Source: EURLEX
Language: en
Format: md

^  - ^ / * / * • # "I T " "I ISSN 0378-6986
# Orhcial Journal C47

# . Volume 33
### n «*«* o
## of the European Communities tM

### English edition Information and Notices

Notice N o Contents Page

I _Information_

European Parliament

_Written Questions with_ _answer_

9 0 / C 47/01 N o 276/89 by M r Pieter Dankert to the Commission

Subject: Failure to comply with milk quota rules 1

9 0 / C 47/02 N o 293/89 by Mrs Raymonde Dury to the Commission

Subject: The poisoning of Kurdish refugees from Iraq in the Mardin camp in Turkish Kurdistan 1

9 0 / C 47/03 N o 303/89 by Lord O'Hagan to the Commission

Subject: Social charter 2

9 0 / C 47/04 N o 319/89 by M r H e m m o Muntingh to the Commission

Subject: Environmental impact assessment in the Netherlands 2

9 0 / C 47/05 N o 320/89 by M r H e m m o Muntingh to the Commission

Subject: Application of Directive 80/836/Euratom concerning basic standards 3

9 0 / C 47/06 N o 372/89 by M r James Ford to the Commission

Subject: Age discrimination 4

9 0 / C 47/07 N o 373/89 by M r James Ford to the Commission

Subject: Family benefits 4

9 0 / C 47/08 N o 390/89 by Mrs Christiana Muscardini, M r Gianfranco Fini and M r Giuseppe

Rauti to the Commission

Subject: Cerebrospinal units 5

9 0 / C 47/09 N o 412/89 by M r Michael Welsh to the Commission

Subject: Misleading and unsolicited requests for payment 5

9 0 / C 47/10 N o 431/89 by M r Terence Wynn and M r Kenneth Stewart to the Commission

Subject: Bogus telefax invoices 5

1 (Continued overleaf)

Notice N o Contents (continued)

9 0 / C 47/11 N o 444/89 by M r Kenneth Stewart to the Commission

Subject: Bogus invoices for the rental of telefax machines throughout Europe 5

9 0 / C 47/12 N o 638/89 by M r Michael Hindley to the Commission

Subject: Bogus trade directory invoices 6

Joint Answer to Written Questions Nos 412/89, 431/89,444/89 and 638/89 6

9 0 / C 47/13 N o 416/89 by Mrs Johanna Maij-Weggen to the Commission

Subject: European ban on floor coverings containing asbestos 6

9 0 / C 47/14 N o 417/89 by Mrs Caroline Jackson to the Commission

Subject: Regulations on dental radiographs 7

9 0 / C 47/15 N o 418/89 by M r Derek Prag to the Commission

Subject: Planning control rules for new buildings 7

9 0 / C 47/16 N o 421 /89 by Mrs Carmen Diez de Rivera Icaza to the Commission

Subject: Use of recycled paper for ordinary European Community publications 7

9 0 / C 47/17 N o 450/89 by M r Florus Wijsenbeek to the Commission

Subject: Mortgage credit and Community legislation in the financial and banking sector 8

9 0 / C 47/18 N o 467/89 by M r Joaquin Siso Cruellas to the Commission

Subject: Issue of separate currency in the British colony of Gibraltar 8

9 0 / C 47/19 N o 474/89 by M r James Ford to the Commission

Subject: Electronic tagging schemes for criminals 9

9 0 / C 47/20 N o 482/89 by M r Jesus Cabezon Alonso to the Commission

Subject: Cleanliness of the Cantabrian beaches 9

9 0 / C 47/21 N o 492/89 by M r Victor Manuel Arbeloa Muru to the Commission

Subject: Measures in favour of firms which protect the environment 10

9 0 / C 47/22 N o 533/89 by M r Josep Pons Grau to the Council

Subject: Competition No CJ 181/88; European Community competitions 10

9 0 / C 47/23 N o 557/89 by M r Carles-Alfred Gasoliba i Bohm to the Commission

Subject: Linguistic minorities 10

9 0 / C 47/24 N o 578/89 by M r Klaus Hansen to the Commission

Subject: Reduction of capacity in the Community's steel industry 10

9 0 / C 47/25 N o 579/89 by M r Francois de Donnea to the Commission

Subject: Fines imposed by the Commission for concerted practices 11

9 0 / C 47/26 N o 614/89 by M r Francois de Donnea to the Commission

Subject: Trade in drug precursor products 11

9 0 / C 47/27 N o 631/89 by M r James Fitzsimons to the Commission

Subject: Solvency ratio for credit institutions 11

(Continued on inside back cover)

Notice No Contents (continued)

90/C47/28

90/C 47/29

90/C 47/30

90/C47/31

90/C47/32

90/C47/33

90/C47/34

90/C47/35

90/C 47/36

No 637/89 by Mrs Hiltrud Breyer to the Commission

Subject: Distribution of research funds among the regions 12

No 742/89 by Mr Madron Seligman to the Council
Subject: Support for international action against high seas drift netting 12

No 808/89 by Mr Gerard Deprez to the Council
Subject: Problems of road transport 13

No 862/89 by Mr Jaak Vandemeulebroucke to the Commission
Subject: ESF support for Belgium 13

No 886/89 by Mr Klaus Hansen to the Council
Subject: Appointment of national experts instead of European officials 13

No 935/89 by Mr Jose Happart to the Council
Subject: Abolition of the co-responsibility levy on milk 14

No 955/89 by Mr Gerard Monnier-Besombes to the Council

Subject: Request for an investigation into the underhand behaviour of the police force in
Miramas on 28 September 1989 14

No 1046/89 by Mr James Ford to the Commission

Subject: Metal detecting as a pastime 14

No 1165/89 by Mr da Cunha Oliveira to the Council
Subject: Free movement of persons — the concept of a worker — workers engaged in social
rehabilitation programmes 15

27. 2. 90 Official Journal of the European Communities No C 47/1

I

_(Information)_

#### EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION No 276/89

by Mr Pieter Dankert (S)

to the Commission of the European Communities

_(1_ _August 1989)_

(90/C 47/01)

_Subject:_ Failure to comply with milk quota rules

Jn its answer to Written Question No 2518/87 ('), the
Commission stated that 'although from the beginning of
1987 a number of Member States undertook to bring their
own legislation into line with requirements, the
Commission is not in a position at the present time to
confirm that all the Member States are in fact

implementing the provisions concerned properly' and that
'unless and until the Member States comply with the
Community rules, the Commission will determine any
appropriate financial implications.'

1. Which Member States has the Commission reminded

of their milk quota obligations?

2. Consequently, in -connection with clearance of
accounts for the financial year 1987, is consideration
being given to determining appropriate financial
consequences?

3. If so, which Member States are involved and what

sums have been mooted?

(') OJNoC36, 13.2. 1989, p. 18.

Answer given by Mr Mac Sharry
on behalf of the Commission

_(6 November 1989)_

1. The Commission has requested the Member States
not applying the additional milk levy in conformity with

Community rules to do so. The countries in question are
Italy, the Federal Republic of Germany, the Netherlands,
France, Belgium and Denmark.

2 and 3. Any financial implications which failure to
apply the Community provisions in question have for the
EAGGF will be reflected in the Commission's decision on

the clearance of the 1987 accounts, to be taken in October
1989 following consultation of the EAGGF Committee.

WRITTEN QUESTION No 293/89

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(1 September 1989)_

(90/C 47/02)

_Subject:_ The poisoning of Kurdish refugees from Iraq in
the Mardin camp in Turkish Kurdistan

On 10 June 1989 at the Mardin camp in which there are
nearly 16 000 Iraqi Kurds, the Turkish authorities served
poisoned food which affected 4 000 of the refugees. 15
people have been paralysed, 50 are in a critical condition
and the others are seriously ill, suffering from diarrhoea
and skin swellings, and vomiting blood. None of these
people was taken to hospital.

Can the Commission say what assistance it has been able
to give these refugees and, more especially, how it has
helped to tackle the very serious health problems that
some of them have faced?

Has it discussed with the Turkish authorities the

possibility of reintegrating these refugees?

No C 47/2 Official Journal of the European Communities 27. 2. 90

Answer given by Mr Matutes
on behalf of the Commission

_(16 November 1989)_

In the kind of conditions which tend to exist in large
refugee camps, it is often extremely difficult to maintain
high standards of sanitation and hygiene, particularly in
the preparation of food, and consequently, once epidemic
diseases enter such camps, they can spread very rapidly
because of the concentration of population. There is
however absolutely no evidence, according to the
information available to the Commission, to support the
claim by one group of Kurdish exiles that the Turkish
authorities deliberately offered poisoned food to refugees
in the Mardin Camp, or that they did not provide medical
assistance to the victims of an outbreak of disease. (It is
known, moreover, that cholera has been prevalent this
summer in other parts of South East Turkey.)

Since an initial emergency aid contribution of ECU
500 000 was made available at the end of 1988, which was
used to purchase tents and other supplies, the
Commission has not furnished any further assistance to
these refugees from Iraq. Further discussions about aid to
these refugees have taken place with several potential
Western donors, including the Commission and the
Turkish authorities, under the auspices of UNHCR, over
the last few months, but without agreement having yet
been reached about the modalities for such new action.

The Commission has not discussed with the Turkish

authorities any solution which might lead to the
integration of these refugees.

WRITTEN QUESTION No 303/89

by Lord O'Hagan (ED)

to the Commission of the European Communities

_(11 August 1989)_

(90/C 47/03)

_Subject:_ Social charter

The Commission will have noted that the social charter

has caused controversy in some Member States.

1. Could the Commission specify the legal base for the
social charter?

2. Would the adoption of the social charter
automatically legitimate subsequent legislation, or
would the legislation itself have to undergo the
normal legislative process laid down in the Treaties
and the Single European Act?

Answer given by Mrs Papandreou
on behalf of the Commission

_(27 October 1989)_

1. The draft Community charter on fundamental
rights takes the form of a solemn declaration in which the

Heads of State and Government would proclaim, for the
first time at European Council level, their commitment to
a series of principles seen as vital to the implementation of
the social dimension of the single market. It is a policy
statement which requires no specific legal basis.

2. The adoption of the charter would not modify the
Treaty. The Commission would formulate, in a work
programme, proposals concerning the implementation at
Community level of the principles of the charter, using
the various instruments at its disposal. To this end, it
would follow the procedure laid down by the Treaty.

WRITTEN QUESTION No 319/89

by Mr Hemmo Muntingh (S)

to the Commission of the European Communities

_(28 August 1989)_

(90/C 47/04)

_Subject:_ Environmental impact assessment in the
Netherlands

In the Netherlands there are plans to build a new road
between the communes of Doenrade, Brunssum and
Heerlen. This has caused a public outcry, as is indicated
by the hundreds of objections that residents have sent to
the authorities. The road will cut through a valuable
nature reserve and a planned noise abatement area. No
plans have been made for an environmental impact
assessment prior to construction work and Dutch
legislation does not seem to require this.

1. Does not the Commission think that the absence of

any requirement for an environmental impact
assessment for road construction reveals a gap in
Dutch legislation implementing EEC
Directive (85/337/EEC) on environmental impact
assessments (*)?

2. Can the Commission cite any other instances where
Dutch legislation falls short of the provisions of the
Directive?

3. What steps will the Commission take to bring Dutch
legislation into line with the Directive?

4. If the Netherlands Government fails to fulfil

requirements to carry out an environmental impact
assessment before building this road, would the
Commission be willing to bring pressure to bear on
the Netherlands Government, to make it postpone
construction of the road until a suitable environmental

impact assessment has been carried out?

O OJNoLl75,5.7. 1985, p. 40.

27. 2. 90 Official Journal of the European Communities No C 47/3

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

_(26 October 1989)_

1 and 2. The Commission discovered that the Dutch

legislation sent in application of Directive 85/337/EEC
on the assessment of the effects of certain public and
private projects on the environment does not transpose
Articles 2(3), 4(1) (Annex I, point 7, express roads) and
4(2) (Annex II) of the said Directive correctly.

3 and 4. The Commission decided on 19 July 1989 to
open an infringement procedure against the Netherlands,
partly as a follow-up to a complaint about the
construction of a new road between the communes of

Doenrade, Brunssum and Heerlen, because of incorrect
and incomplete transposition of Directive 85/337/EEC.

At present a letter of formal notice (the first phase of an
infringement procedure based on Article 169 of the EEC
Treaty) is being prepared by the Commission.

WRITTEN QUESTION No 320/89

by Mr Hemmo Muntingh (S)

to the Commission of the European Communities

_(28 August 1989)_

(90/C 47/05)

_Subject:_ Application of Directive 80/836/Euratom concerning basic standards

The Netherlands decree on radiation protection under
the Nuclear Energy Act (1986, 465) does not contain any
specific restriction on low-level radioactive sources,
contrary to Directive 80/836/Euratom (basic safety
standards) ('). Consequently a licence is no longer
required for a number of civil and industrial applications.
As a result administrative control over emissions is

lacking, as it is at the waste stage.

1. Can the Commission list the deficiencies of the Dutch

legislation compared with Directive 80/836?

2. Is the Commission planning to ensure that Dutch
legislation is brought into line with the Directive?

3. If the Commission regards civil nuclear safety as an
environmental issue, would it not be willing to include
the relevant Community legislation in the survey of
Community environmental legislation, as earlier
published in document XI/989/87?

O OJNoL246, 17.9. 1980, p. 1.

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

_(10 November 1989)_

Under Article 4 of Directive 80/836/Euratom of 15 July
1980 laying down the basic safety standards for the health
protection of the general public and workers against the
dangers of ionizing radiation, Member States may exempt
from the reporting and authorization requirements any
activities involving substances or apparatus with
radioactivity levels not exceeding certain thresholds,
which are negligible from a health standpoint. Such
exemptions are covered by Article 6 of the Dutch order on
radiation protection which complies with Article 6 of the
Directive.

In its capacity as guardian of the Treaties, the
Commission approached the Dutch authorities on the
basis of the powers conferred upon it by the Euratom
Treaty with a view to ensuring that the Dutch provisions
were fully in conformity with the Community Directive.
Such conformity requires adaptation concerning the
justification of activities involving exposure to ionizing
radiation, the periodic checking of measuring
instruments, individual monitoring of the contamination
of category A workers, special planned exposures and the
illustrative list of workers' fitness criteria.

The information it received during the consultations gives
the Commission every reason to believe that the points
which do not meet Community requirements will be
brought into line with the Directive.

Chapter III of Title II of the Euratom Treaty confers
upon the European Community powers relating to the
protection of health against the dangers of ionizing
radiation. Under Articles 30 to 33 of the Treaty, the
European Atomic Energy Community is empowered to
adopt basic standards for the radiation protection of the
general public and workers.

The Commission is empowered under Articles 35 to 38 to
conduct inspections and to monitor the effects of ionizing
radiation on the environment so that it can verify
compliance by the Member States with the basic radiation
protection standards and keep track of the radioactivity
levels in the environment.

Community legislation on environmental protection and
that on radiation protection evolved quite independently
of each other. The radiation protection provisions, based
on the Euratom Treaty, were laid down in 1959, while
those concerning the environment, based on the EEC
Treaty, did not appear until the 1970s. However, this does
not preclude the inclusion of Community legislation on
radiation protection in Document XI/989/87.

No C 47/4 Official Journal of the European Communities 27. 2. 90

WRITTEN QUESTION No 372/89

by Mr James Ford (S)

to the Commission of the European Communities

_(7 September 1989)_

(90/C 47/06)

_Subject:_ Age discrimination

Increasing numbers of people in the age group between 50
and 65 are finding there is both formal and informal
discrimination by employers against them when seeking
employment.

Does the Commission plan to investigate the extent of this
problem within the European Community and what
action will it propose?

Answer given by Mrs Papandreou
on behalf of the Commission

_(31 October 1989)_

Discrimination in employment is a problem which, up
until now, has affected more particularly young people
and women.

Discrimination against ageing workers is, however, of
growing concern and has engaged the Commission's
attention. This matter will be taken into account within

the framework of the new Commission action programme
on solidarity among the generations, currently in
preparation.

WRITTEN QUESTION No 373/89

by Mr James Ford (S)

to the Commission of the European Communities

_(7 September 1989)_

(90/C 47/07)

_Subject:_ Family benefits

Given the Member States' vastly differing social security
systems, and the consequent differences between family
incomes in Member States, the need for a coherent family
benefits policy throughout the European Community is
becoming increasingly urgent.

1. What progress has been made towards the
establishment of a family benefits policy which would
include the harmonization of family benefits and
family benefit systems to the best available standards?

2. What measures have been taken to implement the
conclusions of the European Council of 11 and 12
June 1988 in the field of family benefits policy?

Answer given by Mrs Papandreou
on behalf of the Commission

_(13 November 1989)_

Following the European Council of Copenhagen on 11
and 12 June 1988, the Council adopted the conclusions
leading to a meeting of Ministers responsible for family
policies in 1989 and the submission by them of a report on
their discussions.

On the basis of the Commission communication on

family policies ('), the Council and the Ministers
responsible for family affairs adopted, on 29 September
1989, conclusions on family policy requiring, notably, the
Commission to develop its activities in information
exchange and experience in this area through the
increased involvement of the group of senior civil servants
and of non-government organisations representing
families.

The Council also drew attention to the need for a

convergence strategy in social protection objectives and
policies.

The harmonization of family benefits is not envisaged at
this stage.

In the field of equality of treatment between men and
women, the existing Directives 79/7/EEC ( [2] ) (legal
schemes) and 86/378/EEC ( [J] ) (occupational schemes)
apply to family benefits but with the following
qualifications:

a) the first Directive 79/7/EEC of 19 December 1978 on
the progressive application of equal treatment in legal
schemes of social security excludes family benefits
_stricto_ _sensu_ from its field of application by virtue of its
Article 3(2). However, increases in other social
security benefits for family responsibilities enter into
the field of application of the Directive (Article 3(2));

b) the second Directive on the equal treatment of men
and women in occupational social security schemes
applies to all family benefits but only in respect of
employees.

Finally, a new Directive proposed by the Commission on
23 October 1987 _(*)_ attempts to fill in gaps left by the first
two directives and to ensure equal treatment in the whole
field of family benefits. This proposal is still being
discussed within the Committees and no decision has yet
been taken.

O COM(89) 363 final.
O OJNoL6,10. 1.1979, p. 24.
O OJNoL225, 17.8. 1986, p. 40.
( [4] ) COM(87) 494 final.

27. 2. 90 Official Journal of the European Communities No C 47/5

WRITTEN QUESTION No 390/89

by Mrs Christiana Muscardini, Mr Gianf ranco Fini and Mr
Giuseppe Rauti (NI)

to the Commission of the European Communities

_(7 September 1989)_

(90/C 47/08)

_Subject:_ Cerebrospinal units

Can the Commission state whether at least one 'regional
cerebrospinal unit' per two million inhabitants has been
set up in all Member States and, if not, does the
Commission intend to adopt the provisions necessary to
ensure that the governments concerned take steps to set
up such units by 1991 ?

Answer given by Mrs Papandreou
on behalf of the Commission

_(31 October 1989)_

The Commission regrets that it does not have information
available on the distribution of specialized 'cerebro-spinal
units' in Member States.

Furthermore, in view of the Commission's priorities in
other areas of work, no measures are currently envisaged.

WRITTEN QUESTION No 412/89

by Mr Michael Welsh (ED)

to the Commission of the European Communities

_(3 October 1989)_

(90/C 47/09)

_Subject:_ Misleading and unsolicited requests for payment

The Commission will be aware of the practice by which
organizations purporting to publish trade directories send
invoices to firms demanding payment for entries which
have not been requested. Recently firms in Lancashire
received invoices mailed in Denmark requesting payment
of £ 308 to be made to a Liechtenstein address for an

alleged entry in an 'international telefax directory of
communal data'.

In the United Kingdom such practices are covered by the
Unsolicited Goods and Services Act which requires these
documents to show clearly that they are not invoices or
demands for payment.

Does the Commission consider that in the context of 1992

it would be appropriate to protect firms against the
possibility of fraud by proposing legislation similar to the
Unsolicited Goods and Services Act at Community level?

WRITTEN QUESTION No 431/89

by Mr Terence Wynn and Mr Kenneth Stewart (S)

to the Commission of the European Communities

_(3 October 1989)_

(90/C 47/10)

_Subject:_ Bogus telefax invoices

Businesses in the United Kingdom have been receiving
bogus invoices for the rental of telefax machines, all for
the same amount of £ 308.

It is only the small print on the invoice that reveals that the
charge is a fee for entering the company's name in an
international telefax directory. However, the approach is
totally unsolicited and the continental organizers on the
'con' hope that the bills will be paid before the companies
realize that it is not their usual telefax rental bill.

The latest invoices were posted from Denmark, with the
money payable to a company called Communal data in
Schaan, Liechtenstein. This type of confidence trick has
been used many times in the past eight years in relation to
telex machines. In 1981 the invoices came from Spain; in
1985 a company called Telexcon of Liechtenstein sent
invoices out from Switzerland; in 1987 a company called
Telex Service Corp. used another address in Switzerland;
and in 1988 a company called Worldwide
Communications Systems used addresses in both
Liechtenstein and Switzerland. In all instances the

addresses used were post office boxes.

This type of invoice is illegal in the United Kingdom
under the Unsolicited Goods and Services Act 1971 and

trading standards officers could take legal action against
any person carrying on such activity in the United
Kingdom. However, there is no equivalent legislation in
countries from which the invoices are posted and
therefore no prosecutions can be made.

Similar invoices., will continue to be sent out until the
practice is made illegal in all European countries. To
begin the process, can the Commission enact legislation
that will make such activities illegal?

WRITTEN QUESTION No 444/89

by Mr Kenneth Stewart (S)

to the Commission of the European Communities

_(3 October 1989)_

(90/C 47/11)

_Subject:_ Bogus invoices for the rental of telefax machines
throughout Europe

Is the Commission aware that bogus invoices have been
appearing throughout the UK and in other areas of the

No C 47/6 Official Journal of the European Communities 27. 2. 90

Community for the rental of telefax machines? It is
believed that thousands of bills, all for an identical
amount of £ 308, have been sent to businesses owning
telefax machines across the country.

The Commission must be aware that it is only the small
print on the invoice that shows that it is a fee for entering
the company's name in an international telefax directory.
The approach is entirely unsolicited and the perpetrators
of the con hope that the bills will be paid, before the
companies realize it is not their usual telefax rental bill.

Invoices have been posted in Denmark, Liechtenstein,
Spain and Switzerland. All addresses used were post
office boxes. In the United Kingdom this type of invoice is
illegal under the Unsolicited Goods and Services Act 1971
and legal action can be taken against any person carrying
out such activities. But there is no such legislation in the
countries where the invoices are posted, therefore no
prosecutions.

Will the Commission take action to inform Member

States of these practices, recommending legislation to
make such activities illegal throughout the Community?

WRITTEN QUESTION No 638/89

by Mr Michael Hindley (S)

to the Commission of the European Communities

_(27 October 1989)_

(90/C 47/12)

_Subject:_ Bogus trade directory invoices

Firms in Lancashire have received invoices for alleged
entries in an international telefax directory from
Denmark. Such unsolicited invoices contravene United

Kingdom legislation.

Has the Commission received similar complaints from
other countries?

Does the Commission have any plans to coordinate
attempts to stop this practice?

Does the Commission consider that Community
legislation could be usefully introduced to end this
practice?

Joint answer to Written Questions Nos 412/89, 431/89,

444/89 and 638/89

given by Mr Van Miert
on behalf of the Commission

_(7 November 1989)_

As concerns the 'misleading advertising' aspect of the
practices mentioned, the Honourable Members are
invited to refer to the Commission's answer to Written

Question No 45/87 by Mr Simpson ('). Honourable
Members with sufficiently precise evidence in their
possession of instances in which Directive
84/450/EEC ( [2] ) might have been infringed are invited to
forward this information to the Commission.

The cross-border nature of the incidents described in the

questions appears to be a factor in inhibiting successful
recourse against those responsible. The Commission is
considering the desirability and feasibility of legislation at
Community level on unsolicited goods and services and
will in due course present any proposals considered
necessary. It should be noted, however, that this subject
does not figure amongst the priorities listed in the internal
market White Paper.

(') OJNoC 23,28. 1.1988.
O OJNoL250, 19.9. 1984.

WRITTEN QUESTION No 416/89

by Mrs Johanna Maij-Weggen (PPE)

to the Commission of the European Communities

_(3 October 1989)_

(90/C 47/13)

_Subject:_ European ban on floor coverings containing
asbestos

Is the Commission aware that floor coverings containing
asbestos (vinyl with underlay containing asbestos) is a
health hazard when it becomes worn or damaged or is
removed?

In which Member States is this type of floor covering still
manufactured and sold?

Will the Commission issue a Community directive
banning the manufacture and sale of floor covering of this
kind and draw up regulations for its safe removal?

Answer given by Mr Bangemann
on behalf of the Commission

_(31 October 1989)_

Asbestos fibres have not been found to be released during
the normal use of vinyl floor coverings containing
asbestos. There may be a release of fibres constituting a
health hazard when the floor covering is fully removed or
when parts only are removed. In this case, the Directive of
19 September 1983 on the protection of workers from the
risks related to exposure to asbestos at work applies (').

As far as the Commission is aware, this kind of floor
covering containing asbestos fibres is no longer produced
in the Community and is furthermore prohibited in, for
example, the Federal Republic of Germany and Denmark.

27. 2. 90 Official Journal of the European Communities No C 47/7

The Commission plans shortly to propose a Community
ban on this kind of floor covering and on a series of other
products containing asbestos which may constitute a
health hazard.

(') OJNoL263,24.9. 1983, p. 25.

WRITTEN QUESTION No 417/89

by Mrs Caroline Jackson (ED)

to the Commission of the European Communities

_(3 October 1989)_

(90/C 47/14)

_Subject:_ Regulations on dental radiographs

Community Directive 84/466/Euratom (') lays down
basic measures for the radiation protection of those
undergoing medical examination or treatment and
established the principle that all radiation exposure must
be medically justified and that all unnecessary radiation
examinations must be eliminated. Current requirements
of the British Dental Practice Board specify a minimum of
two radiographs as appropriate for a root canal filling.
Does the Commission consider that this BDPB

requirement is in accordance with Directive
84/466/Euratom, where alternative diagnostic measures
prove equally as effective and in keeping with Annex 1 (C)
of that Directive which states that encouragement should
be given to alternative techniques likely to prove at least as
effective and involve a lesser risk to health?

O OJNoL265,5.10.1984, p. 1.

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

_(15 November 1989)_

The aim of Council Directive 84/466/Euratom, laying
down basic measures for the radiation protection of
persons undergoing medical examination or treatment, is
to improve the radiation protection of patients without
affecting the benefit they derive from the use of ionizing
radiation in terms of diagnosis, early detection and

treatment.

This Directive, addressed to the Governments of the
Member States, lays down the objectives to be achieved
but leaves to the national authorities the choice of form

and methods.

One of the basic principles of the radiation protection of
patients is that any exposure to ionizing radiation on
medical grounds must be justified.

This principle has been incorporated in British law by a
binding standard under Article 4 of the Ionizing
Radiation (Protection of persons undergoing medical
examination or treatment) Regulations 1988 on which the
Commission was consulted at the draft stage, in
accordance with Article 33 of the Euratom Treaty. It is
therefore for the dentists themselves to determine, in each
individual case, whether two radiographs are medically
justified.

WRITTEN QUESTION No 418/89

by Mr Derek Prag (ED)

to the Commission of the European Communities

_(3 October 1989)_

(90/C 47/15)

_Subject:_ Planning control rules for new buildings

Does the Commission have any plans to harmonize
planning control rules for new buildings in the Member
States?

Answer given by Mr Bangemann
on behalf of the Commission

_(17 November 1989)_

The Commission does not intend to harmonize planning
control rules for new buildings in the Member States.

It does not consider that the matter comes within its area

of competence and cannot see any grounds for
Community action.

WRITTEN QUESTION No 421/89

by Mrs Carmen Diez de Rivera Icaza (S)

to the Commission of the European Communities

_(3 October 1989)_

(90/C 47/16)

_Subject:_ Use of recycled paper for ordinary European
Community publications

As it is well-known, the paper pulp industry is one of the
most harmful to the environment, as a result of effluent
which seriously pollutes our rivers, atmospheric
pollution, its consumption of water and energy, constant
deforestation, reafforestation with unsuitable,
fast-growing species with the attendant risk of fire, and so

on.

By way of illustration, 100 to 200 cubic metres of clean
water and four cubic metres of wood are needed to

produce one tonne of paper.

No C 47/8 Official Journal of the European Communities _27. 2._ 90

In view of this, is there not an urgent need to use recycled
paper for ordinary European Community publications
wherever possible?

Does the Commission intend to do so?

If so, when, and if not, why not?

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

_(16 November 1989)_

The Commission would refer the Honourable Member to

its answers to Written Question Nos 864/87 by Mr
Roelants du Vivier (>) and 1511 /88 by Mrs Andre ( [2] ).

Further, the Office for Official Publications of the
European Communities, responsible for the production
of Community publications, uses recycled paper on its
own equipment. The proportion of recycled paper in its
total consumption was, in 1988, almost 20 %.

The Commission will at all events do its best to boost its

consumption of recycled paper.

(') OJ No C 86,4. 4. 1988.
O OJNoC 138,5.6.1989.

WRITTEN QUESTION No 450/89

by Mr Floras Wijsenbeek (LDR)

to the Commission of the European Communities

_(12 October 1989)_

(90/C 47/17)

_Subject:_ Mortgage credit and Community legislation in
the financial and banking sector

Does the Commission agree that separate rules are
needed for mortgage loans in the near future, particularly
as regards the order in which the mortgage, the valuation
of the property and the amount of the loan are dealt with,
in view of the fact that mortgage loans are substantially
different from other kinds of loan?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(15 November 1989)_

The Commission confirms that, in the short term,
separate rules will be necessary for mortgage credit in

respect of the characteristics mentioned in the
Honourable Member's question. In this context, the
Commission refers the Honourable Member to the

amended proposal for a directive on the freedom of
establishment and the free supply of services in the field of
mortgage credit ('). This proposal recognizes the
differing conditions for mortgage credit in different
Member States. However, it does not envisage complete
harmonization of those conditions, which would be a very
cumbersome and lengthy task, but mutual recognition of
financial techniques. Parliament supported this approach
in its opinion of 19 February 1987 ( [2] ).

The Commission further notes that, in view of the fact
that the proposal for a second directive on the
coordination of laws, regulations and administrative
provisions relating to the taking up and pursuit of the
business of credit institutions ( [J] ) will cover to a large
extent the objective of the proposal of mortgage credit
directive, the Commission and the Member States are
presently reconsidering the latter proposal and whether
the agreed objective of liberalisation of the mortgage
sector could be achieved through other measures.

(') OJNoC 161,19.6.1987.
O OJNoC 76, 23. 3.1987.
O OJ No G 84, 31. 3. 1987. Amended proposal OJ No C 167, 3.
7. 1989.

WRITTEN QUESTION No 467/89

by Mr Joaquin Siso Cruellas (PPE)

to the Commission of the European Communities

_(12 October 1989)_

(90/C 47/18)

_Subject:_ Issue of separate currency in the British colony
of Gibraltar

The Government of the British colony of Gibraltar is
planning to cut down on the issue of British currency and
replace it with its own, separate currency, a project which
it began to put into effect at the end of last year.

Independently of whether this decision by the British
colony is illegal, since it is not a sovereign State and
therefore not empowered to issue its own currency, many
tourists from the Community Member States visiting
Gibraltar last summer were obliged to accept Gibraltarian
currency from the foreign exchange offices, which they
were then unable to change into any other currency after
leaving the Rock.

How does the Commission view the fact that Community
citizens visiting Gibraltar are obliged to accept this new

27. 2. 90 Official Journal of the European Communities No C 47/9

Gibraltarian currency, which is not legal tender on the
Community foreign exchange markets?

Answer given by Mr Delors
on behalf of the Commission

_(14 November 1989)_

The Commission understands that there are no plans to
restrict the circulation of United Kingdom currency in
Gibraltar. The reference in the question may result from a
misunderstanding of a circular to banks from the
Accountant-General there on 27 July 1989 informing
them of measures to maintain the established balance

between local and UK notes.

Gibraltar notes, like United Kingdom notes, are
denominated in sterling, and sterling is the monetary unit
there. The Gibraltar authorities are empowered to issue
local notes by the Currency Note Ordinance of 11 May
1934, as amended. It provides, _inter alia,_ that Gibraltar
notes are legal tender there, that they are convertible into
United Kingdom notes in Gibraltar at par, and that the
note issue is backed by a Note Security Fund of equivalent
value in sterling.

There is no reason in principle why banks in Community
countries should not exchange Gibraltar notes. However,
it is entirely a matter for those banks whether or not they
are prepared to do so. Visitors who do not wish to take
Gibraltar notes out of Gibraltar can readily exchange
them for United Kingdom notes or for other European
currencies at banks and exchange bureaux in Gibraltar.

The form in which a Community currency, sterling in this
instance, is issued is not within the competence of the
Commission. It should be pointed out that, as well as
Bank of England notes, there are also issues of Scottish
and Northern Ireland banks in circulation in the United

Kingdom. Whether or not banks of any country are
prepared to exchange the notes of any issuing authority
other than of their own country is, subject to national
exchange controls, a matter for those banks. The vast
majority do so often at differential rates of
exchange/commission. Those differential rates reflect the
varying costs of such exchange to the banks involved.

The Commission is very conscious of the difficulties
which currency conversion can bring about for nationals
of Member States and the economic costs implied, all the
more so as numbers travelling grow larger. It is of the
opinion that a definitive solution will only be found in the
context of the realisation of economic and monetary
union.

WRITTEN QUESTION No 474/89

by Mr James Ford (S)

to the Commission of the European Communities

_(12 October 1989)_

(90/C 47/19)

_Subject:_ Electronic tagging schemes for criminals

What is the Commission's opinion of the British
Government's introduction of an electronic tagging
scheme for offenders, even though this is a breach of the
European Convention of Human Rights, to which the
United Kingdom is a signatory?

Answer given by Mr Delors

on behalf of the Commission

_(24 October 1989)_

As stated in reply to questions on similar subjects in the
past, the conditions under which offenders are held in the
Member States do not fall within the Commission's

sphere of competence.

WRITTEN QUESTION No 482/89

by Mr Jesus Cabezon Alonso (S)

to the Commission of the European Communities

_(12 October 1989)_

(90/C 47/20)

_Subject:_ Cleanliness of the Cantabrian beaches

What information does the Commission have on the

cleanliness of the Cantabrian beaches in 1988?

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

_(31 October 1989)_

The Commission has received from the Spanish
authorities the 1988 summary report on the quality of
bathing water, pursuant to Council Directive
76/160/EEC (').

The report states that the Spanish authorities have
identified 21 bathing areas on the Cantabrian coast,
monitored by water sampling at 25 sampling points. The
sampling frequency at four of these points was lower than
that laid down in the Directive.

Of the 21 bathing areas concerned, one - the La Concha
beach - did not conform to the provisions of the Directive.

Accordingly, the Commission will initiate preliminary
proceedings in respect of these cases of non-compliance
and will request further information from the Spanish
authorities.

(') OJNoL31,5.2. 1976,p. 1.

No C 47/10 Official Journal of the European Communities 27. 2. 90

WRITTEN QUESTION No 492/89

by Mr Victor Manuel Arbeloa Muru (S)

to the Commission of the European Communities

_(12 October 1989)_

(90/C 47/21)

_Subject:_ Measures in favour of firms which protect the
environment

Does the Commission approve of the granting of
subsidies to firms by national or regional governments
with a view to financing investments in connection with
the purchase and installation of equipment designed to
reduce pollution, financing extraction operations or
public waste tips and promoting the use of less pollutive
fuels in production processes in order to bring about an
improvement in the environment?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(8 November 1989)_

Subsidies granted by the Member States to firms to help
protect the environment are subject to the State aid
provisions of the EEC Treaty. That means that Member
States which intend to introduce such aid must notify it to
the Commission under Article 93(2) of the EEC Treaty so
that it can examine whether the aid is compatible with the
common market.

Such scrutiny is based on the provisions of the Treaty and
the criteria set out in the 'Community approach to State
aids in environmental matters'. The Commission has

made clear that it will look favourably upon state aid for
environmental purposes:

— which is intended to facilitate application of new
environmental standards,

— which, in net grant-equivalent terms, does not
account for more than 15% of the investment in

question, and

— which is granted in respect of plant which had been
operating for at least two years before the entry into
force of the standards in question.

The Commission nevertheless reserves the right to
reconsider its decisions if the 'polluter pays' principle is
altered.

WRITTEN QUESTION No 533/89

by Mr Josep Pons Grau (S)

to the Council of the European Communities

_(13 October 1989)_

(90/C 47/22)

_Subject:_ Competition No CJ 181/88; European
Community competitions

What controls does the Council exercise to ensure that the

authorities responsible for appointing staff within the
European Community carry out their duties correctly?

Is the Council aware of the suspicions of gross
irregularities in Court of Justice Competition No CJ
181/88, where one of the candidates, from outside this
Institution, has already for some time been carrying out
the duties for which the competition was called ?

Does the Council consider that a criterion could be

established to balance the costs of publicizing
competitions and the proper information of those
concerned?

Answer

_(24 January 199Q)_

In each Institution, the appointing authority determines,
in accordance with the provisions of the Staff
Regulations, the arrangements for its own competitions.
It is not, therefore, for the Council to intervene in
competitions organized by other Institutions.

WRITTEN QUESTION No 557/89

by Mr Carles-Alfred Gasoliba i Bohm (LDR)

to the Commission of the European Communities

_(24 October 1989)_

(90/C 47/23)

_Subject:_ Linguistic minorities

What progress has been made with the supplementary
report on the situation of linguistic minorities in Europe
with reference to Spain and Greece, which the
Vice-President of the Commission, Mr Manuel Marin,
requested Doctor Miquel Siguan, professor at the
University of Barcelona, to draw up?

Answer given by Mrs Papandreou

on behalf of the Commission

_(8 November 1989)_

The report mentioned by the Honourable Member is now
in the process of finalization.

WRITTEN QUESTION No 578/89

by Mr Klaus Hansen (S)

to the Commission of the European Communities

_(24 October 1989)_

(90/C 47/24)

_Subject:_ Reduction of capacity in the Community's steel
industry

Will the Commission persist with its original view that
steel capacity in the Federal Republic of Germany should

_27._ 2. 90 Official Journal of the European Communities No C 47/11

be reduced by between seven and eight million tonnes or
will it abandon this recommendation in the light of the
recent growth in steel consumption?

Answer given by Mr Bangemann
on behalf of the Commission

_(17 November 1989)_

The Commission has always examined the problem of
capacity closures on an overall Community level and,
except as a condition in specific cases of aid, has never
indicated where, on a national level, structural
adaptations must be made.

This being so, any assessment of the supply structure must
not be based on particularly favourable current market
conditions, but rather on a period long enough to
eliminate cyclical demand effects.

WRITTEN QUESTION No 579/89

by Mr Francois de Donnea (LDR)

to the Commission of the European Communities

_(24 October 1989)_

(90/C 47/25)

_Subject:_ Fines imposed by the Commission for concerted
practices

In August 1989, the Commission imposed fines on
fourteen producers of wire mesh for practices contrary to
Article 85 of the EEC Treaty, including one fine of ECU
315 000 on the Belgian company Steelinter.

Could the Commission give the reasons for its decision in
the latter case?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(15 November 1989)_

The Commission would refer the Honourable Member to

the text of its Decision of 2 August 1989 (*) imposing the
fine, in which the grounds are analysed in detail.

(') OJNoL260,6.9. 1989.

WRITTEN QUESTION No 614/89

by Mr Francois de Donnea (LDR)

to the Commission of the European Communities

_(27 October 1989)_

(90/C 47/26)

_Subject:_ Trade in drug precursor products

The Second UN Conference on Drugs for the first time
called for more stringent controls on trade in precursor
products (chemical products essential for synthesizing
drugs).

Does the Commission propose to put forward specific
proposals in response to this call?

Answer given by Mr Matutes
on behalf of the Commission

_(29 November 1989)_

On 8 June this year the Community signed the new UN
Convention against Illicit Traffic in Narcotic Drugs and
Pyschotropic Substances, adopted in Vienna on 19
December 1988.

It did so by virtue of its competence regarding
'precursors', chemicals and pharmaceutical products
manufactured mainly in the United States and Europe
which may be traded legally (and are thus in the CCT),
but can also be used to produce illicit drugs.

The Commission plans to send the Council a
communication concerning Community ratification of
the 1988 Vienna Convention by the end of the year. This
will enable the Community to exercise its powers with
regard to precursors without loss of time; the necessary
work has already begun and should be completed early
next year.

WRITTEN QUESTION No 631/89

by Mr James Fitzsimons (RDE)

to the Commission of the European Communities

_(27 October 1989)_

(90/C 47/27)

_Subject:_ Solvency ratio for credit institutions

The Irish Insurance Federation and other members of the

Comite Europeen des Assurances are concerned at the
potential discrimination against insurance companies
which would result from Article 6 of the Commission's

recent proposal for a Council Directive on a solvency
ratio for credit institutions.

No C 47/12 Official Journal of the European Communities 27.2.90

According to this Article, whereas assets guaranteed by
national credit institutions have a 20 % weight, the same
assets guaranteed by credit suretyship insurers have a
100% weight.

Will the . Commission undertake to remove this

unacceptable distortion of competition between the
banking and insurance sectors?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(17 November 1989)_

The Commission is aware that there might be some
negative consequences for insurance companies for the
reasons mentioned in the question. The Commission
therefore agreed to include in the recitals to the proposal
a new eighth recital which states that 'Whereas this
Directive provides for different weightings to be given to
guarantees issued by different financial institutions;
whereas the Commission accordingly undertakes to
examine whether the Directive as a whole significantly
distorts competition between credit institutions and
insurance companies and, in the light of that examination,
to consider whether any remedial measures are justified;'.
Once the examination has taken place the Commission
will be in a position to assess if, and to what extent the
alleged negative consequences are effective, and in case of
need, elaborate a new proposal.

WRITTEN QUESTION No 637/89

by Mrs Hfltrud Breyer (V)

to the Commission of the European Communities

_(27 October 1989)_

(90/C 47/28)

_Subject:_ Distribution of research funds among the
regions

How — in percentages — have funds been allocated
under the framework programme for research and
technological development and under individual
programmes per region and per Member State yearly
since 1979?

Answer given by Mr Pandolfi
on behalf of the Commission

_(16 November 1989)_

The funds allocated under the framework programme for
research and technological development are distributed
not by region but by subject.

The criteria used by European Regional Development
Fund for the definition of regions do not apply to
Community RTD.

The Commission draws up an annual list of the contracts
signed in the field of Community RTD, subdivided into
research subjects and Member States involved in each
subject. The list is regularly sent to the Parliament
Secretariat-General.

The Commission is sending the list for 1987, the year in
which the decision on the current framework programme
for 1987 to 1991 was adopted, and that for 1988 direct to
the Honourable Member and to the Secretariat-General

of Parliament.

WRITTEN QUESTION No 742/89

by Mr Madron Seligman (ED)

to the Council of the European Communities

_(14 November 1989)_

(90/C 47/29)

_Subject:_ Support for international action against high
seas drift netting

High seas drift netting in the Pacific is causing the death
of tens of thousands of dolphins, .seals, turtles, and
seabirds a year. It is also an indiscriminate manner, of
fishing, literally sweeping the seas clean of all fish, target
and non-target. If it continues unchecked, high seas drift
netting could totally upset the Pacific Ocean ecosystem
and lead to the serious depletion of marine mammal
species.

New Zealand's Prime Minister addressed the United

Nations General Assembly on 2 October on high seas
drift netting. Will the Council as the governments of the
Member States, who are all members of the United
Nations, support New Zealand's efforts in the United
Nations and seek international action against the
destruction of ecosystems by high seas drift netting? Will
it put this issue on its agenda?

Answer

_(24 January 1990)_

1. The Council attaches great importance to the
conditions in which fishing activities are carried out, in
order to ensure, _inter alia,_ the conservation of marine
biological resources. A call for the use of fishing methods
compatible with the conservation of species will be made
for the first time this year, with the support of the
Member States, of the Community, in the context of the

27. 2. 90 Official Journal of the European Communities No C 47/13

annual resolution of the United Nations General

Assembly concerning the law of the sea.

2. Accordingly, even though the Community is not a
member of any international organization covering the
Pacific and dealing with fisheries problems, and although
it has not concluded any fisheries agreement with the
States bordering on the Pacific Ocean, the Council agreed
that in the United Nations it would, through the French
Presidency, register a Community opinion in principle in
favour of the proposal for Resolution No L 30, submitted
by the United States and nine other countries on 2
November 1989.

3. The Council has not, furthermore, received any
proposals from the Commission on the subject.

WRITTEN QUESTION No 808/89

by Mr Gerard Deprez (PPE)

to the Council of the European Communities

_(28 November 1989)_

(90/C 47/30)

_Subject:_ Problems of road transport

As of 1 December 1989 the Austrian Government will

prohibit night-work for lorry drivers.

This measure will cause considerable inconvenience to

those employed in this sector (causing hours of delay,
traffic jams, etc.).

Can the Council say what progress has been made in
negotiations with Austria in this field?

Answer

_(24 January 1989)_

Negotiations on transport with third countries of transit
(Austria, Switzerland and Yugoslavia) are being
conducted by the Commission on the basis of the brief
issued by the Council on 19 December 1988 for the
second stage of those negotiations: it is not therefore for
the Council to comment on their progress.

WRITTEN QUESTION No 862/89

by Mr Jaak Vandemeulebroucke (ARC)

to the Commission of the European Communities

_(29 November 1989)_

(90/C 47/31)

_Subject:_ ESF support for Belgium

Would the Commission kindly provide a list of the
projects in Belgium which have received support from the

European Social Fund, giving the fullest possible
description of each project, the name and address of the
applicant and the amount received ?

Answer given by Mrs Papandreou
on behalf of the Commission

_(4 January 1990)_

The Commission will send direct to the Honourable

Member and to the Secretariat of Parliament a computer
print-out containing the information requested.

WRITTEN QUESTION No 886/89

by Mr Klaus Hansen (S)

to the Council of the European Communities

_(29 November 1989)_

(90/C 47/32)

_Subject:_ Appointment of national experts instead of
European officials

1. Why is the Council increasingly preventing the
Commission from appointing European officials and
forcing it to employ national experts on temporary
contracts, even for tasks involving the supervision of
compliance with Community law?

2. What guarantees are there that national experts
working for the Commission act exclusively in the
Community's interests and take no external instructions
whatsoever, although they maintain links with their
national governments ?

Answer

_(24 January 1990)_

The Council does not share the opinion that it is forcing
the Commission to make increasing use of national
experts for tasks involving the supervision of compliance
with Community law, to the detriment of the recruitment
of actual European officials. The Council notes,
moreover, that the number of the latter has continued to
rise steadily over the last few years.

It is up to the Commission to make the best use of the
means available to it and would seem natural that it

should also call on expertise from the Member States. A
distinction should also be made between those experts
who acquire the status of temporary staff and those who
are simply seconded from their original administration
for a limited period, e.g. under exchange programmes
with Commission officials.

No C 47/14 Official Journal of the European Communities _27. 2._ 90

When those concerned are employed as temporary staff
they are subject to the same obligations, particularly as
regards independence, as Community officials. When
they retain their status as national experts, the Council
has no reason to suppose that they fail to abide by the
rules of professional ethics which apply throughout the
Community institutions.

WRITTEN QUESTION No 935/89

by Mr Jos6 Happart (S)

to the Council of the European Communities

_(1 December 1989)_

(90/C 47/33)

_Subject:_ Abolition of the co-responsibility levy on milk

At its December 1988 part-session the European
Parliament called for exemptions from the
co-responsibility levy on milk. Today the Council's
proposals are moving in that direction. The intention in
introducing that tax was to combine it with measures to
promote dairy products.

We all know, however, that the proceeds from the
co-responsibility levy also served to finance the milk
surpluses that have now been eliminated.

What does the Council of Ministers intend to do now?

How will the co-responsibility levy finally be abolished?

For what purpose will the reserve fund be used?

Answer

_(24 January 1990)_

When it fixed prices and related measures for the 1989/90
marketing year, the Council made a number of changes,
with effect from 1 April 1989, to make the system of the
co-responsibility levy on milk and milk products more
flexible by stipulating in particular, in view of the trend in
the market situation, that the general rate of the levy
should be cut from 2% to 1,5% of the target price for
milk, plus a further cut of 0,5% for small producers
delivering up to or less than 60 000 kg, and also that
less-favoured areas should be exempt from the levy.

The specific programme for using part of the funds from
the levy is primarily a matter for the Commission which,
however, informs the Council annually of its plans for the
following year (for the 1989/90 marketing year: ECU 455
million in all).

With regard to the future situation of the
co-responsibility levy, the Council has not, at this stage,

received any proposal from the Commission. It will,
however, examine attentively all pertinent material
concerning the co-responsibility scheme in the light of the
proposals which the Commission may consider desirable
to submit to it at a later date.

WRITTEN QUESTION No 955/89

by Mr Gerard Monnier-Besombes (V)

to the Council of the European Communities

_(7 December 1989)_

(90/C 47/34)

_Subject:_ Request for an investigation into the underhand
behaviour of the police force in Miramas on 28
September 1989

Does the Council not think it desirable to intercede with

the French State for an investigation into the reasons
prompting the police force to take brutal action against a
peaceful, non-violent demonstration in Miramas on 28
September 1989?

I attended the demonstration and was likewise treated

roughly although I had informed the police that I was a
Member of the European Parliament.

In addition to being a physical attack, these events betray
a lack of respect on the part of the police for the status of
Members of the European Parliament.

Will the Council therefore take action to ensure that those

responsible apologize to the European Parliament, and
question the French Presidency as to its views on this type
of conduct?

Answer

_(19 January 1990)_

The Council is unable to comment on the Honourable

Member's statements.

WRITTEN QUESTION No 1046/89

by Mr James Ford (S)

to the Commission of the European Communities

_(18 December 1989)_

(90/C 47/35)

_Subject:_ Metal detecting as a pastime

In view of the banning of metal detection as a pastime in
some countries can the Commission say:

_27. 2._ 90 Official Journal of the European Communities No C 47/15

1. which Member States have banned or are considering
banning this hobby,

2. if the Commission is currently considering legislation
concerning this hobby,

3. if the answer to 2 is affirmative, what consultation is
the Commission to make with interested bodies, what
is the rationale behind the legislation and what is the
timescale of the current deliberations ?

Answer given by Mr Bangemann
on behalf of the Commission

_(5 January 1990)_

As the matter in question does not come within its
jurisdiction, the Commission is unfortunately unable to
supply the information requested.

WRITTEN QUESTION No 1165/89

by Mr da Cunha Oliveira (S)

to the Council of the European Communities

_(10 January 1990)_

(90/C 47/36)

_Subject:_ Free movement of persons — the concept of a
worker — workers engaged in social
rehabilitation programmes

On 31 May 1989, the European Court of Justice delivered
a judgment in the Bettray case (344/87), which, for the
first time, significantly limited the concept of a worker as
defined in the EEC Treaty.

In the case in question, the Court based its judgment on
the principle that a person originating in one Member
State but employed in another in circumstances in which
his activities are confined to social rehabilitation or

re-education cannot be considered a worker in the sense

accepted in Community law. The Court has thus called in
question the economic purpose and value of this kind of
work.

This unexpected judgment has increased the obstacles to
the free movement of persons who, for reasons of
poverty, are not participating actively in the economy or
no longer do so, thus dividing Europe into two — the
Europe of the workers, in the full sense of the term, who
are recognized to have economic value and for whom the
European area will be a reality, and the Europe of the
'others', who are obliged to stay permanently in their
country of origin.

1. How does the Council intend to react to this judgment
of the Court?

2. Does it intend to introduce regulations which, in
accordance with the Single Act, guarantee the free
movement of persons in all cases ?

3. If so, when does it intend to introduce such
regulations?

Answer

_(26 January 1990)_

1. Is is for the Commission to decide whether the

judgment to which the Honourable Member refers calls
for proposals to be submitted to the Council.

2. As regards rights of residence, the Commission has
already put forward proposals which are currently being
studied within the Council.

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