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^ ^ ^ / * / * • - *fl "T" _A_ ISSN 0378-6986
# Oiticial Journal C26i

_C_ 1 T - / ^  -  - Volume 34
### or the European Communities zo^mi

#### English edition Information and Notices

Notice No Contents Page

I _Information_

European Parliament

_Written Questions with answer_

91/C 261/01 No 1184/90 by Mrs Caroline Jackson to the Commission

Subject: The Review of Veterinary Medicines 1

91 / C 261 /02 No 1779/90 by Mr Paul Staes to the Commission
Subject: Violation of the Ramsar Convention (Supplementary answer) 1

91/C 261/03 No 2134/90 by Mr Gijs de Vries to the Commission

Subject: Competition policy in the agricultural sector 2

91/C 261/04 No 2485/90 by Mrs Anita Pollack to the Commission

Subject: South Africa 3

91/C 261/05 No 2695/90 by Mr Jean-Pierre Raffarin to the Commission

Subject: PERIFRA Programme 3

91 / C 261 /06 No 2724/90 by Mr Gerhard Schmid to the Commission
Subject: Refunds for exports of meat to the USSR 3

91/C 261/07 No 2777/90 by Mr Mihail Papayannakis to the Commission
Subject: Illegal building on the islet of Louros 3

91/C 261/08 No 22/91 by Mr Jean-Pierre Raffarin to the Commission

Subject: Action against the sex industry 4

91/C 261/09 No 55/91 by Mr Madron Seligman to the Commission

Subject: Zoos directive 5

91/C 261/10 No 255/91 by Mrs Johanna-Christina Grund to the Commission
Subject: Tax relief in Germany for diesel-engined vehicles emitting less than 0,08 gr/km
particulates 5

1 (Continued overleaf)

Notice No Contents (continued) Page

91/C 261/11 No 278/91 by Mr Jacques Vernier to the Commission
Subject: Cases of fraud involving 'postal costs' 6

91/C 261/12 No 409/91 by Sir James Scott-Hopkins to the Commission

Subject: Research to prevent heart disease 6

91/C 261/13 No 423/91 by Mrs Nel van Dijk and Mr Herman Verbeek to the Commission
Subject: Distortion of the European waste paper market by imports of American and Japanese
waste paper and the subsequent threat to the Netherlands infrastructure for recycling waste
paper '

91/C 261/14 No 473/91 by Mr Gianfranco Amendola to the Commission
Subject: Batteries available on the market and their environmental impact 8

91/C 261/15 No 497/91 by Mrs Hiltrud Breyer to the Commission

Subject: Community legislation on novel foods 8

91/C261/16 No 501 /91 by Mr Sotiris Kostopoulos to the Commission
Subject: Measures to promote the development of tourism on the island of Paxos 9

91/C 261/17 No 527/91 by Mr Kenneth Collins to the Commission
Subject: Implementation of environmental impact assessment directive in the United Kingdom . 9

91/C 261/18 No 529/91 by Mrs Caroline Jackson to the Commission

Subject: Irrigation projects in Spain 10

91/C 261/19 No 539/91 by Mr Bouke Beumer to the Commission
Subject: Greenpeace report on international trade in wastes 10

91/C 261/20 No 549/91 by Mr Virginio Bettini and Mr Enrico Falqui to the Commission
Subject: Construction of a bridge over the Strait of Messina (Italy) 11

91 /C 261 _12_ 1 No 591 /91 by Mr Virginio Bettini and Mr Enrico Falqui to the Commission
Subject: Construction of the bridge over the Straits of Messina 12

91/C 261/22 No 615/91 by Mr Jose Valverde Lopez to the Commission
Subject: Spanish projects approved and completed within the DRIVE programme 12

91/C 261/23 No 638/91 by Mr Eolo Parodi to the Commission
Subject: Council Directive 75/422/EEC — national legislation, Italy 13

91 / C 261 /24 No 641 /91 by Mr Reimer Boge to the Commission
Subject: Fisheries policy 13

91/C 261/25 No 680/91 by Mrs Anita Pollack to the Commission
Subject: Overfishing off Canada 14

91 / C 261 /26 No 710/91 by Mr Eugenio Melandri to the Commission

Subject: Financial protocol with Syria 14

91 / C 261 /27 No 737/91 by Mr Gerard Monnier-Besombes to the Commission
Subject: Application of Directive 79/409/EEC: Special protection area for the booted eagle
(Hieraetus pennatus) 15

Notice No Contents (continued)

91/C 261/28 No 738/91 by Mr Gerard Monnier-Besombes to the Commission
Subject: Application of Directive 79/409/EEC: Special protection area for the Montagu's
harrier (Circus pygargus)                   - 15

91 / C 261 /29 ' No 739/91 by Mr Gerard Monnier-Besombes to the Commission
Subject: Application of Directive 79/409/EEC: Special protection area for the dotterel
(Charadrius morinellus)                  - 5

Joint answer to Written Questions Nos 737/91, 738/91 and 739/91 15

91/C 261/30 No 759/91 by Mr Juan Bandres Molet to the Commission
Subject: Firing range in the Bardenas Reales 15

91/C 261/31 No 765/91 by Mr Paul Lannoye to the Commission
Subject: Annexes to the proposed habitats directive 16

91/C261/32 No 793/91 by Mr Jacques Vernier to the Commission
Subject: Community food aid for the Republic of Armenia 16

91/C 261/33 No 832/91 by Mr Carlos Robles Piquer to the Commission
Subject: Protection of nature in the Sierra Nevada (Spain) 17

91/C 261/34 No 835/91 by Mr Carlos Robles Piquer to the Commission
Subject: Cooperation with the Eurimages Fund 17

91/C 261/35 No 852/91 by Mr Ben Visser to the Commission
Subject: Delays for lorries at the Polish-German frontier 18

91/C 261/36 No 870/91 by Mr Sergio Ribeiro to the Commission
Subject: Levying of taxation on Community incentives 18

91/C261/37 No 873/91 by Mrjose Torres Couto to the Commission

Subject: Automobile prices "• 1"

91/C 261/38 No 916/91 by Mr Carlos Robles Piquer to the Commission

Subject: Control of published scientific results 1"

91/C261/39 No 921/91 by Mrs Cristiana Muscardini to the Commission

Subject: Petrol prices 1"

91/C 261/40 No 941/91 by Mr David Martin to the Commission
Subject: Verification of the decision of the Member States meeting within the Council to
suspend imports of iron and steel from the Republic of South Africa 20

91/C 261/41 No 943/91 by Mr Kenneth Collins to the Commission

Subject: Environmental problems associated with large cooling towers 20

91 / C 261 /42 No 972/91 by Mr Luigi Moretti to the Commission
Subject: Delays by the Italian authorities in implementing Community rules in respect of
registration with the Italian vehicle licensing authorities of vehicles imported from Community
Member States ^                  

91/C 261/43 No 987/91 by Mr Louis Lauga to the Commission
Subject: Feasibility study for intensive alligator breeding 21

(Continued overleaf)

Notice No Contentst^continued^ r ^

91BC2olB^^ NolOeoB^lbyMrCianfrancoAmendolatotheCommission

Subject: Implementation in the Member States of the Er^sresolution on abolishing the use of
animals in weapons testing 22

91BC2olB^ Nol012B91byMrsAnitaFollacktotheCommission

Subject: Ose of animal testingfor cosmetics 22

91BC2olB^o Noll02B91byMr]ohnMcCartintotheCommission

Subject: Compensatory allowances in less favoured areas in Ireland 23

91BC2olB^ Noll^^B^l by Mrs RaymondelOuryto the Commission

Subject: Community participation inat^^ plan against natural disasters 23

91BC2olB^ Nol22^B91byMrMiquelAriasCanetetotheCommission

Subject: wishing activity in Eall^land Island waters ... 23

91BC2DlB^ Nol231B91byMrCerardofernandez-AlbortotheCommission
Subject:Communitycoordinationof thepublicationanddistributionof leafletsconcerning
rural tourism 2^

91BC2olB^0 Nol33^B91byMrBernardAntonytotheCommission

Subject: Mfting sanctions against SouthAfrica 2^

91BC2olB^l Nol90^B91byMrValeryCiscardd^Lstain^totheConncil

Subject: Economic and monetaryunion 2^

91BC2olB^2 Nol913B91byMr]ean-ClaudeMartineztotheCouncil

Subject: Economic and monetaryunion 2^

jointans^erto written questions Nosl90^B91andl913B91 2^

7. 10. 91 Official Journal of the European Communities No C 261/1

###### I

_(Information)_

##### EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION No 1184/90

by Mrs Caroline Jackson (ED)

to the Commission of the European Communities

_(14 May 1990)_

(91/C261/01)

_Subject:_ The Review of Veterinary Medicines

Under Articles 4 and 52 of Directive 81/851 /EEC O

Member States have until 1991 to review the

authorizations of veterinary medicines granted before the
Directive in question came into force, so that by the above
date all authorizations for such medicines will be in

accordance with the provisions of the Directive. Member
States are also required to report annually on the progress
made with this review.

Will the Commission

1. publish, for each Member State, the total number of
veterinary medicinal products which had to be
reviewed under this Directive, the number to date
which have been reviewed and remain on the market,

the number to date which have been reviewed and are

no longer on the market and the number which remain
to be reviewed;

2. state what steps it takes to ensure that the review is
conducted to consistent standards by each Member
State;

3. state whether it has been necessary to ask any Member
State to reconsider the standards it operates for this
review of veterinary medicinal products?

(') OJNoL317,6. 11. 1981,p. 1.

Answer given by Mr Bangemann
on behalf of the Commission

_(6 September 1990)_

1. It is impossible to provide the information in the
form requested by the Honourable Member. The
experience acquired during the review of old veterinary

medicines shows that large numbers of veterinary
medicinal products are being withdrawn spontaneously
from the market, in advance of the review. For example,
in the case of Spain where, as a newer Member State, the
review is at present relatively less advanced, the
authorities estimate that although there are currently
some 12 500 authorized veterinary medicinal products,
only about 1 500 will actually need to be reviewed.
Moreover the different way in which the review is being
conducted by Member States makes it impossible to
provide meaningful comparative statistics.

2. At the request of the Commission, the Committee
for Veterinary Medicinal Products has agreed to
undertake a sample survey of the effects of the review on
the conditions of authorization of certain widely used
antimicrobial compounds. In the light of the experience
aquired, consideration will be given to a more
wide-ranging survey.

In addition, arrangements have been made within the
CVMP to encourage an exchange of information between
Member States about decisions taken during the review.

It is also possible for companies to approach the
Commission directly to discuss cases where conflicting
decisions have been reached as a result of the review.

However, no such approaches have been made.

3. No.

WRITTEN QUESTION No 1779/90

by Mr Paul Staes (V)

to the Commission of the European Communities

_(12 July 1990)_

(91/C 261/02)

_Subject:_ Violation of the Ramsar Convention

Along the right bank of the Scheldt lie strips of shore
which are of great importance for migratory birds and

No C 261/2 Official Journal of the European Communities 7. 10. 91

are, for this reason, included in the lists of areas protected
under the Ramsar Convention.

A few years ago, an initial assault was carried out against
these areas through the building of a container port in the
'Galgeschoor' as part of the extension of the port of
Antwerp.

A second assault is now being prepared on the same
stretch of shore, protected under the Ramsar Convention,
in the form of a second container terminal on the Scheldt

in the 'Groot Buitenschoor' area.

Is the Commission prepared to help to ensure that the
Ramsar Convention does not become a dead letter in the

EC, for example by preventing this second Antwerp
(European City of Culture in 1993) assault?

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

_(19 June 1991)_

As a supplement to its answer given on 20 September
1990 ('), the Commission is now able to inform the
Honourable Member of the results of its investigations.

With regard to the specific problem of the plans for the
'Groot Buitenschoor' region, the Commission has been
informed by the competent authorities that the regional
Flemish nature conservation department has not been
given any official information regarding the construction
of a container terminal on the right bank of the Scheldt in
the Groot Buitenschoor nature reserve.

However, the abovementioned department has also
contacted the Antwerp municipal authorities and the
public works department's waterways authority to remind
them of their obligation to carry out an impact study, by
order of the Flemish Executive of 23 March 1989 (BS 17.
5. 1989), for projects of a certain size in special protection
areas (Directive 79/409/EEC and the Ramsar
Convention) ( [2] ).

O OJ No C 90, 8.4. 1991, p. 19.
O OJ No L 103, 25. 4. 1979.

WRITTEN QUESTION No 2134/90

by Mr Gijs de Vries (LDR)

to the Commission of the European Communities

_(27 September 1990)_

(91/C 261/03)

_Subject:_ Competition policy in the agricultural sector

Can the Commission say what stage has been reached in
the procedure, referred to in Article 93 (2) of the EEC

Treaty applied against the Netherlands regarding about
70 subsidies which Commodity Boards charged to their
members and which, according to the Commission in
1986, were not notified to the Commission pursuant to
Article 93 (3) O?

O OJNoC214,25. 8. 1986, p. 2.

Answer given by Mr Mac Sharry
on behalf of the Commission

_(4 February 1991)_

After initiating the procedure laid down in Article 93 (2)
of the EEC Treaty, the Commission sent the Dutch
Government negative final decisions ( [x] ) concerning aid
granted by two Troduktschappen' (agricultural seeds and
animal feedingstuffs) financed from the proceeds of
parafiscal charges affecting products imported from the
other Member States.

The aids are intended to promote research in the sectors
concerned. Their aims are regarded as acceptable, since
they are intended to develop the branches of production
with which they are concerned.

Under the case law of the Court of Justice, it is necessary
to examine the compatibility of such aids with
Community law as regards both their purpose and their
method of financing. The parafiscal charges are levied
against both domestic products and products imported
from other Member States, so they have a protective
effect additional to the effect of the aid. The schemes

concerned cannot be regarded as compatible with
Article 92 of the Treaty since they discriminate against
producers in other Member States who cannot participate
effectively in decisions as to how the proceeds of the
charges should be used and who may already be
contributing to similar schemes in their own countries.

In response to the notification of these two final
decisions, the Dutch authorities have indicated their
intention to abolish the charges on products imported
from other Member States.

Consideration of aid measures financed by parafiscal
charges collected for other Troduktschappen' will be
concluded in the light of information recently supplied by
the Dutch authorities.

O OJNoL 101,21.4. 1990.

7. 10. 91 Official Journal of the European Communities No C 261/3

WRITTEN QUESTION No 2485/90

by Mrs Anita Pollack (S)

to the Commission of the European Communities

_(16 November 1990)_

(91/C 261/04)

_Subject:_ South Africa

Is the Commission aware of the continued breaking of the
United Nations arms embargo by Member States, the
most recent example apparently being the delivery of
three confidential instruction guidelines of the German
Federal Navy to South Africa; and does the Commission
agree that in breaking the embargo the Community is
implicitly helping the South African Defence Force to
commit acts of aggression against the people of the whole
of southern Africa?

Answer given by Mr Andriessen
on behalf of the Commission

_(4 March 1991)_

Application of the embargo on arms sales to South Africa
does not fall within the Commission's responsibilities.

On 15 December the European Council, meeting in
Rome, reaffirmed the link between the possible easing of
the restrictive measures adopted by the Community and
the present trend towards total abolition of apartheid.

WRITTEN QUESTION No 2695/90

by Mr Jean-Pierre Raffarin (LDR)

to the Commission of the European Communities

_(4 December 1990)_

(91/C 261/05)

_Subject:_ PERIFRA Programme

On the occasion of the vote on the draft 1991 budget at
first reading the European Parliament has just proposed a
Community programme (PERIFRA) to assist the
peripheral regions by creating a new appropriation of
ECU 66 million.

What are the Commission's reactions to the following
proposals?

1. Reserving a major share of this budget item for a
programme called 'ENVIREG Atlantique' to improve
the balance of Community action on the environment
by extending it tb the European seaboard?

2. Creating a priority programme in the regions that are
penalized by the implementation of structural fund
reform in the regions bordering on them (e.g. Marais
Poitevin compared with Marais Charentais) ?

Answer given by Mr Millan
on behalf of the Commission

_(22 January 1991)_

Now that the budget procedure for the 1991 budget has
been completed, the Commission intends to implement
the PERIFRA initiative as soon as possible. The
Commission will take full account of the information

given in the comment on the budget heading in question.

WRITTEN QUESTION No 2724/90

by Mr Gerhard Schmid (S)

to the Commission of the European Communities

_(10 December 1990)_

(91/C 261/06)

_Subject:_ Refunds for exports of meat to the USSR

What amounts were paid by the Community in the second
half of 1990 by way of export refunds to Bavarian
undertakings exporting meat to the USSR and which
undertakings received these refunds?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(25 January 1991)_

The Community regularly fixes refunds for exports to
USSR as well as other third country destinations which
are published in the Official Journal (Edition L). The
period of validity, as well as the amounts, vary from one
product to another. In order to obtain precise information
about refunds and other conditions to be fulfilled

exporters should address themselves to the national
agencies, who carry out the administration procedures,
such as issuing export certificates and paying export
refunds. In the case of Germany these tasks are carried
out by the Bundesanstalt fiir Landwirtschaftliche
Marktordnung in Frankfurt a.M. The Commission is not
in possession of information about which companies
apply for export refunds.

WRITTEN QUESTION No 2777/90

by Mr Mihail Papayannakis (GUE)

to the Commission of the European Communities

_(10 December 1990)_

(91/C 261/07)

_Subject:_ Illegal building on the islet of Louros

My question No 334/90 (') drew the attention of the
Commission to the problem on the islet of Louros, where

No C 261/4 Official Journal of the European Communities 7. 10. 91

land-grabbing, clearance, enclosures and illegal building
and other interference are damaging the ecosystem,
upsetting the ecological balance of the largest wetland
habitat in the Acheloos.

Since the Commission in its answer of 17 April 1990
stated that it 'is continuing to investigate the matter' I
should like to point out that as yet no attempt has been
made to deal with the problem. Recently however it has
come to light that the KED (National Land Association)
whose terms of reference include the management of the
public property concerned, had designated Louros a
special protection area.

Will the Commission state:

1. What was the reply of the Greek authorities regarding
the application of Directive 79/409/EEC ( [2] ), and in
particular Articles 3 and 4 thereof in Greece?

2. If it has information as to how the Greek authorities

4iave so far reacted and what steps they have taken to
date to prevent the illegal building?

3. Whether it intends to reconsider the matter and bring
direct pressure to bear on the Greek authorities to
take measures to repair the damage caused to the
wetland habitat and to set up a system of integrated
management?

O OJNoC207,20. 8.1990, p. 30.
O OJNoL 103,25.4. 1979, p. 1.

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

_(15 March 1991)_

Illegal building has taken place on the islet of Louros even
though the Greek authorities have designated it a special
protection area in accordance with Article 4 of
Directive 79/409/EEC.

Given Louros' importance, the Commission has on two
occasions requested information on this matter. The
replies from the Greek authorities not having been such as
to permit a short-term solution to the series of problems
affecting the area, the Commission has initiated an
infringement procedure.

The Greek authorities recently announced that they have
instructed that the illegal buildings be demolished in
order to ensure the conservation of the area in question.
The Commission does not yet know if these instructions
have been carried out.

WRITTEN QUESTION No 22/91

by Mr Jean-Pierre Raffarin (LDR)

to the Commission of the European Communities

_(1 February 1991)_

(91/C 261/08)

_Subject:_ Action against the sex industry

What measures can the Commission take to curb the sex

industry (pimping, prostitution, etc.) and in particular its
new electronic advertising methods (Minitel, etc.)?

How can Europe take action against 'sexdollars' as it is
doing against 'narcodollars'?

Answer given by Mr Pandolfi
on behalf of the Commission

_(19 April 1991)_

Action to combat the 'sex industry' and organized crime
in general must be mainly carried out in the framework of
Member States' criminal legislation.

The Commission is aware of the problems caused by the
use of new information technologies (Audiotex,
Videotex) to distribute information of a pornographic
nature. According to Article 36 of the EEC Treaty, the
restrictions on imports of goods justified on grounds of
public morality fall within the competence of the Member
States. To the Commission's knowledge, only the
following Member States are implementing measures to
protect the user against such pornographic services:

In the United Kingdom, the Independent Committee for
Supervision of Standards of Telephone Information
Services (ICSTIS) attempts to set standards for services
according to prevailing moral attitudes. In Ireland a
similar, but not identical, code of conduct for service
providers exists. In France, a Committee (Comite
Consultatif des Kiosques Telematiques et
Telephoniques), composed of members assigned by the
regulatory authority in the telecommunications domain,
gives an opinion to the Minister of Telecommunications
in the event of a breach of the Kiosk Convention. This

Convention covers acts contrary to prevailing moral
attitudes and forbids publicity, directly or indirectly, for a
service of a pornographic nature. The Belgian Info Kiosk
contract forbids pornographic 'chatlines'. Discrepancies
between existing national regulations constitute a
problem in establishing a common market for
information services. The Commission is presently
examining, with representatives of the appropriate
professional organizations, the possibility of having the
Industry accept a European Code of Conduct for the
provision of information services for the public at large.
Such a Code of Conduct would state the deontological

7. 10. 91 Official Journal of the European Communities No C 261/5

rules for the information industry throughout the
Community and administer the provision of information
services of a pornographic nature.

On the specific subject of laundering the proceeds of the
'sex industry', the Commission's original proposal for a
Directive on money laundering presented to the Council
in March 1990 (') covered the proceeds of organized
crime as well as those from drug-related offences.
However, in the absence of a recognized common
definition of organized crime, the Council was not able to
include these proceeds in the scope of the common
position which was adopted on 14 February 1991.

Nevertheless, the Commission has announced its
intention to convene an 'ad hoc' working group in order
to examine how the definition of criminal activities

contained in the Directive could be extended to terrorism

and other types of organized crime. The Council has
welcomed this initiative.

(*) OJNoC 106,28.4.1990.

WRITTEN QUESTION No 55/91

by Mr Madron Seligman (ED)

to the Commission of the European Communities

_(6 February 1991)_

(91/C 261/09)

_Subject:_ Zoos directive

Several of my parliamentary colleagues have tabled
questions addressed to the Commission and written
personally to Commissioner Ripa di Meana in the course
of the past year asking why the Commission has delayed
for so long its draft directive on zoos. So far, no
satisfactory explanation seems to have been vouchsafed.

It is widely believed that there are no valid technical or
administrative reasons for the inordinate delay, and this
gives rise to speculation that the reasons may be political.

Not only fellow members of the Intergroup for Animal
Welfare but innumerable citizens of the Community are
appalled that animals and birds are allowed to suffer and
die in third-rate zoos, while the Commission apparently
drags its feet. When will the draft directive be introduced
at last?

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

_(15 April 1991)_

The Commission intends to examine the draft directive in

question as soon as possible and in any case before June,

bearing in mind the need to place it in the context of
other, more immediate priority issues.

WRITTEN QUESTION No 255/91

by Mrs Johanna-Christina Grund (DR.)

to the Commission of the European Communities

_(4 March 1991)_

(91/C 261/10)

_Subject:_ Tax relief in Germany for diesel-engined
vehicles emitting less than 0,08 gr/km
particulates

Can the Commission state the exact reasons for its formal

objection (and threat of legal action) to the tax relief
introduced by the Federal Government in respect of
diesel-engined vehicles with low particulate emissions in
the FRG, particularly since in point 16 of its Programme
for 1991, the Commission gives clear priority to
environmental policy?

It seems nonsensical in this context to declare that the

introduction by a Member State of stricter limits on
particulate emissions (0,08 gr/km) with a view to
improving its environment is in breach of the EEC Treaty
(pursuant to Article 30 thereof) if it wishes to offer a
financial incentive to this end. Is not the Commission's

response a greater breach of the Treaty than the measure
taken by the Member State threatened with legal
proceedings?

Answer given by Mr Bangemann
on behalf of the Commission

_(19 June 1991)_

The Commission considers that a national measure

providing for tax incentives for the purchase of certain
vehicles with specific technical features can be assessed in
the light of Article 30 of the EEC Treaty since it is liable
to affect normal patterns of trade in vehicles between the
country in question and the other Community Member
States.

The examination carried out by the Commission did not
lead it to conclude that the German scheme is

incompatible with the rules of the Treaty. However, it is
awaiting certain clarifications from the German
authorities which could bring the German system for tax
incentives for diesel vehicles more into line with the

Community provisions in force and in- preparation
concerning polluting emissions from motor vehicles.

No C 261/6 Official Journal of the European Communities 7. 10. 91

WRITTEN QUESTION No 278/91

by Mr Jacques Vernier (RDE)

to the Commission of the European Communities

_(4 March 1991)_

(91/C261/11)

_Subject:_ Cases of fraud involving 'postal costs'

A number of French consumer organizations (*) have
brought to light the existence of malpractices that
represent a serious attack on consumer interests,
perpetrated by unscrupulous bogus companies based, in
particular, in the Netherlands. The 'recipient' is promised
a present in return for sending a cheque for a fairly
substantial sum as a 'contribution towards postal costs',
and 'without any obligation on his part'. It is, of course, a
swindle and the victims never receive anything. Such
scandalous practices are all the more deplorable in that
they may discredit the work of building Europe in the
eyes of the consumer by stressing the risks of lifting the
frontiers without providing consumer safeguards.

Would the Commission therefore:

1. recommend the Member States to takes all measures

necessary to avoid a repetition of such occurrences?

2. if these practices are not currently subject to
Community law, put forward proposals with a view to
harmonizing national provisions designed to prevent
abuses of this type? »

O See, in particular, INC Hebdo No 699, 26 October 1990.

Answer given by Mr van Miert
on behalf of the Commission

_(14 June 1991)_

The practices referred to by the Honourable Member do
indeed seriously compromise consumer interests; such
practises are unfair and fraudulent, and they play upon a
certain degree of gullibility.

Faced with this type of practise, consumers may
experience difficulties not in having the offence
recognized or a penalty imposed, but in having decisions
by national legal authorities actually applied. If it
transpires that the company which placed the
advertisements never existed, the legal remedies open to
the victims become uncertain.

The Commission finds this situation unacceptable, since it
diminishes the confidence which consumers legitimately
place in the completion of the internal market.

Two complementary approaches can be employed to
remedy this clearly unsatisfactory state of affairs, namely
providing information and guaranteeing fair trading.

In its Three-Year Action Plan of Consumer Policy in the
EEC, published in May 1990 ('), the Commission
announced its intention to examine such problems in
greater depth and to propose measures to ensure
consumer protection.

As regards information, encouragement has been given to
local initiatives involving consumer information pilot
projects, and consultation centres for border regions have
been set up.

In addition, the Commission will very shortly be sending
the Council a communication on consumer information

strategy and priorities.

With regard to existing Community law, it would no
doubt have been possible to invoke the texts incorporating
Directive 84/450/EEC on misleading advertising ( [2] ).
However, we have to bear in mind the way this fraud is
perpetrated and the limitations of the traditional remedies
referred to above.

In view of the above, and given the development of new
sales techniques, the Commission is currently drawing up
a proposal for a Directive on distance selling, as
announced in the Three-Year Action Plan. In drawing up
the proposal the Commission will take account of such
malpractices.

O COM(90) 98 final.
( [2] ) OJNoL250, 19.9.1984.

WRITTEN QUESTION No 409/91

by Sir James Scott-Hopkins (ED)

to the Commission of the European Communities

_(11 March 1991)_

(91/C 261/12)

_Subject:_ Research to prevent heart disease

Bearing in mind the high incidence of heart disease within
most EC countries, what research has the Commission
authorized in the last year designed to prevent such
disease?

Answer given by Mr Pandolfi
on behalf of the Commission

_(29 May 1991)_

The Commission agrees that heart disease and more
generally cardiovascular diseases are one of the main

^

B t o ^ t (Official journal of the European Communities N o C ^ t B B

causes of death within most EC countries. Accordingly it
has^ within the last year^ supported ID collaborative
research projects^ within the framework of the fourth
medical and health research Programme, l^hese actions
involve more than ^00 teams intt^iember states and five

non^viember states.

l^hese actions deal with^

^ epidemiological research^ in particular research on
risk factors ^genetic factors^ impact of dietrelated
antioxidants^ nutrition and cardiovascular diseased

homocysteinaemia as a possible risk factors and
researchonthe secondary preventionof myocardial
infarctions

— biological research aiming atabetterunderstanding of
the causes of human primary hypertension and its
treatment in the elderly and also of the relation
between coagulation factors^ which are assumed to
play a role in thrombus formation and a
predisposition to thrombosis^

^ the development of related technologies by
coordinating research on diagnostic ^performance of
electrocardiogram computer programmes^ ultrasound
investigation of the atheroscleroticplaque^ imaging
techniques^ positron emission tomography and
biomagnetism^and research concentrating mainly on
treatment ^monitoring of blood pressures
standardisation of procedures to test the
haemocompatibility of biomaterials^ evaluation of
heart assist and replacement devices^ development of
medical laser applications^,

^ioreover^ the Commission has submitted i n l ^ O to the

Council of ^inistersaproposalforaresearch programme
on Biomedicine and Health t ^ O ^ l ^ n t ^ which

includesasubarea on ^Cardiovascular diseases.

C ^ ( ^ ^ D B D n m U 5

^ ^ I r ^ E N ^ t l E ^ ^ C O N N o ^ ^ B ^

by^rsNelvanL^iikand^r^lermanVerbeek^

to the Commission of the European Communities

^tBC^lBtoE

^^cr,10istortion of the European waste paper market
by imports of American and Japanese waste
paper and the subsequent threat to the
Netherlands infrastructure for recycling waste

paper

1, Is the Commission aware of the slump in waste
paper prices in the Netherlands and the EC asaresult of
the^ perhaps temporary^ excess supply of waste paper
fromAmerica and Japans

^, lOoes it consider that the Netherlands infrastructure
is being disrupted by the arrival on the Netherlands
market of large quantities of waste paper from Cermany^
with the Netherlands waste paper dealers even obtaining
additional moneyif they collect it from Cermany^

^, L^oes it not think that the typical infrastructure
system in the Netherlands^ where associations and
volunteers take responsibility for collecting waste papers
is atrisk asaresult^

^, Lo^cs the Commission consider used paper to b e a
waste product and does it consider that imports from
third countries are undesirables

^, Is it preparedmn the interests of the environments to
adopt measures to protect therecycling of waste paper
including^

^ restrictions on imports into the EC byahigh^ possibly
temporarymmportduty^

^ intervention by the Commission to establish a
temporarywaste paper mountains

D, Is itprepared to consider^and investing expansion of
the processing capacityforwastepaperin the EC^

Answer^ive^by^r^ipadi^eana
on behalf of the Commission

^ ^ ^ ^

1, The Commission is aware that there is currentlya
surplus of waste paper in the Community and that prices
are consequently very low.Certain information suggests
that the imports from the Lmited states are only
temporary,That country is currently investing heavily in
paper recycling capacity and is aiming to recycle ^O^of
its paper by t ^ ^the current rate is ^ 0 ^, Paper
production isrisinginjapan^ andforecasts indicate an
increase in imports ofwastepaperfrom that country,

^ a n d ^ . The Commission agrees that the typical waste
paper collection infrastructure in the Netherlands is being
upset by the unusual amount of waste paper now arriving
on the market, However^ it does not feel that this
necessarily threatens the existence of that infrastructure.
Collection associations and volunteers have made no

investments and therefore have no maior fixed costs. As

soon as imports diminish and prices rice^ these
associations and volunteers will once again be able to
operate on the market,

^t. The Commission does not consider used paperto be
a waste product. It may be classifieds according to
L ^ i r e c t i v e ^ B ^ D B E E C o f t ^ A i a r c h i ^ t o n w a s t e ^ a s

a p r o d u c t f o r w h i c h t h e h o l d e r h a s n o f u r t h e r u s e b u t
which may ^ ^ r ^ ^ be recovered withaview to extracting
secondary raw materials. Imports from third countries are
the resultof structural and economicchanges in those

N o C 261/8 Official Journal of the European Communities 7. 10.91

countries. It is true that, for the moment and for the
Netherlands' typical infrastructure, they are undesirable.

5 and 6. The Commission has already taken steps to
help the environment, but its recommendation of 3
December 1981 concerning the re-use of waste paper and
the use of recycled paper ( [2] ) has received a mixed

response.

(') OJ No L 78, 26. 3.1991.
O OJNoL355,10. 12.1981.

WRITTEN QUESTION No 473/91

by Mr Gianfranco Amendola (V)

to the Commission of the European Communities

_(19 March 1991)_

(91/C 261/14)

_Subject:_ Batteries available on the market and their
environmental impact

According to engineers from the firm Duracell, three
categories of battery are produced:

— zinc-chloride batteries, which contain no
contaminants, such as mercury or cadmium, and do
not affect the environment;

— manganese alkaline batteries, which still contain small
quantities of mercury (0,0025 %), but this will soon be
completely eliminated;

— special batteries (round cells), which at present cannot
be recycled.

1. Can the Commission confirm that zinc-chloride

batteries have no effect on the environment and, if so,
why is this the case?

2. Can the Commission say what progress has been made
in completely eliminating mercury in manganese
alkaline batteries?

3. Can the Commission say to what extent special round
cells can be substituted by miniature alkaline batteries
and what environmental impact they have?

4. Lastly, can the Commission say what action it has
taken to promote production of recyclable batteries,
with a view to eliminating waste completely?

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

_(8 May 1991)_

On 18 March 1991 the Council adopted a Directive on
batteries and accumulators containing certain dangerous

substances, specifically mercury, cadmium and lead. The
proposal went through the consultation procedure with
the European Parliament provided for by Article 149 of
the EEC Treaty. The directive introduces a variety of
measures ranging from a ban on the marketing of certain
batteries to a requirement for the Member States to take
the necessary measures to ensure that other batteries and
accumulators are collected separately.

1. There are no specific measures relating to saline —
zinc-chloride — batteries in this directive, which is
concerned largely with reducing the quantities of
mercury, cadmium and lead released into the
environment. Like all products intended for
consumption, saline batteries are bound to have an
impact on the environment through their
manufacture, distribution and use and, finally,
through their disposal.

2 and 3. The directive requires Member States to draw
up programmes for reducing the use of these
substances in manufacturing batteries and
accumulators. The programmes should enable the
mercury content of manganese alkaline batteries to be
further reduced and the use of round cell ('button')
batteries containing mercury to be phased out.

4. The programmes are also designed gradually to
reduce the incidence in household waste of spent
batteries and accumulators of the kind covered by the
directive. The recyclable batteries referred to by the
Honourable Member will in all probability help to
prevent pollution, depending on the environmental
impact of their disposal once they can no longer be
re-used.

WRITTEN QUESTION No 497/91

by Mrs Hildtrud Breyer (V)

to the Commission of the European Communities

_(26 March 1991)_

(91/C 261/15)

_Subject:_ Community legislation on novel foods

Given that over the past year to year and a half, the
proposal for a Council regulation on novel food
ingredients and food processes has been widely
distributed and discussed, especially within the food
industry, and that a number of industry groups have had
the opportunity to contribute to this debate during the
course of several conferences and meetings, can the
Commission suggest a way that individual Members of
the European Parliament might also contribute their ideas
to the preparation of this document?

Can the Commission indicate when it plans to transmit
this draft regulation to the European Parliament?

7. 10. 91 Official Journal of the European Communities No C 261/9

What organizations and individuals has the Commission
consulted, or does it plan to consult, in the preparation of
this proposed legislation?

How does the Commission intend to interpret the
Council Directive of 23 April 1990 on the contained use of
genetically modified micro-organisms (90/219/EEC) (')
and the Council Directive of 23 April 1990 on the
deliberate release into the environment of genetically
modified organisms (90/220/EEC) ( [2] ) in relation to
Community legislation on novel food ingredients and
food processes which contain or consist of genetically
modified organisms or are processed with the aid of such
organisms?

(') OJ No LI 17, 8. 5. 1990, p. 1.
O OJ No L 117,8.5. 1990, p. 15.

Answer given by Mr Bangemann
on behalf of the Commission

_(30 May 1991)_

During the preparation of the proposal many
organizations and individuals have sent their comments to
the Commission. The Commission welcomes suggestions
from all interested parties.

The Congress on Novel Foods organized by the
European Food Law Association held in Luxembourg in
October 1990 was one of the main fora among a number
where the issue has been discussed. The draft in its

present state was discussed in the Food Advisory
Committee, where the economic interest groups are
represented. On 12 March 1991, the Consumer's
Consultative Council debated and gave its opinion on the
draft.

The proposal by the Commission will follow the usual
cooperation procedure with the European Parliament.

When an environmental risk assessment is necessary, it
will be compatible with the relevant provisions of the
directive on the deliberate release of genetically modified
organisms into the environment.

WRITTEN QUESTION No 501/91

by Mr Sotiris Kostopoulos (S)

to the Commission of the European Communities

_(26 March 1991)_

(91/C 261/16)

_Subject:_ Measures to promote the development of
tourism on the island of Paxos

To reduce regional inequalities, the Commission is
offering coastal areas of the Community's developing

regions the possibility of aid for development and
structural adjustment under the European Regional
Development Fund.

Paxos, an area of outstanding natural beauty to the south
of Corfu, is the natural extension of one of the
fastest-growing tourist regions in Greece. Naturally, its
development is influenced by the rapid development of
Corfu, since it is the second most important district within
the region. Planning and infrastructure are therefore
needed so that the island can cope with the increased
influx of tourists.

At the same time, long-standing problems such as the
island's water supply, which because of the lack of natural
water sources comes from reservoirs and supplies brought
by ship, and the non-existent drainage system, could be
solved through the Community support framework for
structural measures in the Greek regions as adopted by
the Commission.

What measures will the Commission take to help the
island of Paxos, under the Community's ENVIREG
programme — designed to solve environmental problems
which particularly affect tourism — so that the local
residents and organizations may meet the demands of
tourism and economic development by providing modern
services.

Answer given by Mr Millan
on behalf of the Commission

_(13 June 1991)_

While recognizing that infrastructure problems exist, the
Commission is unable at this stage to state its position on
the financing of environmental protection projects on the
island of Paxos. However, it will consider this point in the
light of proposals from the Greek authorities during
negotiations on the Envireg programme.

WRITTEN QUESTION No 527/91

by Mr Kenneth Collins (S)

to the Commission of the European Communities

_(26 March 1991)_

(91/C 261/17)

_Subject:_ Implementation of environmental impact
assessment directive in the United Kingdom

A number of complaints have recently been made to
the Commission concerning the implementation of the
environmental impact assessment directive (85/337/
EEC) (*). These include:

\

No C 261/10 Official Journal of

— M i l motorway link road

— M3 Winchester by-pass

— East London river crossing.

Does the Commission consider that it is now appropriate
to open infringement proceedings against the United
Kingdom, in view of the obvious doubts about the way in
which the directive on environmental impact assessment
has been interpreted in the United Kingdom ?

(') OJNoL175,5.7.1985.

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

_(28 June 1991)_

The Commission is considering the complaints made
recently to it concerning the implementation of Council
Directive 85/337/EEC in relation to the following cases:

— M i l motorway link road

— M3 Winchester by-pass

— East London River Crossing.

The consideration is being made with a view to the
commencement of formal proceedings against the United
Kingdom for infringement of the provisions of the
Directive.

WRITTEN QUESTION No 529/91

by Mrs Caroline Jackson (ED)

to the Commission of the European Communities

_(26 March 1991)_

(91/C 261/18)

_Subject:_ Irrigation projects in Spain

In its answer to my Written Question No 2288/90 (*) the
Commission states that Spanish irrigation projects have
been modified in order to minimize their impact. In their
original form these projects could have adversely affected
approximately one third of the total world population of
the globally threatened species _Otis tarda._ Will the
Commission explain:

1. exactly what steps have been taken to minimize the
impact of these programmes;

2. what proportion of the Spanish and world populations
of _Otis tarda_ will now be affected?

O OJ No C 130,21.5.1991, p. 12.

European Communities 7. 10. 91

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

_(30 May 1991)_

1. The following steps have been taken to minimize the
impact of certain programmes:

(a) preparation by the competent authorities of an
environmental impact study to obtain precise
knowledge of the positive and the negative effects of
the projects on the fauna and flora;

(b) reduction in some cases of the area of the land to be
irrigated;

(c) non-transformation of sites containing populations
of threatened bird species;

(d) preservation of these sites and initiation of
administrative steps for their protection;

(e) at a general level, supervision of implementation of
the programme by the monitoring committees set up
by the Council Decision approving the granting of
financial aid under the Guidance Section of the

EAGGF.

2. The main objective of the measures is to ensure that
the Spanish populations of the species _Otis tarda,_ which
represent practically the whole of the Community
population, are not affected by implementation of these
projects.

WRITTEN QUESTION No 539/91

by Mr Bouke Beumer (PPE)

to the Commission of the European Communities

_(26 March 1991)_

(91/C 261/19)

_Subject:_ Greenpeace report on international trade in

wastes

On 14 February 1991 Greenpeace published a report on
the international trade in waste. To an increasing extent,
international operators trading in waste are attempting to
export industrial and domestic waste for the purpose of
recycling and reuse, in particular to Eastern Europe and
the Third World.

The Basle Convention on the Control of Transboundary
Movements of Hazardous Wastes and their Disposal,
which was adopted almost two years ago, has been
ratified by only six countries, while the support of 20
countries is necessary to give it the force of law.

1. Which Member States have ratified this Convention?

2. Was the Commission itself involved in the drawing up
of the Convention on the Control of Transboundary
Movements of Hazardous Wastes ?

7. 10. 91 Official Journal of the European Communities ^ o C ^ t B M

o5 lOoes the Commission consider that, in viewof the
Creenpeace report on international trade in waste, the
Convention provides an adequate basis for controlling
the transport of toxic waste to Pastern Europe and the
Third^orld^

4, Does the Commission endorse the criticism levelled at
the Basle Convention by the African countries, given
that the final declaration itself has been signed but not
the Convention itself^

^ fooes the Commission consider that the Bamako

^viali^ Convention may provide a better basis for
protecting the Third ^ o r l d from the international
transportoftoxicwaste^^as the Bamako Convention
mentioned during the Lome talks^

DD In which Member States is the export of waste subject
to specific legal conditions^

^. for example in the Netherlands it is not clear to what
extentthefreeimport, transit andexport of goods,
including waste, may be restricted^ Can the
Commission clarify its position on this matter, for
example in respect of exports of chemical waste from
the Netherlands to Schonberg^formerCfoR.^

Answer ^ivenby Mr ^ipadiMeana
on behalf of the Commission

^ ^ ^ ^ ^

Problems relating to the shipment of waste are of major
importance in the Commissions environmental policy.
The Basle Convention, after lengthy and difficult
negotiations, now constitutesalegal basis forasolution
at international level The Commission participated in
the negotiations and is now pressing for quick
ratificationBconclusion of the Convention and effective

transposition into Community law in the near future,

n Todate,Erance has ratified the Convention,

^, The Commission, on a mandate from the Council,
playedavery active role in the negotiations and signed
theConventiononbehalf of theCommunity o n ^
March t ^,

^, The Commission considers theBasle Convention an
appropriate basis for a progressive environmental
policy and, in 1 ^ 0, p u t b e f o r e t h e C o u n c i l a d r a f t
decision for the joint conclusion thereof by the
Community and the Member States, together witha
draft regulation concerning its implementation at
Community level

The Commission has also negotiated the Lome
Convention with the ACF countries, Articled of
which prohibits all exports of hazardous and
radioactive waste to ACP states. There is also the

COECL^decision^recommendation on the reduction of

transboundary movements of waste in general.

4, ^ i t h regard to the Basle Convention, in view of
Articled ^ ^, which prohibits the export of
waste to states which have prohibited its import,
the Commission regards the Convention as an
appropriate legal instrument for establishingabinding
system for prohibition at international level.Clearly,
the Convention would have to enter into force as soon

as possible. The Commission hopes that the
discussionsinthe Council willterminatefavourablv

this autumn atthe latest,

D, The Commission considers that the Bamako
Convention should be integrated into the
international system for the shipment of waste based
on the Basle Convention, In this context, note should
betaken of theresolution of thesignatories to the
Bamako Convention, of ^ January r ^ t, at the
Bamako Conference, calling on the member states of
the CO^ganization of Africanllnitv to take individual
decisions on the Basle Convention,The Commission
points out that it will be necessary to study the
compatibility of theproceduresprovided for in the
two Conventions,

Since the Lome TV Convention was signed on t^
December t ^ ^ and the COA^l working party met for
the first time from 1^ to 1^ Toecember 1 ^, the

Bamako Convention as such could not be taken into

account at the Lome talks. The African concern

regarding toxicwaste was discussed at Lome,resulting
in the prohibition referred to i n A r t i c l e ^ ^,

D, All the Member States have transposed into national
law Loirective^BD^tBEEC^, on the supervision and
control within the European Community of the
transfrontier shipment of hazardous waste. Each
Member State therefore has legislation subjecting the
exportofwaste to specific legal conditions,

^, The Commission is currently examining the problem
of the export of waste from the Netherlands to other
Member States,Aletter has been sent to thelOutch
authorities asking them to clarifythe matter.

O OJ No 1326,13 12.1984.

WRITTEN QUESTION No 549/91

by Mr Virginio Bettini and Mr Enrico Falqui (V)

to the Commission of the European Communities

_(26 March 1991)_

(91/C 261/20)

_Subject:_ Construction of a bridge over the Strait of
Messina (Italy)

The Italian Government has recently announced its
support for the 'bridge' option for the purpose of crossing
the Strait of Messina.

No C 261/12 Official Journal of the European Communities 7. 10. 91

The project will not be finalized before 1992. At the same
time, no preliminary studies appear to have been carried
out concerning the 'tunnel' option.

Does the Commission consider that an environmental

impact assessment should be carried out in respect of both
projects?

Is the Commission aware of the conclusions of the

environmental impact assessment carried out in respect of
the bridge? Have estimates been drawn up in respect of
Community financing for these projects?

Answer given by Mr Van Miert
on behalf of the Commission

_(13 June 1991)_

The Honourable Members are referred to the answer

given by the Commission to their Written Question
No 591/91 0 

(') See page 12 of this Official Journal.

WRITTEN QUESTION No 591/91

by Mr Virginio Bettini and Mr Enrico Falqui (V)

to the Commission of the European Communities

_(26 March 1991)_

(91/C 261/21)

_Subject:_ Construction of the bridge over the Straits of
Messina

The Italian Government has recently come out in favour
of a bridge across the Straits of Messina.

The final project will not be completed until 1992. To
date, although a proposal for a tunnel has also been put
forward, no other alternatives have been suggested. For
example, no consideration has been given to improving
and extending sea links between Gioia Tauro and
Milazzo.

Does not the Commission consider that a study should be
carried out to identify alternative solutions ?

Is the Commission aware of the conclusions of the

assessment of the environmental impact of the bridge?
Are there any provisions for Community financing for
such projects?

Answer given by Mr Van Miert
on behalf of the Commission

_(7 June 1991)_

A fixed crossing across the Straits of Messina does not at
present form part of a "Community-wide transport
infrastructure network.

A study of the various alternatives might, however, be
considered for funding by the Community if requested by
the Italian Government. The Commission has not yet
received the findings of an environmental impact study
required under the Council Directive on the assessment of
the effects of certain public and private projects on the
environment ( [1] ).

0 OJNoL 175,5.7.1985.

WRITTEN QUESTION No 615/91

by Mr Jose Valverde Lopez (PPE)

to the Commission of the European Communities

_(15 April 1991)_

(91/C 261/22)

_Subject:_ Spanish projects approved and completed within
the DRIVE programme

The exploratory phase of the DRIVE programme now
being complete and the development stage based on pilot
schemes duly under way, what projects has Spain
submitted within the DRIVE programme and which have
been completed?

Answer given by Mr Pandolfi
on behalf of the Commission

_(29 May 1991)_

For the information of the Honourable Member, the
exploratory phase of the DRIVE programme is not yet
completed. The programme is due to end in June 1991
with the last of the projects due to finish at the end of
1991.

The R&D phase, based on the pilot projects, is expected
to form part of the third framework programme and, as
such, awaits decisions concerning its future.

With respect to Spanish participation in phase I of
DRIVE the following statistics apply:

— There are 22 separate participations in DRIVE
projects.

— There are 15 participating organizations.

— Five participating organizations are prime contractors
in their projects.

— Four of the projects involving Spanish partners are
now complete.

Further details are available in the report 'DRIVE'90: The
DRIVE programme in 1990' which will be sent direct to
the Honourable Member and to the Parliament's

Secretariat.

7.10.91 Official Journal of

WRITTEN QUESTION No 638/91

by Mr Eolo Parodi (PPE)

to the Commission of the European Communities

_(16 April 1991)_

(91/C 261/23)

_Subject:_ Council Directive 75/422/EEC — national
legislation, Italy

Council Directive 75/442/EEC ( [!] ) is intended to
approximate the laws of the various Member States on
waste disposal, on order to prevent distortion of
competition, and calls on the Member States to take the
necessary measures to implement the provisions thereof.

The Italian Republic has promulgated laws (L. 9/11/88
No 475 — particularly Articles 3, 5 and 9g; L. 10/2/89
No 45, particularly Article 2b) and government acts
(Ministry of Health 28/9/90, Article 4,3) requiring
doctors and dentists to observe certain provisions on the
notification, storage and disposal of waste (classified
under national law as special waste and hence subject to
Council Directive 75/442/EEC) produced in the course
of their professional activities. However, these provisions
do not extend to the general public or other professional
categories producing or storing the same type of waste.

Has the Commission been informed in good time, in
accordance with Article 3 of the Directive?

Does the Commission intend to take steps in response to
cases of discrimination such as this, based solely on
subjective criteria in respect of those producing or storing
such waste?

O OJNoL194,25.7. 1975, p. 39.

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

_(27 June 1991)_

Directive 75/442/EEC on waste lays down a number of
obligations relating to waste arrangement which are
intended to protect the environment; in particular, it sets
the following priorities: the prevention of waste
production (Article 3), recycling (Article 3), and the
satisfactory disposal of waste without endangering
human health and without harming the environment
(Article 4).

The definition of waste, the measures laid down, the
declaration procedure, and the storage and disposal of
waste follow from the obligations laid down in Article 4
of Directive. In accordance with Article 14, the Italian
Republic has communicated to the Commission the text
of provisions which it has adopted in the field covered by
the Directive, including the Law of 9 January 1988
referred to by the Honourable Member. The Directive, as

ie European Communities No C 261/13

amended by Council Directive 91/156/EEC ('), has been
supplemented by a number of texts concerning specific
categories of waste: toxic and dangerous waste, used oils,
waste containing PCBs, sewage sludge, etc. Council
Directive 78/319/EEC on toxic and dangerous waste ( [2] ),
from which household waste is excluded, also lays down
the obligation for all installations, establishments and
undertakings producing such waste to declare it. Article 8
of the Directive allows Member States to take more

stringent measures than those provided for in the
Directive.

The proposal for a Directive on civil liability for damage
caused by waste ( [3] ) covers waste generated in the course
of a professional activity.

O OJNoL78,26.3. 1991.
O OJNoL84,31.1.1978.
O OJNoC251,4.10.1989.

WRITTEN QUESTION No 641/91

by Mr Reimer Boge (PPE)

to the Commission of the European Communities

_(16 April 1991)_

(91/C 261/24)

_Subject:_ Fisheries policy

There are considerable differences in the scale on which

drift net fishing is practised: in the Baltic, for instance, it
only occurs to a limited extent and this cannot be
compared with large-scale drift net fishing.

In view of the debate which has just been launched on
whether large-scale drift net fishing should be banned,
does the Commission not consider that it would be

preferable to impose selective restrictions rather than a
blanket prohibition?

Answer given by Mr Marin
on behalf of the Commission

_(6 May 1991)_

In its proposal for a Council Regulation amending for the
eleventh time Regulation (EEC) No 3094/86 laying down
certain technical measures for the conservation of fishery
resources ('), the Commission provides for rules on
driftnet fishing but does not envisage banning it.

With regard to sea trout and salmon fishing, the
Commission would remind the Honourable Member that

the rules for the Baltic Sea allow the use of driftnets up to
a total or cumulative length of 21 kilometres.

(') COM(90) 610 final.

No C 261/14 Official Journal of the European Communities 7. 10. 91

WRITTEN QUESTION No 680/91 WRITTEN QUESTION No 710/91

by Mrs Anita Pollack (S) by Mr Eugenio Melandri (V)

to the Commission of the European Communities x to the Commission of the European Communities

_(19 April 1991)_ _(19 April 1991)_

(91/C 261/25) (91/C 261/26)

_Subject:_ Financial protocol with Syria

_Subject:_ Overfishing off Canada

Why did the EC reject the NAFO moratorium on
harvesting northern cod outside Canada's 200-mile zone?

Answer given by Mr Marin
on behalf of the Commission

_(21 May 1991)_

There have been two different NAFO moratoria on

fishing cod in the NAFO Regulatory Area outside
Canada's 200 mile zone:

(a) For the years 1988—90 inclusive NAFO
recommended a moratorium on fishing cod in NAFO
subarea 3M. The Community accepted this
recommendation for biological reasons and enacted a
corresponding ban applying to Member State vessels.

(b) Since 1986 NAFO has also, on the request of
Canada, recommended a moratorium on fishing cod
in that part of NAFO subareas 2J3KL which is
situated outside Canadian waters.

The Community has not accepted this recommendation,
since:

— there is no scientific basis for such a moratorium and

Canada has not acceded to Community requests for
scientific evaluation by the NAFO Scientific Council
of the part of the 2J3KL cod in question, claiming that
the whole of this cod is fully subscribed in Canadian
waters and fixing a relatively high TAC for the part
occurring in those waters;

— this approach is not in line with the requirement, in
article XI of the NAFO Convention, for consistency
between conservation and management measures
inside and outside the waters of coastal states of the

NAFO area; nor is the approach internally consistent,
since Canada, while denying NAFO competence for
the part of the 2J3K.L cod occurring outside its waters,
has nevertheless requested NAFO to fix a zero TAC in
respect of it.

The Community appears to be in a hurry to conclude the
third financial protocol with Syria, on a proposal from the
Commission, involving around ECU 146 million.

1. Does not the Commission consider that the decision

to conclude the financial protocol is premature, given
the continuing serious human rights violations in
Syria?

2. How does the Commission reconcile its hopes for
peace in Lebanon with this conferring of political
credit upon Syria, given the recent events in Beirut?

3. The attitude of many governments towards Iraq's
unacceptable invasion of Kuwait appears to have been
used by many countries (including China and Syria) as
a means of striking a bargain to obtain concessions
in relations with the Community. Does not the
Commission consider that, in the case of Syria
specifically, such a rapid and superficial
re-examination of its cooperation relations with
Damascus and, more generally speaking, with
countries previously stigmatized for their
questionable human rights policies or support for
international terrorism, is over-hasty and
inappropriate?

Answer given by Mr Matutes
on behalf of the Commission

_(24 May 1991)_

1. On 7 September last year the Council, believing that
the time had come to resume contact with Syria, gave the
Commission directives to re-open negotiations on the
third Financial Protocol for Syria, which had been
suspended since November 1986 for political reasons (the
Hindawi affair).

The Commission is aware that Syria does not always
respect democratic rules and fundamental human rights
but believes that a framework should be maintained

where information, dialogue and vigilance are possible.

2. Syria's position in the search for a solution to the
Israel-Arab conflict and all problems in the Middle East
is, in the present circumstances, another reason for not
isolating it.

3. Syria has undeniably reaped political and financial
advantage from the position it took during the Gulf crisis,
notably large-scale aid from Saudi Arabia and other Gulf
states, and recognition of its political role by the Western

7. 10. 91 Official Journal of the European Communities No C 261/15

powers, including the United States and some Member
States.

It would therefore not be an appropriate moment for the
Community to make a solitary attempt, by blocking the
Protocol, to isolate Syria that would have very little
international impact.

WRITTEN QUESTION No 737/91

by Mr Gerard Monnier-Besombes (V)

to the Commission of the European Communities

_(23 April 1991)_

(91/C 261/27)

_Subject:_ Application of Directive 79/409/EEC: Special
protection area for the booted eagle (Hieraetus
pennatus)

Can the Commission supply a list of the special protection
areas created by France for the protection of the booted
eagle (Hieraetus pennatus) in application of Directive
79/409/EEC (')?

O OJNoLl03,25.4.1979, p. 1.

WRITTEN QUESTION No 738/91

by Mr Gerard Monnier-Besombes (V)

to the Commission of the European Communities

_(23 April 1991)_

(91/C 261/28)

_Subject:_ Application of Directive 79/409/EEC: Special
protection area for the Montagu's harrier
(Circus pygargus)

Can the Commission supply a list of the special protection
areas set up by France for the protection of the Montagu's
harrier (Circus pygargus) in application of Directive
79/409/EEC?

WRITTEN QUESTION No 739/91

by Mr Gerard Monnier-Besombes (V)

to the Commission of the European Communities

_(23 April 1991)_

(91/C 261/29)

_Subject:_ Application of Directive 79/409/EEC: Special
protection area for the dotterel (Charadrius
morinellus)

Can the Commission supply a list of the special protection
areas set up by France for the protection of the dotterel
(Charadrius morinellus) in application of Directive
79/409/EEC?

Joint answer to Written Questions Nos 737/91, 738/91 and

739/91

given by Mr Ripa di Meana
on behalf of the Commission

_(30 May 1991)_

The Commission would point out to the Honourable
Member that in France no special protection areas have
been set up under Article 4 of Directive 79/409/EEC for
the protection of individual species.

However, the species to which the Honourable Member
refers are present in the following special protection

areas:

— the booted eagle (Hieraetus pennatus) is a bird of
passage in the area of the Etang de Madine;

— the Montagu's harrier (Circus pygargus) nests in the
Basses Vallees du Cotentin and the Baie de Veys, in le
Pinail and the Foret de Mouliere, in the Camargue,
the Crau, the Drome valley: les Ramieres. It nests and
is also a bird of passage in the area of the Lac de
Grandlieu, the Pointe d'Arcais and St-Denis du Payre.
It is also a bird of passage in the area of the Etang de
Madine;

— the dotterel (Charadrius morinellus) is a bird of
passage in the Crau.

WRITTEN QUESTION No 759/91

by Mr Juan Bandres Molet (V)

to the Commission of the European Communities

_(29 April 1991)_

(91/C 261/30)

_Subject:_ Firing range in the Bardenas Reales

The Bardenas Reales is included on the list of special
bird-protection areas used by the Commission in
implementation of Article 4 of Council Directive
79/409/EEC (').

That area has been converted into a military firing range
by the Spanish Government, seriously jeopardizing the
existence of a variety of birds peculiar to the area, such as
the bustard, stone curlew, golden eagle, little bustard and
eagle owl.

Could the Commission say whether the use of this area as
a firing range is compatible with the requirement, laid
down by the Directive referred to above, to protect the
birds there ?

O OJNoL 103,25.3.1979, p. 1.

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

_(6 June 1991)_

The Spanish authorities have not classified the Bardenas
Reales area as a special protection area in accordance with
Article 4 of Directive 79/409/EEC.

No C 261/16 Official Journal of the European Communities 7. 10. 91

The Commission would inform the Honourable Member

that, according to the information at its disposal, the
Bardenas Reales firing range, which has been in existence
since 1951, is currently home to a large population of
steppe bird species and endemic flora.

In view of the above, the Commission considers that, as
long as the arrangements within the firing range do not
change, there is no incompatibility with Directive
79/409/EEC on the conservation of wild birds.

WRITTEN QUESTION No 765/91

by Mr Paul Lannoye (V)

to the Commission of the European Communities

_(29 April 1991)_

(91/C 261/31)

_Subject:_ Annexes to the proposed habitats directive

In March 1990 ( [!] ) the Commission proposed _Mustela_
_putorius_ (polecat) to be included in Annex II ('Species of
animals and plants threatened in the Community') to the
proposed directive on the protection of natural and
semi-natural habitats and of wild fauna and flora ( [2] ). In
February 1991 (*), the Commission modified its proposal
for this directive in response to the opinion of the
European Parliament ( [4] ). The modified proposal deletes
_Mustela putorius_ from the proposed Annex II to the
directive. This deletion is not recommended in the

opinion of the European Parliament.

Would the Commission:

1. disclose the information at its disposal to justify
classification of _Mustela putorius_ as a Community
threatened species in its proposal of March 1990, and

2. disclose the new information which came into its

possession between March 1990 and February 1991 to
explain why _Mustela putorius_ no longer fulfils the
proposed criteria for inclusion in Annex II to the
proposed directive as a threatened species in the
Community ( [5] )?

If the Commission has acquired no new information
during this period, would it indicate clearly the reasons
for its decision to delete _Mustela putorius_ from Annex II to
the proposed directive?

O COM(90) 59 final - OJ No C 195, 3. 8.1990.
O COM(88) 381 final — OJ No C 247, 21. 9.1988.
(») COM(91) 27 final, 8 February 1991.
( [4] ) European Parliament 1990—1991. Minutes of proceedings of
the sitting of Monday, 19 November 1990, Doc. PE 146.821

—
Debates of the European Parliament No 3-396.
(») COM(88)381final,Article3(a).

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

_(7 June 1991)_

On 19 November 1990 the European Parliament adopted
amendment 36 proposing the inclusion of the species
_Mustela putorius_ in Annex III to the proposal for a Council
Directive on the protection of natural and semi-natural
habitats and of wild fauna and flora.

The amendment, which was accepted by the Commission,
involves deleting this species from Annex II and making it
subject to a management plan within the meaning of
Article 14. The first aim of this plan, which cannot be
combined with the general system of protection referred
to in Article 12, is a precise assessment of population
levels. This approach coincides with the view of a number
of experts who stress the need first of all to gain a more
accurate picture of conservation status of the species.

WRITTEN QUESTION No 793/91

by Mr Jacques Vernier (RDE)

to the Commission of the European Communities

_(29 April 1991)_

(91/C 261/32)

_Subject:_ Community food aid for the Republic of
Armenia

Armenia has had special relations with several European
states, such as France, for a very long time. Having been
hit by a devastating earthquake causing damage which is
still far from being repaired, and by a blockade imposed
by the neighbouring Republic of Azerbaidzhan, Armenia
needs help even more than the rest of the Soviet Union. It
should in particular receive a substantial proportion of
Community food aid sent to the USSR. The Autonomous
Republic of Nagorno-Karabakh, which is faced with even
harsher problems, must also be remembered.

Could the Commission:

1. indicate the level of Community food aid currently
received by the Armenian Republic and the
Autonomous Republic of Nagorno-Karabakh?

2. obtain an undertaking from the Soviet authorities that
a specific and substantial proportion of Community
food aid sent to the USSR will be reserved for these

republics ?

3. set up efficient machinery to guarantee compliance
with these undertakings and the effective use of the
aid?

7. 10. 91 Official Journal of the European Communities No C 261/17

Answer given by Mr Andriessen
on behalf of the Commission

_(30 July 1991)_

1. The Commission has drawn the attention of the

Soviet authorities to the needs of Armenia, pointing out
that the food supply situation there gives considerable
cause for concern. The Soviet authorities have clearly
heeded this appeal as the list of aid recipients includes
1 000 tonnes of powdered mild and 1 000 tonnes of tinned
meat for Armenia.

2. The food aid operation to help the Soviet Union will
soon be taking concrete shape. The bulk of the products is
to be transported and distributed by non-governmental
organizations (NGOs), notably the Red Cross, Lazarus
Hilfswerk and Medicins sans frontieres. In addition to the

quantities of food for Armenia already mentioned certain
NGOs will be supplying products to Armenian
institutions and those in need.

Irrespective of where the food aid comes from it is up to
the Armenians themselves to decide if part of the aid
should go to Nagorno-Karabakh.

3. The NGOs will see to it that the products for which
they are responsible are properly distributed. The
Commission intends to call in an outside body to monitor
the operation.

WRITTEN QUESTION No 832/91

by Mr Carlos Robles Piquer (PPE)

to the Commission of the European Communities

_(3_ _May 1991)_

(91/C 261/33)

_Subject:_ Protection of nature in the Sierra Nevada (Spain)

The World Skiing Championship is to be held in the
Sierra Nevada (Spain) in 1995.

Although this will be of great interest as a sporting event,
damage resulting from the work which will need to be
carried out in this very beautiful region (classified as a
natural park) may cast a shadow over proceedings.

The Monachil river valley and the municipality of the
same name, where a speculation boom has started which
is bound to increase further as the date of the World

Championship approaches, may be particularly
vulnerable to damage.

The municipality of Dilar and the river of the same name
are threatened by other building projects.

Can the Commission say whether the protective aims laid
down by the European Community will be safeguarded in
22 this case and whether the system of aid planned under
the MEDSPA programme will be applicable.

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

_(13 June 1991)_

The Commission has learned from the Honourable

Member that infrastructure work might be carried out in
the Sierra Nevada.

As far as the Commission is aware, it has not been asked
to help fund the work which, in any case, must comply
with national and Community environmental legislation.

With regard to the request for funding under the
MEDSPA programme, the Commission would emphasize
that the purpose of this programme is to develop new
methods and techniques which may help improve the
environment and manage it more effectively. Under no
circumstances may its funds be used to limit
environmental damage caused by infrastructure projects.

WRITTEN QUESTION No 835/91

by Mr Carlos Robles Piquer (PPE)

to the Commission of the European Communities

_(3 May 1991)_

(91/C 261/34)

_Subject:_ Cooperation with the Eurimages Fund

The Eurimages Fund was set up by the Council of Europe
at the end of 1988 to promote and support European
film-making. This year it had a budget of several hundred
million French francs.

Has the Commission taken any position on this initiative,
either by ensuring that the criteria applied to it by the
Member States are consistent, by supporting it or by
seeking to improve coordination between it and the
bilateral co-production policies of the Member States?

Answer given by Mr Dondelinger
on behalf of the Commission

_(24 June 1991)_

The nature, objectives and _modus operandi_ of the
Eurimages Fund are quite different from the measures

No C 261/18 Official Journal of the European Communities 7. 10. 91

taken by the Community under its Media programme
(Action programme to promote the development of the
European audiovisual industry), adopted by the Council
on 21 December 1990 (').

The two instruments are complementary, the Eurimages
Fund being concerned with European co-productions
while the Media programme seeks to influence the
production environment without providing support for
productions as such.

As the Honourable Member points out, however, there
should be coordination of the various European
instruments. There has long been coordination on a
number of levels between the Council of Europe and the
Commission on all questions relating to the audiovisual
industry, and on 25 March this year the officials
responsible for audiovisual matters in the two institutions
met in Brussels to exchange views and coordinate their
work.

On the more specific matter of support for the
programme-making industry, the various European
bodies — Eurimages, Audiovisal Eureka and the leaders
of Media projects, notably the European Film
Distribution Office — have established the contacts

needed to coordinate their efforts.

O Decision 90/685/EEC: OJ No L 380, 31.12. 1990.

WRITTEN QUESTION No 852/91

by Mr Ben Visser (S)

to the Commission of the European Communities

_(3_ _May 1991)_

(91/C 261/35)

_Subject:_ Delays for lorries at the Polish-German frontier

In its issue of 16 March 1991 the magazine _Transport_
reported a considerable deterioration in the situation at
the border between Poland and Germany. Customs
officials are unable to cope with the influx of lorries,
which leads to long queues, long waiting periods and an
increasing number of flare-ups among the drivers.

1. How serious is the situation on the Polish-German

border and what problems have occurred?

2. Is the Commission prepared to take the matter up with
the authorities concerned so the problem can be
solved as soon as possible?

3. Is the Commission aware of problems on other East
European frontiers ?

Answer given by Mr Andriessen
on behalf of the Commission

_(30 July 1991)_

1. The problem raised by the Honourable Member is a
matter for the German and Polish authorities.

Nevertheless, the Commission realizes that there are
some difficulties at the Community's external frontiers.

2. In an effort to seek a remedy, particularly where
Poland is concerned, the Commission has started
cooperating with the Polish authorities in customs
matters with a view to instructing their customs
administration in the Community's clearance techniques.

3. The Commission is also aware of similar problems at
the frontiers with Hungary and Czechoslovakia. The
cooperation agreements with those countries include
Community assistance towards customs training in those
countries.

WRITTEN QUESTION No 870/91

by Mr Sergio Ribeiro (CG)

to the Commission of the European Communities

_(8 May 1991)_

(91/C 261/36)

_Subject:_ Levying of taxation on Community incentives

The entry into force of the new Official Audit Plan in
Portugal from the 1990 Financial Year means that
Structural Fund appropriations received by undertakings
as Community subsidies are subject to taxation on
collective earnings.

Should not the Community take measures to oppose this
procedure which is not only morally anomalous — since
the government is levying taxation on Structural Fund
resources — but also of doubtful legality, since the
Official Audit Plan is expressly intended to help bring
Portuguese legislation into line with Community
legislation in this area?

Answer given by Mrs Scrivener
on behalf of the Commission

_(2 August 1991)_

Community rules on accountancy harmonization contain
no provisions on taxation. However, in a number of

7. 10. 91 Official Journal of the

Community countries, annual accounts drawn up
according to tax law must be identical, or practically
identical, to annual accounts drawn up for information
purposes. In the case under consideration, where grants
and aid awarded to firms from the structural Funds

become an irrevocable part of those firms' resources, it is
necessary, for accounting purposes, to include such
income in the basis for determining their earnings.
However, such respect for accounting principles and, in
particular, the principle of giving a true and fair view as
advocated by the Fourth Directive, does not mean that
such aid and grants must enter into the calculation of
taxable profits. This is a decision which falls exclusively
within the scope of Member States' tax legislation.

The Commission has approached the Member States in
the past with a view to finding a common solution
providing for tax exemption for Community aid and
grants. However, this initiative came up against the fact
that aid and grants awarded under national programmes
are generally taxable. It would, therefore, appear difficult
to introduce preferential tax treatment for Community
aid and grants.

WRITTEN QUESTION No 873/91

by Mr Jose Torres Couto (S)

to the Commission of the European Communities

_(8 May 1991)_

(91/C 261/37)

_Subject:_ Automobile prices

What measures does the Commission intend to take

within the context of the 1993 internal market to correct

the present distortion in sales prices of automobiles in the
Community where the difference in prices between some
Member States is as much as 1 : 4?

Answer given by Mr Bangemann
on behalf of the Commission

_(14 June 1991)_

The Commission has already described the action it is
taking with regard to differences in car prices in its answer
to Written Question No 2396/90 by Mr Maher (').

( [l] ) OJNoC232,5.9. 1991, p. 4.

European Communities No C 261/19

WRITTEN QUESTION No 916/91

by Mr Carlos Robles Piquer (PPE)

to the Commission of the European Communities

_(15 May 1991)_

(91/C 261/38)

_Subject:_ Control of published scientific results

An American doctor born in Ireland, Margot O'Toole,
who is a researcher in molecular biology, was recently
acclaimed by the United States' national health
institutions for her heroic work. This brought to a
satisfactory conclusion a process that had lasted some 15
years from the moment when, with admirable scientific
probity, Dr O'Toole dared to denounce the existence of
false data in a paper published in the journal _The Cell,_
which will now be issuing the appropriate correction.

In view of the large number of research projects carried
out under the framework programme, their variety and
the fact that they bring together different nationalities,
does the Commission think that its systems of assessment
and control are sufficiently effective to ensure that
mistakes of this kind are largely avoided?

Answer given by Mr Pandolfi
on behalf of the Commission

_(2_ _July 1991)_

The Commission is aware of the debate in the USA

concerning the credibility of published scientific results.

However, the example given by the Honourable Member
shows that intentionally or unintentionally false scientific
results are discovered and corrected by peer discussion
and review.

With regard to the project carried out under the
Community research programmes, it is likewise the
scientists engaged in these projects who bear the entire
responsibility for the scientific results and their
publication. However, the requirement for cooperation
between scientists from at least two Member States for

each research project creates particularly favourable
conditions for ensuring that errors in the scientific work
are avoided by mutual scientific control.

WRITTEN QUESTION No 921/91

by Mrs Cristiana Muscardini (NI)

to the Commission of the European Communities

_(15 May 1991)_

(91/C 261/39)

_Subject:_ Petrol prices

What steps will the Commission take to ensure that the
reasons for fluctuating petrol prices in Italy are presented

No C 261/20 Official Journal of the European Communities 7. 10. 91

with due transparency? How can the Italian inflation rate
be pegged back, bearing in mind that it is pushing up and
being pushed up by the public sector deficit, thus making
it difficult for Italy to be integrated into the single
European market? Will the Commission not harmonize
petrol prices in the twelve Community Member States?

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

_(2 July 1991)_

The Commission does not intend to take action

concerning the fixing of prices before duty and tax in the
Member States provided that the price mechanisms in
force are compatible with the Treaty and that prices
reflect market conditions.

Each week the Commission publishes an oil bulletin
monitoring the price trend in each of the Member States;
it has noted that the ruling prices in Italy for
premium-grade petrol before duty and tax are slightly
higher than the European average.

Italy has the highest consumer prices in Europe for
premium-grade petrol. This is due to the tax levied. In the
run-up to completion of the single market in 1993, the
Commission has forwarded to the Council proposals to
harmonize rates of excise duties and VAT.

The adoption of these measures should reduce the
differences in consumer prices which exist at present.

WRITTEN QUESTION No 941/91

by Mr David Martin (S)

to the Commission of the European Communities

_(15 May 1991)_

(91/C 261/40)

_Subject:_ Verification of the decision of the Member
States meeting within the Council to suspend
imports of iron and steel from the Republic of
South Africa

Can the Commission explain why it is unable to verify the
national application of the decision of the Member States
meeting within the Council of 16 December 1986
imposing an embargo on imports of steel products
originating in South Africa (answer to Written Question
No 667/89) O ?

Is it because the decision has been taken by Member
States meeting within the Council and not by Council

itself? If this is the case can the Commission explain how
such a decision, adopted pursuant to the ECSC Treaty,
within ECSC Decision 86/459/ECSC ( [2] ) and printed in
the Official Journal differs from an ordinary decision of
the Council and why it is that the Commission cannot
verify the legal undertakings thus entered into by the
Member States?

O OJNoC63, 11.3. 1991, p. 1.
O OJNoL268, 19.9. 1986, p. 1.

Answer given by Mr Andriessen
on behalf of the Commission

_(30 July 1991)_

The Commission has no authority to verify the
implementation of the Decision of the Representatives of
the Governments of the Member States meeting within
the Council on the suspension of the imports of
certain iron and steel products originating in South
Africa (86/459/ECSC as modified by 88/280/ECSC),
since this Decision is not a Community act, but
an inter-governmental agreement ('accord en forme
simplifiee') between the ECSC Member States, and is
therefore not subject to the Community procedures
relating to treaty infringements (Article 88 ECSC Treaty).

WRITTEN QUESTION No 943/91

by Mr Kenneth Collins (S)

to the Commission of the European Communities

_(15 May 1991)_

(91/C 261/41)

_Subject:_ Environmental problems associated with large
cooling towers

Is the Commission aware of the findings published in a
paper 'Environmental problems associated with large
cooling towers' presented at the Annual Conference of
the National Society for Clean Air and Environmental
Protection in October 1990?

Is it aware that there are doubts about the bacteriological,
viral and chemical composition of drift droplets from
cooling tower sites, particularly where the water for
the cooling towers is drawn from highly polluted
environments?

If not, will the Commission undertake to make itself
aware of these findings, examine whether or not they can
be replicated in other parts of the Community and make
recommendations for policy changes as a result?

7. 10. 91 Official Journal of the European Communities No C 2.61/21

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

_(13 June 1991)_

The Commission is aware of the paper given by Mr
Norman Parkinson, presented to the annual conference
of the National Society for Clean Air and Environmental
Protection, on environmental problems associated with
large cooling towers.

In particular, the paper drew attention to whether
micro-organisms in droplets from cooling towers could
act as a potential health hazard. As the paper made clear,
little data exists on the environmental quality of such
droplets, but research which has taken place in the United
Kingdom and Germany has not shown that there is any
cause for immediate concern. The paper concluded that
further research into the composition of droplets from
cooling towers would be desirable. The Commission
understands that work on such a research project is
already under way in the United Kingdom, and is writing
separately to Mr Parkinson, asking to be informed of the
conclusions arising from the research.

WRITTEN QUESTION No 972/91

by Mr Luigi Moretti (ARC)

to the Commission of the European Communities

_(17 May 1991)_

(91/C 261/42)

_Subject:_ Delays by the Italian authorities in implementing
Community rules in respect of registration with
the Italian vehicle licensing authorities of
vehicles imported from Community Member
States

On 20 March 1990, Written Question No 646/90 (') on
the registration with the Italian vehicle authorities of
vehicles imported from Community Member States was
tabled to the Commission.

The Commission answered that 'Member States cannot

require such documents issued in other Member States to
be authenticated or to comply with a model determined by
the Member State of import'.

This confirmed that the Italian authorities were acting
illegally in continuing to impose this requirement in
respect of documents issued for the purpose of registering
vehicles purchased in another Member State.

By letter of 26 March 1991, more than one year after this
written question was tabled, Mrs Giovanna Robba
complained of exactly the same problem with the Italian
authorities.

How much longer will it take before Italian consumers
are assured of fair treatment at the hands of the Italian

authorities in accordance with Community rules?

Has the Italian Ministry of Transport fully explained
its actions to the Commission in response to the
request mentioned in its answer to Written Question

No 646/90?

O OJNoC272,29.10.1990, p. 20.

Answer given by Mr Bangemann
on behalf of the Commission

_(2 July 1991)_

As a result of the Commission's intervention, the Italian
authorities published circular No 59 of 5 April 1991 which
resolves the problems raised by the Honourable Member,
i.e. the Italian authorities no longer require the
authentication of the documents in question.

WRITTEN QUESTION No 987/91

by Mr Louis Lauga (RDE)

to the Commission of the European Communities

_(17 May 1991)_

(91/C 261/43)

_Subject:_ Feasibility study for intensive alligator breeding

A feasibility study has been financed by the Community as
part of the IMP 'tourism' subprogramme in the Aquitaine
region.

The Commission states that it is unable to give an opinion
on the findings of this study since it has not yet received
them.

Does the Commission consider that it should limit its

activities to financing such studies and have no say in
respect of the findings and the use thereof by the
recipients?

Answer given by Mr Millan
on behalf of the Commission

_(irJuly_ _1991)_

The Commission, in its answer of March 1990 to Written
Question No 226/90 by Mr Monnier-Besombes ('), states
that a feasibility study has been carried out as part of the
IMP 'tourism' subprogramme on the setting up of an
intensive alligator farm in the commune of Hagetmau. It
states also that it has not yet received a request to 'make
use of Community assistance to carry out the project.

No C 261/22 Official Journal of the European Communities 7. 10.91

In May 1991 the French authorities informed the
Commission that, on the basis of the findings of the
abovementioned study, Hagetmau had submitted a file on
the implementation of the project and that it was being
examined by the regional authorities, as required under
the IMP management procedure.

Should the project be adopted, the Commission will check
that it complies with the relevant measure in the IMP
'tourism' subprogramme and see to it, as in the past, that
Community provisions, in particular those relating to
environmental protection, are observed.

(') OJNoC266,22. 10.1990.

WRITTEN QUESTION No 1006/91

by Mr Gianfranco Amendola (V)

to the Commission of the European Communities

_(17 May 1991)_

(91/C 261/44)

_Subject:_ Implementation in the Member States of the
EP's resolution on abolishing the use of animals
in weapons testing

In its resolution' adopted on 17 February 1989 ('), the
European Parliament called 'on all EC Member States to
formulate proposals for national legislation for the
abolition of the use of animals in weapons testing'.

1. Can the Commission state whether this resolution has

been followed up and, if so, how and by which
Member States?

2. Does the Commission not intend, in any case, to
propose a regulation banning such unnecessary
testing?

O OJ No C 69, 20. 3. 1989, p. 193.

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

_(12 July 1991)_

1. The Commission has no information on any
national measures in the Member States to regulate the
use of live animals in experiments relating to the
development of weapons systems or, more generally,
experiments relating to defence.

2. The legal base provided by the current Treaties does
not allow the scope of Directive 86/609/EEC ('), which
lays down Community rules on the use of animals for
experimental purposes, to be extended to cover the field
of weaponry. It should be noted, however, that in
adopting the Directive in 1986 the Member States
undertook, in their resolution of 24 November 1986 ( [2] ),
to authorize the use of animals in experiments only for the
purposes explicitly referred to in the resolution. Arms
manufacture and testing is not mentioned in the
resolution.

(') OJNoL358,18.12.1986.
O OJNoC33i;23.12.1986.

WRITTEN QUESTION No 1012/91

by Mrs Anita Pollack (S)

to the Commission of the European Communities

_(15 April 1991)_

(91/C 261/45)

_Subject:_ Use of animal testing for cosmetics

Under the 1986 Directive on animal testing Member
States should have produced statistics on the amount of
animal testing in each country for cosmetic purposes.

Is it the case that the only figures which have been
produced are from the Netherlands and the UK for the
purposes outlined, and from Germany and France only as
global figures for animal testing? What steps are being
taken to follow up this lack of appropriate response from
Member States?

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

_(17 July 1991)_

The collection of statistical information on the use of

animals for experimental purposes is governed by
Directive 86/609/EEC O and in particular Article 13
thereof, which provides that the Member States should
collect and periodically make publicly available such
information. However, the Directive does not specify
how often the information should be published.

Furthermore, under Article 26 of the Directive the
Member States must forward a summary of the
information collected to the Commission at regular
intervals, for the first time in 1991.

B t o ^ t Official Journal of the Luropean Communities ^ o C ^ P B ^

COnce the Commission has received the summariesmt will

prepare a report for the Council and Parliament as
provided for in the aforesaid article of the lOirective^

C ^ I ^ o L ^ U e n e t ^ D

byMr]oh^McCartin(PP^

to the Cor^iTnission of the European Communities

^ ^ ^ ^ ^

^ t B C ^ t B ^

^ ^ c r . Compensatory allowances in less favoured areas
in Ireland

t. Can the Commission state whether compensatory
allowancesrelated tolivestockunitscanbepaid to all
farmers operating within the regions already classified as
less favoured in Ireland^

^. Can theCommissiongivedetailsof theproposals
submitted by thelrishCovernment for the e^tensionof
the areas which it classifies as severely handicapped'and
can the Commission give a precise description of the
further areasthatareproposedforinclusion^either by
townland or by district electoral divisions

Answer ^iven by Mr Mac gharry
o^ behalf of the Commission

^ ^ ^ ^

n farmers can claim compensatory allowances
provided their holdings are situated in an area classified as
less favoured. Common criteria have been established by
the Community for the granting of compensatory
allowances' Conditions have been fi^ed regarding the
obligation of beneficiaries^ e.gD they must farm atleast
three hectares of utilizable agricultural area and must
undertaketopursueanagriculturalactivity for at least
fiveyearsD

Compensatory allowances are a nonDcompulsory
Community structural measured supplementary
conditions can therefore be applied byaMember^tate^

^. The Commission has recently adoptedaproposal to
the Council for the extension of lessfavoured areas in

Ireland by about ^00 000 ha. The initial application bythe
Irish Covernment for the extension of the areas^ classified

as ^severely handicapped^ was received by the
Commission on l ^ j u n e t ^ 0 ^ subsequently^ the Irish
authorities informed the Commission that they intended
to modify this application.The modified request^when it
is received^will have to be examined by the Commission
and discussed in partnership with the competent Irish
authorities.

The designation of areas for classification as ^severely
handicappedMs at present under discussion with the Irish
authorities and details of the areas concerned will be

furnished to the Honourable Member once the

Commission has made its decision on the matter.

^ ^ T T ^ ^ ^ ^ T t ^ ^ ^ o i i ^ ^ i

b y M r s ^ a y m o n d e O u r y ^

to the Commission of the European Communities

p o A ^ ^ ^

^ P B C ^ I B ^

^ ^ c r . Community participation i n a i ^ ^ p l a n against

natural disasters

In t ^ ^ the united nations Ceneral Assembly declared
the years t ^ O B ^ ^The international decade of
prevention of natural disasters' (see the newspaper A^
^ ^ ^ M a y P ^ ^ t ^, This initiative entails an effort to raise
funds to protect the most vulnerable countries. Is the
Community as such involved in this programmed If so^ at
what levels

Answer ^iven by Mr ^ipadiMeana
on behalf of the Commission

The Commission would inform the Honourable Member

that the Community will participate inthe international
decade of prevention of natural disasters within the
framework of European ^ear of Civil Protection
l ^ B t ^ ^ as provided for in the resolution adopted on
^^ovemberr^OpDD

This contribution will consist mainly of active
coordination and will be supported by Community
funding.

^ e ^ o C ^ m ^ n r t ^ o .

^ ^ T T E ^ ^ C l ^ T t ^ ^ ^ o t ^ ^ B ^

byMrMi^uelAriasCanete(PPE^

to the Commission of the European Communities

t ^ t B C ^ l B ^

^ ^ c r, fishing activityin Falkland Island waters

The Falkland Islands fishing zone has traditionally been
of great importance to the Community freezer fleets
although a reduced quota of licences is being granted

No C 261/24 Official Journal of the European Communities 7. 10. 91

annually through private agreement, without any
assistance from the national or Community authorities.
This fishing zone is of particular importance at present
since it could represent an alternative to the closure of the
Namibian fishing zone and provide some relief for the
critical situation currently affecting the freezer fleet.

Is the Commission considering the possibility of a
negotiating brief with the United Kingdom over a special
fishery regime in Falkland Island waters?

Answer given by Mr Marin
on behalf of the Commission

_(24 July 1991)_

The Commission is aware of the importance that fisheries
in the waters off the Falkland Islands represent for certain
Community fishing interests. It is therefore currently
studying the most appropriate means to protect, and if
possible increase, the fishing possibilities in the
south-west Atlantic area.

WRITTEN QUESTION No 1231/91

by Mr Gerardo Fernandez-Albor (PPE)

to the Commission of the European Communities

_(11 June 1991)_

(91/C 261/49)

_Subject:_ Community coordination of the publication and
distribution of leaflets concerning rural tourism

It has. recently become common practice for various
European travel agencies to publish leaflets about rural
tourism accommodation in various districts of the

Member States in order to encourage their clients to visit
such areas.

The proliferation of such leaflets does not necessarily
mean that they are distributed properly and many
Community citizens who would like to have access to
them cannot get hold of them.

Does the Commission not consider that it is within its

sphere of competence in the field of Community tourism
policy to both coordinate the various ways of distributing
leaflets published by private concerns and to encourage
and support the publication of leaflets and guides which
publicize as widely as possible the opportunities offered
by rural tourism in the various parts of the Community?

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

_(8 August 1991)_

Tourists are indeed still unaware of all the

accommodation and holiday facilities available in rural

areas. Hence the need for brochures and leaflets to

provide information on the supply of tourist products in
such areas. However, as emphasized by the Honourable
Member, a proliferation of brochures does not necessarily
mean that the information is getting through to potential
tourists. For that reason, in order to enhance the impact
of such brochures, it is essential for operators to target
their potential customers carefully and present an
attractive package comprising practical information for
tourists.

In the communication on 'Community action to promote
rural tourism' ( [!] ) and the 'Community action plan to assist
tourism' ( [2] ) which the Commission recently presented to
the Council and Parliament, there is provision for
measures to furnish tourists with better information on

rural tourism products, particularly through support for
the promotion of rural tourism. This could take the form
of assistance with the publication of brochures or
subject-related guidebooks listing products in a group of
regions or Community countries, or even throughout the
Community.

The task of publishing and distributing such brochures
obviously does not form part of the Commission's direct
role but rather falls within the scope of the measures to be
undertaken by the operators whom the Commission
wishes to support, but not replace.

The Community measures are, however, aimed at
encouraging coordination and cooperation between
operators so that they themselves see to it that such
brochures are efficiently produced and distributed, thus
permitting the appropriate promotion and harmonious
development of rural tourism in the Community. Two
other possible measures, namely the creation of a
European signposting system and the adoption of a
quality label, should also encourage the coordinated
promotion of rural tourism at Community level.

(') COM(90) 438 final.
O COM(91)97 final.

WRITTEN QUESTION No 1338/91

by Mr Bernard Antony (DR)

to the Commission of the European Communities

_(24 June 1991)_

(91/C261/50)

_Subject:_ Lifting sanctions against South Africa

On 1 February 1991 President De Klerk announced the
abolition of the last remaining apartheid laws. This means
that there is no longer any excuse for maintaining against
the Republic of South Africa sanctions which have the
effect of slowing down its economic development. South
Africa, with its abundant natural and human resources
and economic structures, represents Southern Africa's
best chance of emerging from a state of underdevelopment.

B 1 0 ^ 1 CoHicial Journal or the Luropean Communities ^ o C ^ P B ^

The sanctions have also led toadeterioration in the social

climate, therehv affecting all communities in ^outh Africa
and aggravating ethnic conflicts'

Under these circumstances, is the Commission willing to
lift the sanctions imposed on ^outhAfricaB

Answergivenh^^rAndriesse^i
o^ behalf of the Commission

^ ^ ^ ^

The hulk of the restrictive measures taken bv the ^

Communitv countries against ^outh Africa, notablv those
adopted in 1 ^ ^, fall within the scope of European
Political Cooperation.The Commission has exercised its
powerof initiative onlv with regard to those measures
that are specifically Communitv measures, ne, those
adopted i n t ^ D .

The latter comprise a freeze on imports of gold coins
(^krugerrands^ and certain iron and steel products
originating in ^outhAfrica^COn^D^viarch of this vear the
Commission transmitted to the Council two proposals
aimed atliftingthese trade sanctions'

These Commission proposals were the subject of a
consensus among the foreign ministers of theTwelve
meeting withintheframeworkofFoliticalCooperation
on t ^ A p r i l t ^ n However, the formal adoption of the
relevant legislative te^ts ^an LLC Regulation and an
LC^C Precision bv the member ^tates^ representatives
meeting within the Councils is still being held up b^ one
member ^tate^sneed to subject them to the scrutinv of its
Parliament.

^ ^ T T E ^ ^ U E ^ T t ^ ^ ^ o i ^ O ^ B ^ i

bv^rValervC^iscaTddEstamg^LIO^

to the Commission of the Eu^ropea^Commumties

^ t B C ^ o t B ^

^ ^ c r . Economic and monetarvunion

^ h a t is the state of progress of the work of the
Intergovernmental Conference on Economic and
^ionetarvUnion and how does the Council intend to

implement the second stage of ^ionetarv Unions Can it
savin detail what developments it envisages in the use of
theECL^

^ ^ I T E r E ^ ^ U E ^ T ^ ^ ^ o i ^ i ^ B ^ i

h^^rJeanClaude Martinez ^10^

to the Commission ofthe European Communities

^ t B C ^ D ^ B ^

^ ^ c r B E c o n o m i c and monetarv union

In the current state of negotiations within the
lntergovernmentalConference,cantheCouncilanswer
the following^

Civenthat economic and monetarv union involvesa

transfer of powers to the Communitv authorities,
including theEuropeanCentral Bank, inrespectof
short-term economic policv, structural policv and
monetarv policv, andsincefiscalpolicvhasalreadv
been centralized as a result of harmonization at

Communitvlevel, can the Council listthe areas of
economic and budgetary competence remaining in the
hands of the member ^tates^ls it intended to applv
theprincipleof subsidiaritvortheprincipleof sole

competences

^, If it is no longerpermissible to fund budget deficits bv
use of the monetary instrument or from financial
market^asadvocatedbvtheEuropeanParliament^,
will the runningof budget deficits bvthe member
states be banned altogether^

If so,will the principle of the budgetary balance be
embodied in positive Communitv law^

^ Inviewoftheintroductionof asinglecurrencv,the
ECU, what steps will be taken to promote this
measure during the transitional phase^^hat links will
be established between the private and public ECU^

Jointanswerto written questions c^osi^O^B^t and

1 would remind the honourable member that the

E u r o p e a n C o u n c i l m a d e p r o v i s i o n a t i t s m e e t i n g o n ^
a n d ^ October t ^ O for interinstitutional meetings in
addition to the regular talks between the president of the
Conference, the President of the Commission and the
President of the Parliament,while the latter will also be
able to give his views before the start of some Conference
meetings.

l a m certain that it will be possible on these occasions to
discuss the questions put and anv other matter concerning
the currentrevision of the Treaties.