Source: EURLEX
Language: en
Format: md

ISSN 0378-6986

#### C 65
# Official Journal

Volume 36
### of the European Communities 8 March 1993

#### C 65

Volume 36

8 March 1993

###### English edition Information and Notices

Notice No Contents Page

I Information

European Parliament

Written Questions with answer

93 / C 65 / 01 No 1628 / 90 by Mr Alman Metten to the Commission
Subject : Domestic refuse by-law regulation in the town of Mechelen ( Supplementary answer ) 1

93 / C 65 / 02 No 435 / 91 by Mr Victor Manuel Arbeloa Muru to the Commission
Subject : Elimination of chemical weapons 1

93 / C 65 / 03 No 2098 / 91 by Mr Peter Crampton to the Commission
Subject : Competition in the poultry industry 2

93 / C 65 / 04 No 2421 / 91 by Mr Gijs de Vries to the Commission
Subject : A European super computer network 2

93 / C 65 / 05 No 2980 / 91 by Mr Henry McCubbin to the Commission
Subject : UK Nationals : Section 66(3 ) of the UK Civil Aviation Act 1982 3

93 / C 65 / 06 No 3155 / 91 by Mr Jose Mendes Bota to the Commission
Subject : East Timor 4

93 / C 65 / 07 No 200 / 92 by Mr Rogério Brito to the Commission
Subject : Radioactive pollution of the Aguenda river by the Enusa ( with ERDF financing ) 4

93 / C 65 / 08 No 320 / 92 by Mr Thomas Maher to the Commission
Subject : The operation of Community programmes by independent agencies 5

93 / C 65 / 09 No 439 / 92 by Mrs Cristiana Muscardini to the Commission
Subject : Use of dog hides for the manufacture of leather goods 6

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No 649 / 92 by Mr Marco Taradash to the Commission
Subject : The World Bank and pollution in the third world

No 679 / 92 by Mr Maxime Verhagen to the Commission
Subject : World Bank policy concerning polluting industries

Joint answer to Written Questions Nos 649 / 92 and 679 / 92

No 755 / 92 by Mr Freddy Blak to the Commission
Subject : Protecting the rights of assault victims

No 955 / 92 by Mr Manfred Vohrer to the Commission
Subject : Conflict between national and EC legislation

No 1678 / 92 by Mr Alexander Langer to the Commission
Subject : Infringement of EC rules as a result of the new hunting law in Italy

Joint answer to Written Questions Nos 955 / 92 and 1678 / 92

No 958 / 92 by Mr Mihail Papayannakis to the Commission
Subject : Infringement of the Treaty and competition regulations

No 960 / 92 by Mr Mihail Papayannakis to the Commission
Subject : Construction of a road through the Katafiki Gorge

No 1027 / 92 by Mr Carles-Alfred Gasòliba i Bohm to the Commission
Subject : Seat of the future European Environment Agency

No 1301 / 92 by Mr Sotiris Kostopoulos to the Commission
Subject : Seat of the Environmental Protection Agency

Joint answer to Written Questions Nos 1027 / 92and 1301 / 92

No 1 1 13 / 92 by Mr Neil Blaney to the Commission
Subject : Impact of the Channel Tunnel

No 1 169 / 92 by Mrs Guadalupe Ruiz-Gimenez Aguilar to the Commission
Subject : Structural Funds and the environment

No 1 185 / 92 by Mrs Brigitte Ernst de la Graete to the Commission
Subject : Tropical forests in French Guyana

No 1267 / 92 by Mr Rolf Linkohr to the Commission
Subject : Protection of the tropical rainforest in French Guiana

No 1348 / 92 by Mr Jean-Pierre Raffin to the Commission
Subject : Destruction of forests in French Guiana supported by Community funds

Joint answer to Written Questions Nos 1185 / 92, 1267 / 92 and 1348 / 92 . . .

No 1228 / 92 by Mrs Annemarie Goedmakers to the Commission
Subject : Fraud involving the export of fatstock to Poland

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93 / C 65 / 25 No 1262 / 92 by Mr Dieter Rogalla to the Commission
Subject : Timber imports 13

93 / C 65 / 26 No 1304 / 92 by Mr Sotiris Kostopoulos to the Commission
Subject : Smuggling of lambs and kids from Albania 14

93 / C 65 / 27 No 1317 / 92 by Mr Florus Wijsenbeek to the Commission
Subject : Ban on night and weekend driving 14

93 / C 65 / 28 No 1336 / 92 by Mr Jean-Pierre Raffin to the Commission
Subject : Funding of road improvements in the Aspe valley and the construction of the Somport
tunnel ( Pyrenees Atlantiques ) 14

93 / C 65 / 29 No 2379 / 92 by Mr Jean-Pierre Raffin to the Commission
Subject : Failure to reply to a written question 15

Joint answer to Written Questions Nos 1 336 / 92 and 2379 / 92 15

93 / C 65 / 30 No 1402 / 92 by Mr Sotiris Kostopoulos to the Commission
Subject : Customs checks in Greece 15

93 / C 65 / 31 No 1428 / 92 by Mr Bouke Beumer to the Commission
Subject : Insurance for fines for intentional infringements of international treaties, such as the
Marpol Treaty 16

93 / C 65 / 32 No 2215 / 92 by Mr Hemmo Muntingh to the Commission
Subject : Compliance with the Marpol Convention 16

Joint answer to Written Questions Nos 1428 / 92 and 2215 / 92 16

93 / C 65 / 33 No 1466 / 92 by Mrs Marguerite-Marie Dinguirard, Mr Virginio Bettini, Mrs Hiltrud
Breyer and Mr Paul Lannoye to the Commission
Subject : Case of leukaemia at the reprocessing plant in La Hague, France 17

93 / C 65 / 34 No 1515 / 92 by Mr Jose Mendes Bota to the Commission
Subject : Status of Portuguese EEC officials attached to delegations in developing countries ... 18

93 / C 65 / 35 No 1593 / 92 by Mr Jaak Vandemeulebroucke to the Commission
Subject : Urban pilot project for Brussels 19

93 / C 65 / 36 No 1600 / 92 by Mr Florus Wijsenbeek to the Commission
Subject : Proposal to merge the General Inspectorate of the Netherlands Ministry of Agriculture
and Fisheries and the Customs Department of the Ministry of Finance 19

93 / C 65 / 37 No 1601 / 92 by Mr Alexandros Alavanos to the Commission
Subject : Drawing up a comprehensive study on measures to halt the industrial decline and
increase the development potential of southern Evvia 20

93 / C 65 / 38 No 1613 / 92 by Mr Diego de los Santos López to the Commission
Subject : Job losses at border crossing points from 1 January 1993 20

93 / C 65 / 39 No 1651 / 92 by Mr Llewellyn Smith to the Commission
Subject : European food industry — female part-time workers 21

( Continued overleaf )

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93 / C-65 / 40 No 1652 / 92 by Mr Llewellyn Smith to the Commission
Subject : European food industry training fund 22

93 / C 65 / 41 No 1653 / 92 by Mr Llewellyn Smith to the Commission
Subject : Food industry vocational education and training strategy 22

93 / C 65 / 42 No 1654 / 92 by Mr Llewellyn Smith to the Commission
Subject : Food hygiene education and training 22

93 / C 65 / 43 No 1655 / 92 by Mr Llewellyn Smith to the Commission
Subject : Food hygiene education in schools 22

93 / C 65 / 44 No 1656 / 92 by Mr Llewellyn Smith to the Commission
Subject : Food hygiene and food safety education in schools 22

93 / C 65 / 45 No 1657 / 92 by Mr Llewellyn Smith to the Commission
Subject : Food hygiene and food safety vocational education and training 22

93 / C 65 / 46, No 1658 / 92 by Mr Llewellyn Smith to the Commission
Subject : Food industry : EC Force / Flair programme funding 23

93 / C 65 / 47 No 1659 / 92 by Mr Llewellyn Smith to the Commission
Subject : Food hygiene education and training of inspection / control officers employed by
competent authorities 23

93 / C 65 / 48 No 1660 / 92 by Mr Llewellyn Smith to the Commission
Subject : Food hygiene : information, education and training 23

93 / C 65 / 49 No 1661 / 92 by Mr Llewellyn Smith to the Commission
Subject : Food hygiene : information, education and training 23

93 / C 65 / 50 No 1662 / 92 by Mr Llewellyn Smith to the Commission
Subject : EC food hygiene, education and training standards and practice 23

93 / C 65 / 51 No 1663 / 92 by Mr Llewellyn Smith to the Commission
Subject : Contract compliance : good food hygiene practice within the EC 24

93 / C 65 / 52 - No 1664 / 92 by Mr Llewellyn Smith to the Commission
Subject : EC financial support : European food safety and food hygiene education and training
strategy 24

93 / C 65 / 53 No 1666 / 92 by Mr Llewellyn Smith to the Commission
Subject : Strategy for the promotion of intra-Community trading and consumer confidence
through EC Regulation of food hygiene training 24

93 / C 65 / 54 No 1667 / 92 by Mr Llewellyn Smith to the Commission
Subject : Food legislation, right access to EC information 24

Joint answer to Written Questions Nos 1651 / 92 to 1664 / 92, 1666 / 92 and 1667 / 92 . . 25

93 / C 65 / 55 No 1702 / 92 by Mr Diego de los Santos Lopez to the Commission
Subject : The strawberry sector in Andalusia 26

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No 1709 / 92 by Mr Florus Wijsenbeek to the Commission
Subject : Transitional Community measures on vehicle dimensions 27

No 1776 / 92 by Mr Ernest Glinne to the Commission
Subject : Use of nuclear technology in space 27

No 1797 / 92 by Mr Miguel Arias Cañete to the Commission
Subject : Payments to Spain from the 1991 Community budget 28

No 1803 / 92 by Mr Dieter Rogalla to the Commission
Subject : Forest management in Canada 28

No 1825 / 92 by Mr Paul Staes to the Commission
Subject : EC sponsoring of a conference in Chile 29

No 1871 / 92 by Mr John Tomlinson to the Commission
Subject : Report on low strength whisky 29

No 1873 / 92 by Mr Kenneth Coates to the Commission
Subject : Pensions 30

No 1881 / 92 by Mr Nino Pisoni to the Commission
Subject : Operations of the agricultural export refund system, in particular for cereals . . 30

No 1894 / 92 by Mr Sotiris Kostopoulos to the Commission
Subject : Measures to protect children 31

No 1966 / 92 by Mr Andre Sainjon to the Commission
Subject : Future of the Association Agreement signed with Czechoslovakia and the Phare
programme 32

No 2019 / 92 by Mr Dieter Rogalla to the Commission
Subject : Turnover tax on commercial gambling machines 32

No 2026 / 92 by Mr Dieter Rogalla to the Commission,
Subject : The transport of bicycles on trains, coaches and other forms of public transport 33

No 2038 / 92 by Mr Lode Van Outrive to the Commission
Subject : Application of the Commission 's social action programme on implementation of the
Community Charter of Fundamental Social Rights for Workers 33

No 2055 / 92 by Mr Enrico Falqui to the Commission
Subject : Investments for transport infrastructure from the new Cohesion Fund 34

No 2065 / 92 by Mrs Christine Crawley to the Commission
Subject : Single Market problems for thermoplastic storage vessels 34

No 2072 / 92 by Mr Sotiris Kostopoulos to the Commission
Subject : Disbanding of the Cotton Organization and the National Tobacco Organization in
Greece 35

No 21 18 / 92 by Mr Carlos Robles Piquer to the Commission
Subject : Community participation in Spain 's National Water Plan 36

( Continued overleaf )

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93 / C 65 / 73 No 2135 / 92 by Mr Wilfried Telkämper to the Commission
Subject : Environmental taxes 36

93 / C 65 / 74 No 2136 / 92 by Mr Wilfried Telkämper to the Commission
Subject : Group actions by environmental associations 37

93 / C 65 / 75 No 2138 / 92 by Mr Karl von Wogau to the Commission
Subject : Imports of cast iron from Poland, Czechoslovakia and Hungary 38

93 / C 65 / 76 No 2140 / 92 by Mr Rinaldo Bontempi to the Commission
Subject : Abolition of the ' Interrail ' ticket 38

93 / C 65 / 77 No 2440 / 92 by Mr Ben Fayot to the Commission
Subject : Withdrawal of railway companies from the Interrail scheme 38

93 / C 65 / 78 No 2632 / 92 by Mr Reimer Böge to the Commission
Subject : Interrail ticket 39

Joint answer to Written Questions Nos 2140 / 92, 2440 / 92 and 2632 / 92 39

93 / C 65 / 79 No 2189 / 92 by Mr Hemmo Muntingh to the Commission
Subject : European Environment Agency 39

93 / C 65 / 80 No 2200 / 92 by Mrs Maria Izquierdo Rojo to the Commission
Subject : Community projects and initiatives for the benefit of Mediterranean non-member
countries 39

93 / C 65 / 81 No 2226 / 92 by Mr Florus Wijsenbeek to the Commission
Subject : Harmonization of dimensions and weight of goods vehicles 40

93 / C 65 / 82 No 2234 / 92 by Mr Jan Bertens to the Commission
Subject : Floating fish farm in Vourvouros Bay 41

93 / C 65 / 83 No 2242 / 92 by Mr Sergio Ribeiro to the Commission
Subject : Arrests and torture in Spain 41

93 / C 65 / 84 No 2256 / 92 by Mr Herman Verbeek to the Commission
Subject : The transport of animals 42

93 / C 65 / 85 No 2263 / 92 by Mr Ian White to the Commission
Subject : Through sleeper trains 42

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I

( Information )

EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION No 1628 / 90

by Mr Alman Metten ( S )
to the Commission of the European Communities

(2 July 1990 )

( 93 / C 65 / 01 )

Subject : Domestic refuse by-law regulation in the town of

Mechelen

On 21 February 1990, the Mechelen College of Aldermen
adopted a by-law stipulating that domestic waste must be
packed in the plastic refuse sacks prescribed by the
Mechelen municipality .

1 . Was the Commission promptly informed of this

measure in accordance with Article 3 ( 2 ) of Directive
75 / 442 / EEC O ?

2 . Is the Commission aware that in Mechelen, as in
Roeselare and Zemst, refuse packed in refuse bags
lawfully marketed in the Netherlands and conforming
to quality control ( KOMO ) standards applied
throughout the Dutch municipalities, is not collected ?

3 . Does the above Mechelen by-law and the refusal to
collect rubbish contained in sacks manufactured in the
Netherlands in any way run Counter to the provisions
of Articles 30 — 37 of the EEC Treaty or other
European law ?

2 . If so, what measures will the Commission take to
remedy this incorrect implementation of European
law ?

5 . Is the Commission prepared to make a proposal
concerning a European standard for refuse bags ?

Supplementary answer given by Mr Van Miert

on behalf of the Commission

( 27 October 1992 )

Following its answer of 17 September 1990 (*), the
Commission 's investigation into the matter referred to by
the Honourable Member is now complete .

The town of Mechelen requires that only specially

marked refuse bags that meet certain specifications be
used in its territory for refuse collection purposes . These
specifications are justified for reasons of environmental
and health protection and consideration is given to all
bags whether national or imported that meet the
specifications . The Commission therefore considers the
measures taken by the town to be justified under
Article 30 et seq . of the EEC Treaty . Given the variety of
refuse collection systems resulting from the need to take
account of specific local characteristics, the Commission
considers, as set forth in its first answer, that its powers do
not extend to the laying down of harmonized rules
concerning procedures for the collection of domestic
refuse .

O OJ No C 28, 4 . 2 . 1991 .

WRITTEN QUESTION No 435 / 91
by Mr Victor Manuel Arbeloa Muru ( S )
to the Commission of the European Communities

( 11 March 1 991 )

( 93 / C 65 / 02 )

Subject : Elimination of chemical weapons

a

What specific measures does the European Community
propose to take to make headway in eliminating chemical
(') OJ No L 194, 25 . 7 . 1975, p. 47 . weapons throughout the world ?

No C 65 / 2 Official Journal of the European Communities 8 . 3 . 93

Answer given by Mr Delors producers that this is not the case and that the EC
on behalf of the Commission countries are competing on an equal basis ?

( 7 December 1 992 )

The Honourable Member is referred to the answer given
in June 1991 to Written Question No 436 / 91 in the
context of European Political Cooperation ( 1 ).

Since then, the negotiations in Geneva in the framework
of the Disarmament Conference led to the conclusion
early in September 1992 of a Treaty placing a total ban on
chemical weapons . The Convention on Chemical
Weapons, subject to the approval of the United Nations
47th General Assembly, will be open for signature in Paris
from 15 January 1993 . The Member States propose to sign
and ratify this Convention and to accompany their
accession with a declaration safeguarding their
obligations as members of the Community .

In the Community context, the Commission proposal of 7
July 1992 for a framework Regulation on the control of

exports of certain dual-use goods and technologies
should make it possible to go beyond the proposal of 19
March 1990 amending the Council Regulation of 20
February 1989 concerning the export of certain chemical
products and should lead to :

— the inclusion at one time of over 50 products listed as a

result of the work of the Australian Group ;

— the inclusion of controls envisaged in a more limited

Community context, the combination of the notion of
dual-use goods and the reference to Article 113, to
replace the reference to the 1990 proposal concerning
precursors reflecting an earlier interpretation of
Article 223 .

(') OJ No C 309, 26 . 11 . 1992, p. 1 .

WRITTEN QUESTION No 2098 / 91

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

( 26 September 1 991 )

Answer given by Mr Mac Sharry

on behalf of the Commission

( 23 November 1992 )

Article 2 of Council Decision 88 / 408 / EEC (') sets the
levels of the fees to be charged for health inspections and
controls of fresh meat as provided for in Directives
64 / 433 / EEC, 71 / 118 / EEC, 85 / 358 / EEC and Articles 3
and 7 of Directive 86 / 469 / EEC .

However, if the real figures for inspection costs, laid
down in Directives 64 / 433 / EEC, 71 / 118 / EEC and
Articles 3 and 7 of Directive 86 / 469 / EEC, exceed the
standard rate for fees as laid down in Article 2 ( 1 ) of
Council Decision 88 / 408 / EEC, Member States may, but
are not obliged to, increase the fees to a higher level than
the abovementioned rate in line with the real costs of

inspection .

The first subparagraph in Article 2 ( 2 ) of the Council

Decision 88 / 408 / EEC provides that ' Until the review
provided for in Article 10, Member States where salary
costs, the structures of establishments, and the ratio
between veterinarians and inspectors differ from those of
the Community average adopted for the calculation of the
standard amounts laid down in paragraph 1 may depart
from them through increases or reductions up or down to
the real figure for inspection costs '.

The level of the fees does not therefore have to cover

100 % of the real cost of health inspection . The proportion
of the real cost of inspection that is not covered by the
standard rate may be borne by the Member States .

The payments reported by the Honourable Member
cannot be described as aids granted by States in the
meaning given in Article 92 of the EEC Treaty and do not
distort competition in the common market .

O OJNoLl94, 22 . 7 . 1988 .

( 93 / C 65 / 03 ) WRITTEN QUESTION No 2421 / 91

Subject : Competition in the poultry industry

Some members of the British poultry industry are
concerned that they are unable to produce turkeys as
cheaply as their French and Danish competitors . It is
believed that in France and Denmark the costs of

veterinary inspections at such processing plants are at
least partly borne by the French and Danish
Governments . Can the Commission assure the British

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

( 30 October 1 991 )

( 93 / C 65 / 04 )

Subject : A European super computer network

Following the lead given by the House of Representatives,
the US Senate has approved the allocation of $ 1 billion to
set up a national network of super computers linking

8 . 3 . 93 Official Journal of the European Communities No C 65 / 3

research institutes, universities and businesses ( Edmund
L. Andrews, ' US Supercomputing Network Nearer ',
International Herald Tribune, 13 September 1991 ).

Is the Commission considering moves to set up a similar
network linking the Community 's Member States ?

Answer given by Mr Pandolfi

on behalf of the Commission

( 25 November 1992 )

The US Federal Programme ' High Performance
Computing and the National Research and Education
Network ' ( HPCC ) was launched in 1991 with the aim of
strengthening the USA 's dominant position in the two
complementary, strategic sectors of high-performance
computers and rapid networks . The budget for the
programme, which is to run until 1996, is US$ 2,9 billion .
These funds are shared by four lines of action :
high-performance computers ( 25% ), advanced software
( 41% ), the rapid network ( 14% ), basic research and
training ( 20% ). The setting up of a network of computers
linking research institutes, universities and businesses is
only part of a much bigger coordinated project .

The Commission has already been following and
analyzing these international projects for a number of
years . One of the recent results of this activity is the report
on high-performance computing by the Working Party
set up by the Commission and chaired by Professor
Rubbia . The report recommends the launching of a
large-scale European project . It refers to the most
advanced computing techniques and high-capacity
communications as being essential for the industrial
competitiveness of European businesses and for scientific
progress over at least the next decade . While they are not
an exhaustive list of the applications concerned, three
main categories should be mentioned .

— Systems engineering and scientific computing which

are directly dependent on progress in modelling and
simulation to optimize the design and production of
new products .

— The management of increasingly diverse knowledge

and information which is essential as an aid in
decision-making .

— Improvement of the cost / performance ratio for a

whole series of embedded systems which are
incorporated in complex, highly advanced systems
such as medical and industrial imaging and robots .

In its working paper on the fourth Framework
Programme for Community activities in the field of
research and technological development ( 1994 — 1998 ) (')
the Commission proposed a ' core thematic area ' entitled
' High-performance computing and networking ', the aim
of which is to enable a broad category of users to benefit
from the new prospects offered by high-performance
computing and networking . At the same time, the

development of high-performance distributed computing
and rapid networks must continue in order to meet the
new requirements of users . The proposal will be based on
results and abilities which already exist in Europe, in
particular those developed under the European R&D
programmes ( mainly Esprit and RACE ). The setting up of
computer networks in Europe is an integral part of this
overall thinking .

Without awaiting the outcome of these medium - and

long-term projects, the Commission has also undertaken
short-term activities, a communications infrastructure
( 64 Kbit / s network ) having been developed with the
support of the above Community programmes . The
network, which covers the whole of Europe, is being
increased to 2 Mbit / s .

0 ) COM(92 ) 406 final — 9 . 10 . 1992 .

WRITTEN QUESTION No 2980 / 91

by Mr Henry McCubbin ( S )
to the Commission of the European Communities

( 13 January 1992 )

( 93 / C 65 / 05 )

Subject : UK Nationals : Section 66(3 ) of the UK Civil

Aviation Act 1982

Section 66 ( 3 ) of the United Kingdom Civil Aviation Act

1982 allows the Secretary of State for . Transport to
intervene in the issuing of an air transport licence if the
holder is no longer a UK national .

Does this clause discriminate against other EC nationals
under the appropriate section of the Treaty ?

Answer given by Mr Van Miert

on behalf of the Commission

(9 October 1992 )

The Commission is aware of the contents of Section 66

( 3 ) of the United Kingdom Civil Aviation Act which
provides for regulatory options to intervene on the basic
of nationality requirements in the issuing of an air
transport licence .

It has, therefore, on several occasions informed the
competent authorities of the United Kingdom of the legal
implications which any use of these provisions against
citizens from other Member States would have pursuant
to Articles 52 and 221 of the EEC Treaty .

No C 65 / 4 Official Journal of the European Communities 8 . 3.93

In this context the Commission takes the opportunity to
recall the third aviation package which include
sector-specific rules on licencing of air carriers . They aim
at establishing harmonized legal and economic standards
and at ensuring effectively the absence of any form of
discrimination along nationality lines .

WRITTEN QUESTION No 3155 / 91

« by Mr José Mendes Bota ( LDR )
to the Commission of the European Communities

( 24 January 1992 )

( 93 / C 65 / 06 )

Subject : East Timor

Has the Commission introduced the necessary
operational instruments to protect and assist as far as
possible the population of East Timor which has been the
victim of outrageous acts of bloodshed and cruelty
committed by the Indonesian forces during the repression
of this country by what can only be described as an
occupying power ?

Answer given by Mr Matutes

on behalf of the Commission

( 23 November 1 992 )

After the tragic events of November 1991, the
Commission has followed closely the policy of the
Indonesian Government concerning East Timor,
including the report of the National Investigation
Commission on 26 December 1991, and the
pronouncements of President Soeharto .

The Community and its Member States issued a
Declaration on 3 December 1991 condemning the
unjustifiable actions of the Indonesian armed forces,
stressing the respect of the Community and its Member
States for the principles of human rights and democracy
and also their support for a comprehensive settlement of
the East Timor issue taking into account the legitimate
interests and aspirations of the population of the territory .

The Commission welcomed the findings announced last
December by the Indonesian Government as to excessive
action by its armed forces, and the Government 's
expressed intention to take stern legal measures against
those responsible, to review administrative procedures in
the province and to step up the Government 's
development programmes there . A lot of concern still
remains, however, as to the treatment of prisoners,
particularly regarding their right to legal representation
and fair trial .

On 7 February 1991, the Indonesian Foreign Minister
Mr Ali Alatas visited the Commission and outlined the
actions taken by the Indonesian authorities to prevent any
recurrence . Mr Alatas also confirmed Indonesia 's
willingness to cooperate with the mission to Indonesia of
the Secretary-General 's personal representative .

Another declaration was issued by the Community and its
Member States on 13 February 1992 welcoming GOI
measures expressing the hope that concrete and effective
steps will be taken to improve the human rights situation
in East Timor calling for fair trials, as well as support for
the UN Secretary-General 's personal representative 's
mission to Indonesia .

Following a discussion between the Secretary-General of
the UN and President Soeharto of Indonesia in Jakarta on
2 September 1992, the Ministers of Foreign Affairs of
Indonesia and Portugal were invited to hold informal
consultations in New York under the auspices of the
Secretary-General of the United Nations and without
preconditions, on the occasion of the 47th Session of the
General Assembly starting end of September .

These discussions took place and another round are

scheduled for December .

The Community and its Member States have welcomed
the dialogue initiated under the auspices of the
UN-Secretary-General between Portugal and Indonesia
whose aim is to find a just, comprehensive and
internationally acceptable solution to the question of East
Timor .

On 23 September 1992, the delegations of the European
Parliament and the Asean Interparliamentary
Organization met in Jakarta and issued a joint statement
reaffirming that basic human rights and fundamental
freedoms are of universal and comprehensive validity and
committing themselves to cooperate in the protection of
these rights and freedoms .

WRITTEN QUESTION No 200 / 92

by Mr Rogerio Brito ( CG )
to the Commission of the European Communities

( 10 February 1 992 )

( 93 / C 65 / 07 )

Subject : Radioactive pollution of the Aguenda river by

the Enusa ( with ERDF financing )

A uranium enrichment plant is now being built at Saelices
El Chico in Spain near the Portuguese border, and has led

8 . 3.93 Official Journal of the European Communities No C 65 / 5

to vehement protests by the local authorities and local
inhabitants on both sides of the border . The project is
receiving ERDF financing, which prompted protests to
the Commission in 1990 . A recent edition of the Spanish
Official Gazette contained an authorization for the Enusa
to use 24 litres of water per second for industrial purposes
from the river Agueda, which flows through both
countries, without the Portuguese authorities being
consulted . The Agueda is one of the few unpolluted rivers
on the Iberian Peninsula . It constitutes a rich and varied
ecosystem and supplies water to a number of Spanish and
Portuguese towns .

In view of the danger of irreversible radioactive pollution
of rivers and water tables, thereby affecting arable and
livestock farming, wildlife and fish species and, inevitably,
man what measures will the Commission take to prevent a
foreseeable ecological disaster and the radioactive
pollution of the river Agueda and of the entire border
area ?

Answer given by Mr Van Miert

on behalf of the Commission

( 18 December 1 992 )

On 21 October 1991 the Commission received from the
Permanent Representative of Spain, under the terms of
Article 37 of the Euratom Treaty, the general data related
to the uranium ore processing plant ' Quercus ' ( not an
enrichment plant ) located at Saelices el Chico .

According to this Article, the Commission, after
consulting a group of experts, is required to deliver its
opinion within six months as to whether the
implemenation of this plan is liable to result in the
radioactive contamination of the water, soil or airspace of
another Member State, particularly Portugal .

That opinion, delivered on 14 April 1992 ( 1 ), states that

' the implementation of the plan for the disposal of
radioactive waste from the ' Quercus ' uranium ore
processing plant of Enusa in Saelices el Chico
( Salamanca ), both in normal operation and in the event of
an accident of the magnitude considered in the general
data, is not liable to result in radioactive contamination,
significant from the point of view of health, of the water,
soil or airspace of another Member State '.

The project in question is also covered by Annex II to
Directive 85 / 337 / EEC ( 2 ) on the assessment of the effects

of certain public and private projects on the environment
with which the Spanish authorities must comply .

o OJNoL 128, 15 . 5 . 1992 .
O OJNoL 175, 5 . 7 . 1985 .

WRITTEN QUESTION No 320 / 92

by Mr Thomas Maher ( LDR )
to the Commission of the European Communities

( 27 February 1992 )

( 93 / C 65 / 08 )

. Subject : The operation of Community programmes by

independent agencies

I understand that outside agencies operate many
Community programmes on behalf of the Commission .
Can the Commission state which Community
programmes are operated and administered by such
independent agencies ?

What is the budget for each of these programmes and
what percentage goes into actual administration ?

Has the Commission undertaken any studies to gauge the
real cost-effectiveness of using such agencies ?

Answer given by Mr Cardoso e Cunha

on behalf of the Commission

(9 October 1992 )

The Commission would first remind the Honourable

Member that the appropriations allocated to Community
programmes, including those under EDF IV, represent
around 31% of the general budget of the Communities
( administrative and research appropriations ). To be more
specific, research programmes account for 4 % of the 1992
budget, while 27,2 % is allocated to the Structural Funds,
which cover the majority of Community programmes .

As regards the management of these various programmes,
the Commission would make the following remarks :

— 10,7 % of the appropriations for research programmes

are implemented by the JRC, which is not an outside
agency, and 3 % by the JET, which is a joint

No C 65 / 6 Official Journal of the European Communities 8.3.93

undertaking set up under Article 49 of the Euratom
Treaty ; the other indirect measures are administered
by Commission departments ;

Structural Funds programmes are implemented by the
Member States or regional authorities under the
Commission 's supervision in accordance with the
principles of subsidiarity and partnership laid down in
the regulations adopted by the Council pursuant to
Title V of the Single Act ;

as regards other   - programmes, the attached table
shows the amount of administrative expenditure
charged to each of the relevant operational headings
in the budget . This expenditure is entered in Part A of
the 1993 preliminary draft budget .

In preparing and implementing Community programmes,
the Commission calls on outside help when it lacks the
necessary expertise or regular staff in its own
departments .

Outside agencies are usually hired through invitation to
tender procedures in accordance with the rules on
procurement ; the use of such agencies does not mean that
the Commission renounces its control over the
administration of the programmes in question .

Furthermore, the Commission is extremely careful in
conferring tasks on outside staff . Guidelines on the
subject have recently been adopted and notified to the
budgetary authority .

WRITTEN QUESTION No 439 / 92

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

(2 March 1992 )

( 93 / C 65 / 09 )

Subject : Use of dog hides for the manufacture of leather

goods

More than 3 000 dogs have been killed in Poland and
their hides used for the manufacture of belts, wallets and
other ' leather ' accessories . The animal hides were
supplied by family farms and agricultural cooperatives in
south-eastern Poland at prices varying from ZL 3 000 to
2L 5 000 .

In view of the major Community programmes of aid for
Poland, in particular for its farming sector, will the
Commission take steps to ensure that Community aid
does not cause increased cruelty to animals ?

Answer given by Mr Andnessen

on behalf of the Commission

( 18 December 1992 )

The Commission ensures that its programmes in support

of agricultural development in third countries do not
cause cruelty to animals . The case in Poland referred to by
the Honourable Member does not benefit from
Community funding nor has the Community a legal basis
to intervene .

WRITTEN QUESTION No 649 / 92

by Mr Marco Taradash ( V )
to the Commission of the European Communities

( 26 March 1992 )

( 93 / C 65 / 10 )

Subject : The World Bank and pollution in the third world

In the light of the fact that on 8 February 1992 The
Economist carried an extract from a memorandum
written by Lawrence Summers, chief economist at the
World Bank, which included the following passage :

' Just between you and me, should n't the World Bank be
encouraging more migration of the dirty industries to the
LDCS ? I can think of three reasons :

( 1 ) The measurement of the costs of health-impairing

pollution depends on the foregone earnings from
increased morbidity and mortality . From this point of
view a given amount of health-impairing pollution
should be done in the country with the lowest cost,
which will be the country with the lowest wages . I
think the economic logic behind dumping a load of
toxic waste in the lowest-wage country is impeccable
and we should face up to that .

( 2 ) The costs of pollution are likely to be non-linear as

the initial increments of pollution probably have very
low cost . I've always thought that under-populated
countries in Africa are vastly under   - polluted . . . Only
the lamentable facts that so much pollution is
generated by non-tradable industries ( transport,
electrical generation ) and that the unit transport
costs of solid waste are so high prevent
world-welfare-enhacing trade in air pollution and
waste ...'

I should like to know whether the Commission endorses
the analyses made by Lawrence Summers, which will
probably lead to opportunities in terms of financial
incentives for governments which encourage the transfer

8 . 3.93 Official Journal of the European Communities No C 65 / 7

of highly polluting industrial activities to the southern
part of the world, or, if this is not the case, whether it
intends to ask for Summers ' dismissal .

WRITTEN QUESTION No 679 / 92

by Mr Maxime Verhagen ( PPE )
to the Commission of the European Communities

( 26 March 1992 )

The Commission would also refer the Honourable
Members to the answer given at the plenary session in
April 1992 to oral question No H-267 / 92 by Mr
Verhagen ( 1 ).

(') Debates of the European Parliament, No 3-417 ( April 1992 ).

( 93 / C 65 / 11 ) WRITTEN QUESTION No 755 / 92

Subject : World Bank policy concerning polluting
industries

1 . Is the Commission aware of the ideas which are
allegedly circulating inside the World Bank about
transferring polluting industries to the Third World ? ( x )

2 . Does the Commission agree that this runs counter to
the philosophy behind the support being given by the
World Bank and other UN bodies through the Global

Environment Facility ( GEF ) to efforts to tackle
environmental problems in developing countries ?

3 . Is the Commission prepared to make public its
disapproval of the internal memorandum circulating in
the World Bank suggesting that the latter should
encourage the transfer of polluting industries to the Third
World ?

(') See reports in ' The Economist ' of the first week of February

1992 .

Joint answer to Written Questions Nos 649 / 92 and 679 / 92

given by Mr Van Miert
on behalf of the Commission

( 22 December 1992 )

The Commission does not think that the opinion quoted
reflects the official policy of the World Bank, with which
it collaborates on many projects, including the pilot
programme for the protection of the Brazilian rainforest .
We would also point out that the Global Environment

Facility in which the World Bank inter alia participates, is
being reformed so as to be made more transparent and
could have a major role to play following the Unced .

The idea of exporting the most polluting industries is part
of a purely theoretical analysis made by a World Bank
official and not the Bank itself .

It is not for the Commission to request the suspension of
the exponent of this theory . The World Bank is the sole
judge of the professional competence of its employees .

by Mr Freddy Blak ( S )
to the Commission of the European Communities

(6 April 1992 )

( 93 / C 65 / 12 )

Subject : Protecting the rights of assault victims

The expulsion of women ( from third countries ) who have
been given residence permits after marrying men
permanently resident in Denmark has given rise to a
number of problems .

Women have been expelled because they were forced to
leave their husband who had subjected them and their
children to physical and / or mental abuse .

The husbands concerned naturally face charges of assault

and are prosecuted but cannot be expelled .

Women who have been living in Denmark for less than 24

months can however be expelled .

This is frequently against their will since they have neither
home nor employment to return to .

Since this kind of problem is presumably not limited to
Denmark, can the Commission draw up a proposal for a
Directive under which assault victims ( irrespective of sex )
are never placed in a worse legal situation than their
assailants . Does the Commission agree that such an
initiative is necessary ?

Answer given by Mr Bangemann

on behalf of the Commission

( 22 October 1992 )

Community law recognizes the right of residence for the
family members, irrespective of nationality, of a worker
who is a national of a Member State and exercises his
right of free movement in the Community . This right of
residence is a derived right which comes to an end when
the marital tie ceases to exist . In order to enable the
spouse who is not a Community national to retain the
right of residence after the death of the Community

No C 65 / 8 Official Journal of the European Communities 8 . 3.93

spouse or after their divorce, the Commission has
proposed that the scope of Regulation ( EEC ) No 1612 / 68
be widened ('). This proposal is still before the Council .

However, according to a decision of the Court, the fact
that a couple have ceased to cohabit does not deprive the
spouse who is not a Community national of the right of
residence ( 2 ). The Commission approves this decision,
which is based on respect for human rights . Accordingly,
it does not intend to draw up the proposal for a Directive
requested by the Honourable Member .

Italy was also condemned for infringement of Article 7 of
the Directive, authorizing the hunting of 11 species of
birds protected therein ( colinus virginianus, corvus cornix,

corvus corone, corvus frugilegus, pica pica, garrulus
glandarius, passer montarius, passer domesticus, passer italiae,

sturnus vulgaris and corvus monedula ). The new law not
only continues to authorize the hunting of these 11
species ( Article 18 ) but adds a further three ( fringilla

which is based on respect for human rights . Accordingly, coelebs, fringilla montifringilia, bonasa bonasia ) protected
it does not intend to draw up the proposal for a Directive by the Directive . Will the Commission initiate further
requested by the Honourable Member . infringement proceedings under Article 169 of the Treaty

of Rome against Italy and other countries in order to
O OJ No C 100,21.4 . 1989 ( COM(88 ) 815 final ); OJ No C 119, enforce Community rules with regard to the hunting of

15 5 1990 108 final birds and other animals in Italy ?

15 . 5 . 1990 ( CC>M(90 ) 108 final ).
( 2 ) Case 267 / 83 Aissatou Diatta v . Land Berlin ( 1985 ) ECR 567 .

WRITTEN QUESTION No 955 / 92

by Mr Manfred Vohrer ( LDR )
to the Commission of the European Communities

( 15 April 1992 )

( 93 / C 65 / 13 )

Subject : Conflict between national and EC legislation

Is the Commission aware of the substance of the new
Italian Hunting Law No 157 of 11 February 1992,
published in the Official Gazette of 25 February 1992, and
will it initiate proceedings before the European Court of
Justice for infringement of Council Directive
79 / 409 / EEC O ?

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

WRITTEN QUESTION No 1678 / 92

by Mr Alexander Langer ( V )
to the Commission of the European Communities

Joint answer to Written Questions

Nos 955 / 92 and 1678 / 92

given by Mr Van Miert
on behalf of the Commission

( 4 November 1 992 )

The Commission has noted the Italian law of 1 1 February

1992 on the protection of fauna . It has already contacted
the Italian authorities with whom a meeting was held in
July 1992 . Article 1 of the Italian law specifically states

that it is transposing, in their entirety, the Community
Directives in this area ( 79 / 409 / EEC, 85 / 41 1 / EEC,
92 / 244 / EEC ). However, the Italian authorities have
agreed that the provisions of the law, which refers to
species which can be hunted and to live lures can only be
interpreted in the accordance with the provisions of the
Community Directives and, in particular, Article 9 of
Directive 79 / 409 / EEC .

This conclusion has already been made official in a letter
to the Commission signed by the Italian Minister for
Agriculture, the wording of which will shortly be set out
in a circular or decree to be published within the Italian

Official Gazette .

(1 July 1992 ) '

WRITTEN QUESTION No 958 / 92
( 93 / C 65 / 14 )

Subject : Infringement of EC rules as a result of the new

hunting law in Italy

On 11 February 1992 Italy adopted a new law ( No 157 )
on hunting .

Italy has already been condemned by the Court of Justice
in respect of its previous legislation ( Law No 968 of 27
December 1977 ), which infringes Articles 7 and 8 of
Directive 79 / 409 / EEC, since it authorizes the trapping of
birds during periods and using techniques forbidden
under the Directive . The new law upholds these
infringements . .

( 15 April 1992 )

( 93 / C 65 / 15 )

Subject : Infringement of the Treaty and competition

regulations

The recently promulgated Greek Law No 2000 ( Official

Gazette 206A, 24 December 1991 ) on privatization and
the simplification of liquidation procedures etc . contains
provisions running counter to Community law, in
particular Articles 1 — 14, which are contrary to
Articles 86, 90 and 92 of the Treaty and related case law,

by Mr Mihail Papayannakis ( GUE )
to the Commission of the European Communities

8 . 3.93 Official Journal of the European Communities No C 65 / 9

and with Council Regulation No 17 of 1962 (*), Council
Regulation ( EEC ) No 4064 / 89 ( 2 ) and Commission
Regulation ( EEC ) No 2367 / 90 ( 3 ).

1 . What view does the Commission take of these
provisions of Law No 2000 and what measures will it
take to enforce Community law ?

2 . What steps has the Commission taken to date on the

question of transparency concerning transfers of
undertakings in Greece ?

O OJ No 13, 21 . 2 . 1962, p . 204 .
O OJ No L 395, 30 . 12 . 1989, p . 1 .
O OJ No L 219, 14 . 8 . 1990, p . 5 .

Answer given by Sir Leon Brittan

on behalf of the Commission

( 16 December 1 992 )

Articles 1 to 14 of Law No 2000 / 91 on privatization have
no direct connection with the provisions of Council
Regulation ( EEC ) No 4064 / 89 and Commission
Regulation ( EEC ) No 2367 / 90 on the control of
concentrations and, consequently, the question of
whether they as such conform with the abovementioned
Community provisions does not arise .

Nevertheless, in accordance with the principle soundly
enshrined in Community law and endorsed by Council
Regulation ( EEC ) No 4064 / 89 that there should be no
discrimination between the public and private sectors, the
Commission is empowered to examine, provided that all
the conditions for applying the said Regulation are met,
whether operations carried out in conformity with the
provisions of Law No 2000 / 91 are compatible with
Community rules on the control of concentrations .

These observations also apply to Articles 86 and 90 of the
Treaty and to Council Regulation No 17 / 62 .

With regard to the compatibility of Law No 2000 / 91 with
the Treaty provisions on state aid, it should be noted that
this Law, which was notified to the Commission in March

1992, introduces no specific new measures on
privatization other than those provided for by the general
arrangements examined and approved by the Commission
in August 1991 ( Laws Nos 1892 / 90 and 1914 / 90 ). The
implementation of this new Law does not, therefore, give
rise to any objections .

However, in order to monitor the progress of
privatizations, the Commission has requested the Greek
Government to report at six-monthly intervals on all the
operations carried out during the preceding period .

WRITTEN QUESTION No 960 / 92

by Mr Mihail Papayannakis ( GUE )
to the Commission of the European Communities

( 15 April 1992 )

( 93 / C 65 / 16 )

Subject : Construction of a road through the Katafiki

Gorge

Pursuant to Council of State Decision No 77 2 / 1992, the
Katafiki Gorge in Ermioni in the prefecture of Argolis is
classified as a protected game reserve and an area of
outstanding natural beauty . The above decision by the
Council of State revokes the previous decision by the
Argoli Forestry Commission ( Ministry of Agriculture ) to

approve the construction of the road through the gorge,
which is unique in this area because of its forest, flora and

fauna .

Despite this and protests by members of the public and
environmental organizations, the Community is funding
the project without the necessary conditions set out in
Directives 79 / 409 / EEC (') and 81 / 854 / EEC ( 2 ) on the
conservation of wild birds and the protection of wetlands
and biotopes and Directive 85 / 337 / EEC ( J ) on
environmental impact studies being fulfilled .

1 . Is the Commission aware of the above situation ?

2 . Has it been informed by the Greek Government of the

decision by the Council of State concerning the illegal
construction of the road in this area ?

3 . Will it continue to provide funding for work on a

project which infringes the above Directives and

4 . What measures will it take to avoid a full-scale
ecological catastrophe in the area of Argolis ?

o OJ No L 103, 25 . 4 . 1979, p . 1 .
O OJ No L 319, 7 . 11 . 1981, p . 3 .
O OJ No L 175, 5 . 7 . 1985, p . 40 .

Answer by Mr Van Miert
on behalf of the Commission

( 10 December 1992 )

1 ., According to the information in the Commission 's
possession the Hellenic authorities have, under
Regulation ( EEC ) No 797 / 85 (') proceeded, within the
region in question, to widen a 300 m-long fire-brigade
access road . The Hellenic authorities state that the

construction of that road would have no adverse effect on

the natural environment . Indeed, under Directive
85 / 337 / EEC the building of a road falls within Annex II
of that Directive and must therefore be covered by an

No C 65 / 10 Official Journal of the European Communities 8 . 3 . 93

impact study if its effects on the environment are
considered to be significant owing to the scope or location
of the project .

2 . and 4 . The Commission feels that the Council of

State 's decision to cancel the authorization for a new road
in that area constitutes in itself a guarantee for the
safeguarding of its natural resources .

3 . No project in the Katafiki-Gorges region is financed
by the Community 's structural Funds .

The cities in question are Brussels, Copenhagen, Berlin,
Athens, Madrid ( and, alternately, Seville ), Strasbourg,

Milan, Dublin, Bilthoven, Lisbon and Cambridge .

WRITTEN QUESTION No 1113 / 92

by Mr Neil Blaney ( ARC )
to the Commission of the European Communities

O OJ No L 93, 30 . 3 . 1985 .
( 11 May 1992 )

WRITTEN QUESTION No 1027 / 92
by Mr Carles-Alfred Gasoliba i Bohm ( LDR )
to the Commission of the European Communities

( 27 April 1992 )

( 93 / C 65 / 17 )

Subject : Seat of the future European Environment
Agency

Which cities in the European Community can be
considered to be official candidates for the seat of the
future European Environment Agency ?

WRITTEN QUESTION No 1301 / 92

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

( 5 June 1 992 )

( 93 / C 65 / 18 )

Subject : Seat of the Environmental Protection Agency

Will the Commission say which countries — if any —
have so far expressed an interest in becoming the seat of
the EEC Environmental Protection Agency ? Has the
Greek Government submitted an application in this
connection ?

Joint answer to Written Questions

Nos 1027 / 92 and 1301 / 92

given by Mr Van Miert
on behalf of the Commission

( 15 October 1 992 )

The Commission is informed of the fact that the
Governments of the Member States interested presented
their candidate cities for the seat of the future European
Environment Agency at the Council meeting of 22 March

1990 .

( 93 / C 65 / 19 )

Subject : Impact of the Channel Tunnel

In a study of the regional impact of the Channel Tunnel
published by the Commission in the transport section of
'
Europe 2000 — Outlook for the Development of the
Commission 's Territory ( Document COM(91 ) 452 final,
Brussels, 7 September 1991, page 82 ) it is stated that ' with
the full realization of the plans for extending the rail and
motorway network in Europe, Ireland is likely to become
relatively more peripheral, to the detriment of services,
including tourism, which could more than offset the gains
to manufacturing '.

What steps or policies does the Commission intend to
propose to counter this negative effect ?

Answer given by Mr Millan
on behalf of the Commission

( 16 October 1 992 )

The study in question highlights possible changes in
traffic flows and the location of economic activities
following the commissioning of the tunnel .

The current Community Support Framework for Ireland
lays emphasis on measures to tackle Ireland 's
peripherality . Furthermore, the Irish Government will
have an opportunity to propose measures to overcome
these negative effects when the regional development
plans for the 1994 — 1997 period are drawn up in 1993 .
The Commission will pay particular attention to any such
proposals during the negotiations on the Community
support frameworks .

The proposals put forward by the Commission
subsequent to the Maastricht Treaty 1 ( the Delors II
Package ) will, with regard to both the development of
trans-European networks and regional policy, provide
Ireland with greater resources through increases in the
ERDF and the Infrastructure Fund and the creation of the

Cohesion Fund .

8 . 3 . 93 Official Journal of the European Communities No C 65 / 11

WRITTEN QUESTION No 1169 / 92

by Mrs Guadalupe Ruiz-Gimenez Aguilar ( LDR )
to the Commission of the European Communities

( 15 March 1992 )

( 93 / C 65 / 20 )

Subject : Structural Funds and the environment

What independent studies has the Commission
undertaken on the relationship between the Structural
Funds and the environment before and after the 1988

reform ? Can the Commission make these studies available

to the Parliament ?

Answer given by Mr Christophersen

on behalf of the Commission

(2 October 1992 )

Various Commission departments have conducted studies
on the relationship between the Structural Funds and the
environment, particularly since the 1988 reform :

1 . Through the European Regional Development Fund,

the Commission has financed the following studies on
environmental problems :

( a ) Environment and Regional Development of the
less-favoured and declining industrial Regions —
Preliminary study for the Envireg initiative
( Prognos-1988 );

( b ) Environmental Investment Needs in the lagging
regions ( ERL-Spain, 1991 );

( c ) Local communities ' awareness programme
regarding lthe problems of :

— processing waste water ( Ecotec — end of

1992 )

— urban waste management ( Ecotec —
beginning 1993 ).

The Commission will make these studies available to

the European Parliament .

Furthermore, a thematic assessment study of the
Italian Objective 1 CSF, one of the themes of which
concerns the environment, is currently being carried

out .

2 . Through the European Social Fund, the Commission

recently initiated and financed a study on technical
assistance, the aim of which was to examine the
' centres of excellence ' specializing in training in
environmental technologies . The aim of the study is to
help Member States to organize transnational training
programmes . The study is still being carried out and a
progress report is expected in the autumn .

3 . Through the EAGGF, and in a more general study

which analysed the CSFs in all 1 1 5b regions
specifically issues concerning the environment were
raised, specifically in relation to those CSFs where the
environment enjoys priority .

Furthermore, in some operational programmes relating to
Objective 5b, co-financed by the EAGGF, studies are
anticipated which have been initiated by the regions in
question and for which they are responsible . The aim of
these studies is primarily to gain a clearer insight into the
particular problems faced by local communities regarding
environmental protection . Better guidance can then be
given to the monitoring committees for these

programmes .

In addition to measures taken to protect the environment
through the new Cohesion Fund, the Commission, having
considered the changes brought about by the 1988
reform, is aware of the need to continue to co-finance,
through the Structural Funds, programmes developed to
protect the environment .

WRITTEN QUESTION No 1185 / 92

by Mrs Brigitte Ernst de la Graete ( V )
to the Commission of the European Communities

( 15 May 1992 )

( 93 / C 65 / 21 )

Subject : Tropical forests in French Guyana

Is the Commission aware of the following threats to the
tropical rainforest in French Guyana : construction work
undertaken by EDF ( Electricite de France ), areas of forest
granted to migrant workers, the installation of the Ariane
Programme, miners ' camps and waste dumped into rivers ?

Does the Commission, as part of the protection of
rain-forests which it encourages in other regions, propose
to take steps to preserve the vast assets which the
rain-forest eco-system of French Guyana and the living
creatures it supports represent ?

WRITTEN QUESTION No 1267 / 92

by Mr Rolf Linkohr ( S )
to the Commission of the European Communities

(4 June 1992 )

( 93 / C 65 / 22 )

Subject : Protection of the tropical rainforest in French

Guiana

It is the declared aim of the European Communities to
protect the tropical rainforest . Part of this rainforest,
since it is located on the territory of Franch Guiana, is
part of France and, therefore, also of the EC .

In connection with the incipient changes in the Earth 's
climate, has the Commission found that

— road and dam-building projects to develop the

country,

— implementation of the Ariane space programme,

No C 65 / 12 Official Journal of the European Communities 8 . 3 . 93

— ' gifts ' of land, followed by clearing operations, to

workers from non-Community States,

— illegal mining projects ( gold, minerals )

are harming efforts to preserve Europe 's only share of the
tropical rainforest ?

Can the Commission see ways and means of taking action
with a view to :

— an initiative to raise the public 's environmental

awareness,

— setting up national parks

in the region concerned ?

WRITTEN QUESTION No 1348 / 92

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

(5 June 1992 )

( 93 / C 65 / 23 )

Subject : Destruction of forests in French Guiana
supported by Community funds

The tropical forests are under severe threat : following the
Unctad meeting in Rio, the Community will call on the
third world countries in whose territory these forests are
situated to reduce or stop their exploitation of them .

However, the EEC is simultaneously financing projects
whose effect is, or will be, the deterioration of the only
tropical forest falling within Community territory, i.e. the
rain forest in French Guiana . The projects concerned
include :

— the planned St Georg 's highway ;

— the hydraulic dams proposed by the EDF following

construction of the Petit Saut dam, which will itself
involve the destruction of almost 350 km 2 of forest ;

— new roads in forest areas ( in the Saul region and on

the Maroni banks );

— 'development' on the coastal strip at the expense of the

mangrove swamps, etc .

Can the Commission state how it can reconcile the
magnanimous declarations concerning the need to protect
biological diversity with the financing of operations
whose result is severely to reduce such diversity ?

Joint answer to Written Questions
Nos 1185 / 92, 1267 / 92 and 1348 / 92

on behalf of the Commission

given by Mr Van Miert

( 16 December 1 992 )

French Guyana includes the only example of tropical
rainforest to be found on the territory of a Member State

of the Community, that territory being subject to all
Community law and policies . For that reason, and in view
of its particular forestry features, it must be protected .

Various operations are being carried out under the
integrated operational programme for Guyana, financed
through the structural Funds . They are designed to ensure
satisfactory development for the local population, mainly
concentrated in the coastal regions, without affecting the
survival or biodiversity of the rainforest 's flora and fauna .

Operations contributing directly to the improvement or
protection of the environment receive Community aid,
e.g. the construction of a reception centre for researchers
and the protection of leatherback turtles .

At the ' Research ' Council meeting on 29 April 1992,

France put forward a proposal that French Guyana be
used as a ' laboratory ' for tropical rainforest research,
building on the Pirfag programme currently getting under
way . The Council asked the Commission to draw up the
relevant working proposals .

Lastly, the Commission is not aware of the threats
referred to by the Honourable Members .

WRITTEN QUESTION No 1228 / 92

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

( 21 May 1992 )

( 93 / C 65 / 24 )

Subject : Fraud involving the export of fatstock to Poland

Traders are exporting Dutch fatstock with a herdbook
certificate as ' productive livestock ' to Poland and, in so
doing, are receiving an export subsidy of Dfl 2,54 per kilo
live weight, which does not apply to cattle for slaughter
( according to a report in ' de Boerderij ' of 3 March 1992 ).
This reportedly involves several hundred head of Dutch
cattle each week ; it is suspected that, once in Poland, they
promptly end up in the slaughterhouse . According to the
Livestock and Meat Board, no fraud has been committed .

1 . Is the Commission aware of this report ?

2 . Does the Commission agree with the Livestock and
Meat Board that on the basis of the definition used by
the Commission, which extends to taking improper
advantage of the law, fraud is not involved ?

3 . Has this instance of the improper use of Community

monies been reported by the relevant authorities in the
Netherlands ?

4 . Does the Commission take the view that such
notification is necessary, e.g. in order to detect similar

8 . 3.93 Official Journal of the European Communities No C 65 / 13

types of fraud or improper use in other Member
States ?

5 . Does the failure of relevant national authorities to
report suspected fraud impede the system of
combating Community fraud, or does the
Commission have its own channels for obtaining such
information ?

6 . If so, what are they ?

Answer given by Mr Delors
on behalf of the Commission

( 17 November 1 992 )

The Commission is aware of the newspaper article to
which the Honourable Member refers and, following an
examination of the cattle import-export statistics, has
carried out an inspection in the Netherlands . The
statistics reveal an upward trend that was not justified at
first sight . In the light of the examination an inquiry was
initiated by the Commission based on Article 9 ( 2 ) of
Regulation ( EEC ) No 729 / 70 on financing the common
agricultural policy (').

From the inquiry the Commission could not determine
whether the livestock exported to Poland were pure-bred
breeding animals for which export refunds would be
payable . Discussions between the Commission and the
Member State in question are under way on the
interpretation of the instruments concerning the award of
such refunds, especially concerning the age of the animal .
At the same time, an investigation is being carried out in
the Netherlands by their investigation department before
the files are sent for further processing . The Commission
will keep the Honourable Member informed of
subsequent action .

o OJ No L 94, 28 . 4 . 1970 .

WRITTEN QUESTION No 1262 / 92

by Mr Dieter Rogalla ( S )
to the Commission of the European Communities

(4 June 1992 )

( 93 / C 65 / 25 )

Subject : Timber imports

1 . Does the Commission agree that considerable
volumes of timber, timber products, paper, cellulose and
similar products are imported into the Member States of
the Community, and is it prepared to state what statistics
it has in this connection ?

2 . What proportion of timber and timber product
imports originates in primitive forests, e.g. the Canadian
rainforest ?

3 . What volumes of such products are obtained yearly
from permanently cultivated forests in the Member States
of the Community, and are they predominantly used
within the Community or are they also exported ? How
can these quantities be possibly reduced and what
proportion of the products referred to at 1 do they
account for ?

4 . Is the Commission aware that timber products, e.g.
in Canada, come from areas in which ownership rights
have not been settled, for instance on the west coast of
Canada, where land lawsuits are proceeding while clear
felling proceeds, and is the Commission prepared to use
its influence with the Member States concerned to ensure
that such imports are suspended until ownership is
settled ?

Answer given by Mr Andriessen

on behalf of the Commission

( 22 December 1992 )

1 . The Commission is sending directly to the
Honourable Member and to the Secretariat-General of
the Parliament tables giving the quantity and value of
imports into the Community from the rest of the world of
the products mentioned by the Honourable Member for
the years 1989, 1990 and 1991 .

2 . The statistics available do not distinguish between
timber and timber products originating in primary or
other forests managed on a sustained basis . The types of
forests in Canada are diverse and rainforest represents a
minor part of total forest resources .

3 . With regard to the Community, it is not possible to
know what volume of such products is obtained from
permanently cultivated forests, due to lack of appropriate
statistics . However, all Member States have policies of
reforestation after felling . Community production of
timber is estimated at some 123 000 m 3 whereas usage is
approximately 230 000 m \ Self-sufficiency is therefore
approximately 55 % but varies according to the category
of product . As to a decrease in usage of
Community-origin forest products, this would require
either :

— a decrease per head in consumption of forestry

products or,

— a decrease in Community production and a parallel

increase in imports .

4 . The Commission would refer the Honourable

Member to its answer to Written Question No 849 / 92 by
Mr Telkamper (').

O OJNoC 16,21 . 1 . 1993 .

No C 65 / 14 Official Journal of the European Communities 8 . 3 . 93

WRITTEN QUESTION No 1304 / 92

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

WRITTEN QUESTION No 1317 / 92

by Mr Floras Wijsenbeek ( LDR )
to the Commission of the European Communities

( 5 June 1 992 ) (5 June 1992 )

( 93 / C 65 / 26 ) ( 93 / C 65 / 27 )

Subject : Ban on night and weekend driving

Subject : Smuggling of lambs and kids from Albania

Large-scale smuggling of lambs and kids has been taking
place for some time along the Greek Albanian border with
the connivance of the authorities of both countries .

Farmers ' unions believe that many animals belonging to
Albanians are presented as belonging to Greek
stockbreeders, thereby enabling smugglers and
stockbreeders to receive Community subsidies . Does the
Commission intend to take any measures to put an end to
this practice ?

Answer given by Mr Delors
on behalf of the Commission

( 16 November 1 992 )

The Commission closely monitors premium payments to

sheepmeat and goatmeat producers in Greece through the
clearance of accounts exercise in particular . An enquiry
into this matter was also carried out in July / August 1989
and in August 1 990 under Article 9 of Regulation ( EEC )
No 729 / 70 of 21 April 1970 on the financing of the
common agricultural policy ('). The Commission
subsequently made the appropriate financial adjustments
and required the Greek authorities to improve their
management and inspection system for this premium .

An enquiry into the Greek authorities ' handling of the
problem of lamb and kid smuggling described by the
Honourable Member revealed the great difficulties
encountered in policing the border with Albania . As a
result, a number of government departments ( customs,
agriculture, public order ) have combined efforts with the
army to put an end to this traffic, and the Greek customs
are taking all the necessary steps to ensure that
administrative and penal sanctions are applied to all
persons found guilty of taking part in this type of illegal
practice . The Commission will continue to monitor
developments in this area closely .

O OJNoL94, 28 . 4 . 1970 .

Is the Commission prepared to review the current ban on
night and weekend driving in the Member States, and the
possibilities of exemption from it ?

Does the Commission not consider that this situation
should be regulated in the Community as a whole, so as to
create harmonized conditions for competition ?

Could the Commission indicate where it considers that
more exemptions could be granted than are currently in
force, in the interests of reducing road congestion during
the day ?

Answer given by Mr Van Miert

on behalf of the Commission

( 18 December 1 992 )

A document summarizing the current night time and
weekend bans and rules of exemption in the Community

is available and will be sent directly to the Honourable
Member and the Secretariat-General of the European
Parliament . Community hauliers can easily obtain this
information in their professional organizations and the
IRU where these data are regularly updated .

Harmonization of these special regulations would be
desirable but is very difficult, as these bans depend on
local authorities which have to take into account local

circumstances, national and local holidays, etc .

It is not possible for the Commission to judge if a specific
night time or weekend ban should be relaxed in order to
avoid congestion . Therefore all consequences should be
assessed at a local level .

WRITTEN QUESTION No 1336 / 92

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

(5 June 1992 )

( 93 / C 65 / 28 )

Subject : Funding of road improvements in the Aspe valley

and the construction of the Somport tunnel
( Pyrenees Atlantiques )

Annex III of Directive 85 / 337 / EEC (') concerning
Article 5 ( 1 ) stipulates that pre-project studies should

8 . 3.93 Official Journal of the European Communities No C 65 / 15

provide a description covering ' the direct effects and any
indirect, secondary, cumulative, short, medium and
long-term, permanent and temporary, positive and
negative effects of the project '.

An examination of the various documents produced by

the local authorities involved reveals that :

1 . only part of the road improvements funded by the

EEC have been subjected to a public inquiry even
though the developers themselves acknowledge that it
is a comprehensive operation,

2 . the public inquiries held do not explicity take account

of the abovementioned points .

In view of this, how is it that the Commission has granted
funding for a project which does not respect Community
Directives and which also runs counter to the declared
need to develop rail as an alternative to road transport ?

O OJNoL 175, 5.7 . 1985, p. 40 .

WRITTEN QUESTION No 2379 / 92

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

( 23 September 1992 )

( 93 / C 65 / 29 )

Subject : Failure to reply to a written question

Why has the Commission not replied to Written Question
No 1336 / 92 (') on the implementation by France of
Directive 85 / 337 / EEC ?

(') See page 14 of this Official Journal .

Joint answer to Written Questions Nos 1336 / 92 and

2379 / 92

given by Mr Van Miert
on behalf of the Commission

( 21 December 1992 )

The Commission would refer the Honourable Member to
the replies given to his oral questions H-1038 / 92 " and
H-l 108 / 92, at question time during the European
Parliament 's October (') and November 1992 ( 2 ) sessions .

(') European Parliament Debate, No 3-423 ( October 1992 ).
( 2 ) European Parliament Debate, No 3-424 ( November 1992 ).

WRITTEN QUESTION No 1402 / 92

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

( 16 June 1992 )

( 93 / C 65 / 30 )

Subject : Customs checks in Greece

The Greek Government is dragging its heels over

simplifying customs checks in Greece which are
reportedly incompatible with the EEC Treaty . Given that
the abolition of border checks is a basic condition of
completing the single market by 1 January 1993, what
does the Commission intend to do to persuade the Greek
Government of the urgent need to bring Greek legislation
into line with Community law as regards customs checks
at borders ?

Answer given by Mrs Scrivener

on behalf of the Commission

( 1 October 1 992 )

As regards border checks on intra-Community traffic,

Greece will, like all the other Member States, be required
to observe the principles of Article 8 a of the EEC Treaty
from 1 January 1993, account being taken of its particular
geographical situation .

In order to facilitate the movement of Community goods
between Member States via the territory of a
non-Community country other than an EFTA country as
part of the attainment of the single market, an
administrative arrangement was formally concluded by
the Committee on Community Transit on 7 May . The
Member States therefore undertake to reserve, as far as
possible, special channels for checking Community goods
accompanied by a customs document drawn up in another
Member State .

The check will be confined to verifying the proof of the

Community nature of the goods and, where necessary,
discharge of the transport operation . Provided that there
is no need for a more detailed check of the goods being
transported and there are no anomalies, they can proceed
to their destination .

The relevant Community legislation is applied to existing
intra-Community trade . The Commission follows closely
the implementation by the Member States of the
provisions concerning the granting of simplified
procedures to economic operators who meet certain
conditions laid down in those provisions . It will not fail to
take the necessary steps if it finds that a Member State is
not observing the rules .

No C 65 / 16 Official Journal of the European Communities 8 . 3 . 93

WRITTEN QUESTION No 1428 / 92

by Mr Bouke Beumer ( PPE )
to the Commission of the European Communities

( 16 June 1992 )

( 93 / C 65 / 31 )

Subject : Insurance for fines for intentional infringements

of international treaties, such as the Marpol
Treaty

The Marpol Treaty on marine pollution is apparently
being undermined by the fact that owners and crew
members of vessels can insure themselves for fines
imposed for proven instances of illegal discharges .

The Marine Environment Protection Committee
( MEPC ) of the World Maritime Organization ( IMO )
decided at its recent meeting of 2 — 7 March in London to
examine this problem more closely .

Will the Commission answer the following questions ?

1 . Are policies incorporating a clause on this subject

available within the European Community ?

2 . In which Member States can policies incorporating a
clause on this subject be legally concluded, owing to
lack of provisions prohibiting such contracts in the
Member State 's legislation ?

3 . To the Commission 's knowledge, to what extent do

owners and crew members of vessels registered in the
Community take advantage of the possibility of
insuring themselves against fines which may be
imposed for intentional infringement of the Marpol
Treaty ?

4 . Can an agreement be reached in the context of the

GATT talks to ban insurance for fines imposed for
intentional infringement of international treaties, in
this particular case the Marpol Treaty ?

WRITTEN QUESTION No 2215 / 92

by Mr Hemmo Muntingh ( S )
to the Commission of the European Communities

(1 September 1992 )

( 93 / C 65 / 32 )

Subject : Compliance with the Marpol Convention

The Commission 's answer to Written Qeestions
Nos 789 / 92 and 790 / 92 (') is incomplete . I would
therefore ask them again :

1 . Are there differences between the Community
Member States with regard to prosecutions and the

penalties imposed for illegal discharges at sea and, if
so, what are these differences ?

2 . If there are large discrepancies between the Member

States concerning the penalties ( fines ) imposed for
illegal discharges at sea, will the Commission draw up

measures to :

( a ) harmonize the ( level of ) fines for infringements

of the Marpol Convention in the Member States
of the Community and

( b ) introduce sanctions which are ' adequate in
severity '?

3 . Can vessels and crews sailing under the flag of one of

the Community Member States take out insurance
against fines for breaching the Marpol Convention ?

4 . If so, is the Commission prepared to take steps to put

an end to this practice ?

5 . Why did the Commission fail to answer the above

questions ?

6 . What extra costs are entailed if questions have to be

put twice ?

O OJ No C 317, 3 . 12 . 1992, pp . 21 and 22 .

Joint answer to Written Questions

Nos 1428 / 92 and 2215 / 92

given by Mr Van Miert
on behalf of the Commission

( 21 December 1992 )

As the Honourable Member has already been informed,
the Community is not a signatory to the Marpol
Convention and has only observer status within the
International Maritime Organization ( IMO ). The
signatories to the Convention are obliged to implement it
and to see that it is efficiently applied .

However, although the Community is not a signatory to
the Marpol Convention, the Commission is concerned
that Member States should indeed implement the
Convention and do so efficiently . In its recommendation
on the ratification of Conventions on safety in shipping,
the Council invited Member States which had not already
ratified the Convention to do so (').

The Commission has no information concerning the
imposition or severity of sanctions for illegal discharges at
sea . Article II of the Convention obliges the contracting
parties to inform the IMO annually of any sanctions
imposed .

It is the Marpol Convention itself which requires its
contracting parties to impose appropriate sanctions on
those who contravene its provisions . With regard to the
harmonization of sanctions, the Commission considers
that differences between the administrative sanctions
actually imposed would distort competition . The

8 . 3.93 Official Journal of the European Communities No C 65 / 17

Commission intends to tackle this problem together with
the question of harmonizing the procedures for
inspecting and detaining vessels .

According to the information available to the
Commission, it appears that some insurers, in particular
non profit-making mutual insurance associations set up
by shipowners ( P&I clubs ), which deal with the
contractual and non-contractual public liability of vessels
and shipowners and which have acquired a major share of
the market, provide shipowners — under certain
circumstances and subject to certain conditions — with
insurance cover for sanctions and penalties imposed on
them for discharges at sea . Such policies also provide
cover for legal expenses . In no cases do they insure the
policyholder against the consequences of deliberate and
fraudulent violations he has committed .

The Commission cannot say how many insurers and P&I
clubs provide such cover .

According to the information available to the
Commission, nothing either in the Marpol Convention or
in international law generally, or in the national
legislation of the Member States of the Community,
prohibits this practice .

4 . Did Cogema take note of the Commission 's views ;

5 . Does the Commission not think that it should visit
UP3, as a matter of urgency, to verify the operation
and efficiency of the plant, pursuant to Article 35 of
the Euratom Treaty ?

6 . Does the Commission not think that UP3 should be

closed pending that inspection ?

7 . What steps does the Commission plan to take to

prevent fresh radioactive leaks at UP3 ?

8 . Does Community law offer scope for protecting the

health of the worker concerned and recognizing his
leukaemia as an occupational disease ?

9 . Other cases of leukaemia suffered by workers

employed by EDF sub-contractors in French nuclear
power stations, including Gravelines, have been
recognized as occupational diseases ; does the
Commission plan to carry out serious
epidemiological studies on persons working in the
radioactive area, temporary workers and workers
employed by subcontractors, and local populations
in the vicinity of nuclear plants ?

10 . Does the Commission regard it as normal that

The Commission is considering no action in this field in workers employed by subcontracting firms who have
the immediate future . no specific professional training should perform

work in the radioactive area ?

o OJNoL194, 19 . 7 . 1978 .

WRITTEN QUESTION No 1466 / 92
by Mrs Marguerite-Marie Dinguirard, Mr Virginio Bettini,

Mrs Hiltrud Breyer and Mr Paul Lannoye ( V )
to the Commission of the European Communities

( 16 June 1992 )

( 93 / C 65 / 33 )

Subject : Case of leukaemia at the reprocessing plant in La

Hague, France

During tests of the UP3 reprocessing plant, which is
designed to extract plutonium and return it to countries
with which contracts have been signed, at La Hague, near
Cherbourg, France, Daniel Patrix, a worker employed by
a Cogema subcontractor, was contaminated and has since
contracted leukaemia .

1 . Did Cogema comply with all the procedures laid

down in Articles 37, 41 and 43 of the Euratom
Treaty ?

2 . Did the Commission forward its views on the
commissioning of UP3, pursuant to Article 43 of the
Euratom Treaty ?

3 . On what technical aspects did the Commission give
its views, pursuant to Article 43 ?

Answer given by Mr Van Miert

on behalf of the Commission

( 26 October 1992 )

1 . The French authorities provided the Commission in
March 1989, in accordance with Article 37 of the
Euratom Treaty, with the general data concerning the
UP3 and UP28OO plants of the La Hague installation . The
Commission gave its opinion on these plans on 26 July

1989 .

In accordance with Articles 41 to 43 of the Euratom
Treaty Cogema communicated to the Commission, on 3
December 1981, a formal declaration relating to the
investment in question .

2 . In accordance with Article 43 the Commission
forwarded to Cogema and to the country involved, i.e.
France, its views on the investment project by letter of 14
February 1983 .

3 . In order to establish its views the Commission
discussed all the aspects of the investment project relating
to the objectives of the Euratom Treaty with the
undertaking .

4 . According to the information that the Commission
has the investment made by Cogema ties in with its
declaration .

No C 65 / 18 Official Journal of the European Communities 8 . 3 . 93

5 . Under Article 35 of the Euratom Treaty the
Commission may verify the operation and efficiency of
the facilities necessary to carry out continuous monitoring
of the level of radioactivity in the air, water and soil and
to ensure compliance with the basic standards .

The Commission also schedules visits to the La Hague

installation as part of its inspection programme .

6 . and 7 . The Commission has no reason to believe that
the UPJ should be closed . It is up to the French authorities
to decide what measures should be taken as regards the
running of the La Hague installations .

8 . Council Directive 80 / 836 / Euratom of 15 July 1980
amending the Directives laying down the basic safety
standards for the health protection of the general public
and workers against the dangers of ionizing radiation (')
establishes a system of health protection and provides in
particular for continuous monitoring of dosage and
regular surveillance of workers exposed to ionizing
radiation . The health of workers can be assessed on the
basis of the results of this monitoring and surveillance and
the causes of irregular irradiation can be determined .
French law ties in fully with these aims .

The diseases caused by ionizing radiation are explicitly
recognized by the Commission as occupational diseases in
its recommendation No 90 / 326 / EEC of 22 May 1990
concerning the adoption of a European schedule of
occupational diseases ( 2 ).

9 . The Radiation Protection Research Action of the
Nuclear Fission Safety Programme of DG XII of the
Commission is actively supporting serious
epidemiological studies of nuclear workers and of the
possible occurrence of clusters of cancer in the vicinity of
nuclear installations . These studies are ongoing and
results may only become available after some years .

10 . Under the Directive referred to in point 8 of this
answer every employer is obliged to inform and train
employees as regards the risks that their work presents to
their health and the precautions to be taken . This applies
equally to subcontractors sending their employees to an
installation using ionizing radiation .

To increase the health protection of such workers the

Council adopted, on 4 December 1990, Directive
90 / 641 / Euratom on the operational protection of outside
workers exposed to the risk of ionizing radiation during
their activities in controlled areas ( 3 ). The aim of this
Directive is to guarantee equivalent protection for these
workers to that of workers employed full time . To this
end, it lays down that the employer of an outside worker,
i.e. the subcontractor, must provide the information and
training referred to in the abovementioned Directive

80 / 836 / Euratom and that the operator of an installation
in which an outside worker is employed must guarantee
that the worker receives specific training in respect of the
particular features of both the controlled area where he is

working and the work itself . The Directive must be
incorporated into national law by 31 December 1993 .

(') OJ No L 265, 5 . 10 . 1984 .
O OJNoL 160, 26 . 6 . 1990 .
O OJ No L 349, 13 . 12 . 1990 .

WRITTEN QUESTION No 1515 / 92

by Mr José Mendes Bota ( LDR )
to the Commission of the European Communities

( 16 June 1992 )

( 93 / C 65 / 34 )

Subject : Status of Portuguese EEC officials attached to

delegations in developing countries

Portuguese EEC officials working for delegations in
developing countries are in a relatively unfavourable
position, in both quantitative and qualitative terms,
compared with officials of other Member States .

There is only one Portuguese delegate, who, in fact, was

already an EEC official, and a Belgian national, at the
time of Portuguese accession and became a naturalized
Portuguese citizen at that time .

The remaining Portuguese officials are employed at

surprisingly low grades for their number of years of
service, placing them at a disadvantage compared with
officials of other nationalities .

1 . When will the Commission appoint other Portuguese

officials to the post of delegate, so as to restore a fair
national mix ?

2 . When will it put right the professional situation of the

other Portuguese officials working for delegations in
the developing countries ?

Answer given by Mr Delors
on behalf of the Commission

( 30 November 1992 )

1 . Every official is assigned to a post in the interest of
the service and without regard to nationality ( Article 7 of
the Staff Regulations ). No posts may be reserved for
nationals of any specific Member State ( Article 27 ).

There can accordingly be no question of a
strictly-measured mix of the kind to which the
Honourable Member refers, even though the
Commission recruits on ' the broadest possible
geographical basis '.

8 . 3 . 93 Official Journal of the European Communities No C 65 / 19

2 . The Commission cannot accept the allegation that
there is discrimination against officials of any particular
nationality .

WRITTEN QUESTION No 1593 / 92
by Mr Jaak Vandemeulebroucke ( ARC )
to the Commission of the European Communities

( 16 June 1992 )

( 93 / C 65 / 35 )

Subject : Urban pilot project for Brussels

I understand that there is an urban pilot project for
Brussels ( 1990 ) which is concerned principally with
developments in high technology .

Can the Commission shed any further light on this
project ?

Answer given by Mr Millan
on behalf of the Commission

( 30 October 1992 )

The Brussels project is one of 21 urban pilot projects

cofinanced by the Commission since 1990 . One of the key
objectives is to test new approaches to urban problems
and issues and identify best practice which can be made
known to other interested cities .

As stated in the Commission 's information pack on the

urban pilot projects, which is being sent to the
Honourable Member and to the Secretariat-General of
the Parliament, the Commission 's priority is now to
evaluate the lessons emerging from the projects .

WRITTEN QUESTION No 1600 / 92

by Mr Horus Wijsenbeek ( LDR )
to the Commission of the European Communities

( 24 June 1992 )

( 93 / C 65 / 36 )

Subject : Proposal to merge the General Inspectorate of

the Netherlands Ministry of Agriculture and
Fisheries and the Customs Department of the
Ministry of Finance

1 . Will the Commission indicate how the Member
State authorities responsible for monitoring Community
policy are organized ?

2 . Does the Commission know what form of
cooperation and contact exists between the monitoring
authorities of the Community Member States ?

3 . Is the Commission aware thatthe Netherlands plan
to merge the customs monitoring authorities and the
General Inspectorate, and does the Commission consider
this to be an effective means of ensuring effective
monitoring at internal and external borders ?

4 . Is the Commission able to assume or influence
national competence to carry out such mergers ?

Answer given by Mrs Scrivener

on behalf of the Commission

( 29 October 1992 )

1 . The Commission has no detailed information on
how monitoring of the various Community policies by the
Member State authorities is organized .

It is mainly the national authorities which monitor the
application of Community legislation . The customs and
indirect taxation authorities of the Member States are
generally, but not exclusively, responsible for monitoring
trade in goods . In general, the task of monitoring the
movement of agricultural and fishery products is shared
between the customs services and the ministries
technically responsible . The share-out of this work may
vary from one Member State to another . The Commission
considers that this situation is justified by the principle of
subsidiarity since it is easier to carry out and determine
the target and frequency of such checks at local level .

2 . Relations between the monitoring authorities of the
Member States, particularly in the customs field, are very
close and are based on a statutory system of
administrative cooperation, in some cases supplemented
by more informal contacts . The Commission considers
that relations between the various authorities of a single
Member State fall within national competence .

3 . The Commission has no information about the
merger in question but the completion of the internal
market has given rise to administrative reorganization in
several Member States . It is left up to the Member States
to organize their services as best-suited to the country 's
specific circumstances .

4 . No . The organization of such monitoring is
primarily the responsibility of each Member State 's
national authorities, even if the completion of the internal

No C 65 / 20 Official Journal of the European Communities 8 . 3 . 93

market calls for certain improvements and measures to
achieve uniform management, particularly in order to
ensure that economic operators are treated on an equal
footing . The elimination of any customs intervention in
intra-Community trade increases the need for such
adaptation measures .

WRITTEN QUESTION No 1601 / 92

by Mr Alexandras Alavanos ( CG )
to the Commission of the European Communities

( 24 June 1992 )

( 93 / C 65 / 37 )

Subject : Drawing up a comprehensive study on measures

to halt the industrial decline and increase the
development potential of southern Ewia

Over the last two-and-a-half years, the province of Ewia
has been seriously affected by problems of industrial
decline . 5 000 of the 30 000 workers in the secondary
sector have lost their jobs and the total number of
unemployed now exceeds 11 000 . In the absence of fresh
investment, this industrial decline is depressing the
economy of the entire prefecture . For example, in Chalkis
( one hour from Athens ) more than 10 factories have been
closed down or are on the point of being closed down,
resulting in thousands of unemployed, while in northern
Ewia the number of unemployed is over 3 000 following
the closure of three undertakings .

In its resolution of October 1991 on areas of industrial
decline in Greece, including Ewia, the European
Parliament called on the Community to take measures to
reverse the decline in these regions .

A number of on-the-spot studies have shown that Ewia in
particular has major development potential . However, no
specialized studies and no proposals along these lines
have been forthcoming . On this basis, it is urgent to carry
out a study for the formulation of a single comprehensive
multiannual programme, including short-term ( two-year )
and medium-term ( five-year ) measures and actions .

What programmes will be launched by the Commission

and what studies will it carry out to counter the industrial
and economic decline of this prefecture ?

Answer given by Mrs Papandreou

on behalf of the Commission

(7 October 1992 )

The Greek authorities have already submitted an overall
technical assistance project to the Commission, providing,
amongst other things, for a special study concerning the
short-term development of human resources in the Ewia
region .

This project is likely to be approved by the Commission in
the near future .

The Commission might also give its consideration to the
idea of carrying out an overall study concerning the
medium - and long-term integrated development of Ewia .

To that end, the local authorities should submit a
concrete proposal setting out the terms of reference for
examination by the Monitoring Committee for the
Mainland Greece MOP ( MultiFund Operational
Programme ).

WRITTEN QUESTION No 1613 / 92
by Mr Diego de los Santos López ( ARC )
to the Commission of the European Communities

( 24 June 1992 )

( 93 / C 65 / 38 )

Subject : Job losses at border crossing points from
1 January 1993

The removal of intra-Community border controls from

1 January 1993 will have major implications for customs
officials and those employed by customs and forwarding
agencies .

Despite the Commission 's good intentions in response to
Members ' requests neither the Matthaeus nor the Interreg
initiative are able to satisfy the justified demands of these
victims of European integration .

The situation is particularly serious in less-developed

areas such as Andalucia, where it will mean the end of a
traditional activity stimulating trade and major services
( transport, freight, loading, agency services, forwarding,
etc .), which will inevitably move elsewhere when the
Community customs posts are introduced .

In Andalucia, centres in Huelva, Almeria, Malaga and
Seville almost entirely devoted to trade with the

8 . 3.93 Official Journal of the European Communities No C 65 / 21

Community ( for example Ayamonte ) will be seriously
affected . This will involve about 500 customs officials and

many customs agents .

Does the Commission not consider that measures to solve
this problem arising from the desired objective of
European integration should not be left exclusively to the
Member States ?

What steps will the Commission take to facilitate specific
programmes for all those affected to ensure that the
economies of the least-favoured areas of the Community
do not suffer further damage ?

What is there to prevent support measures being adopted

similar to those in other sectors designated as crisis
sectors by the Community ?

Answer given by Mrs Scrivener

on behalf of the Commission

( 14 October 1992 )

The measures referred to by the Honourable Member

relate to the way Member States manage their own
administrations and are a matter solely for them .

To the best of the Commission 's knowledge, most

Member States have already taken the steps they consider
necessary for restructuring their services and transferring
staff . A number of them are planning various types of
training to enable staff affected by these changes to cope
with their new duties . In some instances, support
measures have been approved or are in the offing for staff
whose new job requires them to relocate . Such measures
are generally taken in compliance with the statutory rules
covering these staff .

The Commission is, however, helping to prepare customs

agents for their future tasks under the single market . It
has set up the Matthaeus Programme, which provides for
exchanges between officials from different Member
States, and for joint training programmes . As stated in the
report to Parliament of 16 April, Matthaeus is enjoying

great success .

Customs officials

As the Commission has indicated on a number of

occasions, the Community, in accordance with the
principle of subsidiarity, cannot take over responsibility
for this area from the Member States and the profession
itself .

It is however prepared to make constructive contributions
of its own : on 6 May the Commission drew up a
three-point social support plan for the sector within the
guidelines set in the Parliament debate of 13 February .
The plan covers training ( under the European Social

Fund ), economic restructuring ( under the Interreg
initiative ) and specific support measures .

Under the ESF, schemes for those threatened with
unemployment in Objective 1, 2 and 5b regions can
already go ahead . Training schemes for redundant
employees in all other regions will be eligible for
Community co-financing from 1 January 1993 .

The Commission is now making moves under Interreg to
encourage Member States to submit restructuring and
conversion projects for the sector . It is up to the Member
States to draw up the priority projects they would like to
see implemented .

The Commission has proposed a new budget Ecu
30 million heading for 1993 to foster specific schemes
which complement projects not financed from the

structural funds . This is a one-off measure which should
help tackle the most pressing needs . The Commission will
submit the necessary Regulations to the Council and
Parliament by the end of July .

Over the next few weeks, the Commission will set
preliminary schemes in motion, thereby committing the

1992 funds earmarked by Parliament for the sector
( heading B. 34010 ).

WRITTEN QUESTION No 1651 / 92

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

(1 July 1992 )

( 93 / C 65 / 39 )

Subject : European food industry — female part-time

workers

1 . ( a ) How many female part-time, and migrant workers

are employed in the different sectors of the
European food industry broken down by Member
State ?

( b ) What estimates are available for projected
increases / decreases in employment in these
categories for those listed at 2 . over the next 10
years ?

2 . What estimates are available of the nature and extent
of vocational education and training for such workers in
each of the following sectors :

( a ) food manufacturing,

( b ) catering,

( c ) retail food,

( d ) agriculture,

( e ) distribution ?

No C 65 / 22 Official Journal of the European Communities 8 . 3 . 93

WRITTEN QUESTION No 1652 / 92

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

(1 July 1992 )

( 93 / C 65 / 40 )

Subject : European food industry training fund

Would the Commission be prepared to sympathetically
consider establishing a European food industry training
fund to facilitate public health and consumer confidence
in the food industry and which would ensure

1 . increased worker status,

2 . equal opportunities,

3 . second language support,

4 . functional numeracy and literacy skills,

5 . training for workers and managers to World Health

Organization standards ?

to ensure that good standards are put into practice, will
the EC Commission research to identify and disseminate
good practice, between Member States using innovative
approaches, in respect to food hygiene education and
training ?

WRITTEN QUESTION No 1655 / 92

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

(1 July 1992 )

( 93 / C 65 / 43 )

Subject : Food hygiene education in schools

Will the Commission recommend to Member States that

1 . educating school children in food hygiene and
personal health / hygiene practices becomes a priority
activity to be promoted by appropriate authorities and
educational agencies during 1993,

2 . at primary school and secondary levels, teaching of
WRITTEN QUESTION No 1653 / 92 various practices can and should be built into or

by Mr Llewellyn Smith ( S ) reinforced in units on health and science ?
to the Commission of the European Communities

(1 July 1992 )

( 93 / C 65 / 41 )

Subject : Food industry vocational education and training

strategy

What assistance is the Commission able to offer in
supporting the development of a strategy for education
and training, by utilizing the EC Budget guidelines for

1993, in the following sectors :

1 . food manufacturing,

2 . catering,

3 . retail food,

4 . agriculture,

5 . distribution ?

WRITTEN QUESTION No 1654 / 92

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

WRITTEN QUESTION No 1656 / 92

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

(1 July 1992 ) 

( 93 / C 65 / 44 )

Subject : Food hygiene and food safety education in

schools

Will the Commission support the establishment of a
European clearing house for sharing of information
between Member States on food hygiene and food safety
education programmes using innovative approaches ?

WRITTEN QUESTION No 1657 / 92

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

(1 July 1992 )

(1 July 1992 ) ( 93 / C 65 / 45 )

( 93 / C 65 / 42 )

Subject : Food hygiene education and training

Bearing in mind the increasing internationalization of
food hygiene standards and the need for effective action

Subject : Food hygiene and food safety vocational
education and training

Will the Commission support the establishment of a

European clearing house for sharing of information

8 . 3.93 Official Journal of the European Communities No C 65 / 23

between Member States on food hygiene and food safety
education programmes using innovative approaches ?

WRITTEN QUESTION No 1660 / 92

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

(1 July 1992 )

( 93 / C 65 / 48 )
WRITTEN QUESTION No 1658 / 92

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

(1 July 1992 )

( 93 / C 65 / 46 )

Subject : Food industry : EC Force / Flair programme
funding

Will the Commission provide details of projects funded
by Force / Flair including : aims, objectives, names of
partners involved, breakdown of sources of finance, and
evaluation of work completed, as and when these become
available during the lifetime of these programmes ?

Subject : Food hygiene : information, education and
training

1 . In respect of information, education and training for

( a ) primary and secondary schools,

( b ) food managers and workers,

( c) consumers,

what specific action will the Commission take, which

supports and supplements the policy pursued by the
Member States to protect the health, safety and economic
interests of consumers and to provide adequate
information to consumers ?

2 . In relation to the above what specific action has the
Community taken to date in respect of the above issues ?

WRITTEN QUESTION No 1659 / 92

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

(1 July 1992 )

( 93 / C 65 / 47 )

Subject : Food hygiene education and training of
inspection / control officers employed by
competent authorities

1 . Will the Commission describe the specific elements
of knowledge to be acquired and demonstrated by food
inspection / control officers within the EC ?

2 . Will the Commission describe the specific elements
of competency that inspection / control officers should be
able to demonstrate in their daily work ?

3 . Is it intended that ( 1 ) and ( 2 ) above be mandatory ? If
so, when ?

4 . How will HACCP principles be incorporated into
( 1 ) and ( 2 ) above ? If so, when ?

5 . How will the Commission ensure the
standardization of education and training ( a ) received by
( b ) provided by control / inspection officers ?

6 . Over what time scale will ( 5 ) above be achieved ?

7 . If it is considered that the Commission has little if
any role in any of the above matters, how does the
Commission square this with the increasing inter ­
nationalization of food hygiene standards ?

WRITTEN QUESTION No 1661 / 92

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

(1 July 1992 )

( 93 / C 65 / 49 )

Subject : Food hygiene : information, education and
training

Efficiency and quality within the food industry will
demand that note be taken of imperfections that will
constantly arise within a market driven system .

Consumer expectations will increasingly demand higher
standards . What incentives and support is the
Commission able to provide in supplementing the
activities of Member States seeking the achievement of
these expectations ?

WRITTEN QUESTION No 1662 / 92

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

(1 July 1992 )

( 93 / C 65 / 50 )

Subject : EC food hygiene, education and training
standards and practice

Given the variability of training standards and how these
standards are put into practice between Member States,

No C 65 / 24 Official Journal of the European Communities 8 . 3.93

what steps will the Commission take to review the nature

and extent of these problems with a view to supporting the
establishment of a clearing house for the exchange of
innovative approaches in achieving good standards of
food hygiene ?

WRITTEN QUESTION No 1663 / 92

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

(1 July 1992 )

( 93 / C 65 / 51 )

Subject : Contract compliance : good food hygiene
practice within the EC

Whereas financial incentives are not the only means

available for promoting and maintaining good food
hygiene practices, is the Commission prepared to support
the use of ' contract compliance ' as a means of facilitating
good food hygiene practice throughout the food chain,
from the farm to retail food shops ?

WRITTEN QUESTION No 1664 / 92

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

(1 July 1992 )

( 93 / C 65 / 52 )

Subject : EC financial support : European food safety and

food hygiene education and training strategy

What appropriate financial mechanisms and funds are

available to support on a 1 00 % basis or otherwise during

1993, 1994 and 1995 any of the proposals implied in
Written Questions Nos 1652 / 92 to 1666 / 92 ?

WRITTEN QUESTION No 1666 / 92

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

(1 July 1992 )

( 93 / C 65 / 53 )

Subject : Strategy for the promotion of intra-Community

trading and consumer confidence through EC
regulation of food hygiene training

The Commission has several strategy options for
increasing the numbers of trained food managers and
workers :

1 . announce a standard that entrepreneurs will achieve
by a certain point in time .

2 . a standard with a timetable for implementation which
can be varied, according to the responsiveness of
industry .

3 . announce :

( a ) minimum,

( b ) recommended and

( c ) high standards of training, providing for
progression along which food businesses can
move in response to customer expectations .

4 . or some combination of 3 ( a ), ( b ) and ( c ), but with a

10 — 15 year implementation timetable, backed up by a
mandatory requirement to train to agreed standards .

5 . agree industry decides its own training standards and
timescale through codes of practice, provided these
are consistent with specific vertical Directives .

If the Commission favours 5 ., why should an industry
comprising mainly small / medium-sized firms who are
normally the mainsource of food-borne illness spend
money on training unless they are compelled to do so ?

Given that the European Parliament 's Environment
Committee is now considering the food hygiene
Directive, would the Commission please make a statement
on the above as a matter of urgency ?

WRITTEN QUESTION No 1 667 / 92

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

(1 July 1992 )

( 93 / C 65 / 54 )

Subject : Food legislation, right access to EC information

1 . What right of access to information is available to

( a ) European Members of Parliament

( b ) citizens of Europe concerning :

— formulation and implementation of policy, legislation

and administrative decisions,

— information provided by Member States arising from

official control and foodstuffs Directives,

— Codex or other international bodies,

— specifically Codex food hygiene principles in the

context of Hazard Analysis and Critical Control
Points ( HACCP ),

8 . 3 . 93 Official Journal of the European Communities No C 65 / 25

— Food operations in other Member States that are in

breach of EC and / or Member States ' food safety
legislation,

— Documented HACCP information available to food

control inspectors during the course of their duties,
who are employed by the Commission of Mfimber

States ?

2 . How will the proposed EC ' Official Secrets Act '
affect any of the above matters ?

Joint answer to Written Questions
Nos 1651 / 92 to 1664 / 92, 1666 / 92 and 1667 / 92

given by Mrs Papandreou
on behalf of the Commission

(9 October 1992 )

1 . The Commission is already engaged in supporting
training activities in the food sector .

The activities launched by the Commission, with the
technical assistance of Cedefop, in compiling professional
profiles, and its work on comparability of qualifications,
will continue to be developed in all the industrial sectors,
including the food industry . In addition to the structural
funds the Commission will make use of the 1993 relevant
budget lines within this approach and in the context of the
various education and training programmes such as
Comett ( university-enterprise cooperation for training in
technologies ), Petra ( initial training ), Erasmus
( interuniversity cooperation ), Force ( continuing
vocational training ), Lingua ( education and training in
languages ), Flair ( food linked agro-industrial research )
and Eurotecnet ( adult training for new technologies ).

The areas listed in the Honourable Member 's question

are already covered by a good number of projects selected
in the framework of the abovementioned programmes .
Detailed data are being sent directly to the Honourable
Member and to the Secretariat General of the Parliament .

2 . As far as the wider issues of consumer information
and education raised by the Honourable Member are
concerned, some actions in favour of school-age
consumers launched by the Commission include
encouragement measures and financial assistance :

— to projects to better integrate consumer education as a

cross-curricular discipline in teacher training, and

— to a series of projects in the Members States, mainly

concerned with increasing awarenes of accident
prevention . In this context, the Commission has

prepared a ' Safety   - Pack ' in the nine languages for use
in schools and a brochure explaining, for the benefit
of parents, the recent Council Directive on toys .
Other publications of a more general nature have been
made available to the public .

As for consumers of all ages, the Commission is
recommending procedures to have consumer issues raised
in the media, especially on TV . It has also co-sponsored
the 1992 Santander Festival of films on consumer affairs
and the quality of life .

Within the framework of the Programme ' Europe Against
Cancer ' as well as the Council resolution concerning
health education in schools ( 89 / C3 / 01 ), many actions in
the field of training and education in food hygiene were
initiated by the Commission . For instance, the European
Summer School on Nutrition Education in the Health
Promoting School ( Sankelmark, Germany 17—23 August

1991 ) offered teacher trainers an opportunity to discuss
the various methods available to assist students to acquire
knowledge and skills in order to make healthy choices
about nutrition . Furthermore, the Commission promoted
pilot projects in schools aimed at changes in eating habits
and in particular to encourage the consumption of fruit
and fresh vegetables during break and meals .

Such actions will be continued in 1993 with the support of
the Commission because nutrition education and
consumer education are widely recognized as essential
aspects of health education in schools .

3 . The Commission is assisting in the setting up of a
small pilot network of information centres which will
assist consumers, particularly in the case of their
cross-frontier transactions .

The development of comparative testing of products on a
Community-wide basis to give consumers information in
order to make an informed choice, is another area in
which the Commission has acted in favour of consumers '

economic interests .

Additional information material describing the
Community 's consumer protection policy will be prepared
and distributed over the coming months as part of an
information campaign for consumers throughout the
Community .

In the food sector, the Commission intends, in the coming
months, to submit to the Council a proposal for a
Directive on the use of claims concerning foodstuffs . This
proposal aims to ensure, by means of better information,
that there is a higher level of protection, particularly at the
point of sale .

All the consumer information and education activities
undertaken by the Commission take into account the
principle of subsidiarity in that the actions serve to
complement or stimulate actions by other organizations at
national, regional or local level .

No C 65 / 26 Official Journal of the European Communities 8 . 3 . 93

4 . Community legislation already provides for the
educational level of certain professions such as the
medical and veterinary profession who may be
responsible for aspects of health control of food .

In the veterinary field, the responsibility for certain food
control tasks laid down by Community rules is supported
by exchange and training programmes for the officials
responsible for controls .

This applies also for food control officials in general,
whereby the present exchange programme of the
Commission, launched in 1988 for five years, has been
substantially expanded and is to be made permanent .

The proposal for a Council Directive on the subject of

additional measures concerning the official control of
foodstuffs requires Member States to ensure that the
competent authorities have a sufficient number of suitably
qualified and experienced staff .

The proposal for the horizontal food hygiene Directive

has a provision which obliges food business operators to
ensure that food handlers are instructed / trained
commensurate with their work activity .

Community provision also requires certain establishments
producting food of animal origin such as
slaughterhouses, to institute training programmes for
staff in order that workers may comply with conditions of
hygienic production which are required for the
production structure involved .

5 . Detailed statistical information on employment and
training as requested is not available at Community or
national level . A statistical survey on continuous
vocational training under preparation in the framework
of the Force programme may by 1994 help to improve
knowledge in the area .

WRITTEN QUESTION No 1702 / 92

by Mr Diego de los Santos López ( ARC )
to the Commission of the European Communities

(1 July 1992 )

( 93 / C 65 / 55 )

Subject : The strawberry sector in Andalusia

Following a number of successful years, the strawberry
sector, which is extremely important for the economies of
Huelva and Andalusia in general, is now facing a major
crisis . The inadequate production and marketing
structures and the lack of a processing industry mean that,
in adverse weather or marketing conditions ( in certain

cases caused by unfair conditions during the transitional
period ), there are practically no outlets in this sector .

In addition, the sector needs to prepare for the inevitable
liberalization of trade in farm products, by means of
structural improvement, diversification and
specialization .

The Commission has proposed a system of aid for
raspberries ( which are also ' soft fruit ') intended for
processing, thus also promoting sales of fresh fruit, in
order to relieve the equally serious crisis in this sector .

What is preventing the Commission from proposing a

similar system of aid for strawberries in order to diversify
sales outlets and encourage processing in thos<e areas
where the strawberries are actually grown ?

Can the Commission provide information on the origin,
quantities and conditions for importation into the
Community of strawberries from third countries ?

Does the Commission have information on strawberries
for processing in the Community ?

Answer given by Mr Mac Sharry

on behalf of the Commission

( 26 October 1992 )

The Commission is well aware of the problems of
competition faced by some soft fruit producers in the
Community and has already taken protective measures
with respect to imports of strawberries and raspberries,
primarily from eastern European countries . In order to
find long-term solutions to these problems, the
Commission has negotiated an import system as part of
association agreements with the third countries
concerned : The system links tariff concessions to
minimum import prices for most soft fruit intended for
processing or which is already semi-processed .

As part of more comprehensive measures in the small soft
fruit sector, the Commission has also submitted proposals
for Regulations to the Council . These proposals concern
raspberries intended for processing and prescribe specific
measures aimed at improving competition among
producers who, in some areas, are almost exclusively
dependent on sales to the processing industry and who
face the toughest competition from third countries . The
Commission believes that for other products, particularly
strawberries, most of the produce is intended for the fresh
market and any problems which arise are not caused by
imports from third countries, which are very limited, but
by market fluctuations mostly due to weather conditions
which affect production and consumption of that
product .

8 . 3.93 Official Journal of the European Communities No C 65 / 27

The Commission will send information on imports and on

the production of products intended for processing
directly to the Honourable Member and to the
Parliament 's Secretariat .

The position of Germany as regards the transitional
period until 1998 for load lengths totally conforms with
Community legislation as reflected in Article 4b of the
Directive .

As this Article was adopted in order to safeguard existing
rights on the basis of previous legislation it is logical that
vehicles that fall in the scope of these transitional

measures must meet all requirements of this previous
Community legislation .

WRITTEN QUESTION No 1709 / 92

by Mr Floras Wijsenbeek ( LDR ) o OJ No L 2, 3 . 1 . 1985 .
to the Commission of the European Communities

(1 July 1992 )

( 93 / C 65 / 56 )

Subject : Transitional Community measures on vehicle

dimensions

Is the Commission aware that since 1985, the German
authorities have considered loading platforms and
containers to be a permanent fixture of the vehicle rather
than part of the freight ?

Is the Commission also aware that the German authorities
take the view that during the Community transitional
period for vehicle dimensions up to 1998 vehicles with
swap platforms and containers may only be permitted if
they meet the requirements of the old legislation ?

This is a source of major problems for hauliers from other

Member States .

Is the Commission prepared to make representations to
the German Government to adopt a more flexible
approach until the end of 1998, to ensure unimpeded
access for freight transport ?

Answer given by Mr Van Miert

on behalf of the Commission

( 16 December 1 992 )

The Commission is aware of the fact that, in Germany,

swap bodies and containers are considered to be part of
the vehicle .

This is in accordance with Council Directive 8 5 /3 / EEC

of 19 December 1984 on the weights, dimensions and
certain other technical characteristics of certain road

vehicles (') where in Annex I, point 1.4 it is stated that

removable superstructures are included in the dimensions
as specified in that Directive .

Member States may still allow greater dimensions for
domestic traffic on their territory than those laid down in
the Directive but then these vehicles cannot circulate in

other Member States where the standards of the Directive
are strictly applied .

WRITTEN QUESTION No 1776 / 92

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

(2 July 1992 )

( 93 / C 65 / 57 )

Subject : Use of nuclear technology in space

Following the nuclear accidents at the Challenger and
Topaz nuclear reactors NASA " and the DOE signed the
Space Nuclear Power Agreement in July 1991, limiting US
liability in the event of a nuclear accident in space to
$7,3 billion for material and physical damages caused by
radioactive contamination to US nationals and
$100 million for the remainder of the world 's population .
At the beginning of January 1991 the US Government
withdrew its support for the UN draft directive on the use
of nuclear technology in space because the Defence
Department and NASA feared it might adversely affect
the ongoing ' Star Wars ' programme .

How does the Commission view this huge disparity in
potential compensation and the United Nations draft
directive ?

To what extent have the Governments of the Member

States given their support to this draft, and on what
clauses ? Is the decision to abandon it irreversible ?

Answer given by Mr Andriessen

on behalf of the Commission

( 24 November 1 992 )

The Commission is aware of the problems connected with
nuclear liability . It would, however, point out to the
Honourable Member that this matter is essentially the
responsibility of the Member States .

With regard to the first question, the Commission does
not comment on decisions taken by the authorities of a
non-member country .

No C 65 / 28 Official Journal of the European Communities 8 . 3.93

In answer to the second question, the Commission, which
participates as an observer in the work carried out at the
UN, can provide the following information : the draft
directive on the use of nuclear technology in outer space
was unanimously adopted by the UN Committee on the
Peaceful Uses of Outer Space . The draft directive is to be
presented for adoption at the 47th session of the UN
General Assembly this autumn .

2 . Is it true that the EC is Canada 's second largest
export market for timber products ?

3 . What view does the Commission take of Canadian
forest management in view of :

— the impending climatic disaster and international

endeavours to protect the world 's climate,

— the protection of species and biotopes,

— the conservation of genetic resources,

— the sustainability of forest production, and

WRITTEN QUESTION No 1797 / 92 — the land rights of the Indian tribes ?

by Mr Miguel Arias Cañete ( PPE )
to the Commission of the European Communities

(5 July 1992 )

( 93 / C 65 / 58 )

Subject : Payments to Spain from the 1991 Community

budget

What was Spain 's contribution to the 1991 Community
budget and can the Commission give an itemized
breakdown of payments to Spain from that budget ?

Answer given by Mr Schmidhuber

on behalf of the Commission

( 13 November 1992 )

In order not to provide material for discussions about ' fair
returns ' the Commission would prefer not to supply
itemized breakdowns which could be used to calculate
Member States ' net positions in either cash or budget

terms .

The payments made by Spain and by the other Member

States to the 1991 Community budget appear in the 1991
revenue and expenditure account .

WRITTEN QUESTION JSfo 1803 / 92

by Mr Dieter Rogalla ( S )
to the Commission of the European Communities

(6 July 1992 )

( 93 / C 65 / 59 )

Subject : Forest management in Canada

1 . Is it true that the FAO has already criticized Canada
on several occasions for mismanaging its forests ? If so,
when and where ?

4 . What view does the Commission take of the land
rights of the Indian tribes in British Columbia, in view of
the European Parliament 's resolution on 1992 — the year
of indigenous peoples — and quincentenary celebrations
( B3-334 / 92 )?

5 . What view does the Commission take of the land
rights of the indigenous peoples of Canada in view of
Article 1 of the UN International Covenant on Civil and
Political Rights, and Article 1 of the UN International
Covenant on Economic, Social and Cultural Rights ?

6 . Does the Commission agree that Canadian forestry
methods, which display great similarities with the much
criticized management of tropical forests, are drastically
reducing the credibility of appeals by the industrialized
nations to the tropical countries for the protection of
forests ?

7 . In the Commission 's view, what conclusions should
be drawn from Canada 's policy in this respect ?

8 . What view does the Commission take of the
possibility of bringing pressure to bear for improvement
of currently unsatisfactory forest management, by
imposing restrictions on imports of Canadian timber,
cellulose and paper ?

9 . Have measures been discussed to influence
Canadian forestry policy, or are such measures being
discussed ? If so, what is the specific nature of the
measures under discussion ?

Answer given by Mr Andriessen

on behalf of the Commission

( 17 December 1 992 )

1 . The Commission has no knowledge of criticism by
the FAO regarding Canadian forest management .

2 . The Community takes some 14 % of Canadian forest
products exports, second to the US which purchases 68 %
of those exports .

8 . 3 . 93 Official Journal of the European Communities No C 65 / 29

3 . The Commission notes that Canada devotes
considerable resources and effort to improved forest
management both at home and internationally . Canadian
commitment to sustainable management is reflected in the
recently revised Canadian Forest Strategy and in
Canada 's Forest Accord, which was ratified by all
interested parties including industry, environmental
organizations and Ministers .

4.5 . The Commission notes that the Canadian

Government acknowledged that its policy regarding
aboriginal peoples required improvement . In the Native
Agenda, outlined by the Prime Minister in September

1990, the broad directions for change included a fair and
speedy settlement of land claims . In April 1991, a ' fairer
and faster claim process ' was announced by the Prime
Minister . Since the Native Agenda was adopted, some
20 specific claims have been settled .

6.7.8 . The Commission does not agree with the
assessment of Canadian forestry methods outlined in this
question .

9 . Canada is in fact one of the most active countries in
seeking international cooperation on forests . The
Commission and Canadian officials cooperated in efforts
to have adopted the Unced International Forest
Convention . The two sides will continue to discuss

improved forest management at all appropriate occasions,
and in particular during their annual discussions on the
environment .

WRITTEN QUESTION No 1825 / 92

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

Answer given by Mr Matutes

on behalf of the Commission

( 17 December 1 992 )

As the Honourable Member is aware, Community
development policy takes account of respect for, and the
free exercise of, human rights in non-member countries,
and seeks to strengthen and support democratic systems .
With these aims in view, therefore, the Commission
decided to support the holding of a conference on the still
fragile democratization process in the Southern Cone .

Budget heading B7-5078 ( Subsidies to support the
democratization process in Latin America ) allows the
Commission to provide financial support for operations
aimed at consolidating the democratization process . This
heading was the basis for the Commission 's support for
the organization of the conference in question .

The conference brought together people from all walks of

life : trade unionists, churchmen, businessmen and
parliamentarians from right across the political spectrum .
It brought to light the social and economic sticking-points
as well as the achievements registered during the recent
democratization process in the Southern Cone . The
conference also saw a debate on the attitudes of the
Community and the United States towards this region of
the world .

The conference was organized by the Christian Democrat
International ; the Commission provided Ecu 196 000
from the budget heading mentioned earlier, covering 60 %
of the overall cost of the project .

WRITTEN QUESTION No 1871 / 92

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

( 23 July 1992 )

(6 July 1992 ) ( 93 / C 65 / 61 )
( 93 / C 65 / 60 )

Subject : Report on low strength whisky

Subject : EC sponsoring of a conference in Chile

In March 1992 a Conference on democratization in South
America was organized by Christian Democratic
International in Santiago de Chile . The conference is
reported to have been sponsored by the Commission .

Can the Commission confirm this ?

If so, under what budget heading is the Christian
Democratic International entitled to appropriations ?

What amount was involved ?

I understand the Commission has requested and received
a report on low strength whisky but has failed to make the
contents public . When will the Commission be making the
report public, what are the causes of the delay and what
are the main conclusions of the report ?

Answer given by Mr Mac Sharry

on behalf of the Commission

( 30 October 1992 )

Council Regulation ( EEC ) No 1576 / 89 (') laying general
rules on the definition, description and presentation of

No C 65 / 30 Official Journal of the European Communities 8 . 3.93

spirit drinks rules that the Council will review the
minimum alcoholic strength of Whisky / Whiskey on the
basis of a market study by the Commission .

The Commission has indeed received a study on the
whisky market carried out on its request by a privat
consulting company . This study has been Examined in the
Commission 's technical units concerned, and the
Commission is in the process of submitting a report and
its position regarding this issue to the Council and
Parliament .

O OTNoL 160, 12 . 6 . 1989 .

WRITTEN QUESTION No 1873 / 92

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

( 23 July 1992 )

( 93 / C 65 / 62 )

Subject : Pensions

Will the Commission explain whether Member States '
retirement or old age pensions are paid to nationals who
live abroad outside the EC ?

Can the Commission give what details it can about the
countries in which such pensions are and are not paid and
say whether, if paid, they are paid in full or at a reduced
rate ?

Answer given by Mrs Papandreou

on behalf of the Commission

( 20 October 1992 )               

This question is basically one of national not EC law .

Under EC law, principally Regulation ( EEC )
No 1408 / 71, Member States ' social security systems are
coordinated with the purpose that employed ind
self-employed persons do not lose benefit rights because
they move from one Member State to another . The
Regulation covers, in general terms, nationals of a
Member State resident in a Member State . Members of
their families and survivjors also have certain protection .
The Regulation provides that old age benefits should not
be reduced, modified, suspended, withdrawn or

confiscated by reason of the fact that the recipient is
resident in a Member State other than that paying the
benefit . Furthermore, revalorization provisions in the
legislation of a Member State shckild apply to these
benefits . The Regulation does not, however, apply to
nationals resident outside the Community .

Subject to ratification of the agreement creating a
European Economic Area which was signed on 2 May

1992, from the date of coming into force of the agreement
in 1993 the same provisions as those in Regulation ( EEC )
No 1408 / 71 will apply in relation to payment of benefits
to EC nationals resident in EFTA countries . Moreover,
the Community has negotiated agreements with Turkey
and the Maghreb countries which provide for payment of
benefits to persons resident there, subject to
implementation . The Community has also concluded
similar agreements with certain other non-EC countries in
eastern Europe .

In addition, individual Member States have bilateral
agreements with non-EC Member States . These are,
however, a matter of national not Community law and the
Commission does not have detailed information about
their provisions .

WRITTEN QUESTION No 1881 / 92

by Mr Nino Pisoni ( PPE )
to the Commission of the European Communities

( 23 July 1992 )

( 93 / C 65 / 63 )

Subject : Operations of the agricultural export refund

system, in particular for cereals

What view does the Commission take of the observations
by the Court of Auditors on the operation of export
refunds in the cereals sector ?

More particularly, what steps will it take to deal with the
problem that this aid is paid out to only a very limited
number of large groups in the agri-foodstuffs sector ?

Is the Commission aware that multinational corporations
in this sector frequently receive export refunds ?

Does the Commission not consider that funding
earmarked for Community farmers under the EAGGF

8 . 3 . 93 Official Journal of the European Communities No C 65 / 31

Guarantee Section should indeed reach the farmers for

whom it is intended ?

Answer given by Mr Mac Sharry

on behalf of the Commission

( 30 October 1992 )

The agricultural export refund system is laid down in
Article 16 of Council Regulation ( EEC ) No 2727 / 75 (')

enabling cereals produced in the Community to be
exported . These refunds are fixed in accordance with
general rules laid down in Council Regulation ( EEC )
No 2746 / 75 ('), account being taken of the price of
cereals and cereal-based products on the Community
market and the corresponding prices on the world market .
They must cover the difference in price . The refund is the
same for the whole Community and is fixed by the
Cereals Management Committee in consultation with
delegates from Member States .

There are three types of export refund :

— Standard refunds

— Refunds fixed by a tendering procedure and

— Minimum sales price of intervention cereals, fixed by

tender and combined with standard refunds .

Standard refunds are fixed and may be varied according
to destination . All producers in the Community are
entitled to this refund which is open .

Invitations to tender for minimum sales prices of
intervention cereals intended for export and for export
refunds on the open market are issued in accordance with
the rules for the tendering procedure, published in the

Official Journal of the European Communities and all
producers should therefore be informed .

Tenders submitted by producers reach the Management

Committee at the Commission via Member States without
mention of the names of the applicants . The names of the
beneficiaries are not released when a contract is awarded .

It is clear that the system, as laid down in the Council
\ Regulation, may favour large corporation because they

are in a better financial position and can therefore make
better offers and take greater risks . The Commission must
apply the current Regulation and award contracts to the
highest bidder .

In any case, the EAGGF funds intended for cereal exports
are used to support agricultural activity and to help

farmers, as exports increase demand on the Community
market thereby enabling prices to be maintained .

O OJ No L 281, 1 . 11 . 1975 .

WRITTEN QUESTION No 1894 / 92

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

( 23 July 1992 )

( 93 / C 65 / 64 )

Subject : Measures to protect children

According to the Greek national social security office

30% of child deaths in Greece are caused by accidents .
Has the Commission taken steps to draw up minimum
quantitative and qualitative child protection measures and
corresponding requirements to be met by welfare
organizations and the Member States concerning children
throughout the Community .

Answer given by Mrs Papandreou

on behalf of the Commission

( 21 October 1992 )

The Honourable Member does not specify the nature of
the accidents suffered by young people in Greece .
However, the Commission recently produced a proposal
for a Directive, transmitted to the Council in January

1992, on the protection, particularly from industrial
accidents, of under - 18s at work (').

In particular, the proposal imposes an age limit for access
to work ( 15 years ) ( with certain exceptions ) and limits on
the duration of work . It also lays down technical health
protection and safety standards ( information, evaluation
and health surveillance ), bans the exposure of young
people to dangerous agents and procedures, and includes
an Article 13 on protection from occupational accidents
and diseases, which stipulates that ' Member States shall
adopt the necessary measures to ensure that young
persons are adequately protected in respect of
occupational accident and disease . Young persons must be
insured against such risks in accordance with the laws,
regulations and administrative provisions in force in the
Member States '.

O OJ No C 84, 4 . 4 . 1992 .

No C 65 / 32 Official Journal of the European Communities 8 . 3 . 93

WRITTEN QUESTION No 1966 / 92

by Mr André Sainjon ( S )
to the Commission of the European Communities

( 1 September 1 992 )

( 93 / C 65 / 65 )

Subject : Future of the Association Agreement signed with

Czechoslovakia and the Phare programme

On 19 June 1992 Mr Vaclac Klaus and his Slovak
counterpart, Mr Vladimir Meciar, announced that they
had reached an agreement on the partition of
Czechoslovakia . The Visegrad triangle is about to enter a
new era of political turmoil .

Slovakia, which is located between Hungary, Poland, the
Czech Republic and the Ukraine, will have to choose
between full association with the Community — with all
the consequences this implies — or mere cooperation .

The Treaty of Association concluded with
Czechoslavakia was the most significant of those signed
last December, insofar as borders would be immediately
opened to certain important product categories
( electronics, pharmaceutical products, motor vehicles,
etc .).

Does the Commission intend to renegotiate the Treaty of
Association with a separate Czech Republic, which is the

economically more advanced of the two partners ? Does it
consider that Slovakia is now capable of withstanding the
economic contraints imposed by the signature of an
association agreement ?

Czechoslovakia was set to receive Ecu 44 million as part
of the Phare programme for 1991 — 1992, including 19
million for the privatization and restructuring of public
undertakings . Are detailed studies being undertaken to
establish exactly how these funds will now be divided
between the new States ?

Answer given by Mr Andriessen

on behalf of the Commission

( 20 November 1 992 )

Czechoslovakia is adopting a new political structure with
its two constituent republics splitting up but maintaining
as yet undecided forms of cooperation . The Commission
does not intend to interfere with the wishes of the two
people and in view of their history is confident that the
country 's transformation will be carried out peacefully
and in line with the political and . economic guidelines
followed since the Velvet revolution '.

Both the Community and the Czech and Slovak peoples
have a vested interest in maintaining Continuity in their
relations . As soon as the two new republics come into
official existence and create new links with each other the
Community will have to establish relations with both . It

should be possible to implement the Europe Agreement
once the necessary arrangements have been remodelled to
take account of the new constitutional situation .

Ecu 100 million has been earmarked this year under the
Phare indicative programme for Community assistance to
Czechoslovakia . Some projects, such as that supporting
business privatization and restructuring, are already
broken down by republic while some of those designed
for the whole of the CSFR could by their nature continue
to be administered as joint projects . This will have to be
examined case by case with the new authorities once the
two republics come into being and the arrangements for
future cooperation between them are finalized .

WRITTEN QUESTION No 2019 / 92

by Mr Dieter Rogalla ( S )
to the Commission of the European Communities

( 1 September 1 992 )

( 93 / C 65 / 66 )

Subject : Turnover tax on commercial gambling machines

1 . Does the Commission consider it compatible with
the objective of the Sixth EC Directive, i.e. the
harmonization of turnover tax, for the German
Government, unlike most other Member States, to impose
value added tax, not only on the takings of commercial
gaming machines, but also on all winnings, whether paid
out or replayed .

2 . Is it compatible with the principle of free
competition for :

( a ) gambling machines in casinos in the individual

Lander of the Federal Republic of Germany to be
exempt from turnover tax and subject to a casino levy
while other commercial gambling machines are
subject to turnover tax,

( b ) for casino levies to relate only to the takings,

independently of the size of winnings, while turnover
tax on commercial gambling machines relates to both
takings and winnings ?

Answer given by Mr Scrivener

on behalf of the Commission

( 28 October 1992 )

1 . In accordance with the sixth VAT Directive, the
taxable amount for transactions involving the operation

8 . 3.93 Official Journal of the European Communities No C 65 / 33

of gambling machines, where those transactions are not
exempt from VAT under Article 13 ( B ) ( f ) of the
Directive, is the total amount actually staked by the
player, including winnings restaked without being
previously paid out .

2 . ( a ) If a Member State takes the view that the

operation of gambling machines does not qualify
for the exemption under Article 13 ( b ) ( f ) and
subjects it to VAT, the Commission considers that
the VAT applicable must be the same, irrespective
of where the machines are installed .

This is because the VAT system can be only a
general system and may not be replaced by a
specific tax according to where the machine is
installed .

Compliance with these principles avoids the
distortions of competition referred to by the
Honourable Member .

( b ) Where a specific tax is allowed, either in place of

VAT or in addition to it, the criteria for taxation

are laid down by the Member States provided they
comply with Article 33 of the sixth VAT Directive .

Answer given by Mr Van Miert

on behalf of the Commission

( 10 December 1 992 )

The Commission is aware that difficulties exist in the
transport of bicycles on trains, but does not possess
specific information .

In an effort to remedy this situation, the Commission
( Directorate General for Transport ) has commissioned a
study by the European Cyclists Federation on the subject
of transporting bicycles on trains . It has now received a
draft report of this study .

Following an analysis of the study, the Commission will
decide what further action, if any, is appropriate, bearing
in mind the principle of subsidiarity .

The Honourable Member is also referred to the
Commission 's reply to Written Question No 1411 / 92 of
Mr Brok (').

O OJN0C6, 11 . 1 . 1993 .

WRITTEN QUESTION No 2038 / 92

by Mr Lode Van Outrive ( S )
to the Commission of the European Communities

WRITTEN QUESTION No 2026 / 92 to

by Mr Dieter Rogalla ( S ) ( 9 September 1 992 )

by Mr Dieter Rogalla ( S )
to the Commission of the European Communities

( 93 / C 65 / 68 )

(1 September 1992 )

( 93 / C 65 / 67 ) Subject : Application of the Commission 's social action

Subject : The transport of bicycles on trains, coaches and

other forms of public transport

1 . Is it true that the provisions on cross-border
cooperation between railways within the EC do not
include measures to facilitate the transport of passengers '
bicycles ?

2 . When did the Commission start to harmonize these
provisions and what success has it achieved ?

3 . Is it true that this is a customs union problem, since
bicycles are merchandise and should therefore be able to
be transported without difficulty within the Community,
particularly since the Commission has always maintained
that customs union was achieved as early as 1 January

1970 ?

4 . Can the Commission provide information forthwith
on the outcome of its meetings with the Member States on
measures to facilitate the cross-border transport of
passengers ' bicycles, particularly by train, so that the
author can reply to those of his constituents who have
raised queries on the matter ?

programme on implementation of the
Community Charter of Fundamental Social
Rights for Workers

What is the definition of the terms ' unemployed ' or
' seeking employment ' as used in the statistics on
unemployment in each of the Member States of the
Community ? In other words, which unemployed persons
are included in statistics on unemployment in the Member
States and which categories of unemployed persons and
persons seeking employment are not included in such
statistics ?

Answer given by Mr Christophersen

on behalf of the Commission

( 22 October 1992 )

The Commission uses the definition of unemployment

adopted by the International Labour Organization at the
Thirteenth International Conference of Labour

Statisticians, held in Geneva in 1982 . Under this
definition, the ' unemployed ' are those persons above a
given age ( 14 years old ) who, during the reference period
( one week ), were :

No C 65 / 34 Official Journal of the European Communities 8 . 3 . 93

— without work ;

— available for work ;

— actively seeking work, i.e. they had within the previous

four weeks taken steps to find a job ( e.g. registered
with an employment office, applied for a job, placed

an advertisement or replied to one, taken steps to set
up a business ).

In the Member States, unemployment is generally defined
as ' the number of persons registered at employment
offices '. The great variety of national social protection
and unemployment insurance schemes prevents a
country-by-country comparison of these statistics . A
detailed description of the national series was published in

1987 under the title ' Definition of Registered
Unemployed ' ( Eurostat Theme 3, Series E ).

A shortened version is also given on page 9 of the monthly
bulletin ' Unemployment ' ( Eurostat Theme 3, Series B ).

It should also be noted that, in a number of countries, the
definition of unemployment used by the media or during
wage negotiations may differ from the general definition

given above, viz . ' the number of persons registered at
employment offices '.

WRITTEN QUESTION No 2055 / 92

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

( 1 September 1 992 )

2 . " What criteria will be used for the allocation of

structural fund appropriations to the various
Objective 1 regions and how will they by linked to the
implementation of the European Transport
Programme ?

3 . How will the Commission report to the European

Parliament on the utilization of the Cohesion Fund ?

Answer given by Mr Christophersen

on behalf of the Commission

(3 November 1992 )

In its Preliminary Draft Council Regulation establishing
the Cohesion Fund ('), the Commission :

— proposes to provide support for ' transport
infrastructure projects which contribute to the
achievement of the objectives of Article 129b of the
Treaty, including projects resulting from the
guidelines adopted pursuant to Article 129c of the
Treaty ';

— proposes that ' in order to facilitate the planning of

assistance in the Member States concerned, the
Commission shall establish on the basis of an

indicative allocation of the total resources of the Fund
the committment appropriations for each Member
State . The indicative allocation shall take account of

social, economic and other relevant factors such as
population, GNP per head and surface area ';

— proposes to present an annual report on the activities

of the Fund to the European Parliament .

( 93 / C 65 / 69 ) O COM(92 ) 339 final .

Subject : Investments for transport infrastructure from the

new Cohesion Fund

The new Cohesion Fund, which was decided on in
Maastricht, is intended to provide fresh investment for
transport infrastructure in the poorest areas of the
Community . At the same time, in its Green Paper on the
environmental impact of transport, the Commission has
come out in favour of an operational strategy geared to
' sustainable mobility '.

The inclusion of environmental protection provisions

( cost-benefit analyses and environmental impact
assessment ) in the drawing up of all policies is a
fundamental principle of Community legislation .

In view of this :

1 . Has the Commission considered drawing up a master

plan making transport investment through the new
Cohesion Fund subject to compliance with the
sustainable mobility objective, as set out in the Green
Paper ?

WRITTEN QUESTION No 2065 / 92

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

(1 September 1992 )

( 93 / C 65 / 70 )

Subject : Single Market problems for thermoplastic
storage vessels

What is the view of the European Commission on the fact
that, on completion of the CEN standard for
thermoplastic storage vessels, a Member State, i.e.
Germany, will still not accept vessels built to this
pan-European standard unless the manufacturing
company is also approved by the German TUV inspection
authority ?

8.3.93 Official Journal of the European Communities No C 65 / 35

Given that such an arrangement is not reciprocal, would
the Commission not agree that this situation closes the
German market to other Member States ?

Answer given by Mr Bangemann

on behalf of the Commission

( 16 December 1 992 )

At present, a CEN ( European ) standard is contemplated
for thermoplastic storage vessels, but it is unlikely that it
will be adopted prior to 1994 .

Assuming that this standard is adopted, the members of

CEN ( the national standards bodies of all Member States
and of the EFTA countries ) will be obliged to incorporate
it into their national standards, and to withdraw any
conflicting national standards .

Compliance with a European standard does not of itself
ensure the acceptance of a product within the
Community . It is only in the context of technical
harmonization Directives where compliance with specific
European standards provides a presumption of
conformity, or under the applicable provisions of the
public procurement Directives, that national, authorities
must accept products complying with these standards . In
other situations, national authorities may require that
products meet certain requirements, subject however to
Articles 30 etseq . of the EEC Treaty .

Whether the cited German requirement for approval by
the TUV inspection authority would contravene
Articles 30 — 36 EEC depends on whether it is a necessary
measure to ensure safety on the German market .

The Commission is of the opinion that it would not be
justified for the German authorities to insist on TUV
inspection if adequate inspection can be demonstrated to
have taken place in another Member State . The Court of
Justice has stated on a number of occasions that Member

States ' are not entitled unnecessarily to require technical
or chemical analyses or laboratory tests where those
analyses and tests have already been carried out in
another Member State and their results are available to
those authorities, or may at their request be placed at their
disposal .' See ' Biologische Producten ' ( Case 272 / 80,
( 1981 ) ECR . 3277, 3291 ) and ' Type Approval for
Woodworking Machines ' ( Case 188 / 84, ( 1986 ) ECR .
419, 439 ). In addition, in ' Type Approval for
Woodworking Machines ', the Court states that ' where

( products ) are imported from another Member State, the
national supervisory authorities must always consider
whether the effective protection of the ( legitimate interest
sought ) requires them to carry out an additional
inspection .'

In order to ensure that the equivalence of national testing,
certification and inspection systems can be assessed by all
concerned, the Commission has sponsored the
establishment of the European Organization for Testing
and Certification ( EOTC ). The Commission would hope
that the TUV inspection authority will soon enter into a
mutual recognition arrangement with the equivalent

competent bodies in this field in other countries under the
auspices of EOTC and, in any event, before the proposed
CEN standard comes into operation .

WRITTEN QUESTION No 2072 / 92

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

( 1 September 1 992 )

( 93 / C 65 / 71 )

Subject : Disbanding of the Cotton Organization and the

National Tobacco Organization in Greece

According to a recent release issued by the Greek
Ministry of Industry, Energy and Technology, the
Denationalization Committee has decided to abolish
these special bodies set up in the cotton and tobacco
sectors and to transfer their responsibilities and staff to
the locally-based services of the Ministry of Agriculture .
The decision to disband the Cotton Organization and the

National Tobacco Organization has been taken despite
the fact that the CAP reform package insists that
modernization can only go ahead if these special bodies
pursue a given policy . Does the Commission intend to ask
the Greek Government not to dismantle this irreplaceable
mechanism for promoting production of these two
products, namely the Cotton and Tobacco
Organizations ?

Answer given by Mr Mac Sharry

on behalf of the Commission

( 26 October 1992 )

Under the common agricultural policy and with particular
regard to the common organization of agricultural
markets, only Member States may designate the
authorities responsible for implementing the measures
financed by the EAGGF .

Council Regulation ( EEC ) No 719 / 70 O requires
Member States to communicate to the Commission
details of the bodies approved by them and to provide
information on how they operate . This Regulation gives
the Community the right to inspect the activities of these
bodies and their payment offices ; this right to inspect is
exercised in close collaboration with the Member State in
charge of these bodies .

To date the Commission has not received any official

communication regarding the abolition of these special
control bodies or the transfer of responsibilities to other
national bodies . Should the need arise, it will not fail to
check that all new national provisions laid down by law,

No C 65 / 36 Official Journal of the European Communities 8.3.93

regulation or administrative action comply with
Community Regulations for the tobacco and cotton
sectors and fulfil the responsibilities assigned to Greece .

Furthermore, the new Regulation regarding the
Community organization of the tobacco sector requires
Greece to establish a special agency responsible for
carrying out inspections to ensure compliance with
Community Regulations on tobacco .

o OJ No L 94, 28 . 4 . 1970 .

WRITTEN QUESTION No 2118 / 92

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

( 1 September 1 992 )

— from 1985 to 1988 : Ecu 347 million for water supply

infrastructures, including Ecu 256 million for dams
and reservoirs alone ;

— CSF for 1989 — 1993 ( Objective 1 ): Ecu 653 million

for priority 5-1 ( water ), which have been completely
committed .

For its part, the European Investment Bank has provided
Spain with some Ecu 450 million, through both individual
and global loans, for capital investment projects that
contribute to the development and management of water
resources in Spain .

WRITTEN QUESTION No 2135 / 92

by Mr Wilfried Telkamper ( V )
to the Commission of the European Communities

( 93 / C 65 / 72 )
(1 September 1992 )

( 93 / C 65 / 73 )
Subject : Community participation in Spain 's National

Water Plan

Subject : Environmental taxes

The implementation of the National Water Plan, which
will cost Ptas 2 billion and be introducted gradually by the
year 2010, is intended to alleviate Spain 's continuing
shortage of water .

The importance of the plan is reflected in the fact that its
implementation is the aim of a national agreement on
which . there is general political consensus, as everyone
knows that Spain cannot afford to lose a single drop of
water at present when only 40 000 of the 100 000 cubic
hectometres of water which fall from the sky each year are

put to use .

Given the importance of Spain 's National Water Plan, can
the Commission say whether it is prepared to help carry
out the plan and to what extent it intends, during the
forthcoming discussions, to say what its views are,
particularly as regards the plan 's financing, for which
non-budgetary measures have been proposed ?

Answer given by Mr Millan
on behalf of the Commission

( 23 November 1992 )

The Commission is aware that a shortage of water can

hold back regional development and is willing to
part-finance any project or programme to improve the
situation in this respect by means of its various financial
instruments and in compliance with the rules and
procedures governing them .

The Commission wishes to point out that as regards water

resources, Community assistance to Spain from the
European Regional Development Fund amounts at
present to Ecu 1 000 million, broken down as follows :

In its Dublin Declaration of 26 June 1990, the Council
called for environmental taxes :

' Standards designed to ensure a high level of
environmental protection will remain the cornerstone
of Community environment policy . But traditional
' command and control ' approach should now be
supplemented, where appropriate, by economic and
fiscal measures if environmental considerations are to
be fully integrated into other policy areas, if pollution
is to be prevented at source, and if the polluter is to
pay .'

What action has been taken since June 1990 to implement
this requirement ?

Answer given by Mrs Snvener

on behalf of the Commission

( 15 October 1992 )

Following the conclusions of the European Council in
Dublin in June 1990, the Council ( energy and
environment ) gave an undertaking at its meeting on 29
October 1990 that by the year 2000 the Community
would stabilize its CO2 emissions at 1990 levels .

In response to this commitment, the Commission sent the
Council on 14 October 1991 a communication on the
Community strategy for achieving the objective of
stabilization ('). The strategy has, in particular as regards
means, an energy component and a tax component . So far
as the tax component is concerned, in order to comply
with the conclusions reached by the Council at its

meetings on 1 3 December 1991 ( energy and environment )

8 . 3.93 Official Journal of the European Communities No C 65 / 37

and on 16 December 1991 ( economic and financial
affairs ), the Commission adopted on 27 May 1992 a
proposal for a Directive ( 2 ) providing for the introduction
of a specific tax on CO2 emissions and energy and of tax
incentives to encourage investment in energy saving or
reductions in CO2 emissions .

Through its effect on prices, the tax is intended to change
consumer behaviour, leading to more efficient use of
energy and the substitution of energy sources .

The tax will be designed and introduced at Community
level, but the arrangements for charging and collecting it
will be left to the Member States, with the receipts
accruing to them . However, the Member States will have
to apply the principle of tax neutrality, i.e. they will have
to avoid an increase in the overall tax burden through
reductions in other charges or through tax incentives .

The tax applies to all forms of fossil energy ( gas, oil, coal
and derivatives ) and to the electricity generated by large
hydroelectric installations and nuclear power stations .

Renewable sources of energy and sources used as
industrial feedstock are excluded .

The tax will be phased in gradually, its rate moving from
the equivalent of US $ 3 a barrel of oil on 1 January 1993
to US $ 10 in the year 2000 . Nevertheless, Member States
will be free to apply higher rates . Half the tax will be
levied on the carbon content of the energy source and half
on the energy content .

The proposal also includes measures to safeguard the
competitiveness of Community industries .

In particular, Article 1 1 provides that firms may deduct
from the CO2 tax payable by them the amount they have
invested in energy-saving and C02-reduction measures .

O SEC(91 ) 1744 final of 14 October 1991 .
O COM(92 ) 226 final .

WRITTEN QUESTION No 2136 / 92

by Mr Wilfried Telkamper ( V )
to the Commission of the European Communities

( 26 September 1992 )

( 93 / C 65 / 74 )

disadvantaged by an EC Decision . ( It is necessary to be
affected in order to bring an action .) Only in various
exceptional cases it is possible for detriment to the
environment to be the subject of an action . This weakens
the environment 's status in law, despite Article 130r — t of
the EEC Treaty .

1 . How does the Commission view the introduction of a
right for recognized environmental associations to
bring an action at EC level, as is already the case in
many Member States ?

2 . Are any moves being made to give environmental

associations such a right ?

Answer given by Mr Delors
on behalf of the Commission

( 18 November 1 992 )

1 . The Honourable Member is aware that Articles 173,
175 and 178 of the EEC Treaty enable individuals, and if
applicable, associations such as environmental protection
associations, to institute proceedings before the Court of
Justice against a decision addressed to them or against a

decision addressed to another person if it is of direct and
individual concern to them, to complain that an
institution has failed to address to them any act other than
a recommendation or an opinion, or, in the case of
non-contractual liability to obtain damages caused by its
institutions or its servants . Apart from the powers granted
the Court by the Treaty, any disputes relating to the
application of Community law, including those to which
the Community is party, may be brought before national

courts .

In addition, the Commission considers that most disputes
to which environmental associations could be party are
better dealt with by national courts rather than the Court
of Justice .

2 . Point 9 of the Community programme of policy and
action in relation to the environment and sustainable
development (') recently presented by the Commission to
the Council ., states the following : ' individuals and public
interest grot\ps must have practicable access to the courts
in order to ensure that their legitimate interests are
protected and that prescribed environmental measures are
effectively enforced and illegal practices stopped '.

The Commission departments are currently studying the
question of access to the courts for associations for the
protection of the environment in the context of national
legal systems . The Commission will report to the Council
informed on its findings .

Subject : Group actions by environmental associations O COM(92 ) 23 final .

At EC level, firms or States may bring an action before
the European Court of Justice if they fear being

No C 65 / 38 Official Journal of the European Communities 8 . 3 . 93

WRITTEN QUESTION No 2138 / 92

by Mr Karl von Wogau ( PPE )
to the Commission of the European Communities

( 1 September 1 992 )

WRITTEN QUESTION No 2140 / 92

by Mr Rinaldo Bontempi ( GUE )
to the Commission of the European Communities

( 1 September 1 992 )

( 93 / C 65 / 75 ) ( 93 / C 65 / 76 )

Subject : Imports of cast iron from Poland,
Czechoslovakia and Hungary

1 . Is the Commission aware that Poland,
Czechoslovakia and Hungary, countries associated with
the EEC, are currently submitting tenders in the foundry
sector which undercut the already low prices of German
foundries by up to 50 per cent putting the German
foundry industry, with approximately 1 000 companies
and 130 000 employees, at serious risk ?

2 . What action does the Commission propose to take
and is it prepared to implement the measures listed in the
interim treaties ?

Answer given by Mr Andriessen

on behalf of the Commission

( 15 December 1 992 )

The Commission is fully aware of the structural crisis
facing foundries in the Community . It has been following
for some time now the industry 's endeavours to adapt its
capacity .

The interim agreement between the Community and

Poland, Czechoslovakia and Hungary should give these
countries the opportunity, within the framework of free
movement of goods, to reduce their own production
capacity and to adjust to the requirements of the
Community .

As was explained to us on a number of occasions by
Community foundry representatives, the industries of the
above countries have used the agreement to make offers
exerting further pressure on price levels of foundry
products manufactured in the Community .

This not only jeopardized endeavours to adjust capacity,
but also threatened the existence of many foundries,
particularly those in Germany .

This is why the Commission is currently investigating
ways of encouraging fair competition in these countries
within the framework of the interim agreement . It is also

at present examining the effects of these imports in
conjunction with the association representing European
foundries .

Furthermore the Commission will address this issue at
forthcoming meetings with the above countries in the
context of the interim agreements .

Subject : Abolition of the ' Interrail ' ticket

In view of reports that the Commission has decided to
abolish the ' Interrail ' ticket, which enables young people
under 26 to travel all over the Community rail network ;

in view of Commissioner Van Miert 's denial, and the
subsequent admission by the Belgian SNCB that the
railway companies had found, on their own initiative, that
the Interrail formula ' constitutes a distortion of the rules
of free competition ';

if, as it appears, the Commission has no part in this
matter, what action will it take to ensure that the scheme
is not abolished, since it is an important instrument in the
development of a People 's Europe, enabling young people
from the Community to get to know different aspects of
European culture and become acquainted with each
other ?

WRITTEN QUESTION No 2440 / 92

by Mr Ben Fayot ( S )
to the Commission of the European Communities

(8 October 1992 )

( 93 / C 65 / 77 )

Subject : Withdrawal of railway companies from the

Interrail scheme

Is the Commission aware of the threat to the Interrail
scheme, under which young people can purchase cheap
tickets and thereby get to know Europe better ?

One of the main points in the Directive on the
development of the railways adopted by the Council in
June 1991 concerned the commercial autonomy of railway

companies, and it is therefore obvious that certain
companies are seeking to protect their commercial
interests by abolishing cheap fares for young people .

Does the Commission believe that it might be possible to
release additional Community funds to compensate
railway companies for loss of revenue and thus preserve
the Interrail scheme ?

8 . 3 . 93 Official Journal of the European Communities No C 65 / 39

WRITTEN QUESTION No 2632 / 92

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

( 27 October 1992 )

WRITTEN QUESTION No 2189 / 92

by Mr Hemmo Muntingh ( S )
to the Commission of the European Communities

(1 September 1992 )

( 93 / C 65 / 78 ) ( 93 / C 65 / 79 )

Subject : Interrail ticket

According to press reports, Interrail tickets purchased by

about 360 000 young people are no longer available or
recognized in France, Italy, Spain and Portugal .

Is this true ? What view does the Commission take of this ?

Does it not consider that, as a result, young people are
being deprived of opportunities to become more closely
acquainted with Europe and its various cultures, regions
and nations ?

What steps does the Commission envisage to ensure that

Interrail tickets are accepted in the above Member States ?

Joint answer to Written Questions
Nos 2140 / 92, 2440 / 92 and 2632 / 92

given by Mr Van Miert
on behalf of the Commission

( 22 December 1992 )

At the meeting of the International Railway Union ( UIC )
Passenger Commission in April of this year, some
railways participating in the Interrail scheme had
announced their intention to withdraw from the
agreement from 1993 onwards .

However, at the UIC Executive Committee meeting held
in Warsaw on 1 October 1992, the Directors-General of
the railways decided to maintain the scheme and to
develop it into a system better suited to the expectations
and travel patterns of young people in Europe . The
Executive Committee has decided provisionally to keep
the existing Interrail formula for 1993 in order to have
some breathing space to devise a more flexible scheme .

The introduction and withdrawal of railway tickets such

as ' Interrail ' is part of the management independence of
the railway companies . Therefore the Commission cannot
intervene in this field of activity .

However, the Commission would regret a decision of the
railway companies to no longer offer Interrail or a similar
scheme because it considers the ' Interrail ' ticket as good
publicity for an environment-friendly mode of transport
and an excellent means for young people to get to know
Europe .

The Commission also refers the Honourable Member to
the answer given to Oral Question H - 8 75 / 92 by Mrs
Roenn (').

(') Debates of the European Parliament, No 3-421 ( September

1992 ).

Subject : European Environment Agency

There is still no decision on the European Environment
Agency .

The Committee on the Environment asked the European

Parliament 's Legal Service to look into the question of
whether the Parliament could take the Council to the

Court of Justice for failure to act . The Legal Service
believes that the Parliament could not do this successfully,
but that the Commission could .

Is the Commission prepared to take the Council to the
Court of Justice for failure to take a decision on the seat
of the European Environment Agency ?

Answer given by Mr Delors
on behalf of the Commission

( 24 November 1992 )

The Commission agrees with the Honourable Member
that the Council 's continuing failure to decide on the
headquarters of the European Environment Agency is
highly regrettable .

Article 21 of Regulation ( EEC ) No 1210 / 90 (') provides
that the Regulation will enter into force after ' the
competent authorities have decided the seat of the
Agency ', but sets no deadline for that decision .

It is therefore by no means obvious that an action against
the Council for failure to act would be successful .

0 ) OJNoL 120, 11 . 5 . 1990 .

WRITTEN QUESTION No 2200 / 92

by Mrs María Izquierdo Rojo ( S )
to the Commission of the European Communities

( 1 September 1 992 )

( 93 / C 65 / 80 )

Subject : Community projects and initiatives for the

benefit of Mediterranean non-member countries

What projects and initiatives were financed by the
Community during the 1990 / 91 financial year for the
benefit of Mediterranean non-member countries ?

No C 65 / 40 Official Journal of the European Communities 8 . 3 . 93

Answer given by Mr Matutes

on behalf of the Commission

( 9 November 1 992 )

The following projects and operations were financed in

the 12 months November 1990 to November 1991 in the
context of financial protocols concluded with MNCs :

— Technical and financial support for the eighth
economic and social development plan ( Tunisia );

— Credit line for small and medium-sized industries

( Egypt );

— Ground water investigation ( Jordan );

— Support for scientific research ( Morocco );

— Sectoral development of the Ras Mohamed National

Park ( Egypt );

— Mobilization of water resources in Kasserine

Governorate ( Tunisia );

— Programme of medical research ( Morocco );

— Support for the modernization of working methods in

the Ministry of Finance ( Morocco );

— Strengthening of relations with the EC in the fields of

education and the economy ( Malta );

— Scientific and technical cooperation ( Jordan );

— Upgrading of standards, methodology, technical
examinations and quality promotion measures
( Malta );

— Emergency action centre to combat pollution by oil

and natural gas at the mouth of the Gulf of Aqaba
( Egypt );

— Water and soil conservation ( Tunisia );

— Support for the development of artisanal fishing in

central and western Algeria ;

— Structural adjustment support programme ( Tunisia );

— Various training projects ( Morocco );

— Fisheries and industry business week ( Morocco );

— Risk capital operations ( Algeria, Egypt, Jordan,
Tunisia and Morocco );

— Various small studies, technical assistance, etc . ( all

countries ).

WRITTEN QUESTION No 2226 / 92

by Mr Florus Wijsenbeek ( LDR )
to the Commission of the European Communities

( 4 October 1 992 )

( 93 / C 65 / 81 )

Subject : Harmonization of dimensions and weight of

goods vehicles

Does the Commission not consider that reducing the
maximum permissible weight and dimensions of heavy

goods vehicles for transport, as proposed in its ' working
document No VII / 384 / 89-EN ( Rev. 2 ) will increase the
number of journeys, which will have an unfavourable
impact on the environment as a result of increased
pollutant emissions and on traffic safety, by increasing the
number of road accidents ?

If so, does the Commission not consider that in
harmonizing the dimensions and weight of heavy goods
vehicles efforts should be made to maximize the efficiency
of road transport ?

If so, does the Commission not consider that it would be
better to increase the maximum dimensions to the
following :

— semi-trailer : 16,5 m in length

— lorry / trailer combination 19,0 m in length

— width 2,6 m

— height 4,2 m

accompanied by an increase in weight, instead of
decreasing them ?

Is the Commission willing to draw up or commission an
environmental impact assessment of the unfavourable
consequences of reducing the maximum permissible
weights and dimensions of heavy goods vehicles in the
Member States ?

Answer given by Mr Van Miert

on behalf of the Commission

( 18 November 1992 )

The working document to which the Honourable
Member refers concerns a first proposal to bring the
standards for weights and dimensions in domestic
transport in line with the standards for international
transport, which were finally agreed after many years of
discussion .

It is obvious that such a harmonization is needed, as after
the creation of the internal market, differences between
these standards would create distortions of competition
and great difficulties for enforcement by the authorities .

For those Member States that use less restrictive
standards for national transport than for international
transport, this harmonization may indeed mean in certain
cases that the number of trips increases . However, it is
very difficult to assess this effect next to the increase of
efficiency that may result from the international
competition .

Certainly, in cases where these effects outweigh the
positive effects of harmonization, a pragmatic solution
must be taken into consideration .

The standards such as proposed by the Honourable
Member are certainly not acceptable to the majority of
Member States, whose general opinion is well reflected in
the international standards .

8 . 3.93 Official Journal of the European Communities No C 65 / 41

Making the maximum authorized weights the subject of Community rules on environmental protection and site
an environmental impact assessment would focus the utilization .
attention only on one aspect of this issue . The other
aspects such as road safety and infrastructure costs play a The project in question, which, according to the
role of equal importance . Such an integral assessment of applicable national and Community legislation, did not
all aspects was made in the Commission communication necessitate an environmental impact study, has been
Integrated Concept on Commercial Vehicle authorized by the Greek authorities . Community
Dimensions ( l ) which was used as a basic discussion financing has therefore been approved on this basis .
document during the decision-making process on
international standards .

The project in question, which, according to the
applicable national and Community legislation, did not
necessitate an environmental impact study, has been
authorized by the Greek authorities . Community
financing has therefore been approved on this basis .

o OJ No L 376, 31 . 12 . 1986 .

O COM(90 ) 186 .

WRITTEN QUESTION No 2242 / 92

by Mr Sérgio Ribeiro ( CG )
WRITTEN QUESTION No 2234 / 92

by Mr Jan Bertens ( LDR ) to the Commission of the European Communities

to the Commission of the European Communities ( 1 September 1 992 )

( 93 / C 65 / 83 )
( 1 September 1 992 )

( 93 / C 65 / 82 )

Subject : Floating fish farm in Vourvouros Bay

Is the Commission providing funding for a floating fish
farm project in Vourvouros Bay near Aghios Nicolaos in
Greece ?

Has the Commission taken account of complaints by the
local residents and the Aghios Nicolaos municipal
authorities and the fears they have expressed concerning
the future of tourism in this area ? Does the Commission
consider this fear to be justified ?

Has an environmental impact assessment of the project
been carried out ? If so, what were its conclusions ?

Have other locations for the project been considered
which would result in less damage to the unique natural
environment of the area in question ? If so, why has a less
vulnerable site not been chosen for the project ?

Subject : Arrests and torture in Spain

Recent reports in the Spanish press have raised serious
concern with regard to the respect of human rights .

The arrest in Catalonia of about 30 people, 7 of whom
were subsequently released on bail and 5 unconditionally
has unleashed a storm of protest across the political
spectrum . It appears that the arrests were ' not, strictly
speaking, legally justified but were politically motivated ',
that ' the principle of medical secrecy was infringed ',
newspaper offices were raided without any authorization
or warrant, ' requests for legal assistance were denied ' and
people were arrested simply for their separatist views, to
which they were perfectly entitled ( The President of the
Catalan Autonomous Government ). Moreover, during
their detention the prisoners were tortured, as testified by
Dr Oriol Marti in a press conference, where he said that
' Torture is practised in - Spain and it is necessary to say so
out loud '. Dr Marti, a member of the PCC leadership, was
one of the five prisoners released unconditionally having
been subjected to prolonged and brutal interrogation .

In view of the human rights issued involved, has the
Commission adopted a position or does it intend to ?
Answer given by Mr Marin
on behalf of the Commission

( 30 November 1992 )

Under Regulation ( EEC ) No 4028 / 86 (') in 1991 the
Commission financed an agriculture project at Agios
Nikolaos compatible with the objectives of the common
fisheries policy and of the multiannual guidance
programme for aquaculture ( 1987 — 1991 ), presented by
Greece and adopted by the Commission on 1 1 December

1987 .

It devolves upon the Member States to assess whether
aquaculture projects accord with national and

Answer given by Mr Delors
on behalf of the Commission

( 30 October 1992 )

The matter raised by the Honourable Member does not
fall within the competence of the Community .

As a matter of interest, however, the Commission would
point out that Spain is a party to the European
Convention on Human Rights and the European and

No C 65 / 42 Official Journal of the European Communities 8 . 3 . 93

United Nations Conventions against torture and other
rural, inhuman or degrading treatment or punishment .

WRITTEN QUESTION No 2256 / 92

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

(1 September 1992 )

( 93 / C 65 / 84 )

the protection of animals during transport . However, the
Commission recently created the Office on veterinary and
phytosanitary inspection, which will assure proper
enforcement of Community legislation, including that
relating to transport of animals .

WRITTEN QUESTION No 2263 / 92

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

(1 September 1992 )

Subject : The transport of animals ( 93 / C 65 / 85 )

According to a report by the Netherlands Association for

the Protection of Animals, infringements of EC rules on
the transport of live cattle ( Agrarisch Dagblad, 1 1 July

1992 ) are taking place on a large scale . Random checks on
trucks between the Netherlands border and southern Italy
showed that none of the drivers were respecting the rule
that animals should not be kept for longer than 24 hours
without food and water . In two cases, the maximum load
was greatly exceeded and one cattle truck had been on the
road for seven months without having undergone the
compulsory inspection .

1 . On the basis of checks carried out by its own

veterinary experts and the annual reports by the
competent supervisory authorities of the Member
States, does the Commission consider that the various
Member States are adequately monitoring compliance
with the regulation on the protection of animals
during transport ?

2 . Can the Commission say whether and to what extent
the annual reports and the reports drawn up by its own
veterinary experts indicate that the relevant EC
Regulation is being properly complied with ?

Answer given by Mr Mac Sharry

on behalf of the Commission

( 10 November 1992 )

1 . The Member States are not obliged to make reports
to the Commission about inspections on the application
of the rules concerning the protection of animals during
transport . Until now, due to insufficient staff, the
Commission has been unable to conduct inspections in
this field . It has only reacted to specific complaints .

2 . Because of what is indicated under 1, the
Commission is therefore unable to comment on the way in
which Member States are applying Community rules on

Subject : Through sleeper trains

Does the Commission take the view that through sleeper
trains from the European mainland run contrary to EC
competition law or has there been a review of this
reported assessment ? If there has been a change in policy,
can the Commission please explain the current position ?

Answer given by Sir Leon Brittan

on behalf of the Commission

( 9 December 1 992 )

The Commission supports the benefits that the operation
of competitive night train services between Great Britain
and several cities on the Continent could have for the
consumer . The Commission considers in particular that
they could provide an attractive alternative for business
travellers who normally travel by air .

Nevertheless, the Commission considers that the setting
up of a joint venture between all of the Railways
concerned in the proposal could restrict competition on
the routes concerned .

Consequently the Commission explained to the Railways
that an exemption from the EC 's rules governing
restrictive agreements between companies could be
granted if they were willing to make all the necessary
services such as traction and maintenance available, on the
basis of a non-discriminatory price, to any competitor
wishing to offer a competing service .

The Commission expects that, following the extensive
contacts it has had with the parties, the joint venture will
be formally notified soon and that it will be able to give its
approval on this basis, after having given third parties the
opportunity to comment, in accordance with the relevant
Regulation .