazardous wastes or other wastes to be
exported to a non-party or to be imported from a
non-party.

The Commission is of the opinion that the
implementation of the Basel Convention, as soon as this
convention enters into force, may be an important step to
ensure that the management of hazardous wastes
including their transboundary shipment and disposal is
consistent with the protection of human health and the
environment whatever the place of their disposal.

WRITTEN QUESTION No 2976/90

by Mr Richard Simmonds (ED)

to the Commission of the European Communities

_(18_ _January 1991)_

(91/C 177/31)

_Subject:_ Compliance with EC directives

What procedures has the Commission identified for
companies to challenge the public procurement practices
in Member States in the context of actual examples of
protectionism and the rigging of specific contract awards
in favour of national suppliers.

Answer given by Mr Bangemann
on behalf of the Commission

_(15 April_ _1991)_

The Commission constantly monitors the implementation
of Community rules on public procurement.

As soon as it becomes aware of a case of non-compliance
with the procedures in force (either through a complaint
from a firm, or through the systematic checks that it
carries out regularly by sampling methods), it approaches
the national authorities and, where necessary, initiates the
procedure provided for in Article 169 of the EEC Treaty.

The Commission will always be prepared to examine any
specific case that the Honourable Member might notify.

The Directives applicable to public works (*) and public
supply contracts (*) preclude the practices referred to in
the question as they provide for specific procedures
mainly intended to guarantee equality of opportunity for
firms wishing to tender for public contracts in the
Community; this includes in particular:

— prior information and notices of contracts awarded;

— in the case of the 'works' Directive, the obligation to
inform candidates or tenderers who so request of the
reasons for rejecting their applications or tenders;

— appropriate deadlines for the submission of
applications and tenders;

— the obligation on contracting authorities to refer to
European standards where they exist.

Where contracts are financed by Community funds,
failure to comply with the rules on public procurement
may lead to the suspension and recovery of payments.

Moreover, firms will have comparable legal safeguards
throughout the Community once the Member States have
adopted measures incorporating Directive 88/665/
EEC ( [3] ) into national law, i.e. the possibility of effective
and rapid remedies at national level against any decision
by a contracting authority. Their aim will be to annul or
suspend a procedure for the award of a contract or
compensate firms whose interests have been damaged.
Measures to incorporate this Directive into national law
must be taken by 21 December 1991 at the latest.

O OJ No L 210,21.7.1989.
O OJ No L 127,20. 5.1988.
O OJNoL395,30.12.1989.

WRITTEN QUESTION No 2985/90

by Mr Siso Cruelks (PPE)

to the Commission of the European Communities

_(18_ _January 1991)_

(91/C 177/32)

_Subject:_ Support for renewable and residual energy
sources and combined heat and power systems

Given the latest oil crisis and the increasing need to
reduce to a minimum our dependence on external energy

No C 177/16 Official Journal of the European Communities 8. 7. 91

sources, what specific measures is the Community taking
at present and what measures are under consideration
with a view to their early implementation in order to
promote renewable and residual energy sources and
combined heat and power systems?

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

_(19_ _March 1991)_

Since 1974 the Commission has been implementing a
major programme of research and development in the
field of non-nuclear energies including _inter alia_
renewable and residual energy sources and combined heat
and power systems. In 1978 a demonstration programme
designed to facilitate penetration on the market by new
technologies and including the areas mentioned by the
Honourable Member was launched by the Commission.
The various individual programmes will be continued
over the next few years.

Long before recent events in the Gulf, the Commission
decided to carry out a study on the economic and
technological development of renewable energy sources
upto the year 2010. This research will go ahead during
1991. The Commission will use the results and
conclusions of this study to direct the action it will take in
the next few years in the field of renewable energy

sources.

The Commission is currently working on a proposal for a
Council Decision for the promotion of renewable energy
sources in the Community. The proposal will focus on a
series of legislative and administrative standards, a
programme of support and assistance for the Member
States and the establishment of an information network
for renewable energy sources.

As regards the particular issue of combined heat and
power systems, the Commission will be continuing its
action to promote technological developments in the
context of its R&D programmes and the Thermie
programme. As stated in the recent proposal for a Council
decision concerning the promotion of energy
efficiency (*), should there be any commercial or
structural barriers to the growth of this type of energy
production, the Commission would make proposals
calling on the Member States to remove them.

(') COM(90) 365 final.

WRITTEN QUESTION No 2987/90

by Mr Siso Cruellas (PPE)

to the Commission of the European Communities

_(18_ _January 1991)_

(91/C 177/33)

_Subject:_ Funds provided by the EEC to promote
renewable and residual energy sources and
combined heat and power systems

What funds does the EEC currently provide to promote
renewable and residual energy sources and combined heat
and power systems and under which programmes?

What are the distribution details in this area for each
country, programme and type of energy over the last five
years?

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

_(8_ _March 1991)_

During the period 1985—1989 the Community allocated
a total of ECU 173,9 million to demonstration projects in
the sectors referred to by the Honourable Member.

This support was granted under successive regulations
implementing a demonstration programme in the energy
sector.

A new programme (THERMIE) was implemented in 1990
and focuses on the promotion of technologies ( [l] ). It offers
new opportunities compared with the former
programmes, such as support for dissemination projects
and targeted projects, measures associated with the
programme and the promotion of technologies in third
countries.

With regard to research and technological development
(RTD), the Community allocated a total of ECU 226,6
million during the period of 1986—1990 to the field of
non-nuclear energy, which covers the sectors referred to
by the Honourable Member or those related to them.

The Commission is forwarding direct to the Honourable
Member and to the Secretariat of the European
Parliament tables containing respectively:

— details by sector and country of the projects supported
in the demonstration programme;

8. 7. 91 Official Journal of the European Communities No C 177/17

— details by sector and country of the projects in the
third RTD programme (1985—1988)0 and the
fourth programme (JOULE) (1989-1992) ( [3] ).

(') OJNoLl85,17.7.1990.
O OJ No L 83,25. 3.1985.
0 OJNoL98,11.4.1989.

WRITTEN QUESTION No 2991/90

by Mr Jose Barros Moura (CG)

to the Commission of the European Communities

_(18_ _January 1991)_

(91/C 177/34)

_Subject:_ Wages of industrial workers in Portugal

According to Eurostat statistics there has been a
deterioration in the situation of Portuguese industrial
workers measured in terms of their relative purchasing
power: it was already the lowest in the Member States of
the Community and has now fallen still further. Thus,
while in October 1985 a Portuguese worker earned on
average 2,1 times less than his counterparts in other
Community countries, by April 1989 he was earning 2,5
times less. Over the same period of time the wages of a
Danish worker increased from twice to three times that of
his Portuguese counterpart. Expressed in ECU the result
would be even more unfavourable.

At the same time employees' salaries — though not as low
as workers' wages — are still the lowest in the
Community.

The substantive injections of Structural Funds resources
as part of measures to promote economic and social
cohesion have had little impact.

Will the Commission therefore explain how integration is
thus increasing disparities between Member States and
social disparities within one Member State, instead of
reducing them? Would it also explain what is meant in this
context by wage restraint which the Commission's report
on the Portuguese economy advocates should be
maintained and strengthened?

Answer given by Mr Christophersen
on behalf of the Commission

_(18_ _March 1991)_

The Eurostat figures to which the Honourable Member
refers (*) must be appraised very carefully: they are gross

hourly wages in manufacturing industries and therefore
do not include bonuses and other advantages paid to wage
earners; furthermore, they are influenced by the number
of working hours which are notoriously higher in
Portugal than elsewhere in the Community. A comparison
of net monthly wages ( [2] ) would give a somewhat less
contrasted picture; unfortunately data for 1989 are not
yet available and data for 1988 are not available for all EC
countries. However, the ratio to the highest wage
country, which is a rather more arbritary measure, can
still be computed: whereas this ratio for gross hourly
wages moves from 2,7 in 1985 to 3,1 in 1989 (which is
different from the factor of 2 to 3 between Denmark and
Portugal stated in the question), for net monthly wages it
moves from 2,1 in 1985 to 2,4 in 1988. Moreover, data
available for gross hourly wages since 1980 ( [3] ) show that
if the comparison of levels in Portugal and in the
Community is worsening from 1980 to 1985, an
improvement appears in 1989.

During the period 1985—1989, in Portugal, gross hourly
wages in industry, deflated by the consumer price index,
increased at an annual average rate of almost 2 %. Gross
compensation per employee (a larger definition of
earnings, not affected by working hours and generally
used in official forecasts), shows, after having been
deflated, a rate of increase twice the Community average
(see Table 1). Similarly, the level of compensation per
employee in Portugal compared to the Community
increases by 4,7 % from 1985 to 1990 (see Table 2).

These measures confirm the widespread perception that
integration has initiated a catching-up process, which
however starts from a very low base. Also, inflation has
strongly eroded the purchasing power of salary earners
(see Table 1). Under these circumstances, it is not
surprising that fighting inflation is given absolute priority
in Portugal. Although wage developments have not been
the prime source of inflationary pressures in Portugal in
recent years, the level of unemployment is so low that this
could easily change under strong demand pressures.

Since disinflation is necessary to consolidate the
catching-up process, the case for wage moderation
presented in the Commission report cannot be based on
efficiency grounds alone. Aside from enabling Portugal to
participate in the exchange rate mechanism (and in
EMU), it is also called for by the objective of economic
and social cohesion.

( [l] ) Figures for April 1989 published on 'Rapid reports 1990/8'

and unpublished figures for October 1985.
O Denominated in PPS.
( [J] ) Denominated in ECU.

No C 177/18 Official Journal of the European Communities 8. 7. 91

TABLE 1

Compensation per employee in manufacturing industry

(1985 - 100)

1986-1989

16,3

11,6

4,2

5,1

5,7

3,6

2,0

2,8

1989

182,9

12,6

155,4

12,8

117,7

- 0, 2

121,8

2,7

125,0

5,9

115,3

4,6

108,3

1,2

111,7

2,9

1987

146,9

18,9

125,3

10,0

117,3

8,0

114,2

4,8

111,8

5,9

106,6

3,2

104,9

2,7

103,8

2,5

1988

162,4

10,6

137,7

10,0

117,9

0,5

118,7

3,9

118,0

5,5

110,3

3,4

107,0

2,0

108,5

4,5

_Portugal_

nominal compensation

%ch.

private consumption deflator

%ch.

real compensation

%ch.

productivity

%ch.

_EUR 9 (a)_

nominal compensation

%ch.

private consumption deflator

%ch.

real compensation

%ch.

productivity

%ch.

1986

123,6

23,6

113,8

13,8

108,6

8,6

109,0

9,0

105,6

5,6

103,3

3,3

102,2

2,2

101,2

1,2

(a) EUR 9: EUR 12 excluding Greece, Ireland and Portugal.

TABLE 2

Compensation per employee in manufacturing industry

EUR 10 (a)

PPS

% change

-0,4

-0,5

 - 5, 7

 - 5, 1

-2,0

2,1

4,8

-2,3

-0,9

1,0

-13,2

4,7

1980

1981

1982

1983

1984

1985

1986

1987

1988

1989

1990 («)

1981-1985

1986—1990

1/1 000

51,1

50,9

50,6

47,7

45,3

44,4

45,3

47,5

46,4

46,0

46,5

(a) EUR 10: EUR 12 excluding Greece and Portugal.
(') Commission forecasts (October—November 1990).

8.7.91 Official Journal of the European Communities No C 177/19

WRITTEN QUESTION No 2994/90

by Mr Jose Barros Moura (CG)

to the Commission of the European Communities

_(18_ _January 1991)_

(91/C 177/35)

_Subject:_ ESF measures relating to the restructuring of
industrial enterprises

The Court of Auditors' annual report for 1989 concludes,
notably, that 'a tendency to concentrate sums allocated to
restructuring on large companies is often observable. In
contrast, small and medium-sized companies, which are
not adequately informed on these matters, are often
obliged to make use of consultants for the purpose of
obtaining movement on and follow-up of their ESF files.
These intermediaries, in return for the services they
render to the small and medium-sized companies
concerned, may absorb as much as 30% of the ESF
aid.'... 'The company justifies the whole of its training
costs by submitting invoices issued by its own training
centre.' The Commission is losing control over on-site
measures. It _is_ unable to control costs. ESF funds are
therefore used to subsidize production rather than
training, given the nature of costs included in the training.

Will the Commission explain how appropriations
intended to promote training are improperly used to
finance large undertakings and consultancy agencies?

WRITTEN QUESTION No 43/91

by Mrs Raymond Dury (S)

to the Commission of the European Communities

_(1 February 1991)_

(91/C 177/36)

_Subject:_ Difficulties experienced by SMUs in obtaining
ESF assistance

According to the Court of Auditors report, SMUs
experience difficulties, in comparison with large
businesses, in gaining access to ESF assistance for
industrial restructuring. SMUs are obliged to engage
consultants to ensure and monitor the progress of their
applications through the labyrinthine working of the
Community. What steps does the Commission intend to
take to remedy this situation?

Joint answer to Written Questions Nos 2994/90 and 43/91

given by Mrs Papandreou
on behalf of the Commission

_(12 March 1991)_

As the Commission pointed out in replying to the Court
of Auditors' observations, recourse to subcontractors and

other intermediaries — although admittedly their cost
should be reduced — does not necessarily involve abuse.
The ESF does not seek to establish direct contact with the
final users of its funds.

Under the 1988 reform, the problem was tackled
by adopting a programme-based approach, the
implementation of each programme being entrusted to a
decentralized department or responsible body which acts
as an intermediary between the Community (and, where
appropriate, central government of the Member State)
and the host of bodies involved in implementing the

programme.

The Commission considers that this enables the function
of intermediary to be carried out in a rational and
responsible manner _vis-a-vis the_ Community authorities.

With respect to the business practice of charging to the
ESF certain expenditure relating to training financed by
the ESF, in replying to the Court of Auditors the
Commission stated that this type of training did raise
problems of identification of expenditure in company
accounts. Company accounts are kept not to answer
questions likely to arise concerning the cost of training
operations, but to satisfy the requirements of a
production activity. Under the 1988 reform, with respect
to the ESF, this problem was dealt with by establishing a
typology of standard costs which could be used as
reference in assessing the cost of the various types of
training operation.

WRITTEN QUESTION No 2996/90

by Mr Eolo Parodi (PPE)

to the Commission of the European Communities

_(18 February 1991)_

(91/C 177/37)

_Subject:_ Freedom of movement for acupuncturists

In connection with Directive 89/48/EEC (*) on the
mutual recognition of higher-education diplomas, in
certain Member States persons without medical
qualifications are authorized to practise acupuncture
professionally. However, acupuncture is a form of
medical treatment and, in view of its major health
implications and possible secondary effects, it cannot be
practised by unqualified persons without placing patients
in danger.

No C 177/20 Official Journal of the European Communities 8. 7. 91

1. Does the Commission know what qualifications are
required of acupuncturists in the different Member
States?

2. What measures does it intend to take to prevent the
free movement of medically unqualified
acupuncturists, which could assume dimensions
proportional to the interest aroused by this discipline,
with corresponding risks to the health of European
citizens?

O OJNoL19,24.1.1989, p. 16.

Answer given by Mr Bangemann
on behalf of the Commission

_(4 March 1991)_

Neither the 'doctors' Directives (75/362/EEC and
75/363/EEC) (') nor any other provision of Community
law prevent a Member State from reserving, in accordance
with its own legislation and on its own territory, the
practice of the healing arts for doctors only. Nor do they
prevent Member States from allowing professional
persons who are not doctors, practise such activities. For
want of any coordination of Community level, this
question is, therefore, a matter solely for the Member
State concerned. In line with the Court's decision in
_Bouchoucba_ ( [2] ), a host Member State may also withhold
from a Community national who has acquired in another
Member State a qualification entitling him lawfully to
practise healing activities there without being a doctor,
permission to do so in its own territory in cases where it
reserves such activities for doctors only.

The recognition of diplomas by Member States in which
acupuncture can be lawfully carried out by professional
persons who are not doctors can be secured by applying
Directive 89/48/EEC — adopted by the Council on 21
December 1988 — on a general system for the recognition
of higher-education diplomas awarded on completion of
professional education and training of at least three years'
duration. However, the Directive requires that, to be
valid, the diploma in question should _inter alia_ be, both in
the Member State of origin or provenance and in the host
Member State a higher-education diploma awarded on
completion of at least three years' training.

The Directive will be supplemented by the proposal for a
Council Directive on a second general system for the
recognition of vocational training (*), which is still being
discussed in the Council.

These two instruments illustrate the Commission's new

approach to the recognition of diplomas and are
distinguished by their general nature; they are no longer
'sectoral', i.e. aimed at a given profession or group of
professions, and deliberately disregard any prior

coordination of training or professional activities by
Member States.

The Commission, therefore, is not planning to put
forward specific proposals on acupuncturists who are not
doctors.

O OJ No L 167,30.6.1975.
( [2] ) Case C-61/89, not yet reported.
O OJ No C 263,16.10.1989, OJ No C 217,1.9.1990.

WRITTEN QUESTION No 3005/90

by Mr Gianfranco Amendola (V)

to the Commission of the European Communities

_(18 January 1991)_

(91/C 177/38)

_Subject:_ Implementation of the European Parliament's
1987 resolution on the elimination of all forms of

motorway tolls

In view of the resolution (Doc. A 2-134/87) in which the
European Parliament called on the Commission to
'formulate proposals for the very gradual phasing out of
all forms of motorway tolls, with the exception of
extremely costly infrastructure projects such as tunnels
and bridges', and given that specific action must be taken
promptly to make optimum use of the motorway network
and thus obviate the need to build superfluous roads that
merely add to the burden on the environment in all
manner of ways, has the Commission acted on that
resolution — and, if so, how — and what measures is it
planning in this regard?

Answer given by Mr Van Miert
on behalf of the Commission

_(19 March 1991)_

With a view to the financing of the construction of
motorways, the Commission is of the opinion that, in the
short and medium run, it would be unrealistic to enforce a
scheme for the abolition of toll-motorways.

For the other elements of his question, the Honourable
Member is referred to the answer given to oral question
NoH-1024/90 by Mr Bettini during the January 1991
session of the European Parliament (').

( [l] ) Debates of the European Parliament, No 3-398, 3-399
(January 1991).

8. 7. 91 Official Journal of the European Communities No C 177/21

WRITTEN QUESTION No 3011/90

by Mrs Brigitte Ernst de la Graete (V)

to the Commission of the European Communities

_(18 January 1991)_

(91/C 177/39)

_Subject:_ The Bosnian affair — freedom of movement for
professional sports players

On several occasions, in the context of the Bosman affair,
the Belgian football authorities have made reference to
their excellent relations with the President of the

Commission. In this connection, we came across the
following statement by Mr Christian D'Hooghe,
President of the Belgian Football Association, in the
Belgian press:

'The most striking example is the legally justified but
in practice worrying aim of the EEC to promote
freedom of movement for football employees within
the common market. Mr Jacques Delors, who
regularly attends matches here, has applied the brakes
but not a month passes without his colleagues, who
can't tell a footballer from a bricklayer, trying to speed
things up.' _(La Derniere Heure,_ 18 October 1990).

What does the Commission think of these somewhat

surprising claims?

Answer given by Mr Bangemann
on behalf of the Commission

_(12 March 1991)_

The Commission does not normally comment on
statements of this nature appearing in the press.

The Honourable Member is referred to the debate on

footballers which took place during question time at
Parliament's February 1991 part-session (').

(') Debates of the European Parliament No 3-400, 3-401
(February 1991).

WRITTEN QUESTION No 3012/90

by Mrs Brigitte Ernst de la Graete (V)

to the Commission of the European Communities

_(18 January 1991)_

(91/C 177/40)

_Subject:_ Failure to comply with the judgment given in
Dona v. Mantero

The above judgment was given in 1976 but so far has
remained a dead letter. How does the Commission justify
this statle of affairs ?

Answer given by Mr Bangemann
on behalf of the Commission

_(5_ _April 1991)_

Since 1978 the Commission has had many contacts with
the national associations and UEFA in an attempt to
secure an undertaking on the part of the national
federations to put an end to discrimination altogether.

In 1990 the Commission again started talks (which are
still going on) with the organizations concerned, in
particular in view of the proposal adopted by the national
football associations on 31 January 1990 in Stockholm,
which in effect provides that a greater number of foreign
players may be chosen for a match.

The Commission has on several occasions emphasized
that clubs must adhere to the principle of nondiscrimination on grounds of nationality, but has made it
clear that, subject to compliance with Community law, it
is willing to take into account the complex nature of the
organization of the sport and the constraints on the
composition of clubs.

Professional players can of course invoke the case-law of
the Court of Justice directly before their national courts,
whether it is a public authority or a sporting organization
which is responsible allegedly for discrimination. They
could, as Community workers, have clauses in collective
rules or individual contracts which restrict the fielding of
foreign players declared null and void in the case of
Community players.

On the other hand, initiating infringement procedures
under Article 169 of the EEC Treaty would give rise to
special problems, in that it is private persons rather than
public authorities who are responsible for the restrictions
on the number of players who may be fielded.

Parliament itself has adopted a cautious approach with
regard to the possible initiation of infringement
procedures to deal with these matters (').

O Janssen van Ray Report, PE 127.478 def.

WRITTEN QUESTION No 3017/90

by Mr Michael Welsh (ED)

. to the Commission of the European Communities

_(28 January 1991)_

(91/C 177/41)

_Subject:_ Car seat belts for children

The current British standard for children's seat belts

includes a crotch strap to prevent the child from sliding
out of the harness. The Commission is preparing a
European standard based on the Economic Commission
for Europe standard (ECE44) under which a crotch strap
is optional. Can the Commission say whether there is anv

No C 177/22 Official Journal of the European Communities 8. 7. 91

scientific evidence available which would justify not
making a crotch strap compulsory under the proposed
Community standard?

Answer given by Mr Bangemann
on behalf of the Commission

_(4 April_ _1991)_

The Commission's services raised the Honourable
Member's question at a recent meeting of European
experts on vehicle safety standards.

Expert opinions on the advantages and disadvantages of
the crotch strap were divided. Until more scientific
evidence is available it will not be possible to draw firm
conclusions, as to the necessity of making the crotch strap
mandatory rather than optional.

WRITTEN QUESTION No 3033/90

by Mr Victor Manuel Arbeloa Muru (S)

to the Commission of the European Communities

_(28_ _January 1991)_

(91/C 177/42)

_Subject:_ Fee levels established by professional
associations

Does the Commission consider that the fixing of
minimum professional fees practised by some
professional associations in certain Member States may be
viewed as a form of discrimination against professionals
from other Member States, tending to reinforce national
barriers and thus constituting an obstacle to the economic
interpenetration inherent to the internal market?

Answer given by Mr Bangemann
on behalf of the Commission

_(2 7_ _March 1991)_

National rules which authorize or require professional
bodies to set minimum fees are not contrary to the rules
on freedom of establishment laid down in the EEC
Treaty, provided they apply without distinction to the
nationals of that Member State and of others.

However, the Court of Justice has consistently held that
Article 5 of the Treaty, read in conjunction with Article 3
(f) and Article 85, Article 86 or both, prevents Member
States from adopting or maintaining in force any measure
which could deprive the competition rules in the Treaty of
their effectiveness. That would be the case if national

rules were to require or favour a restrictive practice
contrary to Article 85 (1) or the abuse of a dominant
position contrary to Article 86, or to reinforce its effects.

WRITTEN QUESTION No 3040/90

byMrElioDiRupo(S)

to the Commission of the European Communities

_(28_ _January 1991)_

(91/C 177/43)

_Subject:_ Restrictions on free competition in fertilizers

Owing to the availability of low-cost natural gas, the
Netherlands has become quite an important producer of
fertilizers.

However, a complaint has been lodged with the European
Communities by two French companies, 'CDF Chimie et
fertilisants' and 'Soci6t6 Chimique de la Grande Poisse'
against the Dutch company 'Gasunie' on the grounds that
the latter has allegedly been supplying Dutch
manufacturers of ammonia with gas at preferential rates
since November 1983.

As this practice, if confirmed, would represent a
restriction on free competition and would pose a direct
threat to some Belgium companies, including the 'SA
Kemira-Tertre', could the Commission state its own
conclusions, the latest developments in the situation and
any measures which it has taken on this matter?

Answer by Sir Leon Brittan
on behalf of the Commission

_(4 April_ _1991)_

In 1983, acting on a complaint lodged by the Association
of the French Nitrogenous Fertilizer Industry _(Syndicat_
_Jrancais des projessionnels_ _de_ _I'industrie_ _des engrais_ _azotes),_
the Commission initiated proceedings under Article 93 (2)
in respect of special rebates granted to Dutch ammonia
producers, by means of a two-tier tariff structure, the
result of which was to reduce the cost of natural gas which
they used as a feedstock. The Dutch Government put an
end to the disputed tariff system with effect from 1
November 1983, replacing it by a new structure; the
Commission decided that the new structure no longer
contained any aid element. The companies Society CdF
Chimie et Fertilisants and Societ6 Chimique de la Grande
Paroisse brought an action challenging this decision
before the Court of Justice (Case C-169/84). In July 1990
the Court annulled the decision.

The Commission is currently considering the legal
position created by this judgment; it will be studying the
facts of the case as they now present themselves (the

8. 7. 91 Official Journal of the European Communities No C 177/23

disputed tariff system has been changed in the meantime)
with a view to taking whatever decision is appropriate.

If the Commission finds that there is still distortion of

competition its decision will certainly be aimed at
eliminating it.

WRITTEN QUESTION No 3062/90

by Mrs Mary Banotti (PPE)

to the Commission of the European Communities

_(28 January 1991)_

(91/C 177/44)

_Subject:_ Disabled right to vote

Could the Commission inform me whether it would be

prepared to issue a recommendation to all Member States,
in particular three Member States including Ireland,
pointing out that the disabled should be allowed to vote in
all elections, national and European, by post? Such a
recommendation would be in accordance with the aims of

a 'People As Europe', for all citizens of Europe.

Answer by Mr Bangemann
on behalf of the Commission

_(4 April 1991)_

The Commission considers that the problem referred to
by the Honourable Member is in principle a matter for the
electoral law of each of the Member States.

WRITTEN QUESTION No 20/91

by Mr Jean-Pierre Raffarin (LDR)

to the Commission of the European Communities

_(1 February 1991)_

(91/C 177/45)

_Subject:_ Funding for a sheep market

In his answer to my Written Question 2401/90 (*), Mr
MacSharry points out that the plans for the sheep market
in Vasles in the Departement of Deux-Sevres did not
comply with the conditions laid down in Council
Regulation (EEC) No 355/77 of 15 February 1977 ( [2] ),
and indicates that funds could be granted for that project
under Council Regulation (EEC) No 4256/88 of 19
December 1988 ( [J] ).

Could the Commission state the reasons for refusal in

respect of Regulation (EEC) No 355/77 and the
conditions required for funding under Regulation (EEC)
No 4256/88?

O OJNoC 130,21.5.1991, p. 14.
O OJNoL51,23.2.1977,p. 1.
O OJ No L 374, 31.12.1988, p. 25.

Answer by Mr Mac Sharry
on behalf of the Commission

_(7 March 1991)_

On 20 December 1990 the Commission, having received a
favourable opinion from the Committee for Agricultural
Structures and Rural Development, adopted the Decision
C(90) 2381/422 refusing aid from the Guidance Section
of the EAGGF for the project entitled: 'Construction of a
sheep market at Vasles Deux-Sevres' (90.41.FR.009.0).

The reasons for refusal are clearly indicated in the
abovementioned Decision and can be summarized as

follows:

— the project concerns the development of the sheep fair
at Vasles which is situated close to the town of

Parthenay where an important livestock auction mart
already exists;

— the French specific programme for livestock auction
marts only permits the financement of sheep fairs on
condition that a livestock auction mart does not exist

nearby.

Furthermore, a detailed re-examination of the file has led
to the conclusion that there is no possibility of financing
this project from another line of the Community budget.

WRITTEN QUESTION No 24/91

by Mr Jean-Pierre Raffarin (LDR)

to the Commission of the European Communities

_(1 February 1991)_

(91/C 177/46)

_Subject:_ Community rules on occupations relating to
hazardous sports

The profession of mountain guide covers a wide range of
activities: mountain skiing, mountain walking, rock
climbing, mountaineering, etc.

As this occupation involves hazardous activities, the
professionals engaged in it require the highest quality
training, and, with a view to the single market,
Community rules should be drawn up for the profession.

No C 177/24 Official Journal of the European Communities 8. 7. 91

It would be unacceptable for inadequately-trained
persons to turn up after the beginning of 1993 and be
allowed to carry on an activity which could endanger the
lives of their clients.

Is the Commission aware of the problem and does it
intend to produce a European directive on occupations
involving hazardous sports?

Answer by Mr Bangemann
on behalf of the Commission

_(4 April_ _1991)_

Recognition of the qualifications of mountain guides
could fall within the scope of the proposal for a Council
Directive on a second general system for the recognition
of professional education and training ('). The approach
taken in the proposal is the same as that adopted by
Council Directive 89/48/EEC of 21 December 1988 on a
general system for the recognition of higher education
diplomas awarded on completion of professional
education and training of at least three years' duration (*).
The system which the proposal would introduce would
thus apply across the board rather than to specified
occupations, and would not require any prior
coordination of the training given in different Member
States or of the definitions of the particular occupations
covered. Of course, this would not mean that just anyone
would be entitled to act as a mountain guide in France,
irrespective of whether he had received proper training
and regardless of the danger to his clients' lives. The
proposal includes a number of safeguards in this respect.
In particular, the host Member State would always be
entitled to assess a migrant's qualifications by reference to
the qualifications it demanded of its own nationals.

The Commission therefore does not envisage proposing a
directive that deals specifically with occupations involving
hazardous sports.

(*) OJ No C 263, 16. 10. 1989; amended proposal OJ No C 217,

1.9.1990.
O OJNoL 19,24.1.1989.

WRITTEN QUESTION No 42/91

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(1 February 1991)_

(91/C 177/47)

_Subject:_ List of activities connected with the exercise of
official authority

Free movement of persons and the right of establishment
will entail civil service posts in one Member State being

opened to nationals of other Member States. Exceptions
are made for activities which are connected, even
occasionally, with the exercise of official authority. Has a
list of such activities been drawn up jointly by the Member
States ? If not, what are the deciding criteria ?

Answer by Mrs Papandreou
on behalf of the Commission

_(13 March 1991)_

At the moment there is no agreed list of the functions or
activities in national civil services which may be exercised
only by nationals of the Member State in question.

Furthermore, the Commission has taken the view (see the
communication published in Official Journal No C 72 on
18 March 1988) that there is no need to propose new
Community legislation, given the direct effect of Article
48 of the EEC Treaty and the ample case law of the Court
of Justice, which has put a strict construction on this
exception and clearly defined its scope of application.

The principles set out in the Treaty (freedom of
movement and equal treatment) accordingly constitute
the rule in this area, while the provision relating to
employment in the public service is the exception.

The Court has held that Article 48 (4) does not exclude
from the scope of freedom of movement all employment
in the public service but only those posts which 'involve
direct or indirect participation in the exercise of powers
conferred by public law and duties designed to safeguard
the general interests of the State or of other public
authorities, and which therefore require a special
relationship of allegiance to the State on the part of
persons occupying them and reciprocity of rights and
duties which form the foundation of the bond of
nationality' (Cases 149/79, 307/84, 225/85, 66/85 and
33/88). The same 'functional' approach was evident in the
Court's rulings interpreting the first paragraph of Article
55 of the Treaty (Cases 2/74 and 147/86). The criterion
by which the employment at issue must be judged is a
material test based on the activities and responsibilities it
involves.

On the basis of the principles and tests referred to above,
the Commission has been conducting a systematic
operation since 1988 designed to liberalize access to posts
in a number of national facilities (such as operational
public health services, teaching in state schools, research
for non-military purposes in public establishments, and
agencies operating commercial services) which are
obviously sufficiently far removed from the specific
activities of public administration as defined in the cases

8. 7. 91 Official Journal of the European Communities No C 177/25

and do not therefore qualify for exemption under Article
48 (4).

A landmark in this operation was the Commission's recent
decision to commence infringement proceedings under
Article 169 against all the Member States concerned.

WRITTEN QUESTION No 53/91

by Mr Henry McCubbin (S)

to the Commission of the European Communities

_(6 February 1991)_

(91/C 177/48)

_Subject:_ Use of 12 star logo and the title EEC

Would the Commission please state whether the 12 star
logo and the title EEC is registered?

Would they also indicate whether approval is required for
their use by private companies?

Finally, have they had any cases reported to them of
companies and individuals using the logo and the title for
business purposes in such a way as to make the public
believe they were official organs of the European
Community?

Answer by Mr Delors
on behalf of the Commission

_(19_ _March 1991)_

WTPO was notified of the name 'European Economic
Community' and the acronym 'EEC and of the European
flag/emblem under Article 6b of the Paris Convention.

The European flag/emblem was notified by the Council
of Europe in 1955. In 1979 the Committee of Ministers of
the Council of Europe approved a recommendation
inviting the Member States to adopt the necessary
legislation to give the emblem at least the same level of
protection as their national flags.

The European emblem may be used by third parties
provided:

— its use is not likely to lead to confusion regarding the
identity of the user and the European Community or
the Council of Europe;

— it is not associated with activities that are incompatible
with the principles and aims of the European
Community or the Council of Europe.

When the emblem is used for business purposes in
combination with the distinctive trademark of a private
company the above situations would not usually occur.

The Commission departments are prepared to examine
specific plans to ensure that the above situations do not

occur.

The name 'European Economic Community' and the
acronym 'EEC were registered by the Commission in
1979. Quite separately from the specific legislation to
protect the name of legal persons, the above conditions
are more strictly enforced where use of the Community's
name could clearly lead to confusion in the public mind
with respect to the user's identity.

The answer to the last question is in the affirmative.

WRITTEN QUESTION No 56/91

by Mr Madron Seligman (ED)

to the Commission of the European Communities

_(6 February 1991)_

(91/C 177/49)

_Subject:_ University education in another Member State

With the advent of the single market and the mobility of
labour promoted by the Commission, citizens of the EC
will increasingly live and work in each others' Member
States.

Provision has already been made for their children to
receive university or other tertiary education — subject to
their meeting certain educational criteria — in either the
host Member State or in that in which the parents were
originally domiciled.

However, only the cost of tuition is covered and not the
costs of living in college, hall of residence or lodgings, so
that the children of migrant workers could be barred from
pursuing their studies in their parents' 'home country',
where they themselves may wish to settle permanently in
due course. They might moreover lack the requisite
linguistic skills to take advantage of a university or
comparable course in the host country.

How does the Commission propose to address this
problem?

Answer by Mrs Papandreou
on behalf of the Commission

_(18_ _March 1991)_

According to the consistent jurisprudence of the
European Court of Justice, the principle of non

No C 177/26 Official Journal of the European Communities 8. 7. 91

discrimination on grounds of nationality (Article 7 of the
EEC Treaty) is applicable to assistance intended to cover
registration or tuition fees charged for access to training,
including university or higher education. At the present
stage of development of Community law, maintenance
grants to students fall outside the scope of the EEC
Treaty.

However, according to a recent judgement (case C —
308/89 Carmina di Leo v. Land Berlin) financial
assistance provided by a Member State to its own
nationals for undertaking studies abroad should be also
provided under the same conditions to Community
migrant workers' children wishing to undertake studies
outside the host Member State's territory.

In the framework of the Erasmus programme, the
Commission offers mobility grants to students who wish
to spend a period of study at a University of another
Member State. These grants may also cover the expenses
for the requisite linguistic preparation of such students.
Students participating in this scheme are dispensed of
registration fees in the host university, and they are
entitled to continue to benefit from the maintenance

grants which they received at the home university.

As far as the acquisition of linguistic skills during
compulsory education is concerned, relevant provision
has been made in Directive 77/486/EEC of 25 July
1977 0 .

O OJ No L 199,6. 8.1977.

WRITTEN QUESTION No 62/91

byMrElioDiRupo(S)

to the Commission of the European Communities

_(1 February 1991)_

(91/C 177/50)

_Subject:_ Parapharmaceutical products

The directive on advertising of medicinal products for
human use (COM(90) 212 final) does not cover
parapharmaceutical products (vitamins, dietary products,
suntan products, etc.) since these do not count as
medicinal products in the strict sense. However, such
products lie just outside the notion of medicinal product
and the distributors often present them in such a way as to
generate confusion in the minds of the public as to their
medicinal nature. And yet, these products are not subject
to any of the controls to which medicinal products are
subject.

Does the Commission not agree that regulations should
also be introduced on advertising and claims concerning
parapharmaceutical products, with the aim of applying
rules similar to those applicable to medicinal products for
human use, given that parapharmaceutical products often
refer to their effect on the health or well-being of
persons?

Answer by Mr Bangemann
on behalf of the Commission

_(5_ _April 1991)_

The parapharmaceutical products referred to by the
Honourable Member fall outside the definition of

medicinal products established by Council Directive
65/65/EEC O and are therefore either foodstuffs

(vitamins, dietary products) or cosmetic products (sun tan
products).

Directive 79/112/EEC ( [2] ) governs the advertising of
foodstuffs, and its general rules to prevent consumers
being misled apply to the advertising, presentation and
labelling of foodstuffs. The Directive bans all claims, even
if well-founded, which attribute to any foodstuff the
property of preventing, treating or curing a human
disease or which refer to such properties. The
Commission is currently looking into both the expediency
of proposing specific provisions for those of the products
in question which are foodstuffs, and the nature and
scope of such provisions.

Similarly, Council Directive 76/768/EEC on cosmetic
products ( [3] ) bans from the labelling, presentation and
advertising of such products any attribution of properties
they do not possess.

Lastly, parapharmaceutical products are clearly subject to

- Council Directive 84/450/EEC on misleading
advertising ( [4] ): any advertising attributing the property of
curing or preventing a human disease to a product not
authorized as a medicinal product would certainly
constitute a case of misleading advertising within the
meaning of this Directive.

O OJ No 22,9.2.1965.
O OJ No L 33, 8. 2.1979.
O OJ No L 262,27. 9.1976.
O OJNoL250,19.9.1984.

WRITTEN QUESTION No 71/91

by the following members: Mr Carlos Perreau de Pinninck

Domenech, Mr Jose Ruiz-Mateos Jimenez de Tejada,

Mr Christian de la Malene and Mr Mark Killilea (RDE)

to the Commission of the European Communities

_(6 February 1991)_

(91/C 177/51)

_Subject:_ Storage of radioactive mercury waste

As a result of the continued storage of radioactive
mercury waste with no safeguards (since the waste is
being stored in drums outdoors) in Almaden, in the
province of Ciudad Real (Spain), the safety of the
inhabitants of this area is in serious danger and the
slightest accident could cause a disaster whose
consequences would be incalculable. Moreover, there are

8. 7. 91 Official Journal of the European Communities No C 177/27

plans to build a mercury waste incinerator plant in the
region.

This is occurring in a region of the European Economic
Community, which claims to be the 'green Europe' of the
future.

In view of this serious situation, can the Commission not
take immediate steps to reduce in some way the grave risk
of contamination currently facing the area?

Answer by Mr Ripa di Meana
on behalf of the Commission

_(4 April_ _1991)_

The Commission has received a number of complaints
concerning the storage of wastes containing mercury as
described by the Honourable Members. The
Commission's departments recently sent requests for
information to the Spanish authorities, who asked for
additional time to supply these particulars. The
Commission will decide what action to take on the basis

of this information.

There is currently a lack of installations capable of
dealing with mercury wastes in the Community. Any
initiative which enabled such wastes to be decontaminated
and the mercury to be recovered under satisfactory
conditions from an environmental point of view would
certainly lead to an improvement in the common waste
management system.

WRITTEN QUESTION No 90/91

by Mr Victor Manuel Arbeloa Muru (S)

to the Commission of the European Communities

_(6 February 1991)_

(91/C 177/52)

_Subject:_ Cane cutters from Haiti in the Dominican
Republic

Is the Commission aware of the situation of Haitian cane
cutters working on plantations in the Dominican
Republic? Their working day is from sunrise to sunset,
they are paid in vouchers which can be exchanged for
food and they live in overcrowded conditions in sugar
refineries which are difficult to get out of and where they
lack water, electricity, medical assistance and schools for
their children.

Haiti and the Dominican Republic are the most recent
signatories to the Lome Convention, and the Commission
has repeatedly stated its intention to link aid to respect
human rights. Has any action been taken, or is any
planned, to remedy the above situation?

Answer by Mr Marin
on behalf of the Commission

_(19 April_ _1991)_

The Commission is fully aware of the problem arising
from the presence in the Dominican Republic of large
numbers of Haitian migrant workers. This matter was
given specific attention during the talks which Mr Mann
had with President Balaguer and President Aristide
during his recent visit to the island, which highlighted the
political concern generated by this issue both in the host
country and in Haiti.

Under the fourth Lome Convention, to which Haiti and
the Dominican Republic are now signatories, the
Commission could look into ways of supporting measures
to help resolve the problem, notably in the context of the
provisions on regional cooperation, should the countries
concerned so request.

The Commission is aware of the obligations deriving
from the Convention with regard to respect for human
rights and can assure the Honourable Member that it will
continue to monitor the situation.

WRITTEN QUESTION No 113/91

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(11 February 1991)_

(91/C 177/53)

_Subject:_ Prevention of occupational disease

At a time when European powers in respect of industrial
safety and health are being consolidated, specific research
at Community level is needed to initiate preventive
measures against occupational disease. Plus for example,
back complaints which particularly affect drivers of motor
driven vehicles as a result of the vibration, are the same
whether the victim is a German, Belgian or British driver.
Coordinated studies should be carried out in order to
reach preventive solutions.

Has the Community taken any action for this purpose. If
so, what are the details and if not, why not?

Answer by Mrs Papandreou
on behalf of the Commission

_(12_ _March 1991)_

Under the EEC Treaty, the Commission supports
Community research on the prevention of occupational

No C 177/28 Official Journal of the European Communities 8. 7. 91

diseases, including back complaints. Some of this research
provided the basis for the Council Directive of 29 May
1990 on the minimum health and safety requirements for
the manual handling of loads where there is a risk
particularly of back injury to workers (').

Also, in its recommendation of 22 May 1990 to the
Member States concerning the adoption of a European
schedule of occupational diseases (*), the Commission
urges the Member States to promote research in the field
of ailments linked to an occupational activity, which also
covers back complaints.

Pursuant to Article 55 of the ECSC Treaty, the
Commission is responsible for promoting research
relating to safety at work in the coal and steel industries.
Medical and ergonomics research programmes have long
been devoted to this field, since these ailments continue to
be a major cause of illness in the two industries.

An important Community initiative being developed
under the fifth ECSC medical research programme ( [3] )
seeks to standardize techniques to measure the incidence
of such ailments in a variety of working conditions and to
introduce preventive measures.

Five research projects are now under way (two British,
one Belgian, one joint Danish/Italian and one Dutch)
with financial support from the Commission of some
ECU 800 000.

Under the fifth ECSC ergonomics research programme,
the Commission supported a number of research projects
designed to prevent back complaints associated with
transport and handling, posture constraints and vibration
in the coal and steel industries. This research led to the

development of measures to prevent this type of
occupational accident in many sectors of these industries.
Similar studies will be carried out in the future under the

sixth ergonomics programme (1990—94).

Finally, the proposal for a specific research and
technological programme in the field of biomedicine and
health (1990—94) ( [4] ) provides for research into the health
risks arising at the workplace, including the aetiological
factors affecting back complaints.

O OJ No L 156,21.6.1990.
O OJ No L 160,26.6.1990.
O OJNoC47, 19.2.1988.
O COM(90)676.

WRITTEN QUESTION No 121/91

by Mrs Anita Pollack (S)

to the Commission of the European Communities

_(11 February 1991)_

(91/C 177/54)

_Subject:_ Fire safety

What consideration has the Commission given to
adopting the Hazchem system throughout the
Community so as to ensure fire-fighters are always fully
aware of the hazards present on a particular site should
fire break out?

Answer by Mrs Papandreou
on behalf of the Commission

_(14 March 1991)_

Existing Community legislation contains a number of
requirements concerning the provision of information to
minimize the risks from chemical hazards at the worksite

but none of them specifically requires the use of the
'Hazchem' system.

Legislation on health and safety in the workplace requires
that the employer should provide information to workers
about hazards at the worksite ('). In this context
firefighters are covered to the same extent as other
workers. The legislation requires employers to arrange
any necessary contacts with external services, in particular
the emergeny services.

Community legislation also requires the supplier to
classify and label hazardous substances and preparations
with information on their hazards ( [2] ).

Council Directive 82/501/EEC _Q)_ on the major accident
hazards of certain industrial activities requires the
manufacturers operating the largest and most hazardous
industrial installations covered by Article 5 to:

(a) prepare an on-site emergency plan, and;

(b) provide information to the authorities to enable them
to prepare an emergency plan for use outside the
establishment.

The competent authority under the Directive has to
ensure that an emergency plan is drawn up for action
outside the establishment. Such a plan will include the
provision of information to the emergency services
relating to the hazards and correct response to take in the
event of a major accident.

There is therefore no intention, on the part of the
Commission, to provide additional requirements for sites
covered by Article 5 of Council Directive 82/501/EEC to
mark the site under a 'Hazchem' or equivalent system,

8. 7. 91 Official Journal of the European Communities No C 177/29

since the information such a system would provide is
already made available to firefighters when drawing up
the emergency plans.

However, the use of the 'Hazchem' system or a similar
arrangement could be one element in a scheme by an
employer to discharge his information obligations. The
Commission is currently considering what, if any, further
measures might be required to extend the provision of
more detailed health and safety information to workers,
including the emergency services in a general context.

(') Directive 80/1107/EEC — OJ No L 327, 3. 12. 1980 and
Directive 89/391/EEC — OJ No L 183,29.6.1989.
O Directive 67/548/EEC — OJ No 196, 16. 8. 1967 and
Directive 88/379/EEC — OJ No L 187,16.7. 1988.
O OJNoL230,5. 8.1982.

WRITTEN QUESTION No 124/91

by Mr Herman Verbeek (V)

to the Commission of the European Communities

_(11 February 1991)_

(91/C 177/55)

_Subject:_ Production and use of hollow-point bullet
cartridges

1. Can the Commission confirm that hollow-point
bullet cartridges are manufactured in the Federal
Republic of Germany, although they are illegal there, and
that these inhuman cartridges (H & K MP5-) form part of
the standard equipment of the Netherlands police force?

2. Is the Commission prepared to remind the
governments of the FRG and the Netherlands of the
multilateral arms control agreements signed on 29 July
1899 in The Hague, Declaration IV, 3 of which
(concerning expanding bullets) rules out their use?

3. Will the Commission draw the attention of the
German and Netherlands Governments to the Schengen
Agreement, signed by them both, under which
hollow-point bullets have been placed on the register of
forbidden firearms, and urge both countries to cease
forthwith the production and use of these devastating
weapons?

Answer by Mr Bangemann
on behalf of the Commission

_(12 April_ _1991)_

1. The Commission has no information on the
manufacture and use of the hollow-point bullet cartridges
referred to by the Honourable Member.

2. Furthermore, the Commission is not responsible for
the application of the agreements signed in The Hague on
29 July 1899.

3. The ban on hollow-point bullet cartridges laid down
in the agreement, signed on 19 June 1990, giving effect to
the Schengen Agreement of 14 June 1985 is not yet
operative as the agreement in question has still to come
into force.

It should also be noted that it is not for the Commission
to comment on compliance with the provisions of an
instrument which is not part of Community law.

WRITTEN QUESTION No 127/91

by Mr Mihail Papayannakis (GUE) and Mr Gianfranco
Amendola (V)

to the Commission of the European Communities

_(11 February 1991)_

(91/C 177/56)

_Subject:_ DEH (Greek Electricity Board) projects in
Drama

The DEH (Greek National Electricity Board) is planning
to open a lignite mine and high-capacity power station
(300 MW) on the Drama plain. According to petitions
opposing these projects signed by 30 000 local people, the
environmental effects on the wider area of the Drama
basin will be catastrophic, since:

1. the water reserves in the basin will be reduced to
alarmingly low levels;

2. 10 000 hectares of fertile land will be destroyed;

3. the forests in the area will be destroyed, notably the
Forest of Kara Dere and Fraktou, which is protected
by international conventions;

4. according to the department of mineralogy and
petrology at the Aristotle University of Salonika, it is
necessary to take measurements of the trace elements
and in particular to measure the radioactivity in the
lignite in these areas. Surveys of this sort have not yet
been carried out.

In spite of the above protests and the strong local
opposition, the DEH has included these projects in its
ten-year development programme, which, as far as we
know, also receives funding from the Community RDP.

In the light of the above, this project is clearly in breach of
Directive 85/337/EEC (') on the assessment of certain
public and private projects on the environment and

No C 177/30 Official Journal of the European Communities 8. 7. 91

Directive 80/68/EEC (*) on the protection of
groundwater against pollution.

Has the Commission been informed about these projects
and their possible effects, and what measures does it
intend to take to ensure that Community legislation is
complied with?

(') OJ No L 175, 5.7.1985, p. 40.
O OJNoL20,26.1.1980, p. 43.

Answer by Mr Ripa di Meana
on behalf of the Commission

_(12 April 1991)_

The Commission has not been informed about the

proposed power station referred to in the question and is
not providing any finance towards its construction.

Directive 85/337/EEC on the assessment of the effects of

certain public and private projects on the environment
states that any project likely to have significant effects on
the environment must undergo an environmental
assessment before planning permission is given.

Under the Directive, planned power stations having a
capacity of at least 300 MW must be subjected to an
environmental impact assessment, while smaller projects
only have to be assessed if the Member State considers
this to be necessary because of their nature.

The Commission will ask the Greek authorities for

information about the nature of the project referred to by
the Honourable Members and about the progress made
so far to ensure that the requirements of the Directive
have been complied with.

WRITTEN QUESTION No 173/91

by Mr Madron Seligman (ED)

to the Commission of the European Communities

_(20 February 1991)_

(91/C 177/57)

_Subject:_ Natural medicines — licensing costs

I would refer to my Written Question No 2019/90 (') on
the subject:

Licensing of pharmaceutical products

and am grateful to the Commission for the answer dated
28 September 1990.

A number of constituents have made similar complaints
with regard to the licensing costs of natural medicines,
homeopathic and anthroposophical medicines. Would the
Commission confirm that their concern extends to

alternative medicines as well as pharmaceutical ones?

(') OJ No C 328, 31. 12.1990, p. 54.

Answer by Mr Bangemann
on behalf of the Commission

_(4 April 1991)_

To add to its reply to Written Question No 2019/90 by
the Honourable Member, the Commission believes that
the registration fees for so-called 'alternative' medicinal
products should relate to the real cost of assessment borne
by the competent authorities. In its proposals regarding
homeopathic products ('), which is currently before
Parliament, the Commission advocates a simplified
registration system to cover a large number of alternative
medicines.

O COM(90)72;OJNoC108,1.5.1990.

WRITTEN QUESTION No 186/91

by Mr Roberto Formigoni (PPE)

to the Commission of the European Communities

_(20 February 1991)_

(91/C 177/58)

_Subject:_ Fulfilment of contracts and free competition in
the former GDR

Following the fall of the Communist regime, the demise
of the GDR, and unification of the two Germanys, several
Italian undertakings, in particular machine tool
manufacturers, which had concluded bona fide supply
contracts with GDR state-owned import and export
houses have been complaining that the clients are refusing
to accept and pay for the goods awaiting delivery. In
justification for their decision, many of the GDR firms
claim to have 'transferred' the orders to German

undertakings.

What will the Commission do to ensure that the welcome

event of German reunification proves to be without
prejudice to the established rights of industry in the other
Member States and, as regards the future, to the principle
of free competition? What provision has been made in the
unification agreements for the commitments entered into
by old GDR State-owned enterprises still in existence?

Answer by Mr Bangemann
on behalf of the Commission

_(10 April 1991)_

Commitments entered into before German unification by
East German enterprises _vis-d-vis_ enterprises in the
Community (excluding the Federal Republic of Germany)

8. 7. 91 Official Journal of the European Communities No C 177/31

are covered by the unification agreements and by German
private law; they do not come within the Community's
purview.

Since unification, the Community's competition rules
have applied to the new Lander. The Commission is
taking steps to ensure that the principles of free
competition are observed in full.

WRITTEN QUESTION No 197/91

by Mr Jose Valverde L6pez (PPE)

to the Commission of the European Communities

_(18 February 1991)_

(91/C 177/59)

_Subject:_ Current situation regarding infringement
procedures opened against Spain for failure to
comply with Community law on financial
institutions and company law

In 1989 the Commission sent letters of formal notice to

the Spanish Government under the infringement
procedure for failure to implement Community directives
on financial institutions and company law. The
infringement procedures involved the following
directives: First Directive 68/151/EEC ('), Second
Directive 77/91/EEC ( [2] ), Fourth Directive 78/660/
EEC (*), Third Directive 78/855/EEC ( [4] ), Sixth Directive
82/891/EEC O and Seventh Directive 83/349/EEC (').
Despite the proclamation of the new law on public limited
liability companies, legal critics continue to point out
serious failures to comply with Community law. What
information can the Commission provide on the current
situation regarding all the above infringement
procedures?

(') OJ No L 65,14. 3.1968, p. 8.
O OJNoL26,30.1.1977, p. 1.
O OJNoL222,14.8.1978, p. 11.
( [4] ) OJNoL295,20.10.1978, p. 36.
(*) OJNoL378,31.12.1982, p. 47.
(•) OJNoL193,18.7.1983, p. 1.

Answer by Mr Bangemann
on behalf of the Commission

_(5 April 1991)_

All the Directives listed by the Honourable Member have
been transposed into Spanish law.

The Commission is sending direcdy to the Honourable
Member and to the Secretariat of Parliament a table

setting out the relevant Spanish legislation and the dates
of publication.

WRITTEN QUESTION No 206/91

by Mr Adrien Zeller (PPE)

to the Commission of the European Communities

_(18 February 1991)_

(91/C 177/60)

_Subject:_ Recognition and enforcement of judgments in
civil and commercial matters between the

Member States of the European Community

Could the Commission update, with regard to Spain and
Portugal, its reply to Written Question No 1419/90 (')?

Should the Commission not take steps to ensure that
Spain and Portugal ratify the San Sebastian Convention
of 26 May 1989 without delay?

O OJNoC272,29.10.1990, p. 42.

Answer by Mr Bangemann
on behalf of the Commission

_(10 April 1991)_

The San Sebastian Convention of 26 May 1989 on the
accession of Spain and Portugal to the Brussels
Convention of 27 September 1968 on jurisdiction and the
enforcement of decisions in civil and commercial matters

(as well as the protocol on the interpretation of that
Convention by the Court of Justice of the Communities)
has been ratified by the Netherlands, France and Spain.

In accordance with Article 32 thereof, the Convention
entered into force as between Spain and the two Member
States which have ratified it on 1 February 1991.

WRITTEN QUESTION No 207/91

by Mr Adrien Zeller (PPE)

to the Commission of the European Communities

_(18 February 1991)_

(91/C177/61)

_Subject:_ Community statute for mountain guides

Mountain guides from EC countries, particularly Italy,
the United Kingdom, Germany and France, have been
working together for three years with a view to agreeing a
set of professional rules to be applied within the
Community.

Is the Commission aware of this, and what rules does it
intend to propose in order to meet the expectations of
mountain guides in the run-up to the 1993 single market?

No C 177/32 Official Journal of the European Communities 8. 7. 91

Answer by Mr Bangemann
on behalf of the Commission

_(4 April_ _1991)_

The Commission is not aware of the project to which the
Honourable Member refers. It welcomes the news
nevertheless; the Commission can only encourage
collaboration between national associations in the

Member States concerned.

In line with its new approach to such matters, embodied
for the first time in Council Directive 89/48/EEC, the
'general system Directive' ('), and followed once again in
its proposal for a Directive on a second general system for
the recognition of qualification ( [2] ), the Commission does
not envisage putting forward proposals dealing
specifically with mountain guides.

For further indications of its thinking on these general
Directives the Commission would refer the Honourable
Member to its answer to Written Question No 24/91 by
MrRaffarin( [3] ).

(') OJ No L 19,24.1.1989.
_C)_ OJ No C 263, 16. 10. 1989; amended proposal OJ No C 217,

1.9.1990.
( [J] ) See page 23 of this Official Journal.

WRITTEN QUESTION No 234/91

by Mr Elio di Rupo (S)

to the Commission of the European Communities

(75 _February 1991)_

(91/C 177/62)

_Subject:_ The future of cued speech

Can the Commission state whether the Handynet system
will include cued speech as a technical aid to
comprehension and language acquisition by deaf
children?

Can it state whether cued speech has been adapted into all
the Community languages, and can it give its general
assessment of the harmonization of sign language in the
Community?

Answer by Mrs Papandreou
on behalf of the Commission

_(21 March 1991)_

The first module implemented in Handynet, the
European computerized information system, is concerned
with technical aids. Technical aids are a useful tool for
compensating for disabilities, and cued speech, as a

language-learning aid, will be among the rehabilitation
software covered by Handynet.

Cued speech was devised in the United States and its
initial successes were in the English-speaking countries; it
has now been adapted to 42 languages and dialects,
including the Community official languages.

Community harmonization of the multitude of national
systems which have adopted this method would be a
daunting project.

However, the Commission has received information from
various Member States on a transnational sign-language
campaign launched as a Horizon initiative. The campaign
derives from the network of local model activities set up
under the Helios programme.

WRITTEN QUESTION No 235/91

by Mr Gianfranco Amendola (V)

to the Commission of the European Communities

_{15 February 1991)_

(91/C 177/63)

_Subject:_ The carcinogenic nature of certain asbestos
substitutes

A debate is currently under way on whether certain
asbestos substitutes, such as glass fibre and ceramic fibre,
can cause cancer in human beings.

1. Can the Commission state whether, on the basis of
information currently available, glass fibre and
ceramic fibre used as asbestos substitutes can cause
cancer in human beings?

2. Can the Commission also state whether rock wool has
carcinogenic effects on human beings?

3. Does the Commission intend to take any measures in
respect of asbestos substitutes?

Answer by Mrs Papandreou
on behalf of the Commission

_(21 March_ _1991)_

For years the Commission has been keeping a watchful
eye on research and studies on the health hazards which
might arise from the use of artificial mineral fibres which
are replacing asbestos in a number of industrial processes.

In particular, the Commission is collaborating closely
with the International Cancer Research Centre in Lyon, a

8. 7. 91 Official Journal of the European Communities No C 177/33

recognized authority in this field. In a recent research
report (Vol. 43, 1988), the Centre assesses these hazards,
mainly on the basis of existing epidemiological data.

Its conclusions were as follows:

1. glass fibre — insufficient evidence of carcinogenicity
— the available studies are inconclusive;

2. ceramic fibres — no data available;

3. rock fibre — limited evidence of carcinogenicity — a
positive link has been observed between exposure to
this substance and cancer, but there are a number of
extraneous factors with a potential impact on the
results.

The information currently to hand, then, is not
conclusive; further work will be required before there can
be a more coherent assessment of these fibres, which may
in fact have latent health implications like asbestos.

The Commission is keeping this situation under
observation in its work on the classification and labelling
of dangerous substances and will decide whether
measures, such as the setting of limit values for exposure,
are necessary or whether the provisions of Directive
90/394/EEC (protection of workers against carcinogenic
substances) (') should apply.

O OJ No L 196,26. 7.1990.

WRITTEN QUESTION No 289/91

by Mr Jean-Pierre Raffarin (LDR)

to the Commission of the European Communities

_(4 March 1991)_

(91/C 177/64)

_Subject:_ Quality and reliability of statistics

What is the Commission's view of the quality and
reliability of the statistics offices of the various Member
States?

The new common agricultural policy proposed by the
Commission should be based on social data of proven
statistical value: income levels and structures, farm sizes,

etc.

Is the Commission equipped to evaluate the true figures
for agriculture and also measure the 'black economy' in
all the Member States?

Answer by Mr Christophersen
on behalf of the Commission

_(7 March 1991)_

The Commission takes the view that, on the whole, the
quality and reliability of the figures produced by Member
States' statistics systems is satisfactory and is in keeping
with the resources allocated.

There are, however, still shortcomings as regards the
comparability of data between Member States and the
information required for the purposes of Community
policies. Some Member States need to make efforts in
particular to improve the organization of their statistical
machinery and thus make it more equal to its tasks.

The Commission has assisted several countries (Greece,
Ireland, Italy and Portugal) by producing restructuring
plans, particularly in the field of agricultural statistics.
Those plans have enabled the countries concerned to
improve their production of comparable statistics, but
have not solved all the problems.

As far as agriculture is concerned, the Commission is
aware of the need to have reliable and comparable
statistics to provide a proper basis for decisions on the
new agricultural policy. It set up several years ago a
Community programme covering the structure of
holdings, production and prices; special attention was
devoted to making accurate estimates of farm incomes
from both agriculture and other sources.

On the subject of national accounts, the Commission is
working on proposals for determining a harmonized
method of taking the underground economy into
consideration so that comparable statistics can be
produced on gross national product, this being the basis
for the Community budget's fourth resource.

More generally, since it is conscious of the fact that a
Community system of reliable,, relevant and scientifically
authoritative statistics will facilitate the implementation,
monitoring and assessment of Community policies, the
Commission has decided to step up its action in the area
through a programme of priority measures covering the
period 1989—92, which was the subject of a resolution (')
adopted by the Council after consulting Parliament.

A new programme is currently in preparation on which
Parliament will be requested to deliver an opinion that
will, in the Commission's view, be vitally important.

(•) OJNoC 161,28.6.1989,p. 1.

No C 177/34 Official Journal of the European Communities 8. 7. 91

WRITTEN QUESTION No 294/91

by Mr Thomas Megahy (S)

to the Commission of the European Communities

_(4 March 1991)_

(91/C 177/65)

_Subject:_ Fraud and EC own resources

In reply to criticism from the European Court of
Auditors ( [x] ) the Commission referred to the establishment
of 'a systematic link between the information at its
disposal on cases of fraud or irregularity and the entering
of own resources in the accounts' with the purpose of
enabling it to 'check that national authorities have
exercised appropriate diligence in establishing, entering in
the accounts, recovering and making available to the
Commission the own resources involved'. Has such a

system been established?

(') OJNoC313,12.12.1990, p. 227.

Answer by Mr Delors
on behalf of the Commission

_(2_ _April 1991)_

As the Honourable Member points out, one of the
objectives which the Commission hopes to attain by
means of Regulation (EEC) No 1552/89 (') is to ensure
that the Member States, in the statements which they
forward to the Commission, make the link between any
cases of fraud or irregularity detected and notified, on the
one hand, and the establishment and recovery of the
corresponding own resources, on the other.

As a result of the action taken by the Commission, some
Member States are already making this link.

The Commission is continuing to press for the adoption
of this practice by all the Member States.

0) OJ No L 155,7.6.1989.

WRITTEN QUESTION No 350/91

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(7 March 1991)_

(91/C 177/66)

_Subject:_ Restructuring of the Member States' customs
administrations

The advent of free movement within the Community will
reduce the number of customs formalities at internal

frontiers, a prospect which has raised concern amongst
the staff of the relevant administrations in the Member

States.

Has the Commission assessed the impact of such a
reduction on employment levels, and is it aware of any
countermeasures being taken by the Member States?

Answer by Mrs Scrivener
on behalf of the Commission

_{19 April 1991)_

The Commission invites the Honourable Member to refer

to the answer given to Mr Rogalla's Written Question No
2337 O .

It is continuing, in tandem with customs authorities in the
Member States, its examination of the findings of the
report on organization of customs administrations in the
run-up to 1992; this report was drawn up last year, at the
behest of Parliament, by the European Institute of Public
Administration in Maastricht.

O OJ No CI 07,22.4.1991, p. 24.

WRITTEN QUESTION No 361/91

by Mr Thomas Megahy (S)

to the Commission of the European Communities

_(7 March 1991)_

(91/C 177/67)

_Subject:_ Eligibility of Training and Enterprise Councils in
the UK for Social Fund grants

In answer to a Written Question in the House of
Commons on 14 January, Mr Robert Jackson, on behalf
of the UK Department of Employment, stated that
Training and Enterprise Councils (TECs) are private
companies operating under a performance contract with
the Department of Employment. Could the Commission
confirm that, in accordance with the existing Social Fund
regulations, such private bodies would not be able to
receive assistance from the European Social Fund?

Answer by Mrs Papandreou
on behalf of the Commission

_(19 April 1991)_

The Commission is aware x>f the status of Training and
Enterprise Councils as private companies. However, it
understands that many of the training programmes to be
run under their aegis will be financed by funds from
public sources. In such cases the European Social Fund
could provide matching finance.

8. 7. 91 Official Journal of the European Communities No C 177/35

WRITTEN QUESTION No 380/91

by Mr Henry Chabert (RDE)

to the Commission of the European Communities

_(7_ _March 1991)_

                        (91/C177/68)

_Subject:_ Works projects submitted to the European Bank
for Reconstruction and Development (EBRD)

With the approach of the forthcoming official opening
date in mid-April, the structures of the future bank for
Eastern Europe are gradually being put into place.

It is said that some 200 projects, covering all the Eastern
European countries, have already been submitted.

Can the Commission indicate the principal sectors of
activity covered by these projects?

Can it also provide a list of all the projects submitted to
date, giving a breakdown by country and sector?

Answer by Mr Christophcrsen
on behalf of the Commission

_(19 April_ _1991)_

The European Bank for Reconstruction and
Development will be officially set up once members
accounting for two thirds of its capital have ratified the
Agreement establishing it. It will be for the Board of
Directors, which held its first meeting on 17 April, to
consider and reach a decision on financing operations
submitted to it after vetting by the Bank staff. Only then
will the Commission, in consultation with the Bank staff
and to the extent permitted by banking secrecy, be able to
supply the Honourable Member with the information
which he has requested but which it does not possess at
present.

WRITTEN QUESTION No 408/91

by Sir James Scott-Hopkins (ED)

to the Commission of the European Communities

_(11 March 1991)_

(91/C 177/69)

_Subject:_ The organization of blood distribution

What practical proposals does the Commission intend to
make

1. in encouraging the giving of blood within the EC and

2. facilitating the sharing of blood as needs arise between
hospitals, clinics etc. within the EC?

Answer by Mrs Papandreou
on behalf of the Commission

_(26 April_ _1991)_

At its meeting of 13 November 1989, the Council and the
Ministers for Health meeting within the Council
requested the Commission to submit a report on
Community self-sufficiency in human blood and the
encouragement of voluntary unpaid donations.

Moreover, in its plan of action in the framework of the
1991 — 1993 'Europe against AIDS' programme,
presented to Council the Commission proposed that it
will examine carefully the current situation concerning
the attainment of European self-sufficiency in blood and
blood derived products through the promotion of
voluntary unpaid blood donations and evaluate how best
these objectives can be achieved.

In cooperation with the Council of Europe a
questionnaire regarding the collection and use of human
blood and plasma has been elaborated and sent to
Member States. On the basis of this enquiry a report for
Council is being prepared for transmission before the end
of 1991.

WRITTEN QUESTION No 413/91

by Mr John Bird (S)

to the Commission of the European Communities

_(11 March 1991)_

(91/C 177/70)

_Subject:_ Seniors' Europass

Will the Commission inform me of the implementation of
the Seniors' Europass, i.e. Over-60s Travel Card, in each
of the Member States ?

Answer by Mrs Papandreou
on behalf of the Commission

_(18 April_ _1991)_

The Commission recommendation on the introduction of
an Over-Sixties' Card is the subject of ongoing
correspondence between the Commission and the
Member States. The Commission has reminded the
Member States several times of this issue, and most
recently at the first meeting of the newly established
Advisory Committee on the elderly and solidarity
between generations.

No C 177/36 Official Journal of the European Communities 8. 7. 91

WRITTEN QUESTION No 415/91

by Mr Lyndon Harrison (S)

to the Commission of the European Communities

_(11 March 1991)_

(91/C 177/71)

_Subject:_ Comparative data

Like many of my colleagues I often receive requests for
comparative statistics on legislation and policies between
Member States.

Does the Commission have a special unit for collecting
and producing comparative data and, if not, would it not
be a good idea to create one?

Answer by Mr Christophersen
on behalf of the Commission

_(4 April_ _1991)_

Legislative work and policy decisions by Member States
have repercussions on the whole of society; those
repercussions are reflected in the statistics compiled for
each country.

One of the Commission's Directorates-General (the
Statistical Office of the European Communities, or
Eurostat) specializes in the relevant work. Its tasks are,
first, to provide the Community institutions, and
particularly the Commission, with the data necessary for
implementing, monitoring and assessing Community
policies; second, to disseminate those statistics
throughout the Community, i.e. among enterprises and
other interested parties in the economic and social
spheres; third, to set up a European statistical system, in
other words a system of standards, methods and
organizational structures for producing comparable,
satisfactory and meaningful statistics for and on the
Community; and lastly, to help devise statistical systems
in the developing countries and countries which are
moving towards a market economy.

Eurostat's work covers all areas of the economy, social
affairs and the environment.

WRITTEN QUESTION No 421/91

by Mr Pierre Bernard-Reymond (PPE)

to the Commission of the European Communities

_(11 March 1991)_

(91/C _177/72)_

_Subject:_ Rules on access to the activity of mountain guide

In order to maintain proper and reliable rules on access to
the activity of mountain guide.in the light of the 1993
internal market, does the Commission not consider it

necessary and indeed essential to draw up Community
provisions defining a single body of rules for this activity,
which take account of the many facets of the occupation?

Answer by Mr Bangemann
on behalf of the Commission

_(10 April_ _1991)_

The Commission would refer the Honourable Member to
its answer to Written Question No 24/91 by Mr
Raffarin (').

( [l] ) See page 23 of this Official Journal.

WRITTEN QUESTION No 455/91

by Mr Jean-Pierre Raffarin (LDR)

to the Commission of the European Communities

_(19_ _March 1991)_

(91/C 177/73)

_Subject:_ Supervisory staff

The employment conditions of supervisory staff are still
not covered by collective agreements in certain Member
States.

What are the Commission's proposals, in connection with
the formulation of the European Social Charter, to lay
down specific clauses comprising common provisions for
managerial staff in the different Member States of the
Community?

Answer by Mrs Papandreou
on behalf of the Commission

_(19 April_ _1991)_

The Commission's action programme on implementation
of the Community Charter of Fundamental Social Rights
of Workers makes no provision for proposals regarding
the employment conditions of supervisory staff.

The Commission does not intend, therefore, to put
forward proposals for legislation on this matter.

WRITTEN QUESTION No 466/91

by Mrs Mary Banotti (PPE)

to the Commission of the European Communities

_(19_ _March_ _1991)_

(91/C 177/74)

_Subject:_ Distance learning

Could the Commission inform me whether it would fund
pilot projects in the area of distance learning, especially in

8. 7. 91 Official Journal of the European Communities No C 177/37

the peripheral regions where distance learning can help
many people gain qualifications which they might
otherwise be unable to obtain?

Answer by Mrs Papandreou
on behalf of the Commission

_(19 April_ _1991)_

1. On 18 December 1990, the Commission established
a Community initiative, Euroform, offering financing
possibilities through the Structural Funds to projects
aiming at vocational training, in particular for new
qualification, new skills and new employment
opportunities. The Euroform initative has been designed
in particular to support the remote and rural areas in the
Community, and there is some scope for projects
involving open and distance learning in this framework.

2. Following the priorities, as defined in the
Commission Staff Working Paper 'Distance Education
and Training' (SEC(90) 479) and taking into account the
opportunities of the existing Community programmes for
education and training, the Commission is preparing
proposals to be presented to the Parliament and to the
Council later this year in accordance with the
Commission's 1991 work programme.

WRITTEN QUESTION No 723/91

by the following members: Metten, Read, Wettig, Tongue,
Fuchs, Hoff, Colom i Naval, Caudron and Cravinho (S)

to the Council of the European Communities

_(23 April_ _1991)_

(91/C 177/75)

_Subject:_ The economic situation in the Community

Having regard to the Council Decision of 12 March 1990
concerning the attainment of progressive convergence of
economic policies and performances during stage one of
EMU,

whereas the Council has undertaken to apply the
following principles: price stability, sound public finances
and monetary conditions, sound overall balances of
payments and open, competitive markets,

whereas the Council has undertaken to hold consultations
to consider taking measures when outside events threaten
the economic stability and cohesion of the Community,

whereas the President of the Council and the President of
the Commission are required to report regularly on the

results of multilateral surveillance to the European
Council and the European Parliament,

noting the fall in the dollar, the fluctuations in oil prices
and the crises in the US and Japanese banking systems,
which are giving rise to uncertainty as regards the stability
of the economic system,

concerned at the slowdown in growth in the Community
in 1990 and the consequences thereof for employment,

noting the rise in interest rates in the Community caused
by the demands made on the capital markets by the FRG,

1. Does the Council plan to take steps as quickly as
possible to coordinate the economic policies of the
Member States in order to bring about a reduction in
interest rates and unemployment, and does it now plan
to adopt the instruments needed to achieve economic
convergence and cohesion?

2. Can the Council coordinate its positions so that the
G7 nations have a common position when they next
meet?

Answer

_(31 May_ _1991)_

In accordance with the March 1990 Decision laying down
new procedures to bring about the level of convergence
needed for the success of stage one of EMU, the Council
undertook multilateral surveillance of Member States'
economic policies on 28 January; it examined the latest
information on the world economic situation and the
policies best suited to cope with the difficulties on the
horizon.

The Council also received the Commission's proposal for
the 1990/91 annual report on the economic situation in
the Community and economic policy guidelines to be
followed in the Community for 1991.

The proposal has also been referred to the European
Parliament, which is to give an Opinion on it.

The questions raised by the Honourable Member will be
covered during the debate, both in the Council and the
European Parliament.

In general, the Council intends to make full use of the
procedures for enhanced economic policy coordination
set up under stage one of EMU.

^ o C l B B B ^ Official Journal of the European Communities ^ B ^ l

The Member States consult each other regularly on the
most important issues relating to international bodies
suchasthelM^the^orldBankandtheC^C^roup.

The council considers that the Community countries
have now embarked in earnest on the path of increasing
convergence and that there isabroad consensus both on
the objectives and on the means of achieving them.

w^frrE^^ESTl^^^o^^B^t

b y M r ^ e ^ r y S a b v ^

to theCou^c^ofthe European Comr^u^i^es

^ I B C l ^ B ^

^ ^ c r, lOeclaration on South Africa adopted by the
European Council at its R^me meeting p l ^ l ^
lOecemberl^O^

In the abovementioned declarations the European
council decided^ in particulars to lifttheban on new
investmentinSouthAfrica,

C^an the Council explain the reasons which led it to take
this decision atthis stage and the effects it hopes the
decision will have^

Answer

The decisions regarding SouthAfrica which were taken at
the European Council meeting in R^ome are fully
consistent with the approach defined by the Community
and its Member States withaview to making an effective
contribution towards achieving the objective in this area
on which their sights are finally set^ the complete
dismantling of the system of apartheid by peaceful means
and its replacement by a united^ nonracial and
democratic State,

The council would restate the three main features of this

approachm.eB

^ applicationofawhole series of restrictive measures
designed to put pressure on the South African
authorities to promote the deep-seated and
irreversible changeswhich are needed in SouthAfrica^

^ implementation of the programme to assist the victims
of apartheid^the scale of which hasbeen gradually
stepped up^with the aim of supporting the process of
peaceful change in that country^

^ continued careful following and assessment of
developments in the situation in SouthAfrica^ in order

that action by the Community and its Member States
maybe adapted tochanging circumstances.

The European council naturally welcomed with
considerablesatisfactionthemeaningfulchanges which
occurred in South Africa in 1^0 and wished to pay
tribute in the connection to the role played by President
Toe Klerk and Mr kelson Mandela in the orchestration of

these changes,

^hile deploring the present explosion of violence in
South Africa^which is likely to endanger these positive
developments^ the Community and its Member States
nevertheless welcome the new factors confirming that the
process of change already begun is continuing in the
direction which they advocate.

The community and its Member States are firmly
resolved to encourage this process and have accordingly
agreed to pursue the strategy of gradually relating
pressure on the South African authorities in the light of
the outcome of negotiations in progress.

In this connection the European council took the view
that the restrictive measures introduced in l^D could be

related once the South African ^Government took

legislative action torepeal the laws regardingseparate
living areas t^Croup Areas Act^ and landed property
^LandActs^,

At the same time^ the European C^oucil wanted to senda
firm and positive signal to all parties involved in the
negotiation process in SouthAfrica,

In this spirits the European council agreed to step up the
programme of positive measures and to bring it into line
w^th the requirements of the new situationmncluding the
return and resettlementofe^oiles^which developments in
these negotiations have madepossible.The Council is
pleased to note that^ thanks also to the active contribution
made by the European Parliaments the amounts allocated
to this programme for t ^ l are double those for the
previous year.

The European Council also decided to repeal the ban on
new investmentand we hope thatthis measure will help to
combat unemployment and will improve the economic
and social situation in South Africa^which should thus

further encourage present moves towards the total
abolition of apartheid,

Subsequently^following the announcement by President
L^e I^lerk of major new legislative changes in South
Africa^the community and its Member States issueda
statement on ^t February 1^1 welcoming this
development and announcing that the C^ommunitywould
begin preparations for relating the sanctions adopted in

Einally^the council would express the hope that we may
soon greet the birth of a new united^ nonracial and

8. 7. 91 Official Journal of the European Communities No C 177/39

democratic South Africa able to take its rightful place in
the international community.

WRITTEN QUESTION No 725/91

by Mr Brian Cassidy (ED)

to the Council of the European Communities

_(23 April_ _1991)_

(91/C _177/77)_

_Subject:_ Rules governing travellers' allowances
derogations granted to Denmark and Ireland

The conclusions of the ECOFIN meeting on 17
December 1990 on increased travellers' allowances are
opaque. They refer:

1. to retrospective application of allowances,

2. to the continuation of derogations in favour of
Denmark and Ireland,

3. to the Dutch compromise.

The Parliament has difficulty in understanding what the
Council is proposing especially when it comes to
retrospective application of travellers' allowances.

Will the Council clarify to Parliament its proposals, and
report on developments in the light of its commitment to
'adopt a global decision on the Dutch compromise before
31 March 1991'?

Answer

_(31 May_ _1991)_

1. The Council has delayed replying to the
Honourable Member's questions so as to allow the
situation regarding travellers' allowances and the
derogations for Denmark and Ireland to be clarified.

2. As foreshadowed in the conclusions of the ECOFIN
Council on 17 December 1990, to which the Honourable
Member refers, the Council reached agreement at is
meeting on 18 March on an increase in the
intra-Community travellers' allowances:

— for travellers aged 15 years and over: ECU 600 as from
1 July 1991, instead of ECU 390. However, for
Denmark and Greece within that limit, a unit
allowance of ECU 340 has been fixed, and for Ireland
ECU 95;

— for travellers aged under 15 years: ECU 150 as from 1
July 1991, with a unit allowance of ECU 95 for
Ireland.

3. The Council also approved two derogations for
Denmark and Ireland, which enter into force when the act
is formally notified to the Member States.

These derogations, which will last for 1991 only, are
mainly for certain purchases, particularly tobacco and
alcohol, by travellers who have been out of their countries
for a very short period.

WRITTEN QUESTION No 726/91

by Mr Herman, Mr von Wogau and Mr Chanterie (PPE)

to the Council of the European Communities

_(23_ _April_ _1991)_

(91/C 177/78)

_Subject:_ The economic situation in the Community

With regard to the Council decision of 12 March 1990
concerning increasing convergence in economic policy
during stage one of economic and monetary union, and to
the regular reports on the results of the policy on
convergence, does the Council consider that the growing
economic policy problems which are discernible in the
various Member States represent a threat to stability,
growth and economic cohesion in the Community?

What obstacles to the further development of economic
and monetary union are arising as a result, in particular,
of

— the heavy burden of unemployment, stagnating
economic activity and inflation faced by Greece,

— the rise in inflation and unemployment in Portugal,

— the large financial responsibilities faced by Germany,
which are having an impact on economic development
in the Community through interest rates and exchange
rates?

What measures does the Council propose?

Answer

_(31_ _May_ _1991)_

The Council is fully aware of the economic and social
difficulties that all the Member States, and some of them
in particular, are currently having to face.

The Council is convinced that the Member States have the
resources gradually to overcome these difficulties and
that the Community will give them its support.

No C 177/40 Official Journal of the European Communities 8. 7. 91

The economic situation in the Community is the subject
of a wide debate, following the presentation by the
Commission of its 1990/91 economic report. In this
context, special attention will be paid to countries
encountering major difficulties, as indicated in Article 5
of the Council Decision relating to economic
convergence ('):

c When potential or actual economic developments in
one or more Member States threaten the economic
stability and cohesion of the Community, the Council
shall undertake an examination of the economic
situation. Such examination may result in the
formulation of country-specific recommendations
with a view to encouraging the necessary policy
corrections.'

O OJ No L 78,24. 3.1990, p. 24.

WRITTEN QUESTION No 1042/91

by Mrs Karla Peijs, Mr Konstantinos Stavrou, Mr Karl von
Wogau and Mr Egon Klepsch (PPE)

to the Council of the European Communities

_(22 May_ _1991)_

(91/C 177/79)

_Subject:_ Progress of GATT negotiations

1. What guidelines does the Council intend to give the
Commission with a view to overcoming the stagnation in
the GATT negotiations so as to contribute to a speedy
and constructive conclusion to the Uruguay Round?

2. Does the Council share the critical views expressed
by the Italian Minister of Foreign Trade, Mr Ruggiero, to
the effect that the EC's institutional decision-making
structures are poorly adapted to conducting multilateral
trade negotiations of this type with the necessary
flexibility?

Answer

_(30 May_ _1991)_

1. Following the suspension of the Uruguay Round
negotiations at the GATT Ministerial Conference in
Brussels in December 1990, the Director-General of the
GATT, Mr Dunkel, as instructed by the Chairman of the
Trade Negotiations Committee at ministerial level,
continued intensive consultations with the specific aim of
reaching agreements in all the areas of negotiation where
differences remained.

Pursuant to the conclusions adopted by the European
Council last December, the Commission held

consultations in its capacity as Community negotiator
with a number of participants and Mr Dunkel with a view
to concluding as quickly as possible a balanced agreement
covering all _sectors._

At the TNC meeting held in Geneva on 26 February it was
agreed that the Uruguay Round negotiations would be
resumed on the basis of a work programme tabled by Mr
Dunkel.

Throughout that period the Commission maintained
close contact with the Article 113 Committee and the
Council, which it kept informed of developments in the
situation at its meetings on 4 February and 4 March. At
the latter meeting the Council welcomed the resumption
of the negotiations in Geneva and confirmed the
importance it attached to their success. It also drew
attention to the need to make every effort to reach a
balanced agreement covering all the sectors as soon as
possible. The Council moreover agreed to review the
situation regularly.

2. With regard to the second question put by the
Honourable Members, the Council, which is not in the
habit of expressing an opinion on statements made by one
of its members outside Council meetings, nevertheless
emphasizes the importance it attaches to smooth
cooperation with the Commission.

WRITTEN QUESTION No 1043/91

by Mr Roberto Spedale (GUE)

to the Council of the European Communities

_(22 May_ _1991)_

(91/C 177/80)

_Subject:_ Economic situation and progressive convergence

Over a year after the Council's decision of 12 March 1990
on the progressive convergence of Community economies
in the first phase of EMU, no positive changes are
discernible in either the economic or the institutional
domain. On the contrary, the report on the economic
situation highlights alarming developments in certain
Community countries, while events in the outside world
threaten stability.

However, in the same period, the Council has drawn up,
in the general context of the Community's economic
situation, various illuminating documents on the current
state and future prospects of European industry and the
employment market, which demonstrate both the
inevitable links between those sectors and the completion
of the single market, and the need for Community policies
in the economic field to be properly coordinated.

8. 7. 91 Official Journal of the European Communities No C 177/41

Does the Council not agree that it should submit specific
proposals in the economic and institutional field to speed
up the process of achieving progessive convergence of the
Member States' economic policies, not only to create
favourable conditions for EMU but also to pave the way
for the introduction of a coordinated system of economic
policy initiatives by the Community?

Answer

_(30 May_ _1991)_

The Council is aware of the need to strengthen the
convergence of the Member States' economies, especially
since such convergence is essential to the satisfactory
functioning of Economic and Monetary Union which, as

the Honourable Member is aware, is the subject of one of
the intergovernmental conferences currently meeting. In
order to increase the degree of convergence, the Council
has twice carried out multilateral surveillance exercises of
economic policies and performances, as provided for by
the new Decision on convergence of March 1990. Those
exercises have allowed a more intense and more regular
dialogue between those responsible for the economic
policies of the Member States on the means of
strengthening convergence.

The Council does not envisage either institutional
changes or new procedures in the immediate future.
However, the Intergovernmental Conference on
Economic and Monetary Union is currently examining
amendments to be made to the Treaty to strengthen
further the means for achieving convergence.