Source: EURLEX
Language: en
Format: md

# Official Journal

## of the European Communities

### English edition Information and Notices

ISSN 0378-6986

## C164

Volume 34

24 June 1991

Notice No

91/C164/01

91/C164/02

91/C164/03

91/C164/04

91/C164/05

91/C164/06

91/C164/07

91/C164/08

91/C164/09

91/C164/10

Contents Page

I _Information_

European Parliament

_Written Questions with answer_

No 758/90 by Mr Ernest Glinne to the Commission
Subject: The danger of using plutonium as a 'fuel' for stratospheric rockets 1

No 1109/90 by Mr James Ford to the Commission
Subject: The Commission's BRIDGE programme 2

No 1163/90 by Mrs Patricia Rawlings to the Commission
Subject: Export from United Kingdom of horses for slaughter 2

No 1226/90 by Mr Arias Cafiete to the Commission
Subject: Multiannual guidance programme for aquaculture (1987 to 1991) for Greece 3

No 1228/90 by Mr Arias Cafiete to the Commission

Subject: Multiannual guidance programme for aquaculture (1987 to 1991) for Portugal 3

No 1379/90 by Mr Alex Smith to the Commission
Subject: Research contracts to independent organizations and institutes 4

No 1390/90 by Mr Reinhold Bocklet to the Commission
Subject: First and second conference of European regional heads of government 5

No 1455/90 by Mr Jesus Cabezdn Alonso to the Commission
Subject: Aid to Spanish regions: Objective 5b 5

No 1525/90 by Mr Jose Barros Moura to the Commission
Subject: Report on the activities of the COMETT Programme for 1989 6

No 1615/90 by Mrs Raymonde Dury to the Commission
Subject: Exchanges of disabled people 6

(Continued overleaf)

Notice N o Contents (continued)

9 1 / C 164/11 N o 1696/90 by M r Pol Marck to the Commission

Subject: Stabilizers 7

9 1 / C 164/12 N o 1705/90 by M r H u g h M c M a h o n to the Commission

Subject: Implementation of the budget and Lingua projects 7

9 1 / C 164/13 N o 1820/90 by M r Klaus Hansen, M r Rolf Linkohr, M r Helwin Peter, Mrs Christa

Randzio-Plath, M r Jannis Sakellariou, M r Detlev Samland, M r Gerhard Schmid,

Mrs Barbara Schmidbauer, M r Kurt Vittinghoff and M r Gerd Walter to the

Commission

Subject: Revision of the Euratom Treaty 8

9 1 / C 164/14 N o 1854/90 by M r Niels Kofoed to the Commission

Subject: STM licences 8

9 1 / C 164/15 N o 1887/90 by M r Gerard Monnier-Besombes to the Commission

Subject: Community financial support for organic farming 9

9 1 / C 164/16 N o 1892/90 by Mrs Mechtild Rothe to the Commission

Subject: Trapping of birds in Belgium 10

9 1 / C 164/17 N o 2083/90 by M r Herman to the Commission

Subject: Application of the sixth VAT Directive in the United Kingdom 10

9 1 / C 164/18 N o 2391/90 by M r Mihail Papayannakis to the Commission

Subject: Infringement of Directives 79/409/EEC and 85/337/EEC 11

9 1 / C 164/19 N o 2432/90 by M r Ernest Glinne to the Commission

Subject: Medical training and torture 11

9 1 / C 164/20 N o 2529/90 by M r Neil Blaney to the Commission

Subject: Renewable energy sources 12

9 1 / C 164/21 N o 2583/90 by M r Franco Iacono to the Commission

Subject: Projected high-speed intercity service between Rome and Naples 13

9 1 / C 164/22 N o 2885/90 by M r Franco Iacono to the Commission

Subject: Lack of transport facilities in the south of Italy 13

Joint answer to Written Questions Nos 2583/90 and 2885/90 14

9 1 / C 164/23 N o 2605/90 by Mrs Viviane Reding to the Commission

Subject: VAT refunds 14

9 1 / C 164/24 N o 2643/90 by M r Mihail Papayannakis to the Commission

Subject: Protection of the Kalamas river and sewerage from Ioannina 14

9 1 / C 164/25 N o 2685/90 by Mrs Ursula Schleicher to the Commission

Subject: Travel opportunities within the European Community for non-EC nationals holding a
visa valid for one Member State 15

91 / C 164/26 N o 2704/90 by M r Alexandros Alavanos to the Commission

Subject: Transportation of toxic waste to Eastern Europe 16

9 1 / C 164/27 N o 2739/90 by Mrs Raymonde Dury to the Commission

Subject: European safety standards for gas canisters 16

Notice No

91/C164/28

91/C164/29

91/C164/30

91/C164/31

91/C164/32

91/C164/33

91/C164/34

91/C164/35

91/C164/36

91/C164/37

91/C164/38

91/C164/39

91/C164/40

91/C164/41

91/C164/42

91/C164/43

91/C164/44

91/C164/45

Contents (continued) Page

No 2754/90 by Mr Carlos Robles Riquer to the Commission
Subject: Community participation in the Hispano-German energy programme 'Asterix' 17

No 2755/90 by Mr Carlos Robles Piquer to the Commission
Subject: Current stage reached in the harmonization of indirect taxation 18

No 2756/90 by Mr Carlos Robles Piquer to the Commission
Subject: Scientific use of nuclear energy 19

No 2768/90 by Mrs Astrid Lulling to the Commission
Subject: German protectionist measures 19

No 2808/90 by Mr Gerhard Schmid to the Commission
Subject: 'Surimi' — prawn-shaped protein paste coloured with paprika 20

No 2818/90 by Mrs Cristiana Muscardini to the Commission
Subject: Lead poisoning from hunting cartridges 20

No 2862/90 by Mr Jean-Pierre Raffarin to the Commission
Subject: World trade in textiles for clothing 21

No 2942/90 by Mr Mihail Papayannakis to the Commission
Subject: Preservation of the purebred spotted goat of Antlmilos — Capra Aegagrus Stictus . . . . 21

No 2949/90 by Mr Giuseppe Mottola and Mr Gerardo Gaibisso to the Commission
Subject: Proposed amendment to the Directive on the labelling of tobacco products — moist
snuff tobacco products for oral use — COM(90) 538 22

No 2973/90 by Mr Thomas Megahy to the Commission
Subject: Human rights abuses in Sri Lanka — Representations 23

No 3028/90 by Mr Giuseppe Mottola to the Commission

Subject: Interpretation of the powers reserved to the Member States under Article 14 of
Directive 79/409/EEC 23

No 2/91 by Mr Kenneth Collins to the Commission
Subject: Application of EC spirits regulations 23

No 79/91 by Mr Mihail Papayannakis to the Commission
Subject: Problems in the textiles sector 24

No 8 8 /91 by Mr James Ford to the Commission
Subject: Harmonization of personal fire-arms legislation 25

No 128/91 by Mr Luigi Vertemati to the Commission

Subject: Headquarters of the European Environmental Agency 25

No 244/91 by Mr Gerard Monnier-Besombes to the Commission
Subject: Special protection areas for the short-eared owl _(Asioflammeus)_ 26

No 339/91 by Mr Jose Mendes Bota to the Commission
Subject: EEC Golf Tournament 26

No 365/91 by Mr Francesco Speroni to the Commission

Subject: Measures to bring Italian law into line with Community law 27

(Continued overleaf)

Notice No Contents (continued) Page

91/C 164/46 No 551/91 by Mr Jannis Sakellariou to the Council

Subject: Memorandum from the self-styled 'President of the Turkish Republic of Northern
Cyprus' to the President of the Council of the European Community 27

91 /C 164/47 No 675/91 by Mr Ernest Glinne to the Commission
Subject: Declaration on the Rights of Disabled Persons 28

91/C 164/48 No 704/91 by Mr Paul Staes to the Commission
Subject: Programme of research into the problem of slurry in Belgiom 28

91/C 164/49 No 762/91 by Mr Gerard Monnier-Besombes to the Commission
Subject: Definition of the status of animals 28

91/C 164/50 No 763/91 by Mr Ernest Glinne to the Commission
Subject Aspartame and phenylalanine 28

24. 6. 91 Official Journal of the European Communities No C 164/1

##### I

_(Information)_

#### EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION No 758/90

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(29_ _March 1990)_

(91/C 164/01)

_Subject:_ The danger of using plutonium as a 'fuel' for
stratospheric rockets

After the launching on 19 October 1989 of the rocket
Galileo, which contained 49,25 pounds of plutonium to
provide the heat and electrical supply needed for the
rocket's instruments, Mr George Hochbrueckner, a
member of the House of Representatives, and Michio
Kaku, a professor of nuclear physics at New York City
University, expressed regrets that NASA had concealed
certain data and chosen not to use an alternative form of
energy, such as could be supplied by solar rays picked up
by mirrors attached to the rocket like 'wings'; such a
system would produce energy through a series of
photovoltaic cells. Documents made public thanks to the
United States' Freedom of Information Act and studies by
the Jet Propulsion Laboratory of the California Institute
of Technology have shown that solar energy could have
been used for Galileo and could be used for the latest
programmes: Ulysses, in 1990; CRAFT (Comet
Rendez-vous Asteroid Flyby) in 1995; and Cassini in
1996.

Political and scientific circles in the United States
therefore have serious worries about plutonium-powered
generators, for the following reasons:

1. the risk at launching;

2. subsequent risks

3. the fact that the plutonium-powered generator (RTG)
was subsidized by the Department of Energy, thus
lowering its cost, to the detriment of its rival, solar

energy;

4. the use of the RTG in a 'Star Wars' programme; for
technical reasons, it would be far more difficult to use
solar energy for this purpose.

I should like to know the Commission's views on the
problems posed — both in principle and in practice — by
the nuclearization of space, which will adversely affect
Planet Earth and all its continents. Does it agree that
reciprocal multilateral checks should be carried out
before the programme and its successors over the period
1990 — 1996 are pursued further?

Answer by Mr Pandolfi
on behalf of the Commission

_(23_ _January 1991)_

The Commission is aware of the possible consequences of
using nuclear powered energy sources and nuclear
reactors in outer space and in particular it closely follows
the initiatives in progress at the appropriate international
level.

A United Nations Committee on the peaceful use of outer
space recently presented a report on this subject to the
United Nations General Assembly (*). The report includes
recommendations aiming to restrict the use of nuclear
power sources in outer space to those space missions
which cannot be operated by non-nuclear energy sources
— in particular solar — in a reasonable way and to ensure
the safe use of nuclear power sources when necessary.

Any organization base in the European Community
which carried out activities including the use of nuclear
power sources in outer space would have to comply with
the requirement of the Council Directive of 15 July 1980
laying down the Basic Safety Standards for the health
protection of the general public and the workers against
the dangers of ionizing radiation ( [2] ).

In the event of a satellite containing radioactive materials
returning to Earth, the arrangements for the early

No C 164/2 Official Journal of the European Communities 24. 6. 91

exchange of information in the event of a radiological
emergency would be up into action. These arrangements
which were set up by the Council Decision of 14
December 1987 ( [J] ), would be implemented alongside the
procedures set up under the terms of the Vienna
Convention of 26 September 1986 on the early
notification of a nuclear accident which was signed by the
12 Community Member States and to which the Council
decided that the Community will access.

The Community arrangements were activated as a
precautionary measure in September 1988 in connection
with the possibility of the Soviet Cosmos 1900 satellite
returning to Earth on an area of Community interest.

O UN General Assembly A/AC. 105/C.1/L.168 of 8 March

1990.
O OJ No L 246, 17.9. 1980 and OJ No L 265, 5.10.1984.
( [J] ) OJNoL371,30.12.1987.

WRITTEN QUESTION No 1109/90

by Mr James Ford (S)

to the Commission of the European Communities

_(14 May 1990)_

(91/C 164/02)

_Subject:_ The Commission's BRIDGE programme

Referring to its BRIDGE programme for specific research
in the field of biotechnology, would the Commission give
details of UK applications for this programme over the
last seven years, saying how many of these were approved,
how many projects approved had British coordinators?
Would the Commission also outline the mechanism

whereby continuity and maintenance of standards is
assured?

Answer given by Mr Pandolfi
on behalf of the Commission

_(12 July 1990)_

The BRIDGE (*) programme started in January 1990 and
will cover the period 1990—1993. Before BRIDGE,
biotechnology R & D had been implemented at
Community level within the framework of the
Biomolecular Engineering Programme ( [2] ) (BEP: April
1982 — March 1986) and of the Biotechnology Action
Programme ( [J] ) (BAP: 1985-1989).

In BEP, the research proposals were prepared
independently by each of the laboratories interested in the
programme; in BAP the totality of applications received
and ultimately selected were submitted by transnational
groups of laboratories willing to integrate their research
efforts into the ELWW (European Laboratories Without
Walls) which the Commission organised and animated
afterwards. In BRIDGE, each of the transnational
proposals submitted to the Commission is presented by a

(a) As isolated proposals.
(b) Total number of British laboratories in transnational proposals.

The Commission is sending directly to the Honourable
Member and to the Secretariat of Parliament more

detailed information about the programmes on research
and technology.

O BRIDGE programme: OJ No L 360,9.12.1989.
O BEP: OJ No L 375, 30.12.1981.
O BAP: OJ No L 83,25. 3.1985.

WRITTEN QUESTION No 1163/90

by Mrs Patricia Rawlings (ED)

to the Commission of the European Communities

_(14 May 1990)_

(91/C 164/03)

_Subject:_ Export from United Kingdom of horses for
slaughter

Will the Commission state whether it would be possible,
under the terms of Article 36 of the Treaty, for the United
Kingdom to maintain, after 31 December 1992, its
'minimum values' provision, which effectively acts as a
ban on the export from the United Kingdom of horses
and ponies for slaughter?

Answer by Mr Mac Sharry
on behalf of the Commission

_(28 June 1990)_

To facilitate the achievement of the single market by the
end of 1992, certain modifications to the existing

coordinator (usually one of the project leaders) who will
be responsible for the management of the ELWW if the
proposal is selected for funding.

The success of ELWWs, the progressive decentralisation
of management, the adaptation, from one programme to
the next, of the research objectives and the regular
increase in transnational cooperation assure the
continuity, maintenance and improvement of standards,
which are submitted, at regular intervals, to detailed
evaluation procedures.

The Honourable Member will find below the information

requested about statistics:

Applications from the United Kingdom

Approved with

Approved

21(a)

77(b)

86(b)

BEP

BAP

BRIDGE

Received

ca. 80(a)

338 (b)

472 (b)

British

coordinator

not applicable

not applicable

20.

24. 6. 91 Official Journal of the European Communities No C 164/3

Community legislation (') governing the protection of
animals during international transport will be necessary.
In consequence, the Commission has submitted a
proposal for a new Regulation ( [2] ) protecting transported
animals.

This proposal, if adopted, will extend to transport of
animals, including horses, within as well as to and from
Member States. The controls which Member States

impose at the internal frontiers of the Community under
the present Directives will be superseded.

The Commission is presently aware that the United
Kingdom, in addition to the specific frontier measures
provided for in the present International Transport
Directives, applies minimum values for exported live
horses and ponies, which it claims to be compatible with
present Community law.

The Commission takes the view that the proposed new
Transport Regulation reinforces the degree of protection
under the current provisions and provides a
comprehensive welfare code for transport of animals
within the Community. As a matter of Community law,
the Commission would regard the proposed Transport
Regulation, if it is adopted in the form proposed, as
exhaustively regulating this aspect of animal welfare, and
therefore excluding the possibility of resort by Member
States to Article 36 of the EEC Treaty.

Insofar as it may be suggested that the maintenance of
complementary national measures may be justified
because of possible ill-treatment at the slaughterhouse of
destination, it should be stressed that, under Council
Directive 74/577/EEC ( [3] ), use of human slaughter
procedures involving pre-stunning with an approved
instrument is mandatory. A proposal to update this text
will shortly be submitted to the Council.

O Council Directive 77/489/EEC; OJ No L 200, 8. 8. 1977, p.

18, and Council Directive 81/389/EEC; OJ No L 150, 6. 6.
1982,p.1.
O OJ No C 214,21. 8.1989, p. 36.
(') OJNoL316,26.11. 1974, p. 11.

WRITTEN QUESTION No 1226/90

by Mr Arias Canete (PPE)

to the Commission of the European Communities

_(22 May 1990)_

(91/C 164/04)

_Subject:_ Multiannual guidance programme for
aquaculture (1987 to 1991) for Greece

Having regard to Commission Decision 88/8/EEC (') of
11 December 1987 on the multiannual guidance
programme for aquaculture (1987 to 1991) submitted by

Greece pursuant to Council Regulation (EEC) No
4028/86 ( [2] ), can the Commission give details of the
programme's specific objectives, in order of priority, and
the investment provided for in the programme?

(') OJNoL4,7.1.1988, p. 25.
( [2] ) OJ No L 376, 31.12.1986, p. 7.

Answer by Mr Marin
on behalf of the Commission

_(12 July 1990)_

The general objective of the programme is development
of intensive and semi-intensive aquaculture (fish,
crustaceans and molluscs) and exploitation of lagoons,
lakes and rivers.

This involves

— for intensive aquaculture: the establishment of a
network of hatcheries to support the sector and
development of the tools of production;

— semi-intensive aquaculture: modernization of
mussel-growing and related consumer promotion;

— exploitation of lagoons, lakes and rivers:
infrastructure work in lagoons to allow the
traditional, extensive type of production to be
replaced by semi-intensive environmentally friendly
production, and promotion of fish farming.

Some 100 projects together with improvements covering
30 000 ha of lagoon should permit an increase in
production capacity of around 11 300 tonnes, made up of
6 000 tonnes of marine species, 2 300 tonnes of freshwater
species, and 3 000 tonnes of lagoon species.

Total scheduled investment for the entire programme is
ECU 110 million as follows:

— Work on lagoons: ECU 58,8 million,

— Intensive aquaculture: ECU 34,9 million,

— Mussel farming: ECU 1,3 million,

— Fish farming: ECU 16,3 million.

WRITTEN QUESTION No 1228/90

by Mr Arias Canete (PPE)

to the Commission of the European Communities

_(22 May 1990)_

(91/C 164/05)

_Subject:_ Multiannual guidance programme for
aquaculture (1987 to 1991) for Portugal

Having regard to Commission Decision 88/10/EEC( [1] )
of 11 December 1987 on the multiannual guidance

No C 164/4 Official Journal of the European Communities 24. 6. 91

programme for aquaculture (1987 to 1991) submitted by
Portugal pursuant to Council Regulation (EEC) No
4028/86 (*), can the Commission give details of the
programme's specific objectives, in order of priority, and
the investment provided for in the programme?

O OJNoL4,7. 1.1988, p. 27.
O OJ No L 376,31.12. 1986, p. 7.

Answer by Mr Marin
on behalf of the Commission

_(12 July 1990)_

The Portuguese programme, which covers only mainland
Portugal, seeks to achieve full utilization of the potential
offered by the country's lagoons and inland waters as well
as optimum utilization of coastal land and the
hydrographic network.

The principal objectives may be attained by:

— the installation of facilities for the production of
juveniles, the installation of more modern and
more efficient fish-farming facilities (saltwater and
freshwater) and the general improvement of the social
and economic environment of the sector;

— the conversion of salt pans;

— the modernization of mollusc beds;

— the construction of artificial reefs to protect certain
areas of the coast.

The implementation of some 70 schemes would increase
production capacity by approximately 7 500 tonnes of
aquaculture products, namely 950 tonnes of saltwater
species, 2 500 tonnes of freshwater species and 4 000
tonnes of shellfish.

These schemes, which represent an overall investment of
ECU 18,51 million, break down as follows:

— semi-intensive and intensive production: ECU 9,6
million,

— extensive farming: ECU 3,14 million

— production facilities: ECU 5,7 million

— (of which conversion of salt pans: ECU 3,7 million).

WRITTEN QUESTION No 1379/90

by Mr Alex Smith (S)

to the Commission of the European Communities

_(11_ _June 1990)_

(91/C 164/06)

_Subject:_ Research contracts to independent organizations
and institutes

What decisions have been made by the Commission in
regard to issuing research contracts to independent

organizations and institutes to conduct research for the
Commission (DG XI, DG XII, DG XVII respectively) in
preparation for:

1. the second World Conference on Climate in Geneva

in October 1990 and

2. the Commission's longer term policy planning to
combat global warming and the greenhouse effect,
following the recent Council decision?

Answer by Mr Pandolfi
on behalf of the Commission

_(28 September 1990)_

The Commission is involved in the study of climatology in
running research and demonstration programmes.

Firstly, within the framework of its R&D programmes in
the field of environment, the Commission has developed a
series of sub-programmes in climatology and related
fields (1981 — 1985) (*); climatology and Natural Hazards
(1989—1990) O ; EPOCH European Programme on
Climatology and Natural Hazards (1989—1992) ( [3] ).
Under these programmes, contracts have been issued to
many European institutions conducting research in fields
relevant to the problem of climate change, its causes and
its impacts.

On an other hand, within the framework of the JOULE
sub-programme ( [4] ), the Commission is presently
undertaking a major study on the evaluation of energy
policies leading to reduced CO2 emissions. This action
calls upon the participation of about 20 European
Research Institutes. These analyses are supported by
economic, energy and environmental models from the
Commission (MIDAS, EFOM-ENV, HERMES) and the
results should be available by October 1990.

The third Framework Programme (1990—1994) ( [5] )
and particularly the new specific programmes on
environment ( [6] ) and non-nuclear energies (') advocate the
continuation of these studies.

The Commission, on the basis of its Studies Programme,
in assessing the energy/environment aspects of climate
change has also recourse to specialists studies. The
procedures follow the general Commission rules of
calling for tenders where the sum involved exceeds ECU
18 000.

Most European scientists dealing with problems related to
climate change have been involved in projects funded
by the Commission, and therefore their contribution to
the World Climate Conference will owe much to the

Community funding, not only in terms of their own

24. 6. 91 Official Journal of the European Communities No C 164/5

individual work, but also in terms of cooperation link
established and coordination of activities at the European
level.

O OJNoL 101,11.4.1981.
O OJ No L 159,14.6.1986.
O OJNoL359,8.12.1989.
O OJNoL98,11.4.1989.
(*) OJ No LI 17, 8. 5.1990.
(*) COM(90) 158.
O COM(90) 164.

WRITTEN QUESTION No 1390/90

by Mr Reinhold Booklet (PPE)

to the Commission of the European Communities

_(13 June_ _1990)_

(91/C 164/07)

_Subject:_ First and second conference of European
regional heads of government

On 18 and 19 October 1989 the first conference of
European regional heads of government was held in
Munich. This was followed by a second conference held
on 24 and 25 April 1990 in Brussels. Both conferences
passed resolutions containing major demands concerning
the legal status of the regions and their participation in the
construction of Europe.

1. Is the Commission aware of the demands put forward
by these two conferences?

2. Which of these demands does it intend to take into
account in exercising its right of initiative in order to
improve the legal status of regions in the Community?

Answer by Mr Millan
on behalf of the Commission

_(31 July 1990)_

1. The Commission has noted the resolutions adopted
at the first and second conferences of European regions
held in Munich and Brussels.

2. Consideration of institutional reform has started in
preparation for the intergovernmental conferences to be
held at the end of the year. One of the matters for
consideration will undoubtedly be the sharing of
responsibilities between the Community, central
government and regional government. The Commission
has always been in favour of maximum involvement of
regional and local authorities in Community policy
making. It set up the Consultative Council of Local and
Regional Authorities which, during its first year of
operation, has established very good working relations
with the Commission, particularly as regards regional

policies. In its present form, the Consultative Committee
is only a first step towards closer participation by regional
and local authorities in the building of Europe. But
greater participation will have to allow for the varying
structures of power in the Member States, institutional
organization being entirely a matter of national
sovereignty.

WRITTEN QUESTION No 1455/90

by Mr Jesus Cabezdn Alonso (S)

to the Commission of the European Communities

_(13 June_ _1990)_

(91/C 164/08)

_Subject:_ Aid to Spanish regions: Objective 5b

The aid approved by the Commission to the Spanish
regions covered by Objective 5b is very considerably less
than the amount requested by the Spanish Government.

What are the reasons for this difference?

Is the Commission aware of the major repercussions of its
decision?

Answer by Mr Mac Sharry
on behalf of the Commission

_(6 September 1990)_

In application of Council Directives, the Commission has
decided to grant ECU 2 795 million at constant 1989
prices for measures to be carried out under Objective 5(b)
in all the Member States concerned.

On 26 October 1989, the Spanish authorities submitted
The Development Plan for Rural Areas in Spain
1989—1993 covering 5(b) areas to the Commission. The
funding requested in the Plan for the period in question
amounted to ECU 1 763,6 million, i.e. 63,1 % of the total
sum granted for all the Member States concerned. This
percentage is much higher than the relative weight of the
Spanish 5(b) areas in the total of 5(b) areas in the nine
countries involved.

On 20 December 1989, the Commission adopted a
Decision apportioning the funds available for Objective
5(b), granting Spain ECU 255 million out of the total
appropriation of ECU 2 493 million (ECU 302 million
being reserved for Community initiatives).

The Spanish authorities, both national and regional,
expressed their disagreement with the amount granted to
Spain. The Commission responded to the Spanish request
and, at its meeting of 2 May 1990, granted Spain an

No C 164/6 Official Journal of the European Communities 24. 6. 91

additional ECU 30 million bringing the . amount of
Community funds for Spanish 5(b) areas to ECU 285
million, i.e. 10,93 % of the final total of ECU 2 607 million
(only ECU 188 million have been reserved for
Community initiatives). On 6 June the Commission
adopted the Community support framework for Spain
with the agreement of the Member State.

WRITTEN QUESTION No 1525/90

by Mr Jos6 Barros Moura (CG)

to the Commission of the European Communities

_(21 June 1990)_

(91/C 164/09)

_Subject:_ Report on the activities of the COMETT
Programme for 1989

Can the Commission explain why Portugal's participation
in the COMETT I Programmes was merely between 9 %
and 16% of the total (compared to Belgium and the
Netherlands which are countries of similar size) and why
Portugal is a 'net importer' of students (it receives more
students than it sends abroad) (see, respectively^ pp. 8 and
10ofCOM(90)119final)?

Answer by Mrs Papandreou
on behalf of the Commission

_(7_ _September 1990)_

There have been a number of problems regarding
participation by Portuguese bodies in the COMETT
programme (Portuguese applications: 4,3 % of the total;
Portuguese participation in projects submitted by other
Member States: 12,5 % of the total).

(i) When the COMETT programme started in 1987
Portugal had only been a member of the Community
since January 1986. Portugal's recent accession may
have meant it lacked the information and contacts it
needed for participation on COMETT projects.

(ii) There has been little development of relations
between universities and businesses in the field of
training.

(iii) It has been difficult to find other sources of finance
when levels of Community aid have not come up to
expectations.

(iv) Problems have been encountered in the initial
organization of the COMETT Information Centre
in Portugal.

However, it is hoped that with the setting up of a new
Information Centre by ministerial agreement in 1989 —
the Council for Cooperation in Higher Education
(CESE) — Portugal will take a more active role in
COMETT II.

As regards student placements, COM(90) 119 final gives
results for only 20 % of the grants awarded, as the final
reports on the remaining 80 % are still being analysed. A
more detailed analysis of these reports shows that
Portugal is sending more students than it _is_ receiving.
Nevertheless, some problems still persist, the most
important being that universities do not recognize work
experience in firms.

It should also be pointed out that the final results will
appear in a document entitled 'Development of
COMETT', which is to be published shortly and made
available to Parliament.

WRITTEN QUESTION No 1615/90

by Mrs Raymonde Duty (S)

to the Commission of the European Communities

_(2 July_ _1990)_ %

(91/C 164/10)

_Subject:_ Exchanges of disabled people

The Commission has already taken a number of initiatives
to promote exchanges of persons within the Community.

Do any of the programmes apply specifically to the
disabled and those who help them to integrate into
society?

Answer by Mrs Papandreou
on behalf of the Commission

_(26 September 1990)_

By its Decision of 18 April 1988 ('), the Council adopted
the HELIOS programme for disabled people. The aim of
this programme is to promote a consistent overall policy
on the social integration of disabled people.

Part of the programme is designed to facilitate the
establishment of European NGOs to deal with the
specific problems of the disabled. About thirty of these
NGOs participate in a discussion group which the
Commission consults regularly. The HELIOS
programme also finances conferences, seminars and
meetings held by disabled people's associations
throughout the Community to discuss a wide range of
topics. Large-scale exchanges of disabled people are thus
taking place all the time.

On 31 May 1990, to facilitate exchanges of disabled
people, the Council and the Ministers of Education
adopted a resolution on the integration of disabled

24. 6. 91 Official Journal of the European Communities No C 164/7

children and young people into ordinary systems of
education.

In paragraph 8 of this resolution the Member States are
asked to support the Commission, assisted by the
Education Committee and the expert group reporting to
the HELIOS Working Party on Educational Integration,
to ensure that all programmes and activities cater to
the special needs of the disabled, thus facilitating
international exchanges of the latter.

(') OJNoLl04,23.4. 1988.

WRITTEN QUESTION No 1696/90

by Mr Pol Marck (PPE)

to the Commission of the European Communities

_(5_ _July 1990)_

(91/C 164/11)

_Subject:_ Stabilizers

Can the Commission say what use is being made in Spain,
Portugal and Greece of

— early-retirement arrangements,

— income support and

— the set-aside premium?

Which measures have actually been applied and to what
effect?

Answer by Mr Mac Sharry
on behalf of the Commission

_(30 August 1990)_

As far as the Community scheme to encourage the
cessation of farming provided for in Regulation (EEC)
No 1096/88 ( [J] ) is concerned, it should be borne in mind
that this is an optional measure; the Member States may
opt not to apply all or part of the scheme on part or all of
their territory. Among the three Member States
mentioned by the Honourable Member, the Commission
approved national implementing provisions for Greece
and Spain in 1989. These concerned early retirement
combined with the allocation of vacated land for the

expansion of neighbouring holdings. Greece has
submitted an application for reimbursement relating to
61 424 beneficiaries, which is under consideration.

As regards the set-aside scheme, national implementing
provisions were published for Spain and Greece in
December 1988. Portugal is exempt from this scheme

until 31 December 1994. As for the results of

implementation of the scheme, 34 229 hectares were set
aside in Spain during the 1988/89 marketing year. The
Commission does not yet have the figures for 1989/90. In
Greece the actual implementation of the scheme began
with the 1989/90 marketing year, during which 250
hectares have been taken out of production.

In this connection, the Commission would refer the
Honourable Member to the report on the first year of
application of the scheme ( [2] ).

As far as the direct income support scheme is concerned,
this has not yet been applied in Spain, Portugal and
Greece. The Greek authorities have indicated, however,
that they are planning to notify the Commission shortly
of an income aid programme.

(') OJ No LI 10, 29. 4. 1988, p. 1.
O COM(89) 353 final.

WRITTEN QUESTION No 1705/90

by Mr Hugh McMahon (S)

to the Commission of the European Communities

_(5_ _July 1990)_

(91/C 164/12)

_Subject:_ Implementation of the budget and Lingua
projects

Can the Commission inform the House what progress has
been made in the five action areas of the Lingua
programme?

By 31 May 1990, how many Member States were involved
and how many participants come from each? Also, can the
Commission inform Parliament how much of budget line
637 was disbursed by 31 May 1990 ?

Answer by Mrs Papandreou
on behalf of the Commission

_(6 September 1990)_

1990 is a preparatory year for the Lingua programme. Its
budget is limited, and only in action II (support for the
initial training of foreign language teachers and for
students of foreign languages in higher education) has
any substantial activity been supported.

By 31 May, 11 Member States had designated the national
structures necessary for the decentralized operation of
action I and IV of the programme, and the first meeting of
these national structures had been held. The 'Guide for

applicants' which explains what the programme will
support, and how to apply, will go to press in mid-July.
The Commission has appreciated the valuable
cooperation of the Lingua Committee and the designated
national structures in taking the programme forward.

No C 164/8 Official Journal of the European Communities 24. 6. 91

By 31 May 1990, ECU 926 663 had been committed; by
30 June, ECU 2 958 823 has been committed. Since the
bulk of this sum relates to activities in the academic year
1990/91, no individual participants had been involved by
those dates.

WRITTEN QUESTION No 1820/90

by Mr Klaus Hansen, Mr Rolf Linkohr, Mr Helwin Peter,
Mrs Christa Randzio-Plath, Mr Jannis Sakellariou, Mr
Detlev Samland, Mr Gerhard Schmid, Mrs Barbara
Schmidbauer, Mr Kurt Vittinghoff and Mr Gerd Walter

(S)
to the Commission of the European Communities

_(13 July_ _1990)_

(91/C 164/13)

_Subject:_ Revision of the Euratom Treaty

The need to provide protection from the cross-border
hazards and risks of the use of nuclear energy go beyond
the original objectives and terms of reference of the
Euratom Treaty of 1957. In particular, there is a need for
new regulations on plant safety, protection of health,
nuclear waste disposal, building and operating nuclear
installations in frontier areas and fissile material
safeguards.

In its resolutions of 8 April 1987 and 5 July 1988
Parliament was virtually unanimous in calling for
initiatives to revise the Euratom Treaty. In its resolution
of 22 October 1988 it again called on the Commission to
submit proposals to this effect.

1. What action has the Commission taken in response to
Parliament's demands?

2. In particular, is the Commission prepared to take steps
to revise the Euratom Treaty, a resolution to this
effect having been adopted by the German Bundesrat
on 30 June 1989?

Answer by Mr Cardoso e Cunha
on behalf of the Commission

_(15 November 1990)_

The Commission is of the opinion that the Euratom
Treaty does not contain the legal loopholes referred to by
the Honourable Members. The protection of health is
assured by the comprehensive provisions of Chapter III of
the Treaty. The risks of diversion of nuclear materials are
covered in a similar manner by Chapter VII.

Large-scale Community operations in the field of nuclear
waste may be undertaken on the basis of Chapters I, III
and V and the Council resolution of 18 February 1980. In
addition, the Commission has submitted to the Council a
proposal for a Directive specifically relating to the prior

authorization of shipment of radioactive waste based on
Article 31 of the Euratom Treaty (').

Member States cooperate in the field of nuclear safety
under the Council resolution of 22 July 1975.

The other aspects referred to by the Honourable
Members which are not covered by the abovementioned
provisions could be the subject of appropriate
Community measures pursuant to Article 203 if the
political will existed.

The Commission shares the views contained in the
Government of the Federal Republic of Germany's
response of 2 April 1990 to the Bundesrat's resolution of
30 June 1989.

The Commission is closely examining the possibility of
greater involvement of the European Parliament in the
formulation of Council decisions under the Euratom
Treaty.

(') OJ No C 210, 23. 8. 1990.

WRITTEN QUESTION No 1854/90

by Mr Niels Kofoed (LDR)

to the Commission of the European Communities

_(20 July_ _1990)_

(91/C 164/14)

_Subject:_ STM licences

The Treaty concerning Spain's accession to the European
Economic Community stipulates that the trade in dairy
products from the EC-10 to Spain is subject to a
Supplementary Trade Mechanism (STM) for a transition
period of maximum 10 years. In the first five years the
flow of goods can be limited through fixed maximum
quantities. Subsequently, i.e. after 1 January 1990, the
trade can be limited by means of indicative ceilings.

It had been quite difficult for the Commission to
administer especially the latter, which at times has
resulted in a total collapse of the export of cheese from
the EC-10 to Spain.

In a situation where the market for milk and dairy
products is weak and where butter and skimmed-milk
powder are put into public stocks it appears to be quite
unfounded that an evident possibility for sale within the
borders of the European Community cannot be used due
to administrative rules that are no longer justified.

What action will the Commissioner for Agriculture take
in order to ensure that export of dairy products from
EC-10 to Spain can take place without unnecessary
obstacles and restrictions, so that the demand for cheese
in Spain can be met?

24. 6. 91 Official Journal of the European Communities No C 164/9

Answer by Mr Mac Sharry
on behalf of the Commission

_(1 October 1990)_

Since the implementation of the Supplementary Trade
Mechanism (STM) regime some related problems came to
light due to the fact that the rules contemplated by the Act
of Accession limit the quantities of milk products,
especially cheeses, which can be exported to Spain.

This has been particularly the case during the first period
of the application of the STM regime, from the beginning
of 1986 to the end of 1989, during which strict 'target
quantities' were established.

On 1 January 1990 some modifications of the system took
place. Target quantities have been replaced by indicative
ceilings. This system is more flexible and can operate if
the quantities applied for by each operator are limited to
that operator's true needs.

If each operator tries to secure for himself as many STM
export licenses as possible, the rules contemplated by the
Act force the Commission to take provisional measures
and, after informing the Management Committee,
definitive measures to prevent a large increase in
importations of dairy products into Spain.

The Commission would like to draw the Honourable

Member's attention to the fact that:

— the trade in several types of cheese has been liberated;

— the indicative celling is increased every year by 20 %;

— adhesion compensatory amounts are reduced every
year by 1 /7th.

A complete elimination of MCA's and quantitative
limitations would be against the rules laid down in the
Treaty of Accession.

WRITTEN QUESTION No 1887/90

by Mr Gerard Monnier-Besombes (V)

to the Commission of the European Communities

_(2_ _August 1990)_

(91/C 164/15)

_Subject:_ Community financial support for organic
farming

Are Community financial incentives provided to promote
organic methods of cultivation, thereby reducing the
impact of agriculture on the environment? How are these
funds allocated?

Answer by Mr Mac Sharry
on behalf of the Commission

_(20 September 1990)_

The Community scheme to promote the extensification of
agricultural production pursuant to Council Regulation
(EEC) No 797/85 O and Commission Regulation (EEC)
No 4115/88 ( [2] ) provides for an aid scheme for farmers
who reduce their output of a surplus product by 20 % for a
period of five years without increasing their production
capacity for other, similar products. This policy is based
on two methods: a 'quantitative' method, whereby the
annual output of at farm level is measured, and a
'production methods' method, whereby the Member
States demonstrate beforehand that the adoption of
certain production methods will lead to the required
reduction in output. Organic farming methods may be
suitable for this purpose provided the requirements in the
Regulations are met.

The other Community measure to encourage farming
practices which will reduce the impact of agriculture on
the environment is the aid scheme in areas sensitive as

regards protection of the environment (Title V of Council
Regulation (EEC) No 797/85 as amended by Regulation
(EEC) No 1760/87) ( [J] ). In principle, this aid scheme,
aimed at protection of the environment and natural
resources or the preservation of the landscape and the
countryside, is applicable to organic farming as well as to
conventional cropping and stockf arming methods.
However, its application on holdings practising organic
farming is narrowly circumscribed:

— there must be a specific programme for this optional
measure, approved by a Commission decision;

the scheme is restricted to sensitive areas explicitly
designated by the Member States;

the majority of programmes concern permanent
grassland and pasture, often situated in areas where
the landscape is to be maintained and protected.
Organic farming often concerns arable and
horticultural land.

This aid scheme was designed not to promote organic
farming in particular but to protect the environment and
preserve the countryside.

The Commission recently presented to the Council a
proposal for a Regulation on the introduction and
maintenance of agricultural production methods
compatible with the requirements of the protection of the
environment and the maintenance of the countryside ( [4] ).
This proposal will offer better opportunities for assisting

No C 164/10 Official Journal of the European Communities 24. 6. 91

organic farming, through a measure which would be
compulsory for the Member States and not restricted to
sensitive areas.

In addition, organic farming and other ways of reducing
the environmental impact of current farming practices will
be the subject of scientific study under the following

programmes:

— the programme of research and technological
development on competitiveness of agriculture and
management of agricultural resources
(1989—1993) O, which covers (sector 1) the
development of alternative farming practices,
particularly organic farming;

— the programme of research and technological
development on agriculture and agro-industry
(1990—1994), proposed by the Commission to the
Council on 28 May 1990 ( [6] ). Research under topic 1
(primary production) arid topic 2 (inputs for
agriculture, forestry, aquaculture and fishing) will be
of particular importance for the development of
production systems more compatible with the
environment.

(') OJNoL93,30.3. 1985, p. 1.
O OJNoL361,29. 12. 1988, p. 13.
O OJNoL 167,26.6. 1987, p. 1.
O COM(90)366.
O OJ No L 58, 7. 3. 1990, p. 9.
(') COM(90) 161 final.

WRITTEN QUESTION No 1892/90

by Mrs Mechtild Rothe (S)

to the Commission of the European Communities

_(2_ _August 1990)_

(91/C 164/16)

_Subject:_ Trapping of birds in Belgium

The trapping of songbirds in Belgium is still taking place.
Despite Community legislation and court judgments,
thousands of birds are still being trapped, sometimes by
brutal methods.

What measures is the Commission taking to put an end to
these practices?

To what extent has the Commission taken measures to

meet the demands contained in the European
Parliament's resolution on the implementation of the
directive on the conservation of wild birds in the

European Community (Doc. A 2-181/88) (') which
include the following:

1. the allocation of more staff for the implementation of
the directive on the conservation of wild birds and

nature conservation in general;

2. the establishment of stricter and more extensive

controls in which the NGOs are involved, including a
network of field inspectors;

3. the setting up of a Community environment
inspectorate which, as regards the Community
directive on the conservation of wild birds, will
support national monitoring services, coordinate
research into international illegal activities and
bottlenecks and take responsibility for the exchange
of information?

(') OJNoC290, 14. 11. 1988, p. 137.

Answer by Mr Ripa di Meana
on behalf of the Commission

_(14 September 1990)_

The Commission would draw the attention of the

Honourable Member to Article 130r of the EEC Treaty
which provides that Member States shall ensure the
implementation of Community measures in favour of the
environment. As regards the implementation of Directive
79/409/EEC ( [l] ) in Belgium, the European Court already
stated on 8 July 1987 that Belgium had not respected
Community law. The Commission has started a new
procedure because Belgium has not taken the necessary
steps to comply with this Court decision. Furthermore,
other procedures against Belgium are being undertaken
by the Commission.

The Commission does not consider it appropriate to set
up a network of private controllers at local or regional
level.

The Commission agrees that more staff is needed in order
to fulfil all the various tasks in the environmental sector.

However, the Commission has many important tasks to
fulfil, and it is first of all the task of the budget authorities
to provide the necessary means to enable the Commission

to act.

Finally, as far as stricter control in Belgium over the
implementation of Directive 79/409/EEC is concerned, it
has to be pointed out that it falls within the competence of
the Belgian administration to appoint extra staff to deal
with this matter. The NGOs decide whether they wish to
assist and, as far as the Commission knows, NGOs are
active in this field in Belgium.

(') OJ No L 103, 25. 4.1979, p. 1.

WRITTEN QUESTION No 2083/90

by Mr Herman (PPE)

to the Commission of the European Communities

_(17 September 1990)_

(91/C 164/17)

_Subject:_ Application of the sixth VAT Directive in the
United Kingdom

In the United Kingdom, the Crown, local authorities and
similar bodies can obtain VAT refunds on supplies of

24. 6. 91 Official Journal of the European Communities No C 164/11

goods and services which they purchase, as well as the
VAT paid on imported goods, provided these supplies or
imports are not intended for activities which are subject to
VAT (non-business purposes) or are partially exempt
from VAT.

This procedure, known as the 'refund scheme' is applied
irrespective of whether or not the bodies concerned are
liable to the tax. Does this procedure comply with the
sixth VAT Directive?

Answer by Mrs Scrivener
on behalf of the Commission

_(13 March 1991)_

Under Article 17 (2) of the sixth VAT Directive of 17 May
1977, VAT is deductible only in respect of goods and
services used for the purposes of a taxable person's
transactions.

The Commission will look into the scheme referred to by
the Honourable Member and will take all the necessary
steps if it transpires that the scheme does not comply with
Community law.

WRITTEN QUESTION No 2391/90

by Mr Mihail Papayannakis (GUE)

to the Commission of the European Communities

_(25 October 1990)_

(91/C 164/18)

_Subject:_ Infringement of Directives 79/409/EEC and
85/337/EEC

This question once more refers to the infringement of
Directives 79/409/EEC (') and 85/337/EEC ( [2] ) affecting
the chain of islands between Tsoukalio Lagoon and
Amvrakikos Bay.

The answer given by Mr Ripa di Meana on behalf of the
Commission ( [5] ) (15 January 1990) to the previous
question states that the Commission does not at this stage
have an assessment of the overall results of the

Community project on the environment and that it will
approach the Greek Government to obtain a guarantee
that Greece is abandoning any measure which is
incompatibile with the protection of the habitat in
question and the species to be found there.

Eight months have since elapsed. Has the Community
project on the environment concerning Amvrakikos Bay
been completed and is the Commission able to give us an

assessment of its overall results? What was the response of
the Greek authorities to the Community's request for
appropriate guarantees?

(') OJNoLl03,25.4. 1979,p. 1.
O OJ No L 175, 5. 7. 1985, p. 40.
O Written Question No 604/89, OJ No C 93, 11.4. 1990, p. 23.

Answer by Mr Ripa di Meana
on behalf of the Commission

_(8_ _April 1991)_

1. Since the Community project on the environment in
Amvrakikos Bay is not yet finished, the Commission is at
this stage unable to provide an assessment of its overall
results.

2. According to the information received by the
Commission, the Greek authorities have now defined the
measures which should guarantee the protection of
Amvrakikos Bay. The Commission will keep a close eye
on their implementation.

WRITTEN QUESTION No 2432/90

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(7 November 1990)_

(91/C 164/19)

_Subject:_ Medical training and torture

Research by the torture victims' rehabilitation centre in
Copenhagen shows that an increasing number of doctors
are taking part in torture sessions.

It is because of doctors' involvement that these practices
are able to spread throughout the world at their present
level of efficiency. The director of the torture
rehabilitation centre, Mrs Inge Genefke, thinks that the
Madrid declaration is of fundamental importance in
combating this scourge. The declaration, which was
adopted by the Twelve a year ago, recommends that the
Member States teach trainee doctors how to resist

pressure to act in a manner contrary to medical ethics.

Will the Commission answer the following questions:

Which Member States have already complied with the
declaration;

What measures have already been taken to speed up the
introduction of this training;

Is there inter-university cooperation between the Twelve
to harmonize this training?

No C 164/12 Official Journal of the European Communities 24. 6. 91

Answer by Mr Bangemann
on behalf of the Commission

_(21 March 1991)_

The Madrid Declaration on doctors, ethics and torture
was adopted in November 1989 by the plenary meeting of
the Standing Committee of Doctors of the European
Communities.

This Committee is an international organization bringing
together the national medical associations of the 12
Member States. The Commission does not have the

information requested by the Honourable Member
concerning the implementation of the Madrid
Declaration by the Member States.

The Commission agrees with the spirit behind the
Standing Committee's declaration upon the ethical
constraints imposed upon doctors in the matter of torture.

Medical training in the European Community is subject to
the provisions of Directives 75/362/EEC and
75/363/EEC. The provisions impose minimum
requirements upon Member States as regards the medical
training they provide. These requirements are set,
however, in fairly general terms. They do not impose
specific requirements as to the teaching of individual
subjects such as ethics. The detail of the training is the
responsibility of the Member States themselves.

By way of additional information, it should be noted that
the remarkable work of the torture victims' rehabilitation

centre (RTC) in Copenhagen has been supported since
1987 by grants made under Item 3030 of the general
budget of the Communities (ECU 150 000 in 1989).

WRITTEN QUESTION No 2529/90

byMrNeilBlaney(ARC)

to the Commission of the European Communities

_(16 November 1990)_

(91/C 164/20)

_Subject:_ Renewable energy sources

Will the Commission reveal on what it bases its statement,
in answer to my Written Question No 1395/90 (')> that

'Ireland will not be making major investments in the
generation of electricity from photovoltaic, wind or
seapower sources between now and 2010'? Which are the
other governments to which this also applies? In view of
growing concern about the ecological impact of fossil
fuels, and the current rise in oil prices, will the
Commission undertake to examine with the governments
concerned the possibility of treating the development of
photovoltaic, wind and seapower sources with a greater
sense of urgency?

(•) OJ No C 28,4.2.1991, p. 20.

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

_(17 January 1991)_

The following table draws upon data published in the
study 'Energy for a New Century — the European
Perspective (see tables 5.2.6 — 5.2.7 — 5.2.8 — 5.2.9 on
pages 197 to 200), appearing in the form of a 'Special
issue' within the series 'Energy in Europe' in July 1990 a
copy of which the Commission will be sending direct to
the Honourable Member and to the Secretariat of the

Parliament.

As shown in that table Ireland, plus Spain, Luxembourg,
Portugal and the United Kingdom will not possess any
significant electricity production capacity using renewable
energy sources other than hydroelectricity by 2010.

The Commission is aware that the restricted availability
of reliable means of assessment causes the part played by
renewable energy sources in meeting total long-term
energy demand to be underestimated. A detailed study of
economic development and the technological advances
made by renewable energy sources up to the year 2010 will
therefore be carried out during 1991:

The Commission feels that the contribution made by
renewable energy sources in replacing traditional fuels is,
in general terms, inadequate in all of the Member States
of the Community. The action which the Commission
could take in future in order to further the development
of alternative energy sources will be addressed to all of the
Member State Governments.

24. 6. 91 Official Journal of the European Communities No C 164/13

Electricity generation capacity using renewable energy sources in 2010
(apart from hydroelectricity)

_(GW)_

Scenario 2

0,43

0,64

1,55

0,52

  

1,03

—

1,27

  

0,94

—

—

6,4

620,7

Scenario 3

0,43

0,64

1,55

0,47

  

1,03

—

1,27

  

0,94

—

—

6,3

535,6

Scenario 4

0,43

0,64

1,55

0,31

—

1,03

—

1,27

  

0,94

—

—

6,2

461,4

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Portugal

United Kingdom

Community

Total capacity

Scenario 1

0,43

0,64

1,55

0,31

  

1,03

—

1,27

—

0,94

—

—

6,2

574,6

_Source:_ 'Energy for a New Century — The European Perspective'.

WRITTEN QUESTION No 2583/90

by Mr Franco Iacono (S)

to the Commission of the European Communities

_(20 November 1990)_

(91/C 164/21)

WRITTEN QUESTION No 2885/90

by Mr Franco Iacono (S)

to the Commission of the European Communities

_(3 January 1991)_

(91/C164/22)

_Subject:_ Projected high-speed intercity service between
Rome and Naples

On 12 February 1990 a private project for introducing a
high-speed train service between Liguria and Padania was
discussed with the ministers concerned (Carlo Bernini,
Minister of Transport and Giovanni Prandini, Minister of
Public Works) in Genoa.

Community funds have been earmarked for this project.

On the other hand, there is no intercity service on the line
between Rome and Naples, where only slow progress is
being made in introducing high-speed trains, which
means that the service provided is uneconomical and
inconvenient for its eight million users.

What measures does the Commission intend to take to

promote a project similar to the Milan-Genoa project in
order to provide better and more efficient transport
services between these two major areas, given the need to
improve communications between southern Italy and the
rest of Europe?

_Subject:_ Lack of transport facilities in the south of Italy

Full European integration depends on restoring the
balance between North and South. As far as Italy is
concerned, this is rendered difficult by the poor transport
facilities in the Mezzogiorno. There is no inter-city rail
link between Naples and Rome; Naples and the
Mezzogiorno are excluded from all strategies conceived
at Mediterranean or European level; Naples as yet has
neither an international airport or an interport.
Investments, even those from the Community, either are
insufficient or take a long time to show any results. This
prevents basic resources such as the sea, tourism and
important cultural sites from being used to further
employment and development, thus blatantly going
against the policy of the Italian Government and the
Community of devoting fresh attention to the
Mezzogiorno.

In view of the above, can the Commissioner with
responsibility for transport in the European Community
say what initiatives the Commission has taken to relieve
an untenable situation and create the major infrastructure
so badly needed in the Italian Mezzogiorno, what

No C 164/14 Official Journal of the European Communities 24. 6. 91

resources have been earmarked for this purpose and what
time-scale is involved?

How do investments planned for the North and for the
South compare ?

Joint answer to Written Questions
Nos 2583/90 and 2885/90

given by Mr Van Miert
on behalf of the Commission

_(14 February 1991)_

On 12 February last year the Commission took part in a
metting in Genoa concerning plans for a high-speed rail
link between Liguria and Padania. It made no
commitment to provide financial backing for this project.

Following the Council resolution of 4 and 5 December
1989, the Commission instructed a high-level working
party to draft a master plan for a European high-speed
rail network, including the designation of priority lines.
The working party delivered its report, which was
adopted by the Commission on 5 December last year. The
resulting proposals will be transmitted to the Council and
Parliament.

The master plan will cover the main European links,
particularly those between Italy and other European

centres.

In the Community support framework for the Italian
regions of Objective 1, approved on 31 October 1989, the
Commission expressed the hope that certain
infrastructures of Community interest would be
constructed in the Mezzogiorno, inter alia the
Rome-Naples-Battipaglia high-speed rail link. The
Community support framework does not at present
envisage use of the structural Funds for the construction
of this infrastructure, taking the view that loans (EIB,
ECSC) should play a major part in its financing.

WRITTEN QUESTION No 2605/90

by Mrs Viviane Reding

to the Commission of the European Communities

_(20 November 1990)_

(91/C 164/23)

_Subject:_ VAT refunds

When goods are purchased in an EC Member State, and
then exported to the buyer's country of residence, the
buyer is entitled to claim back VAT on the goods
concerned in the country where they were purchased.
Does the vendor have the right to withhold part of this
refund to cover his administrative costs?

I have been informed that this is indeed current practice in
France, where certain businesses claim up to 6% of the
VAT to cover their 'administrative costs'.

Is this compatible with EC regulations? If not, what can
the purchaser do to recover the full amount of VAT due?

Answer by Mrs Scrivener
on behalf of the Commission

_(14 January 1991)_

The Commission has made initial enquiries concerning
the practice referred to by the Honourable Member,
whereby certain businesses in France withhold a
percentage of the VAT refund due to non-resident buyers
in order to cover their administrative costs. First

indications are that this indeed happens although the
practice is not widespread.

Community rules relating to exemption from turnover tax
and excise duty on imports in international travel
(Council Directive 69/169/EEC of 28 May 1969 ( [1] )) do
not provide for such a practice.

The conduct in question has no basis in French
legislation.

If the Commission is to comment on this matter, more
particulars of a specific case are needed so that it can
examine how the practice actually works. The practice
must be considered both in terms of the relationship
between the business and the foreign buyer and in terms
of the relationship between the business and the tax
authorities.

The Commission will ask the French authorities to

investigate this practice.

O OJ No LI 33,4.6.1969.

WRITTEN QUESTION No 2643/90

by Mr Mihail Papayannakis (GUE)

to the Commission of the European Communities

_(23 November 1990)_

(91/C 164/24)

_Subject:_ Protection of the Kalamas river and sewerage
from Ioannina

With reference to Written Question No 2206/90 (') on
the Kalamas river in the prefecture of Thesprotia

24. 6. 91 Official Journal of the European Communities N o C 164/15

a number of new and major developments have
occurred.

Firstly, tenders have been submitted by five companies to
find a solution which does not involve the Kalamas river

and, secondly, on 11 September 1989 the Greek
Government, having received the Commission's letter of
notification, informed the Commission that no sewerage
would be discharged into this river, which is situated in
the prefecture of Thesprotia, that a study would be
carried out into the treatment of the sewerage and that a
biological purification plant had been officially opened in
the City of Ioannina. However it is obvious from the
layout of the mains and the position of the plant that the
sewerage will, in fact, be discharged into the Kalamas
river.

Does the Commission know whether the biological
purification plant will function as planned? If so, what
steps will it take to oblige the Greek Government to
respect the promise it made in its letter of 11 September
1989, in which it clearly stated that no sewerage would be
discharged into the Kalamas river?

(')OJ NoC 141,30.5. 1991,p. 4.

Answer by Mr Ripa di Meana
on behalf of the Commission

_(8_ _April 1991)_

Community law does not at present cover municipal waste
water, which is why the Commission has sent the Council
a proposal on that matter. The proposal has not yet been
adopted.

The Kalamas river is not included in any protected
area under Community law. However, its natural
value is well-known, especially its estuary and the
Kalamas Gorge, which is home to many species of
birds.

The letter from the Greek Government to which the

Honourable Member refers concerns the application of
Directives 75/440/EEC (') and 79/869/EEC (surface
water) ( [2] ). It is a communication in connection with a
complaint and does not mention the problem of treating
waste water from Ioannina.

(') OJ No L 194, 25. 7. 1979.
( [2] ) OJNoL27, 29. 10. 1979.

WRITTEN QUESTION No 2685/90

by Mrs Ursula Schleicher (PPE)

to the Commission of the European Communities

_(4 December 1990)_

(91/C 164/25)

_Subject:_ Travel opportunities within the European
Community for non-EC nationals holding a visa
valid for one Member State

A 71-year-old Haitian woman who was spending three
months in Germany at the time of her son's wedding to a
German woman, and who held a valid visa, was refused
entry by the French authorities when she wished to make
a two-to-three day tour of France. Without giving any
reasons, the French Embassy in Haiti rejected her
subsequent application for a visa for France.

1. Does the Commission know of similar cases ?

2. What procedure will be used in the future internal
market without frontiers to give effect to mutual
recognition of the visas issued to nationals of third
countries?

3. Does the Commission believe that to deny
Community nationals the opportunity of travelling
together with their non-European relations
constitutes discrimination against the inhabitants of a
Member State

Answer by Mr Bangemahn
on behalf of the Commission

_(26 February 1991)_

1 and 3. Entitlement to freedom of movement extends

to the members of the family of a Community national
who is so entitled, irrespective of their nationality. As
Community law stands, however, Member States may
require a visa in the case of relatives who are not nationals
of a Member State, although the visa must be issued free
of charge and the persons concerned afforded every
facility for obtaining it (Articles 3 (2) and 9 (2) of
Directive 68/360/EEC ('), and Articles 3 (2) and 7 (2) of
Directive 73/148/EEC) ( [2] ).

This visa requirement has been the subject of many
complaints and petitions addressed to the Commission
and Parliament respectively. In response, the Commission
has taken action against several Member States to ensure
that they comply with the relevant Community provisions.

2. In the run-up to completion of the internal market,
the _ad hoc_ Working Party on Immigration is examining
the mutual recognition of national visas and the
introduction of a common visa, but a final decision has
yet to be taken.

(') OJNoL257,19. 10.1968.
O OJNoLl72,28.6.1973.

No C 164/16 Official Journal of the European Communities 24. 6. 91

WRITTEN QUESTION No 2704/90

by Mr Alexandres Alavanos (CG)

to the Commission of the European Communities

_(4 December 1990)_

(91/C 164/26)

_Subject:_ Transportation of toxic waste to Eastern Europe

According to a report by the environmental organization
Greenpeace, a chronic problem has been created in
Eastern European countries, as a result of their systematic
use as sites for storing toxic waste from Western Europe.
Typically, Poland is known to have 64 commercial
contracts with 13 countries, involving 22 million tonnes of
waste. Last year 46 000 tonnes of toxic waste was shipped
to Poland from West Germany, Austria, Sweden and
other West European countries.

Owing to the Eastern European countries' disastrous
economic situation and their need for hard currency, their
governments are generally favourable to this kind of
agreement. Consequently there is a need for specific and
stringent measures to ban exports from the Western
European countries, many of which are members of the
Community.

What measures and initiatives will the Commission take

to ban exports of toxic waste to the Eastern European
countries, so they do not become the chemical graveyard
of Europe?

Answer by Mr Ripa di Meana
on behalf of the Commission

_(5_ _April 1991)_

The Greenpeace report on toxic waste was forwarded to
the Commission's departments, which have made an
initial study of it. While it has not been possible to verify
the facts and figures in detail, it appears from the report
that, while commercial projects in respect of 22 million
tonnes of waste were drawn up with Polish firms, only
46 000 tonnes were actually imported into Poland, of
which over 95 % went for recycling. The Polish authorities
also seem to have played an effective role in monitoring
these waste shipments.

As regards practical measures taken by the Commission, a
UN Convention on the Control of Transboundary
Movements of Hazardous Wastes and their Disposal,
known as the Basle Convention, was adopted in March
1989. To date, the Convention has been signed by 53
countries. The Commission has also signed it on behalf of
the European Community. The aim of the Convention is
to lay down rules to curtail and impose strict controls on
transfrontier shipments of hazardous waste.

In July 1990 the Commission came up with a proposal for
a Council Decision on the conclusion of the Convention

on behalf of the Community, which proposed that the
Community and the Member States should accede to or
ratify the Convention simultaneously and as soon as
possible.

In parallel with this, the Commission is taking part in
negotiations within the OECD with a view to the
adoption of a decision/recommendation on the reduction
of transfrontier shipments of waste.

The Commission also presented a proposal for a
Regulation in October 1990 with the aim of transposing
the Basle Convention into Community law.

Under the terms of this proposal, all exports of waste are
to be prohibited to a State which prohibits the import of
such wastes or has not given its written consent to the
specific import operation. Furthermore, exports are to be
prohibited if the competent authorities in the State of
dispatch have reason to believe that the waste will not be
managed by the State of destination in accordance with
ecologically sound methods. The competent authorities in
the State of dispatch may not authorize the export unless
the State of destination has declared that the waste in

question is needed as a raw material for its recycling or
recovery industries.

These strict rules, which cover waste for recycling and
disposal, are in line with the Community strategy for
waste management, which gives first priority to the
prevention of waste and favours further use as a second
option, in a bid to keep disposal in landfill sites to a
minimum. The strategy includes checks to ensure that the
recycling or recovery of waste is carried out in an
ecologically sound manner.

The Commission is currently engaged in implementing
this strategy at Community level by means of a series of
legislative proposals whose main aim is to reduce the
production of waste, and thus also transfrontier
shipments of waste, to a minimum. Achieving Community
self-sufficiency in waste disposal is one of the objectives
of the amendments currently being made to the
framework directive on waste.

WRITTEN QUESTION No 2739/90

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(10 December 1990)_

(91/C 164/27)

_Subject:_ European safety standards for gas canisters

On 6 November someone was killed in Brussels when a

van exploded owing to a defect in a gas canister it was
transporting. The canister was part of a plumber's
equipment. In view of the total liberalization of provision

24. 6. 91 Official Journal of the European Communities No C 164/17

of services, are there Community standards, particularly
safety standards, for gas canisters used occupationally?
What standards apply to other canisters that will be
circulating in the large market as products?

Answer by Mr Bangemann
on behalf of the Commission

_(31 January 1991)_

The Commission greatly regrets the serious accident,
resulting from the explosion of a gas cylinder, which
occurred on 6 November 1990. However, it must be
pointed out that the causes of the accident have not yet
been determined.

Gas cylinders for professional or other use are covered, at
Community level, by three 'optional' Directives ('). In
addition, aerosol dispensers intended for use by the
general public are regulated by Directive 75/324/EEC ( [2] ),
which is also optional.

These Directives lay down provisions relating to safety
and ensure the free movement of the cylinders concerned,
provided they comply with the Directives. However, since
they are optional, the Member States may allow cylinders
which do not comply with the Community provisions to
be placed on the market in addition to those which do!

In preparation for the Single Market, the Commission is
currently drafting a proposal for a Directive on all
pressure equipment, including gas cylinders and aerosol
dispensers. The proposal is being drafted in accordance
with the principles established in the resolution of 7 May
1985 on the new approach to technical harmonization and
standardization ( [3] ) and will also ensure, in accordance
with Article 100A ( [}] ), a high level of safety.

Furthermore, as regards 'services', the Commission has
just adopted a proposal for a Directive on the liability of
suppliers for services. This reverses the burden of proof
and should, to some extent, make it easier for victims to

make claims.

However, at present no provision of substantive law
relating to the intrinsic safety of services exists at
Community level. Whether or not such measures will be
envisaged will depend on the development of Community
consumer safety policy.

O Directives 84/525/EEC, 84/526/EEC, 84/527/EEC; OJ No

L 300, 19. 11.1984.
O OJNoL147,9.6. 1975.
( [3] ) OJNoC 136,4.6. 1985.

WRITTEN QUESTION No 2754/90

by Mr Carlos Robles Riquer (PPE)

to the Commission of the European Communities

_(10 December 1990)_

(91/C 164/28)

_Subject:_ Community participation in the HispanoGerman energy programme 'Asterix'

The launching of the Hispano-German programme
'Asterix' at the solar power station of Tabernas in
Almeria, Spain, the aim of which is to use solar energy to
produce hydrogen and synthetic gas with a high energy
content, represents a significant step forward in the use of
solar energy to obtain a versatile fuel which can be stored.

In view of the potentially significant results of this
programme, various sectors of the energy industry in a
number of Member States have shown interest in its

development.

Since these results may have repercussions on a number of
aspects of energy in Europe, can the Commission indicate
how it is participating — or how it would be prepared to
participate — in the development of the programme and
the industrial expansion of which is at present simply
pre-competitive research?

Answer by Mr Pandolfi
on behalf of the Commission

_(31 January 1991)_

Under the 1979—1981 R&D programme in the field of
non-nuclear energies ('), the Commission participated in
the Eurelios project, which is based on a solar technology
similar to the one used in Almeria (tower and mirrors).
On the basis of the results of this project, and activities
carried out in various other countries (France, United
States, Japan, etc.) the Commission decided that this solar
energy conversion technology would only be of limited
use in Europe for electricity production. The Commission
then followed with interest the reconversion work done at

the Almeria power station for the production of fuels and
other chemical products. Since 1989, the Almeria solar
aF-ray is temporarily one of the large-scale scientific
installations included in the Community R&D
programme concerning access to large-scale scientific and
technical facilities and installations ( [2] ), ( [3] ). Under this
programme, the Commission is helping European
scientists and researchers gain access to this installation by
providing financial support.

With regard to future R&D activities, the Commission
has proposed, within the framework of a new specific
non-nuclear energy programme (1990—1994) ( [4] ), several
activities in the field of high-temperature solar
technologies. Once the proposal has been approved by
Parliament and the Council, the Commission will be, in

No C 164/18 Official Journal of the European Communities 24. 6. 91

principle, in a position to support activities similar to
those being carried out in Almeria, within the limit of the
funds available.

Under the Thermie programme (1990—1994) (*), the
Commission will be developing a number of activities
focusing on analysis of the technical and commercial
viability of high-temperature solar power stations. These
analyses may show whether or not these technologies are
ready for the market. If the result is positive, further
activities may then be carried out under the same

programme.

(') OJNoL231, 13.9. 1979.
( [2] ) OJNoL98, 11.4. 1989.
(') OJ No S 206, 26. 10. 1989 (first list of installations included).
( [4] ) COM(90) 164.
O OJNoC 101,22.4.1989.

WRITTEN QUESTION No 2755/90

by Mr Carlos Robles Piquer (PPE)

to the Commission of the European Communities

_(10 December 1990)_

(91/C 164/29)

_Subject:_ Current stage reached in the harmonization of
indirect taxation

It is always invaluable to know the stage reached in the
harmonization of direct taxes levied in each of the

Member States, given their particular significance with
regard to the Community's aims as manifested by the
Single Market.

In view of the above, can the Commission indicate what
stage the harmonization of direct taxes has reached and
what prospects there are for achieving this harmonization
within the appropriate time limits for the fulfilment of the
aims of economic and monetary union?

Answer by Mrs Scrivener
on behalf of the Commission

_(5 March 1991)_

The Commission has been greatly encouraged by the
recent progress made on the approximation of indirect
taxation, after the long and difficult period of negotiation
since it presented its original package of internal market
proposals to the Council in 1987 (').

The progress of the VAT dossier has been considerably
assisted by the speed with which the Parliament has
reacted in giving its support to the Commission's
proposals for a transitional VAT regime and for

administrative cooperation and mutual assistance in the
field of indirect taxation ( [2] ).

The Council has also recently made significant progress
on the fiscal dossier, notably at the 'ECOFIN' Council
meetings of November and December 1990. The Dublin
European Council of June 1990 called for the adoption of
the post-1992 VAT and excise arrangements before the
end of the year. Building on this principle the
considerable effort made by the Italian presidency of the
Council in the last six months allowed the Member States

to come to a unanimous political agreement, both on the
main principles of the VAT system that will apply for the
transitional period from 1 January 1993 and on the means
by which the system will be controlled. The essential
features of the agreement are that it provides for a system
which sweeps away customs based formalities within the
Community and provides a real reduction in the existing
administrative burdens on business.

In addition the 'ECOFIN' Council, meeting at the end of
1989, undertook to reach a decision on the difficult
question of VAT rate approximation by the end of 1991.

In parallel with this progress on the VAT dossier the
meetings of the 'ECOFIN' Council during December
1990 were marked by the emergence of a unanimous
political agreement on the main principles of the system
which will apply to the circulation within the Community
of goods liable to excise duties after 1992. Here again, as
in the case of VAT, the conclusions of the Council
pVovide for a system which does away with frontier
formalities in keeping with the objectives of the Internal
Market. In taking the next important steps in
transforming its proposals in this area into legislative
reality the Commission will be looking to the Parliament
for its support in achieving the common goals set out in
the Single European Act.

Despite the encouraging progress recently made it must
be underlined that there remain a large number of issues
to be dealt with in a relatively short period of time.
Important outstanding issues include the approximation
of VAT and excise duty rates, the harmonization of excise
duty structures and the ending of the restrictions imposed
on individuals through the use of traveller's allowances.

The Commission considers it essential that all the

necessary fiscal proposals should be adopted, at the latest
by the end of 1991, if the practical implementing
arrangements are to be put in place by the end of 1992.
This will, however, require a substantial and sustained
effort by the Council, the Parliament and the
Commission. Nevertheless the Commission considers

that the respect of the deadlines set out in the Single
European Act is not in question.

(') COM(87) 320-326 - OJ No C 251, 19. 9. 1987, OJ No C

252,22.9. 1987, OJ No C 262, 1.10. 1987.
( [2] ) COM(90) 182 - OJ No C 176, 17. 7. 1990, COM(90) 183 
OJNoC 187,27.7. 1990.

24. 6. 91 Official Journal of the European Communities No C 164/19

WRITTEN QUESTION No 2756/90

by Mr Carlos Robles Piquer (PPE)

to the Commission of the European Communities

_(10 December 1990)_

(91/C 164/30)

_Subject:_ Scientific use of nuclear energy

In Santiago, Chile last August, the chairmen of the
Chilean and Argentinian committees on nuclear energy,
Mr Sergio Lorenzini and Mr Manuel Mondino, signed an
agreement on the peaceful use of nuclear energy, which
represented a further development of the existing
agreement dating from 1976.

The agreement makes provision for mutual benefit
through the scientific application of nuclear energy,
which may be used, for instance, to control fruit flies by
sterilizing the males, or to detect foods contaminated by
radiation, which is harmful to health.

Can the Commission say whether an agreement of this
kind has a useful role to play in this and other aspects of
applied science, to improve the general living standard of
the public? If so, what encouragement and assistance can
the European Community provide?

Answer by Mr Pandolfi
on behalf of the Commission

_(3 April 1991)_

The Commission is not in a position to comment on
agreements between non-member countries such as those
to which the Honourable Member refers.

The Commission would remind the Honourable Member

of the Rome declaration on relations between the

Community and the Rio group, adopted in Rome on 20
December 1990 by representatives of the European
Community, of its Member States and of the members of
the Rio group. Paragraph 37 of this declaration states
_inter alia_ that: 'The parties agree on the importance of
promoting programmes of cooperation in science and
technology among the Rio group countries in which joint
efforts would be made in selected fields with the support
of the European Community and its Member States' and
paragraph 46 on cooperation projects states that 'Priority
will be given to the development of projects and joint
initiatives in areas such as _inter alia_ possibilities of access
of Latin American countries to certain Community
scientific and technological programmes in accordance
with Community internal procedures, and promotion and
support of joint projects among Latin American countries
in the field of science and technology'.

The Commission is currently considering the initiatives
which could be taken as a follow-up to the Rome
declaration and will duly inform Parliament of its
conclusions.

WRITTEN QUESTION No 2768/90

by Mrs Astrid Lulling (PPE)

to the Commission of the European Communities

_(13 December 1990)_

(91/C 164/31)

_Subject:_ German protectionist measures

A Luxembourgish firm which manufactures civilian
explosives, used for almost a century, in factories and
quarries, in Benelux territory, has requested approval of
these explosives on German territory. For over two years
now it has been faced with a series of barriers making this
approval difficult and extremely costly as the German
authorities (including the Federal Institute for Materials
Research and Testing) are demanding extremely
expensive tests (costing some DM 10 000 per product
tested) although the same products are marketed in other
Member States. These authorities have even gone as far as
to refuse to grant approval for explosives of a certain
make for delivery by a Luxembourgish firm despite the
fact that a German firm was allowed to market them in

Germany.

Does the Commission consider these practices to be
compatible with current legislation on the free movement
of goods?

What measures does it advocate to put an end to this
absurd protectionism which is irreconcilable with its
efforts to create a large single market?

Answer by Mr Bangemann
on behalf of the Commission

_*(1 February 1991)_

The Commission is at present examining the need for
Community legislation regarding standards and testing
requirements for explosives for commercial use.

Pending the adoption of harmonized rules and testing
requirements the general principles on the free movement
of goods, and in particular Article 30 _et seq._ of the EEC
Treaty are applicable in this area. According to those
principles Member States may require a prior approval for
a product which has already been approved in another
Member State for reasons such as the protection of life
and health under the conditions laid down by the Court in
case 272/80, 'Biologische Produkten' (').

However, according to this jurisprudence a Member State
is not entitled to require tests or analyses if the same tests
or analyses have been carried out in another Member
State, and the results of these are available to the
authorities of the first Member State or may on request be
placed at its disposal.

According to the jurisprudence of the Court, as stated in
case 32/80, 'Kortmann' ( [2] ), the Member States are in

No C 164/20 Official Journal of the European Communities 24. 6. 91

principle entitled to charge fees for such approval
procedures. Such fees must however be in accordance
with the Community's fiscal law notably with Article 95 of
the Treaty under which Member States may not
discriminate against products from other Member States.

In the specific case raised by the Honourable Member the
company in question may want to supply to the
Commission the facts in question thereby enabling the
Commission to respond whether the criteria outlined
above are met by German authorities.

(') ECJ81,3277, 17. 12.1981.
O ECJ81, 251, 28. 1.1981.

WRITTEN QUESTION No 2808/90

by Mr Gerhard Schmid (S)

to the Commission of the European Communities

_(13 December 1990)_

(91/C 164/32)

_Subject:_ 'Surimi' — prawn-shaped protein paste coloured
with paprika

An increasing number of products with fanciful names
such as 'fish-crab-meat', 'Grdnland-Cocktail', 'Royal
Alaska Cocktail', 'Ocean-Stix', and 'See-Salat' are
appearing on the market. Most of these products are
made from 'surimi', a paste containing shaped washed
and centrifuged fish as well as other ingredients. Its
outward appearance is such that consumers have no way
of distinguishing it from the genuine article.

1. Is the Commission aware of this st^te of affairs ?

2. What does the Commission think of the types of
descriptions being used for these food products and
the fact that they are extremely misleading for
consumers?

3. What will the Commission do in order to protect the
interests of European consumers and ensure that the
processing method and additives used, as well as the
nature of the products, are specified on the label?

4. What steps might the Commission be able to take in
order to help consumers make sense of the whole area
of ready meals?

Answer given by Mr Bangemann
on behalf of the Commission

_(31_ _January 1991)_

1. Yes.

2, 3 and 4. The problems to which the Honourable
Member refers can be resolved by correct application of
Community legislation.

(a) The name under which a foodstuff is sold must be
chosen in accordance with Article 5 of the 'Labelling'
Directive ( [1] ). In the case in question, a description
should be given of the product concerned and, if
necessary, of its use, that is sufficiently precise to
inform the purchaser of its true nature and to enable
it to be distinguished from products with which it
could be confused. Names are authorized in so far as

they do not mislead the consumer, but they cannot
replace the obligatory name under which a foodstuff
is sold.

(b) The name under which a foodstuff is sold must
include or be accompanied by particulars as to the
specific treatment which it has undergone in cases
where omission of such information could create

confusion in the mind of the purchaser.

(c) The ingredients, including additives, must be listed in
accordance with Article 6 of the 'Labelling' Directive.

(d) These rules also apply to cooked dishes. However, it
should be pointed out that, where a 'Surimi' product
accounts for less than 25% of a cooked dish, the
exact composition of the product need not be
indicated, although the listing of additives remains
compulsory.

(e) Under the terms of Article 5 of the EEC Treaty, the
Member States are responsible for ensuring that the
various rules are observed.

The 'Official control' Directive (*) lays down the
procedures for fulfilling this obligation in the field of
foodstuffs.

As the Commission indicated in a recent
communication ( [3] ) to the Council and Parliament, it is
currently examining the possibility of setting up a
Community foodstuffs inspection service.

O Directive 79/112/EEC of 18 December 1978, OJ No L 33, 8.

2. 1979, last amended by Directive 89/395/EEC of 14 June

1989,OJNoL 186,30.6.1989.
O Directive 89/397/EEC of 14 June 1989, OJ No L 186, 30. 6.

1989.
O COM(90) 392 final.

WRITTEN QUESTION No 2818/90

by Mrs Cristiana Muscardini (NI)

to the Commission of the European Communities

_(17 December 1990)_

(91/C 164/33)

_Subject:_ Lead poisoning from hunting cartridges

Is the Commission aware that lead shot fired by hunters
— at least that which fortunately misses its target — is
often ingested by birds along with the small stones they
swallow to aid the breaking down of food in the stomach?

24. 6. 91 Official Journal of the European Communities No C 164/21

In contact with the gastric juices, the lead damages the
health of the animal and often leads to death. 16 million
kilograms of lead are dispersed in this way in a single
hunting season. In the USA this type of shot has been
banned for the last 15 years. Does the Commission not
consider it should do the same in the Community?

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

_(27_ _March 1991)_

The Commission is aware of the problems caused by lead
shot fired by hunters, but does not intend, for the time
being, to draft any proposals relating thereto. It is relying
on the Member States to take suitable measures at the
appropriate levels.

WRITTEN QUESTION No 2862/90

by Mr Jean-Pierre Raffarin (LDR)

to the Commission of the European Communities

_(17December 1990)_

(91/C 164/34)

_Subject:_ World trade in textiles for clothing

In the name of free competition, Europe is throwing
open its frontiers, is giving preferential treatment of
the least-developed countries and intends to apply
international trade rules strictly (GAIT).

People working in the clothing industry endorse this
policy but do not perceive that international trade is based
on reciprocity when they open their markets to third
countries.

Until conditions of reciprocity are respected, does the
Commission envisage the introduction of a specific
scheme to safeguard the position of such textiles in world
trade?

Answer given by Mr Andriessen
on behalf of the Commission

_(26 February 1991)_

One of the aims sought by the Community in the Uruguay
Round of trade negotiations has been, in accordance with
the Punta del Este declaration, the eventual integration of
textiles under the GAlT on the basis of strengthened
rules and disciplines.

The Community has fought throughout the negotiations
in the textiles group for these twin aspects to be pursued

in parallel, but unfortunately no agreement was reached
at the Brussels conference. The negotiations were due to
resume at the beginning of this year, on the basis of a
draft presented by the group's Chairman which the
Commission regards as a good starting point for bringing
the negotiations to a conclusion. This draft agreement
contains provisions on access to the markets of
non-Community countries and also provides for the
progressive integration of textiles over a sufficiently
lengthy time scale. There is provision for specific selective
safeguard measures during this transitional period to deal
with any outbreaks of market disturbance.

The satisfactory conclusion of the negotiations on textiles
will depend on whether the overall outcome of the
Uruguay Round is regarded as successful, notably where
access to the markets of non-Community countries is
concerned.

In the final phase of the negotiations the Community will
continue to make every effort to bring the Round to a
successful conclusion and pave the way for the smooth
development of world trade.

WRITTEN QUESTION No 2942/90

by Mr Mihail Papayannakis (GUE)

to the Commission of the European Communities

_(11 January 1991)_

(91/C 164/35)

_Subject:_ Preservation of the purebred spotted goat of
Antimilos — Capra Aegagrus Stictus

The purebred spotted goat of Antimilos (Capra Aegagrus
Stictus), a sub-species of wild goat found in Greece, is
unique in Europe. As it _is_ threatened with extinction as a
result of cross-breeding with domestic goats, steps must
be taken on the island of Antimilos to ensure its survival.
In view of the fact that Capra Aegagrus Stictus is covered
by the Commission proposal for a new Community
directive on the protection of natural and semi-natural
biotopes and wild fauna and flora; that under Article 12,
Member States are required to take all the necessary
measures to ensure the general protection of the fauna
referred to under Annex II, among which the
Commission has included Capra Aegagrus Stictus; and
that the Greek Forestry Commission, which is responsible
for the protection of this species, has not carried out the
infrastructure works as promised, will the Commission
say whether it intends to prove its concern with the
protection of this rare sub-species and bring pressure to
bear on the relevant services of the Ministry of
Agriculture and the Ministry of the Environment,

No C 164/22 Official Journal of the European Communities 24. 6. 91

Regional Planning and Public Works, with a view to
ensuring that the necessary infrastructure work is carried
out?

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

_(25 March 1991)_

According to the information received by the Commission
from the Greek authorities, infrastructure work was

carried out on the island of Antimilos in October 1990.

This work, carried out by the Ministry of Agriculture's
regional authorities under the orders of the prefect of the
region, concerns the cleaning of the basin of drinking
water for the purebred spotted goat.

The Ministry of Agriculture intends to continue the
infrastructure work on the island of Antimilos as soon as

weather conditions permit.

WRITTEN QUESTION No 2949/90

by Mr Giuseppe Mottola and Mr Gerardo Gaibisso (PPE)

to the Commission of the European Communities

_(11 January 1991)_

(91/C 164/36)

_Subject:_ Proposed amendment to the Directive on the
labelling of tobacco products — moist snuff
tobacco products for oral use — COM(90) 538

The proposal to prohibit the import and marketing of oral
moist snuff tobaccos throughout the Community appears
to be in direct conflict with current rules concerning
different types of tobacco, particularly since this is the
first time that such a measure has been proposed.

Luxury consumer goods are those selected by consumers
to satisfy a certain lifestyle and assert their individual
freedom, despite presumed risks to health.

Legislators have always distinguished between luxury
consumer goods and those which present a specific, clear
and incontrovertible risk to consumers. In this case

consumers are protected by a public health warning on the
packaging and directives concerning advertising.

A ban on oral moist snuff tobacco would also infringe the
principle of equal treatment of all tobacco products
embodied in current directives in this field.

This cannot be justified by health and other factors, since
it is arbitrary, discriminatory and out of all proportion to
the presumed health risks.

1. Will the Commission withdraw this proposal for a
directive?

2. If not, will it review the proposal in the light of
objective criteria and take Articles 130r and 130s as a
legal basis instead of Article 100A, which is concerned
with the approximation of provisions laid down by law
that have as their objective the establishment and
functioning of the internal market and not the
introduction of a discriminatory prohibition?

Answer given by Mrs Papandreou
on behalf of the Commission

_(20 February 1991)_

The health authorities of the Member States and the

relevant Commission departments have repeatedly been
warned by many bodies and scientists of international
repute about the dangers of moist snuff tobacco products
for oral use, a new type of smokeless tobacco.

This new product, which is beginning to become available
in some Member States, is marketed in such a way as to
appeal to young consumers.

In the light of existing scientific data, the Commission
was asked by the European Cancer Specialists Committee
to adopt preventive measures against these products.
After examining the problem, the Commission concluded
that the only effective thing to do was to ban the product
before it became too widespread throughout the
Community.

Statistics have shown that more stringent labelling (for
example, a warning particularly aimed at young people)
would not provide adequate protection for young people
against its appeal.

The Commission consequently endorsed the position
adopted by Ireland and the United Kingdom, which are
soon to be joined by Belgium, and proposed a ban on this
product on the Community market.

The ban imposed in the two Member States that have
already had to deal with the problem reinforced the
Commission's belief that it was necessary to harmonize
the national legislation applicable to this product, which is
an obvious danger to human health. Consequently, the
only appropriate legal basis is Article 100a of the Treaty,

24. 6. 91 Official Journal of the European Communities No C 164/23

paragraph 3 of which provides that 'the Commission, in
its proposals envisaged in paragraph 1 concerning health,
safety, environmental protection and consumer
protection, will take as a base a high level of protection'.

WRITTEN QUESTION No 2973/90

by Mr Thomas Megahy (S)

to the Commission of the European Communities

_(18_ _January 1991)_

(91/C 164/37)

_Subject:_ Human rights abuses in Sri Lanka —
Representations

Was the Commission represented at the recent Sri Lanka
Aid Consortium meeting in Paris and, if so, were
representations made on its behalf to the Sri Lankan
authorities regarding human rights abuses in Sri Lanka?

Answer given by Mr Matutes
on behalf of the Commission

_(12 February 1991)_

The Commission was represented at the Sri Lanka Aid
Group Meeting in Paris on 25 October 1990.

At the start of the meeting, the Commission, together
with the Member States, presented a joint statement on
human rights which during the meeting was reinforced in
the separate intervention made by the Commission
representative.

WRITTEN QUESTION No 3028/90

by Mr Giuseppe Mottola (PPE)

to the Commission of the European Communities

_(28_ _January 1991)_

(91/C 164/38)

_Subject:_ Interpretation of the powers reserved to the
Member States under Article 14 of Directive

79/409/EEC

Directive 79/409/EEC (*) embodies a number of
provisions at Community level which _inter alia_ specify
which species of wild birds may be hunted, on the basis of
respect of the conditions laid down in the Directive,
within the territory of each Member State.

However, Article 14 of the Directive allows individual
Member States to derogate from the Community rules.

Can the Commission confirm:

1. that this residual power of individual Member States
to introduce stricter measures is confined to measures

taken with the sole aim of protecting particular
species;

2. that, in order to prevent unacceptable disparities
between Member States, derogations resulting from
the exercise of the above power should be in
accordance with the Community principles of
proportionality and necessity, as affirmed on
numerous occasions by the Court of Justice?

O OJ No L 103,25.4.1979, p. 1.

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

_(2 7_ _March 1991)_

1. The Member States may introduce stricter
protective measures in all fields covered by the Directive.

2. The measures taken by the Member States on the
basis of Article 14 must be compatible with Community
law.

WRITTEN QUESTION No 2/91

by Mr Kenneth Collins (S)

to the Commission of the European Communities

_(1 February 1991)_

(91/C 164/39)

_Subject:_ Application of EC spirits regulations

Is the Commission satisfied that all Member States have
taken the necessary steps to ensure that all spirit drinks
bottled in the Community after 14 December 1990
conform to the provisions of Regulation (EEC)
No 1576/89 (')? If not, what action does the Commission
intend to take on this matter?

(*) OJN0LI60,1.6.1989, p. 1.

Answer given by Mr Mac Sharry
on behalf of the Commission

_(19_ _March 1991)_

Regulation (EEC) No 3773/89 ('), as last amended by
Regulation (EEC) No 3750/90 ( [2] ), lays down transitional
measures relating to spirituous beverages. It provides:

— that the first stage of marketing (sale and actual
removal from the production undertakings or places

No C 164/24 Official Journal of the European Communities 24. 6. 91

of storage of those undertakings) of Community
products prepared before 15 December 1989 and
products imported before 15 December 1989 may take
place until 14 December 1991 in a presentation
complying with the provisions in force before 15
December 1989;

— that the first stage of marketing of Community and
imported products, preparation (operations resulting
in a finished product, bottled, labelled and intended
for the final consumer) of which is begun before 15
June 1990, and bottling of which is completed before
31 December 1990 or presentation of which is
completed before 31 March 1991 in conformity with
the provisions in force before 15 December 1989, may
take place until 14 December 1991 in a presentation
complying with those provisions.

The sale of Community and imported spirituous
beverages which are fully prepared and held at that date at
sale-to-the-final-consumer stage may take place until
stocks are exhausted.

The Commission, to its knowledge, has not established to
date any incorrect application of Regulation (EEC)
No 1576/89. Once it is aware of specific cases, it will not
fail to take the necessary action.

(') OJNoL365,15.12.1989.
O OJNoL360,22.12.1990.

WRITTEN QUESTION No 79/91

by Mr Mihail Papayannakis (GUE)

to the Commission of the European Communities

_(6 February 1991)_

(91/C 164/40)

_Subject:_ Problems in the textiles sector

The textiles and clothing sectors account for 25% of
Greece's gross industrial production, 20% of the total
industrial workforce and 45 % of industrial exports. These
are 'vertical' sectors par excellence (because of the use of
local raw materials such as cotton), relatively dispersed in
the regions of the country and technologically diverse.
The enterprises concerned are often small, many of them
working on a contract system. The virtual abolition of the
multifibre agreement now under discussion would
directly threaten their survival, with serious repercussions
on employment, regional development (Thessaly, for
example, employs 35 000 people, mostly women in small
towns and villages) and, indeed, agriculture. The Greek
Government has submitted a proposal for restructuring
these sectors and is asking the Community for financial
support.

1. In assessing this proposal, does the Commission
intend to seek the opinion of the professional and
trade union organizations, especially from the
regions, and, if so, how?

2. Does it intend to pursue the inclusion of the 'social
clause' in future international trade agreements,
including those concerning the textiles and clothing
sectors?

3. How can it ensure the substantial and creative
involvement of trade union organizations in assessing
the necessary investment programmes and
technological innovation, in planning training and
retraining programmes for workers and in improving
working conditions, notably as regards health, safety,
pay and working hours, which must constitute a
substantial part of the restructuring plan now being
studied?

Answer given by Mr Bangemann
on behalf of the Commission

_(3 April_ _1991)_

The Commission keeps a close watch on developments in
the Community's textiles and clothing industry,
particularly in regions which depend heavily on this
sector. In the Uruguay Round negotiations the
Commission is seeking to protect the long-term interests
of the Community's textiles and clothing industry.

With reference to the points raised by the Honourable
Member:

1. The Commission will shortly step up its contacts with
the Greek authorities in order to gain a better
understanding of the scale of the problems facing the
Greek textiles and clothing industry which it can use
as a basis for assessing the proposals submitted to it.
The Commission is quite open to the establishment of
contacts with industrial circles and trade union and
professional organizations.

2. From the beginning of the Uruguay Round
negotiations the Commission has supported the
proposal of setting up a working party to examine the
possibility of introducing a clause on the protection
of workers' rights in future trade arrangements.
However, in view of the opposition from a number of
countries, and in particular from developing
countries, it is highly unlikely that favourable results
can be achieved in the short term. The Commission is
nevertheless continuing its efforts on this front.

3. Much has been done in the framework of social
dialogue with trade union organizations. Meetings
have been held to discuss problems such as improving
working conditions, safety, health, pay and working
hours. A study of employment problems in the textiles

24. 6. 91 Official Journal of the European Communities No C 164/25

sector was recently carried out by the European
Trades Union Confederation on behalf of the

Commission.

The administrative procedure for Community
research programmes provides for the Economic and
Social Committee, on which trade 'unions and
professional organizations are represented, to be
consulted when the programmes are drawn up.

With particular reference to Greece, a seminar on
health and safety was organized in July 1990. Issues
such as investment, technological innovation, training
and retraining could be discussed in the context of the
Community support framework, and in particular the
industrial multifund operational programme. During
the negotiations concerning this programme the
Commission will ensure that the social partners are
involved in the process of monitoring its
implementation.

WRITTEN QUESTION No 88/91

by Mr James Ford (S)

to the Commission of the European Communities

_(6 February 1991)_

(91/C 164/41)

_Subject:_ Harmonization of personal fire-arms legislation

Would the Commission comment on reports of pending
proposals to alter legislation dealing with personal
firearms, which legislation, it is rumoured, will ban
self-loading pistols and double action revolvers in
particular, but which will make the sport of target
shooting, widespread and well-regulated in general in
Britain, a thing of the past?

Will the Commission say what stage any such legislation
has reached, and what consultation procedure the
Commission is adopting with interest groups?

Answer given by Mr Bangemann
on behalf of the Commission

_(1 March 1991)_

The proposal for a directive on control of the acquisition
and possession of weapons, which the Commission
submitted to the Council on 6 August 1987 ('), forms part
of the drive to do away with border controls inside the
Community in order to complete the single market.

At no stage has the Commission been seeking to prevent
the exercise of the sport of target shooting by prohibiting

what are classified as 'short firearms with semi-automatic

or repeating mechanisms'.

Firearms of that kind are included in Category B,
'firearms subject to authorization', both in the proposal as
amended on 13 November 1989 ( [2] ) and in the second
amended proposal of 27 September 1990 ( [}] ).

They continue to be listed under Category B in the
common position adopted by the Council on 4 February
1991.

Throughout the legislative process interested parties, and
marksmen in particular, have been consulted regularly
through their representative organizations.

0) OJNoC235,1.9.1987.
O OJ No C 299,28.11.1989.
O OJNoC265,20.10.1990.

WRITTEN QUESTION No 128/91

by Mr Luigi Vertemati (S)

to the Commission of the European Communities

_(11 February 1991)_

(91/C 164/42)

_Subject:_ Headquarters of the European Environmental
Agency

Having regard to the now urgent need to provide the
Community with effective environmental policy
instruments,

Whereas almost a year has passed since the adoption of
the regulation on the establishment of the European
Environmental Agency,

Whereas at its last three meetings in Dublin and Rome the
Council has not seen fit to discuss or decide on the

headquarters of the Agency, thus preventing its
establishment,

Whereas in delivering its opinion Parliament pressed for
the Agency to be set up without delay, also with a view to
widening its duties and powers,

Will the Commission designate the headquarters of the
agency as soon as possible so that it may begin to
function?

Will it also inform Parliament of the reasons preventing it
from taking this decision and the measure to be taken to
enable Community environmental policy to be developed
in the manner repeatedly advocated by the Ministers, the
Commissioner and Parliament?

No C 164/26 Official Journal of the European Communities 24. 6. 91

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

_(27 March 1991)_

The regulation on the European Environment Agency
contains a provision stating that it shall enter into force on
the day after the competent authorities "have taken a
decision on the Agency's headquarters (').

Eleven Member States have submitted applications
relating to eleven European cities, which are currently
before the Council awaiting a decision.

The Commission for its part, conscious of the problems
created by the fact that no decision has been taken on the
headquarters, raised the point at the Council meeting
(Environment) on 21 and 22 December 1990.

The Commission informed the Council of its intention to

hold exploratory talks with a view to speeding up the
establishment of the European information and
observation network, and the Agency's work programme,
before the entry into force of the regulation.

To this end, the Commission's departments will seek to
ascertain:

— the names of the representatives on the management
board;

— the institution in each country which would be
responsible for contacts with the Agency;

— the types of activity which Member States would like
to see included in the Agency's work programme,
including the setting-up of the topic centres.

Furthermore, the Commission has requested Parliament,
by means of a letter addressed to its President, to begin
discussions on the choice of the two scientific

personalities whom it is to appoint as members of the
management board.

The Commission intends to convene a meeting of the
prospective members of the management board in the
near future with a view to holding initial informal
discussions. Clearly, the aim of such discussions must be
to prepare the ground thoroughly, without prejudice to
the formal decisions of the Council.

O OJNoL120,11.5. 1990.

WRITTEN QUESTION No 244/91

by Mr Gerard Monnier-Besombes (V)

to the Commission of the European Communities

_(18 February 1991)_

(91/C 164/43)

_Subject:_ Special protection areas for the short-eared owl
_(Asioflammeus)_

Can the Commission list the special protection areas
established by France for the conservation of the
short-eared owl _(Asio flammeus)_ in accordance with
Directive 79/409/EEC (')?

(') OJNoL 103,25.4. 1979, p. 1.

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

_(19 March 1991)_

In France _Asio flammeus,_ the short-eared owl, is well
represented in the Pointe d'Arcais, classified as a special
protection area under the terms of Directive 79/409/EEC
in September 1986.

This species also nests in the following special protection

areas:

The Lac du Der-Chantecoq, Haute-Marne (5 000 ha,
September 1986); the Domaine de Cherine, Indre
(145 ha, September 1986); Saint Denis du Payre, Vendee
(206 ha, September 1986).

It winters in or passes through the following areas:

The Lac de la Foret d'Orient (Aube, 2 500 ha, January
1990); the Etang de Madine (Meuse, 1 100 ha, January
1990); the Lac de Grand Lieu (Loire-Atlantique, 6 000 ha,
September 1986); les Marais de Mofeze
(Charente-Maritime, 6 500 ha, February 1988); l'Estuaire
de la Seine (Seine Maritime, 2 750 ha, January 1990); les
Basses Vallees du Cotentin (Manche, 20 715 ha, January
1990) and the Baie d'Audierne (Finistere, 1 600 ha,
January 1990).

WRITTEN QUESTION No 339/91

by Mr Jose Mendes Bota (LDR)

to the Commission of the European Communities

_(4_ _March 1991)_

(91/C 164/44)

_Subject:_ EEC Golf Tournament

Given that tourism is a major catalyst of regional
development and that golf is one of its major attractions,
the idea of organizing a major international tournament
in this sport, under the patronage of the European
Community, is not only in keeping with the spirit and
aims of the Community but would also, at the present
time, serve as a sign of confidence in and an incentive to
promoters of the peaceful industry referred to which has
been so seriously affected in this time of war.

1. In these circumstances does the Commission intend to

grant the support requested by an extremely reliable
Portuguese tourist company in the Algarve, which has
been very successful in this sector, to launch the
project for an EEC professional and amateur trophy?

2. Does not the Commission consider that the idea of

combining professional golfers and amateurs from
among the Community's politicians, businessmen and
artists in a single tournament will help to strengthen
the spirit of European unity and mutual
understanding between nations?

24. 6. 91 Official Journal of the European Communities No C 164/27

3. Is the Commission satisfied with the publicity
achieved by the tennis and cycling events sponsored by
the Community?

Answer given by Mr Dondelinger
on behalf of the Commission

_(5 April 1991)_

1. The proposal for a sporting fixture submitted by the
organizers has been considered by the appropriate
Commission departments. The Commission does not
organize sporting events itself; it merely gives moral or
financial support, as the case may be, to proposals
submitted to it. In this particular case, the ways in which
the Commission could become involved will be looked at

directly with the parties concerned.

2. Bringing professionals and amateurs together in a
single golf tournament is an approach which has been
widely used in the past. The Commission does not think
that this type of event particularly helps to strengthen the
spirit of European unity.

3. The answers given in Eurobarometer survey No 33
in 1990 showed that 61,4% of those questioned believed
that the Community should be involved in promoting
sport. This figure shows the positive correlation between
sport and the Community in the minds of Community
citizens.

WRITTEN QUESTION No 365/91

by Mr Francesco Speroni (ARC)

to the Commission of the European Communities

_(7 March 1991)_

(91/C 164/45)

_Subject:_ Measures to bring Italian law into line with
Community law

According to the judgment delivered on 20 March 1990
by the Court of Justice in Case C-21/88, paragraphs 16
and 17 of the Italian _Act_ No 64 of 1 March 1986, infringe
Article 30 of the EEC Treaty.

Does the Commission intend to take measures to ensure

that the Italian Government brings its legislation into line
with Community law by abrogating the offending
provisions?

Answer given by Mr Bangemann
on behalf of the Commission

_(10 April 1991)_

The judgment delivered by the Court of Justice on 20
March 1990 in Case C-21/88 stated that paragraphs 16
and 17 of Article 17 of Italian Act No 64 of 1 March 1986

establishing a system of regional preferences were
incompatible with Article 30 of the EEC Treaty. Before
the Court's judgment, the Commission had already begun
discussions with the Italian authorities with a view of

putting an end to the infringement.

The Italian authorities unconditionally accepted the need
to amend the system currently in force so that firms in
other Member States will not be discriminated against.

Several ideas were put forward and the Commission let
the Italian authorities have its comments.

Most recently, the Commission received a text amending
Act No 64 of 1986 which is designed to put an end to the
infringement of Article 30 of the Treaty.

The Commission is now waiting for the Italian authorities
to send it an exact timetable for the entry into force of this
amendment.

WRITTEN QUESTION No 551/91

by Mr Jannis Sakellariou (S)

to the Council of the European Communities

_(26 March 1991)_

(91/C 164/46)

_Subject:_ Memorandum from the self-styled 'President of
the Turkish Republic of Northern Cyprus' to the
President of the Council of the European
Community

1. Will the Council say whether it is aware of the
memorandum from the self-styled President of the
Turkish Republic of Northern Cyprus, Mr Rauf Denktas,
to the Foreign Minister of the Italian Republic, Mr
Michelis, which is enclosed together with a letter from the
Turkish Ambassador, Resat Arim?

2. Can the Council give background details concerning
this memorandum — in so far as it has such information

— in particular who, acting in what capacity, sent this
memorandum to whom?

3. If the Council is unaware of the memorandum, can
it be inferred that the Ambassador was being less than
honest in his letter?

Answer

_(30 May 1991)_

The Council refers to the reply it gave to Question
No 2965/90 put by the Honourable Member on the same
subject and confirms that it has not received the
memorandum referred to in this question.

No C 164/28 Official Journal of the European Communities 24. 6. 91

WRITTEN QUESTION No 675/91

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(16 April 1991)_

(91/C 164/47)

_Subject:_ Declaration on the Rights of Disabled Persons

Which Member States have ratified the Declaration on

the Rights of Disabled Persons proclaimed by the General
Assembly of the United Nations on 9 December 1975?

Which Member States are putting into practice the
recommendations contained in this Declaration?

Answer given by Mrs Papandreou
on behalf of the Commission

_(16 May 1991)_

The Commission is collecting the information it needs to
answer the Honourable Member's question.

It will inform him of its findings as soon as possible.

WRITTEN QUESTION No 704/91

byMrPaulStaes(V)

to the Commission of the European Communities

_(19 April 1991)_

(91/C 164/48)

_Subject:_ Programme of research into the problem of
slurry in Belgium

It emerges from the annual reports of the (Belgian)
National Institute for Agricultural Engineering and the
(Belgian) Institute for Chemical Research that both
establishments, in conjunction with the Council for
Agricultural Research (Terveuren, Belgium), worked on a
research programme dealing with the problem of slurry in
Flanders during the period of 1 October 1975—1 October
1978.

The annual reports mention _inter alia_ EEC contracts
Nos 252 and 253. The programme was therefore evidently
either entirely or partly financed by the Community.

Can the Commission say:

1. What the intended aim of the research was and what

the results were?

2. What the final conclusions were and what

recommendations were issued with regard to policy?

3. Whether a final report is available ?

4. What impact the research has had on the policy
pursued subsequently?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(21_ _May 1991)_

The Commission is sending directly to the Honourable
Member and to the Secretariat of Parliament the

information requested.

WRITTEN QUESTION No 762/91

by Mr Gerard Monnier-Besombes (V)

to the Commission of the European Communities

_(29 April 1991)_

(91/C 164/49)

_Subject:_ Definition of the status of animals

In view of the number of complaints and petitions
concerning cruelty to animals, does the Commission not
believe that a good many of such cases could be resolved if
a status other than that of 'thing' or 'agricultural product',
or any other status currently employed, were conferred
on animals, since those statuses completely ignore the fact
that animals are sensitive creatures?

If so, is the Commission considering following the
example set in certain Member States or considering
taking action? Can it say what action, if any, it is
considering taking, and on what time scale?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(17 May 1991)_

The Commission would refer the Honourable Member to

its answers to Written Questions No 2148/90 by Mrs
Crawley 0) and No 1749/90 by Mrs Rothe (').

O OJNoC79,25.3.1991.

WRITTEN QUESTION No 763/91

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(29 April 1991)_

(91/C 164/50)

_Subject:_ Aspartame and phenylalanine

Persons suffering from phenylketonuria — mainly
children — must, in order to prevent mental retardation,
follow a stria diet that includes as little phenylalanine as
possible.

24. 6. 91 Official Journal of the European Communities No C 164/29

However, phenylalanine makes up 50% of aspartame, a
sweetener used in 'light' products which was recently
introduced in certain medicines (such as syrups for
children).

Nearly always, the fact of its inclusion fails to be indicated
on the products concerned, which are therefore liable to
be taken unwittingly by a patient.

Does the Commission not believe that, in order to rule
out this risk, products containing aspartame should
clearly indicate that that includes phenylalanine?

Answer given by Mr Bangemann
on behalf of the Commission

_(17 May_ _1991)_

The Commission would refer the Honourable Member to
the reply to the Oral Question H-339/91 by Mr Rossa,
which it gave during question time at Parliament's April
1991 part-session (*).

(') Debates of the European Parliament No 3-404 (April 1991).