Source: EURLEX
Language: en
Format: md

# Orhcial Journal ^ p ^ / * / * • • -g -w- -g C207 ISSN 0378-6986

Volume 33
#### of the European Communities 20*^*1*90

##### English edition Information and Notices

Notice No Contents Page

I _Information_

European Parliament

_Written Questions with answer_

90/C 207/01 No 596/89 by Mr Juan Ramirez Heredia, Mrs Maria Belo, Mrs Carmen Diez de
Rivera Icaza, Mr Gerhard Schmid, Mr Dionysios Livanos, Mr Francisco Sanz
Fernandez and Mr Juan de la Camara Martinez to the Commission

Subject: Public safety 1

90/C 207/02 No 754/89 by Mr Carlos Robles Piquer to the Commission

Subject: Community aid for economic recovery in Argentina 2

90/C 207/03 No 756/89 by Mr Eisso Woltjer and Mr Bernard Thareau to the Commission
Subject: Intra-Community trade in livestock and meat 2

90/C 207/04 No 760/89 by Mrs Cristiana Muscardini to the Commission
Subject: Refugees from the Eastern European countries 3

90/C 207/05 No 845/89 by Mr Gerardo Fernandez Albor to the Commission

Subject: Taxation of literary prizes 4

90/C 207/06 No 913/89 by Mr Yves Verwaerde to the Commission
Subject: Road safety regulations 4

90/C _207/07_ No 1303/89 by Mr AdrienZeller to the Commission

Subject: Rules on vehicles which can be driven without a licence 4

Joint answer to Written Questions Nos 913/89 and 1303/89 4

90/C 207/08 No 930/89 by Sir James Scott-Hopkins to the Commission

Subject: Speech by Sir Nicholas Goodison 5

90/C 207/09 No 973/89 by Mrs Winifred Ewing to the Commission
Subject: Zero rate of VAT for island transport 5

2 (Continued overleaf)

Notice N o Contents (continued)

9 0 / C 207/10 N o 1002/89 by M r Dimitrios Nianias to the Commission

Subject: Water supply problems on Chios 6

9 0 / C 207/11 N o 1048/89 by M r James Ford to the Commission

Subject: VAT on second-hand items — implications for charities 6

9 0 / C 207/12 N o 1075/89 by M r Carlos Carvalhas to the Commission

Subject: Implications of the internal market for customs agents 7

9 0 / C 207/13 N o 1080/89 by M r Georgios Romeos to the Commission

Subject: Problem of competition in the Community tourist industry 7

9 0 / C 207/14 N o 1112/89 by M r Dieter Rogalla to the Commission

Subject: Retirement plans 8

9 0 / C 207/15 N o 1132/89 by Mrs Birgit Cramon-Daiber to the Commission

Subject: A statute for European cooperatives 9

9 0 / C 207/16 N o 1161/89 by M r Mihail Papayannakis to the Commission

Subject: Survival of the monk seal 9

9 0 / C 207/17 N o 1185/89 by M r Gerard Monnier-Besombes to the Commission

Subject: Compatibility of certain development policies with Directives on the conservation of
the biological heritage 10

9 0 / C 207/18 N o 1202/89 by M r Fernand Herman to the Commission

Subject: Draft Italian law on the subcontracting of public works contracts 10

9 0 / C 207/19 N o 1204/89 by M r Detlev Samland to the Commission

Subject: Codetermination in research institutes in the European Communities 11

9 0 / C 207/20 N o 1262/89 by M r Victor ArbeloaMuru to the Commission

Subject: Aid to Palestinians in the occupied territories 12

9 0 / C 207/21 N o 416/90 by M r Victor Manuel Arbeloa M u r u to the Commission

Subject: Aid for Palestinians evicted from their homes 12

Joint answer to Written Questions Nos 1262/89 and 416/90 12

9 0 / C 207/22 N o 1283/89 by M r Gerard Deprez to the Commission

Subject: Measures envisaged for Czechoslovakia 13

9 0 / C 207/23 N o 1306/89 by M r George Patterson to the Commission

Subject: Strike action at the port of Calais 13

9 0 / C 207/24 N o 1310/89 by M r Georgios Romeos to the Commission

Subject: Pollution of the Aegean by a Turkish thermoelectric power-station 14

9 0 / C 207/25 N o 27/90 by M r Alexandras Alavanos to the Commission

Subject: Environmental impact of the power-station due to be built near Izmir in Turkey 14

Joint answer to Written Questions Nos 1310/89 and 27/90 14

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Notice No Contents (continued)

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No 14/90 by Mr Klaus Hansen to the Commission

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Subject: British immigration requirements for Turkish citizens travelling in groups 14

N o 31 /90 by Mrs Raymonde Dury to the Commission

Subject: Community rules on the free movement of persons 15

N o 33/90 by M r Florus Wijsenbeek to the Commission

Subject: Special provisions in European legislation affecting the German Democratic Republic 15

N o 52/90 by M r J. Vandemeulebroucke to the Commission

Subject: Art forgeries and the internal market 15

N o 53/90 by M r J. Vandemeulebroucke to the Commission

Subject: Experts' assessments in the insurance sector and the establishment of the internal
market 16

N o 65/90 by M r Artur da Cunha Oliveira to the Commission

Subject: Prostitution of children and juveniles in Aveiro 16

N o 70/90 by M r Llewellyn Smith to the Commission

Subject: Safety of transport arrangements forplutonium, etc 17

N o 82/90 by M r Elio Di Rupo to the Commission

Subject: Transborder cooperation against industrial pollution 17

N o 89/90 by M r Pedro Canavarro to the Commission

Subject: Eucalyptus plantations in Portugal and Spain 19

N o 90/90 by M r Pedro Canavarro to the Commission

Subject: Eucalyptus plantations, 19

Joint answer to Written Questions Nos 89/90 and 90/90 19

N o 91/90 by Mrs Jessica Larive to the Commission

Subject: Right of abode for foreigners in Italy 20

N o 112/90 by Mrs Astrid Lulling to the Commission

Subject: Exchange of information between tax authorities 20

N o 113/90 by Mrs Astrid Lulling to the Commission

Subject: Application of the Council of Europe Convention of 20 April 1959, including the
protocol on tax offences 21

N o 133/90 by Mrjannis Sakellariou to the Commission

Subject: Situation of the Yanomami indians in Brazil 21

N o 135/90 by M r Florus Wijsenbeek to the Commission

Subject: Transport by barge 22

N o 142/90 by Mrs Anita Pollack to the Commission

Subject: Environmental measures and the Phare programme 22

N o 160/90 by M r Roberto Barzanti, M r Dieter Schinzel, M r Antonio Coimbra
Martins and Mrs Marie-Claude Vayssade to the Commission

Subject: Letter from the Commission to AMEF shareholders 23

(Continued overleaf)

Notice N o Contents (continued) Page

9 0 / C 207/43 N o 185/90 by M r Filippos Pierros to the Commission

Subject: Implementation of the Integrated Mediterranean Programme for the Peloponnese and
Western Greece 23

9 0 / C 207/44 N o 189/90 by M r Carlos Carvalhas to the Commission

Subject: Growth in the financial sector 23

9 0 / C 207/45 N o 191/90 by M r Carlos Carvalhas to the Commission

Subject: Portugal's export quota for iron and steel products to the USA up to 30 March 1992 .. 24

9 0 / C 207/46 N o 192/90 by M r Carlos Carvalhas to the Commission

Subject: The Portuguese natural gas grid scheme 24

9 0 / C 207/47 N o 216/90 by M r Filippos Pierros to the Commission

Subject: Function and evaluation of the European Information Centres 24

9 0 / C 207/48 N o 222/90 by M r Yves Verwaerde and M r Jean-Pierre Raffarin to the Commission

Subject: Policy to promote SMEs 25

9 0 / C 207/49 N o 223/90 by M r Joao Cravinho to the Commission

Subject: Infringement proceedings against Portugal 26

9 0 / C 207/50 N o 250/90 by M r Dimitrios Nianias to the Commission

Subject: EP resolution of 18 January 1990 on the situation in Armenia 26

9 0 / C 207/51 N o 256/90 by M r Jaak Vandemeulebroucke to the Commission

Subject: The development of tourism in former industrial areas _27_

9 0 / C 207/52 N o 266/90 by M r Bouke Beumer to the Commission

Subject: Lack of R and D activities by Japanese undertakings in Europe 27

9 0 / C 207/53 N o 295/90 by M r Maxime Verhagen to the Commission

Subject: Squandering of development aid funds as a result of corruption 28

9 0 / C 207/54 N o 296/90 by Mrs Cristiana Muscardini to the Commission

Subject: Danger of contracting AIDS in the exercise of certain occupation 28

9 0 / C 207/55 N o 297/90 by Mrs Cristiana Muscardini to the Commission

Subject: Danger of contracting the AIDS virus in the exercise of paramedical occupations . . . . 28

Joint answer to Written Questions Nos 296/90 and 297/90 29

9 0 / C 207/56 N o 301/90 by M r Giuseppe Mottola to the Commission

Subject: European Tourism Year 29

9 0 / C 207/57 N o 320/90 by Mrs Winifred Ewing to the Commission

Subject: European Year of Tourism 30

9 0 / C 207/58 N o 323/90 by Mrs Winifred Ewing to the Commission

Subject: Zero rated VAT for UK charities 30

9 0 / C 207/59 N o 334/90 by M r Mihail Papayannakis to the Commission

Subject: Infringement of Directive 79/409/EEC 30

Notice No C^ontents^continued^ r ^

90/C^O^/oO No355/90 by MrY^^VerwaerdeandMr Jean-Pierre Raffarin totheCommission
Subject: ^nergypolicy^nuclearenergy^ 31

90/C^OB^/oI No3^0/90byMrJean-FierreRaffarintotheCommission

Subject:An^AtlanticArc^ route inaforthcoming cycle tourof the Community 3^

90/C^O^/o^ No3^/90byMrJean-Pierre^affarintotheCommission

Subject: SymposiumoftheEuropean Secretariatfortheiiberalprofessions 3^

90/C^0^/o3 No 3^1/90 by MrCarlosRoblesPiquertotheCommission
Subject: .Phe automobile industryfaced^ith the Japanese invasion 3^

90/C^0^/o4 No390/90byMrRiliooosPierrostothetSommission
Subject: Delay in payment of Community funds to Greece under the Integrated Mediterranean
programmes 33

90/C^0^/o5 No40o/90byMrMa^meVerha^entotheCommission
Subject: L^nla^vful^illingsinMberia 33

90/C^O^/oo No4I5/90byMrVictorManuelArbeloaMurutotheCommission
Subject: Cooperation ^ithAsia and PatinAmerica 34

90/C^O^/o^ No4^0/90byMrVictorManueiArbeloaMurutotheCommission
Subject: Indicative aid programmes for I^^anda 34

90/C^O^/o^ No4^I/90byMrVictorManuelArbeloaMurutotheCommission

Subject: ^Phe real resources of theACI^ countries in relation to aid programmes 35

90/C^0^/o9 No4^5/90byMrJoseBarrosMouratotheCommission
Subject: lLOOreporton second-generation immigrants 35

90/C^0^/^0 No43I/90 by Mr YvesVerwaerdeandMr Jean-Pierre Raffarin to theCommission
Subject: ^igh definition television 35

90/C^OB^/^I No433/90byMrAlainLamassouretotheCommission
Subject: ^.ecoveryofbusiness debts in intra-Communitytrade 3o

9 0 / C ^ O ^ / ^ No439/90byMr^otirisKostooouiostotheCommission
Subject: removal of disparities in the audio-visual sector 3o

90/C^0B^/^3 No44^/90byMrAntoniGutierrezl0taztotheCommission
Subject: eights andfreedomsinAndorra 3^

90/C^0B^/^4 No4oO/90byMrJoseAivarezdePaztotheCommission

Subject: ^Phe^orkProgrammefort^O^orkerprotectionandmining accidents 3^

90/C^0^/^5 N o 4 ^ / 9 0 by Mr Jean-Pierre Raffarin to theCommission
Subject: Involvementofregional authorities in combating drugs 3^

90/C^O^/^o No5I0/90 by Mr Joaquin 5isoCruellastotheCommission
Subject: Shortcomings in the sales service for European Communitypublications 3^

9 0 / C ^ O ^ / ^ No5I3/90byMrJoaquin5isoCruellastotheCommission
Subject: Community study on trade between the Maghreb countries 3^

^Continued overleaf

Notice N o Contents (continued)

9 0 / C 2 0 7 / 7 8

90/C207/79

90/C207/80

90/C207/81

90/C207/82

90/C207/83

90/C207/84

90/C207/85

90/C207/86

9 0 / C 2 0 7 / 8 7

9 0 / C 2 0 7 / 8 8

90/C207/89

90/C207/90

90/C207/91

90/C207/92

90/C207/93

90/C207/94

90/C207/95

N o 519/90 by M r Gianfranco Amendola to the Commission

Subject: Criminal liability of members and officials of the Commission of the European
Communities 39

N o 520/90 by Mrs Patricia Rawlings to the Commission

Subject: Whereabouts of a cultural delegation in London 40

N o 521 /90 by M r Ben Fayot to the Commission

Subject: Laundering of proceeds from drug trafficking (narcodollars) 40

N o 549/90 by M r Patrick Cooney to the Commission

Subject: Aid for Palestinian refugees 41

N o 562/90 by Mrs Anita Pollack to the Commission

Subject: Freight transport and 1992 41

N o 566/90 by M r Ernest Glinne to the Commission

Subject: Genetic examination and life assurance 42

N o 568/90 by M r Jean-Marie Le Chevallier to the Commission

Subject: Study on immigration in the Community 42

N o 584/90 by M r Gerard Deprez to the Commission

Subject: Revitalization of the Association Agreements with the countries of Eastern Europe . . . 43

N o 589/90 by M r Gefard Deprez to the Commission

Subject: Revision of Cocom provisions 43

N o 601/90 by M r Stephen Hughes to the Commission

Subject: Development assistance to French Polynesia 43

N o 611/90 by Mrs Marie-Christine Aulas to the Commission

Subject: Extent of European aid to Israel 44

N o 629/90 by M r Francois-Xavier de Donnea to the Commission

Subject: Community firms affected by Article 223 (2) of the EEC Treaty 44

N o 740/90 by M r Fernando Perez Royo to the Commission

Subject: Future of the profession of 'Corredor de Comercio' (broker) 44

N o 766/90 by M r Jean-Claude Pasty to the Commission

Subject: Community employment initiatives in the departement of the Creuse 45

N o 771/90 by M r Pierre Lataillade to the Commission

Subject: Application of the Directive on public works contracts (advertising rules) 45

N o 772/90 by M r Henry Chabert to the Commission

Subject: Bodies referred to in the Directive on public works contracts 46

N o 773/90 by M r Alain Marleix to the Commission

Subject: Application of the Directive on public works contracts 46

N o 802/90 by M r Victor Manuel Arbeloa Muru to the Commission

Subject: Coordination of policies in the fight against drugs 47

(Continued on inside back cover)

Notice No Contents (continued)

90/C207/96

90/C 207/97

90/C207/98

90/C207/99

90/C207/100

90/C207/101

90/C207/102

90/C207/103

90/C207/104

90/C207/105

90/C207/106

No 830/90 by Mr Francois Musso to the Commission
Subject: Community job-creating actions in Corsica 47

No 881/90 by Mr Mark Killilea to the Commission
Subject: The slaughterhouse industry 47

No 885/90 by Mr Patrick Lane to the Commission
Subject: Competition policy towards enterprises and the role of the Hearing Officer 48

No 901/90 by Mr Petrus Cornelissen and Mrs Ria Oomen-Ruijten to the
Commission

Subject: Safety of oil heaters 48

No 955/90 by Mr Pierre Lataillade to the Commission
Subject: VAT on services provided by concession holders for motorway and road facilities
subject to tolls 48

No 1043/90 by Mr Joaquin Siso Cruellas to the Commission
Subject: Rules of conduct for misleading advertising 49

No 1182/90 by Mrs Marijke Van Hemeldonck to the Commission
Subject: European registration system for taxis 49

No 1183/90 by Mrs Marijke Van Hemeldonck to the Commission

Subject: European registration system for lorries 49

Joint answer to Written Questions Nos 1182/90 and 1183/90 49

No 1242/90 by Mr Kenneth Stewart to the Commission

Subject: Imprisonment of Perikles Giannakidis, for his refusal to perform military service, in
Greece 49

No 1314/90 by Mr Kenneth Coates to the Commission
Subject: Registration of voters living abroad 50

No 1315/90 by Mr Kenneth Coates to the Commission
Subject: Electoral registration in Member States 50

Joint answer to Written Questions Nos 1314/90 and 1315/90 50

20. 8. 90 Official Journal of the European Communities No C 207/1

_(Information)_

###### EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION No 596/89

by Mr Juan Ramirez Heredia, Mrs Maria Belo,
Mrs Carmen Diez de Rivera Icaza, Mr Gerhard Schmid,
Mr Dionysios Livanos, Mr Francisco Sanz Fernandez and

Mr Juan de la Camara Martinez (S)

to the Commission of the European Communities

_(24 October 1989)_

(90/C 207/01)

_Subject:_ Public safety

The forest fires which occur every summer in the south of
the Community have been particularly severe this year,
owing to a pronounced drought.

Will nothing short of the total destruction of our forests
and multiple casualties persuade the Commission and
the Member States to take practical steps to amplify
the existing regulations (') by adding a provision for
coordinating the supply of fire-fighting aircraft, which
would be hired for the summer and placed at the disposal
of the Member States ?

In the light of the Commission's policy on public safety,
what plans does it have on the matter?

(') Council Regulation (EEC) No 3529/86 of 17 November
1986 on protection of the Community's forests against fire
(OJNoL326,31.11.1986,p. 5).
Council Regulation (EEC) No 1614/89 of 29 May 1989
amending Regulation (EEC) 3529/86 (OJ No L 165,
15.6. 1989, p. 10).

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

_(18 December 1989)_

The Commission is conscious of the serious problem
posed by fires which, each year, cause greater destruction
to the Community's forests, particularly in the southern
part of the Community.

For 10 years or so, the Community has therefore been
financing a series of measures aimed at reducing the risk

of forest fires in southern Europe, under the following:
Regulation (EEC) No 289/79 establishing a common
measure for forestry in certain Mediterranean zones of
the Community ('), Regulation (EEC) No 1975/82 on
the acceleration of agricultural development in certain
regions of Greece ( [2] ), the integrated Mediterranean
programmes (Regulation (EEC) No 2088/85) ( [3] ), the
specific programme for the development of Portuguese
agriculture (Regulation (EEC) No 3828/85) ( [4] ), the
specific common measure to encourage the development
of agriculture in certain regions of Spain (Regulation
(EEC) No 1118/88)( [5] ), Regulation (EEC) No 3529/86
on the protection of forests against fires, as recently
amended by Regulation (EEC) No 1614/89. In view of
the catastrophic fires of 1989, it would seem that in the
different countries seriously affected there are major
shortcomings in policy for protecting forests against fires
and that there is every reason to initiate thorough
discussion of the subject at Community level. This is one
of the main objectives in the coordination of action
undertaken through Regulations (EEC) No 3529/86 and
(EEC) No 1614/89.

A coherent policy for the protection of forests against
fires must first aim to reduce the number of fires starting,
by taking action against the causes, in particular by
amending and applying legislation so that those causes no
longer lead to fires. The areas affected by fire must then
be reduced, by determining what it is that transforms a
controllable outbreak into a conflagration which can be
put out only with great difficulty. This involves taking
into account the regional planning dimension and the
balanced distribution of powers in both fire prevention
and fire-fighting.

Thus, in the months to come, the Commission intends to

initiate a series of studies in collaboration with the

Member States in order to improve the coherence of
policies for protecting forests against fires.

As to fire-fighting, not financed by the Regulations
mentioned above, Commission staff are currently
preparing, as part of the Commission's civil protection

No C 207/2 Official Journal of the European Communities 20. 8. 90

policy, a proposal for a Council Regulation on the
implementation of measures concerning fire-fighting and
cooperation between the Member States with particular
regard to the use of aircraft.

As to amphibious water-bombing aircraft, these could, by
their very nature, also be used jointly for other types of
disaster, in particular hydrocarbon slicks from accidental
spillages at sea.

This proposal for a Regulation could include financial aid
from the Community in order to encourage the Member
States to increase the protection given to two fundamental
elements of our environment: the forest and the sea.

O OJNoL38, 14. 2. 1979.
O OJ No L 214, 22. 7. 1982.
O OJ No L 197, 27. 7. 1985.
O OJNoL372,31.12. 1985.
O OJNoLl07, 28.4. 1988.

WRITTEN QUESTION No 754/89

by Mr Carlos Robles Piquer (PPE)

to the Commission of the European Communities

_(23 November 1989)_

(90/C 207/02)

_Subject:_ Community aid for economic recovery in
Argentina

According to recent information, President Menem's
policy, which appears to be based on 'common sense
instead of ideology', is producing rapid results. A degree
of stability has been achieved by the austerity plan
introduced in response to the serious economic decline
and a new climate has been created in relations with the

United States.

In view of the difficult forthcoming negotiations with the
IMF, the World Bank and the commercial banks with
which Argentina has contracted its external debt, does
the Commission consider that it should promote firm
Community support for these promising measures? What
resources does the Commission have at its disposal to
provide such support?

Answer given by Mr Matutes
on behalf of the Commission

_(29 March 1990)_

The Commission shares the Honourable Member's

feelings as regards economic and political stabilization in
Argentina.

Since democracy has been restored to Argentina, the
Commission has developed all forms of cooperation that
are possible with this country in the absence of any
agreements, concentrating on promotion of trade and
diversification of exports.

Developments in relations between Argentina and the
Member States made it possible for a negotiating brief for
the conclusion of a cooperation agreement to be given to
the Commission. This agreement has been initialled and
the procedure for final approval is under way.

The agreement will provide a legal basis for developing
cooperation between the Community and Argentina.

The Commission welcomes the adoption by a country
of the importance of Argentina of a policy based on
economic rationality and acceptance of the international
division of labour. This is a good sign in spite of the initial
economic difficulties caused by this policy.

As regards the negotiations to which the Honourable
Member refers, the Commission will do all in its power to
help this country overcome the problems resulting from
excessive external indebtedness.

WRITTEN QUESTION No 756/89

by Mr Eisso Woltjer and Mr Bernard Thareau (S)

to the Commission of the European Communities

_(23 November 1989)_

(90/C 207/03)

_Subject:_ Intra-Community trade in livestock and meat

It has recently been discovered that a large-scale fraud
involving EC health certificates for the export of beef and
veal has been taking place during the last few years in the
Tetaigne area of northern France. Apart from the serious
nature and size of the fraud, it gives grounds for concern
at the future functioning of the internal market in respect
of trade in livestock and meat.

1. Is the Commission aware of this fraud involving
health certificates and can it say what measures it has
taken to deal with it?

2. Can the Commission say what measures it intends to
take to allay any doubts which may have arisen as a
result of this fraud, concerning the reliability of health
certificates currently issued for intra-Community
trade in livestock?

20. 8. 90 Official Journal of the European Communities No C 207/3

3. What amendments are being envisaged by the
Commission in respect of Regulation 64/432/EEC (')
in order to ensure free trade in livestock with all the

necessary guarantees after the completion of the
internal market in 1992?

(') OJ No 121,29.7. 1964, p. 1977/64.

Answer given by Mr Mac Sharry
on behalf of the Commission

_(29 March 1990)_

1. As soon as the Commission was informed of

the fraud mentioned by the Honourable Member, it
contacted the French authorities in order to obtain every
item of information on this matter involving intraCommunity trade.

In response to the concerns of some Member States this
question was raised at the Standing Veterinary Committee
meetings on 24 and 25 October 1989.

The Commission asked to be kept informed of further
events and to participate in the veterinary and financial
investigations if Community funds proved to be involved.

2. Community veterinary legislation, for both intraCommunity trade and imports from non-member
countries, is based on the production of certificates signed
by an official veterinarian of the Member State of
dispatch. This is considered to be the most appropriate
way of ensuring, in the consignee country, that the
products comply with Community regulations.

As regards intra-Community trade in animals, Annex F
to Directive 64/432/EEC ('), lays down two models
for health certificates. Of course, these are based
on declarations by the official veterinarian. Given
the existence of well-structured and well-organized
veterinary services such as those in the Member States, the
official veterinarian is the person designated by the
regulations to sign the certificates.

This system works satisfactorily and the Commission
does not think that the fraud which has been discovered

casts any doubt on it. Obviously, dishonest practices are
always possible. Fortunately they are the exception.

3. Considering the improvement in the level of animal
health in the Community as a result of the policy of
eradicating disease being implemented by the Member
States in close cooperation with the Commission, the
latter is examining the possibility of simplifying the
certificates, since some entries have become pointless or
unnecessary. This trend reduces that health risks linked to
fraud and the possibility of fraud occurring at all.

On 21 November 1989 the Council adopted Directive
89/608/EEC ( [2] ) on mutual assistance between the
administrative authorities of the Member States and

cooperation between the latter and the Commission to
ensure the correct application of legislation on veterinary
and zootechnical matters.

This Directive is an essential instrument in the fight
against fraud.

Furthermore, with a view to the completion of the internal
market, on 11 December 1989 the Council adopted a new
checking system for the majority of animal products ( [3] ).
This system provides for a tightening-up of checks at
the origin and spot-checks at the destination. In cases
of suspected fraud, checks are possible throughout
transport.

These new regulations will enable the Commission to
intensify its efforts in fighting fraud.

As regards livestock, the Council has undertaken to adopt
the necessary measures by 31 December 1990.

(') OJNoL 121,29.7. 1964.
O OJNoL351,2. 12. 1989.
O OJNoL395,30. 12. 1989.

WRITTEN QUESTION No 760/89

by Mrs Cristiana Muscardini (NI)

to the Commission of the European Communities

_(23 November 1989)_

(90/C 207/04)

_Subject:_ Refugees from the Eastern European countries

The departure of European citizens from the Eastern
European countries, especially the German Democratic
Republic, is assuming such proportions that it is likely to
swell into a mass exodus which cannot be confined to a

few thousand individuals.

Most of them, in particular the refugees from East
Germany, already hold a European passport on arrival in
the European Community, and therefore automatically
assume all the associated rights and obligations, as well as
European citizenship.

Can the Commission therefore say whether an immediate
plan of aid exists to meet the needs of these refugees and
to assist them in coping with the considerable difficulties
of social integration?

What approach does the Commission intend to adopt
concerning the problem of the recognition of the
refugees' academic and professional qualifications and
their validity within the European Community?

No C 207/4 Official Journal of the European Communities 20. 8. 90

Answer given by Mr Andriessen
on behalf of the Commission

_(3_ _April 1990)_

The needs of the German citizens arriving in the Federal
Republic of Germany have hitherto been dealt with by the
authorities of the Federal Republic of Germany. So far,
the Commission has not received any requests for
financial or other assistance for this purpose from the
German Democratic Republic.

As regards diplomas conferred by the authorities of the
German Democratic Republic, the first paragraph of
Article 1 (a) of Directive 89/48/EEC ( [l] ) (general system)
is applicable. In the case of sectoral Directives such as
those on doctors, etc., there are special provisions
concerning diplomas conferred by the appropriate
authorities in the German Democratic Republic.

O OJ No L 19,24. 1.1989.

WRITTEN QUESTION No 845/89

by Mr Gerardo Fernandez Albor (PPE)

to the Commission of the European Communities

_(29 November 1989)_

(90/C 207/05)

_Subject:_ Taxation of literary prizes

Literary creativity, which was once greatly stimulated by
the announcement and awarding of prizes to writers, has
been progressively eroded and the necessary incentive
taken away, largely as a result of the taxes imposed by
most Member-State governments on these prizes.

Does the Commission not consider that measures should

therefore be proposed, within the framework of
European cultural policy, for the introduction of a
different, more flexible system for the taxation of literary
prizes in the Member States and one which does not affect
to such a degree the amount on money actually won, with
a view to ensuring that such prizes once more become
sufficiently attractive to stimulate literary creativity on the
part of contemporary writers ?

Answer given by Mr Mrs Scrivener
on behalf of the Commission

_(4_ _April 1990)_

The taxation of literary prizes comes under the rules
and regulations governing personal income tax. The
Commission does not intend to make any proposals in
this area.

WRITTEN QUESTION No 913/89

by Mr Yves Verwaerde (LDR)

to the Commission of the European Communities

_(1 December 1989)_

(90/C 207/06)

_Subject:_ Road safety regulations

In a number of European towns, there has been a
proliferation of small vehicles which may be driven in
many Community Member States without a driving
licence. The users of such vehicles are often elderly people
who have little knowledge of driving or of the highway
code or people whose driving licence has been suspended
because of a traffic offence.

Could the Commission not take action to ensure that the

users of such vehicles are at least required to sit a test on
the highway code?

Can the Commission take steps to ensure that those
persons who have had their driving licences suspended do
not use such vehicles as a means of escaping the penalties
imposed upon them?

WRITTEN QUESTION No 1303/89

by Mr Adrien Zeller (PPE)

to the Commission of the European Communities

_(15 January 1990)_

(90/C _207/07)_

_Subject:_ Rules on vehicles which can be driven without a
licence

In some Community countries, among them France, the
use of four-wheel drive vehicles — which anybody,
subject only to an age limit, can drive on the public
highway without need of a driving licence — is becoming
more frequent. This situation is felt by some people to be
dangerous.

Does the Commission not agree that there is a need for
uniform rules governing the use of such vehicles?

Joint Answer to Written Questions No 913/89

and 1303/89 given by Mr Van Miert

on behalf of the Commission

_(29 March 1990)_

The vehicles referred to by the Honourable Members are
powered by a petrol engine with a cubic capacity below

20. 8. 90 Official Journal of the European Communities No C 207/5

50 cc or by a diesel engine or electric motor of equivalent

power.

These small vehicles, which generally cannot exceed
50 km/h, have low power, take up little space and, in view
of their technical characteristics, are used for short
journeys. They are therefore not involved in international
traffic.

As pointed out by the Honourable Members, these small
vehicles are, as a rule, used mostly for short trips by
persons whose mobility is limited. In a few cases, where
national legislation so permits, they may also be driven by
people whose driving licence has been suspended.

Different Member States impose different requirements
on the drivers of such vehicles: some require the driver to
have passed a theoretical and practical driving test, others
require only a theoretical test or no test at all. It all
depends on how the vehicle is classified under national
law.

The Commission is aware that vehicle drivers should be

required to hold some form of qualification and, in its
proposal for a second Directive on driving licences ('), has
provided, in the first instance, that a driving licence
should be compulsory for all drivers of three- or
four-wheeled vehicles with an engine capacity above 50 cc
or of equivalent power.

Since this proposal for a Directive is currently being
discussed by the Council, it would be premature for the
Commission to take any steps relating to vehicles with an
engine capacity below 50 cc.

O COM(88) 705 final.

WRITTEN QUESTION No 930/89

by Sir James Scott-Hopkins (ED)

to the Commission of the European Communities

_(1 December 1989)_

(90/C 207/08)

_Subject:_ Speech by Sir Nicholas Goodison

Has the Commission noted the remarks of Sir Nicholas

Goodison, former chairman of the International Stock
Exchange, at the recent _Financial Times_ conference on
re-regulating Europe's financial sector, that 'detailed and
excess regulation is both expensive and ineffective'? How
does the Commission propose to avoid this pitfall?

Answer given Sir Leon Brittan
on behalf of the Commission

_(9 April 1990)_

The Commission has indeed noted the remarks of Sir

Nicholas Goodison, former chairman of the International
Stock Exchange, who said at the _Financial_ _Times_
conference on re-regulating Europe's financial sector,
that detailed and excess regulation is both expensive and
ineffective.

The Commission's policy in the securities markets field is
in no way aiming at introducing detailed and excessive
regulations in Member States. It is rather based on the
principle of mutual recognition of national regulations,
coordinating key requirements essential for the
protection of investors.

WRITTEN QUESTION No 973/89

by Mrs Winifred Ewing (ARC)

to the Commission of the European Communities

_(7 December 1989)_

(90/C 207/09)

_Subject:_ Zero rate of VAT for island transport

What assurances will the Commission give that passenger
transport in the following islands will continue to be zero
rated: Western Isles, Orkney, Shetland, Corsica, Ponant
Islands, Balearic Islands?

Answer given by Mrs Scrivener
on behalf of the Commission

_(24 April 1990)_

The Sixth Council Directive on VAT (77/388/EEC) (')
allows passenger transport within a Member State or
between Member States to be exempted from VAT only
on a transitional basis. Consequently, such transport will
ultimately have to be taxed.

Although some islands benefit, on the basis of a special
provision in the Sixth Directive, from a permanent
exemption as regards passenger transport, this is due to
their specific circumstances, including historical factors or
their considerable distance from the mainland. Apart
from these cases, no exception to the rule that transport
should be taxed is provided for in the Sixth VAT
Directive, which lays down the common system of value
added tax (uniform basis of assessment).

As for the question whether the zero VAT rate may be
maintained in view of the social role which some Member

No C 207/6 Official Journal of the European Communities 20. 8. 90

States assign to VAT, the Commission would refer to its
communication transmitted to the Council on 14 June
1989 ( [2] ).

(') OJNoL145, 17. 5. 1977. p. 1.
O COM(89) 260 final (in particular point 11).

WRITTEN QUESTION No 1002/89

by Mr Dimitrios Nianias (RDE)

to the Commission of the European Communities

_(18 December 1989)_

(90/C 207/10)

_Subject:_ Water supply problems on Chios

As a result of acute water supply problems on the Aegean
island of Chios, consumption is subject to severe
restrictions. Moreover, the quality of the water available
constitutes a public health risk. As a result of the
geological configuration of the island, the basin which
supplies it with fresh water is being infiltrated by sea

water.

How can the Commission help to investigate and solve
this extremely serious problem?

Answer given by Mr Millan
on behalf of the Commission

_(30 April 1990)_

The Commission is aware of the serious problems relating
to the management and rational utilization of water
resources in the Aegean Islands and on Chios in
particular. Accordingly, a study of that problem is being
undertaken as part of the IMP for the Aegean Islands.

Furthermore, under the Community support framework
for Greece which the Commission expects to adopt soon,
the water supply problems of the Aegean Islands will
receive priority in view of the importance of water for
their development, particularly as regards tourism.

WRITTEN QUESTION No 1048/89

by Mr James Ford (S)

to the Commission of the European Communities

_(18 October 1989)_

(90/C 207/11)

_Subject:_ VAT on second-hand items — implications for
charities

Would the Commission clarify the apparent contradiction
in the replies to questions H-1068/88 ( [x] ) and

E-0971/88 ( [2] ) referring to the application of VAT to
charities' fund-raising activities?

O _Debates_ _of_ _the European_ _Parliament_ No 2-378, May 1989.
O OJ No C 104,24.4. 1989, p. 13.

Answer given by Mrs Scrivener
on behalf of the Commission

_(29 May 1990)_

The apparent contradiction referred to by the
Honourable Member between the Commission's answers

to Oral Question No H-1068 by Mr Hoon and to Written
Question No 971/88 is due to the fact that they answer
two different aspects of the same problem: that of the
operations of charities on the one hand and that of their
purchases on the other.

In its answer to the first of these questions, the
Commission referred in fact to the general principle, laid
down by the Sixth Directive ('), of the taxation of any
economic activity, indicating the possibility of certain
social services, and in particular those supplied by
charitable organizations to those directly benefiting from
them, being exempted under Article 13 of that Directive.
These arrangements are regarded as definitive.

The second answer, while referring to the principle of
the exemption of charitable services, was concerned
particularly with purchases made by the organizations in
question, which are currently zero-rated in the United
Kingdom. As was pointed out in that answer, zero-rating
is permitted by the Sixth Directive only on a transitional
basis for social reasons and provided that it benefits
the final consumer. The Court of Justice has established

the general principle that inputs may be treated as
transactions carried out at the final consumption stage
provided that they are sufficiently close to the final
consumer. Purchases made by charitable organizations
also benefit from these arrangements in the United
Kingdom.

As regards the definitive arrangements for such
transactions, the Commission pointed out in its
communication of 14 June 1989 ( [2] ) that it might envisage,
subject to certain conditions, authorizing those Member
States which so wished to maintain zero-rating for a very
limited number of products provided that this did not
result in distortion of competition for the other Member
States.

O OJNoL45, 13.6. 1977.
O COM(89)260.

20. 8. 90 Official Journal of the European Communities No C 207/7

WRITTEN QUESTION No 1075/89 WRITTEN QUESTION No 1080/89

by Mr Carlos Carvalhas (CG) by Mr Georgios Romeos (S)

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

_(19 December 1989)_ _(19 December 1989)_

(90/C 207/12) (90/C 207/13)

_Subject:_ Implications of the internal market for customs

agents

Customs agents, i.e. staff employed by forwarding agents
and other companies to deal with customs clearance
formalities, have expressed concern at the prospect of the
internal market in 1992.

They have held a number of international conferences, of
which the last was held in Barcelona and the next will be

held in Lisbon, at which they have put forward their
demands for the protection of around 185 000 jobs which
will be directly or indirectly affected by the realization of
the objectives set out in the Single European Act.

What measures does the Commission intend to take in

response to the concerns and demands of these customs
agents, particularly those set out at the Barcelona
conference held on 15 and 16 September 1989?

Answer given by Mrs Scrivener
on behalf of the Commission

_(9 March 1990)_

As it stated in its answer to Written Question No 2247/88
by Mr Aboim Inglez ('), the Commission is aware of the
initiatives being taken by trade organizations representing
the customs clearance sector in the run-up to the single
market.

It has already emphasized, in its talks with these
organizations, the need for diversification and
redeployment of services connected with foreign trade
(transport and other services).

It subscribes to the view set out in the conclusions of the

Barcelona Conference referred to by the Honourable
Member that the Community's structural funds could be
used to finance measures of general interest to the sector
concerned and reiterates its desire to see the sector in

question redefine its professional duties in the light of the
single market.

(') OJ No C 262, 16. 10. 1989, p. 34.

_Subject:_ Problem of competition in the Community
tourist industry

Next year, 1990, has been designated as European
Tourism Year. The aim is to develop new policies to
strengthen the European tourist industry within the
framework of the single internal market.

However, with the completion of the internal market
(VAT etc.) the cost of holidays in the Community will
rise, while the cost of holidays in third countries, where
such measures have not been put into practice, will remain

constant.

What measures does the Commission intend to take in

response to this distortion of competition, which will have
a serious impact on the economically weaker Member
States?

Answer given by Mrs Scrivener
on behalf of the Commission

_(3_ _April 1990)_

The Commission tabled its proposals on the
approximation of VAT rates (') as part of the programme
to complete the internal market by the end of 1992. These
proposals were complemented by the guidelines and
measures of flexibility put forward in the Commission's
communication to the Council and the European
Parliament of 14 June 1989 on the same subject ( [2] ). It is
one of the objectives of the internal market programme to
eliminate the distortions caused by the present
compartmentalization of the Community market. The
Commission proposals for the abolition of fiscal
frontiers, by providing for an approximation of rates and
a harmonized allocation of goods and services as between
standard and lower VAT rates, are designed to tackle the
fiscal distortions which would otherwise arise after 1992.

In drawing up its proposals, the Commission was guided
by the general existing practice in the Member States, and
therefore proposed that in future only goods and services
of basic necessity should be taxed at lower rates of VAT.
This orientation was confirmed by the Ecofin Council of
18 December 1989, which decided that reduced rates of
VAT should be reserved in particular for goods and
services of basic necessity corresponding to a jointly
defined social policy or cultural objective.

The question of the precise scope of the lower VAT band
is still being discussed in the framework of the Council. It
is not possible at this stage to predict what the outcome of

No C 207/8 Official Journal of the European Communities 20. 8. 90

these discussions will be as far as VAT treatment of the

tourist industry is concerned. The Commission can,
however, assure the Honourable Member that his views
have been noted and that all relevant considerations,
notably the competitive position of Community
enterprises, are constantly borne in mind.

O COM(87) 321 final.
O COM(89) 260 final.

WRITTEN QUESTION No 1112/89

by Mr Dieter Rogalla (S)

to the Commission of the European Communities

_(19 December 1989)_

(90/C 207/14)

_Subject:_ Retirement plans

1. Is it true that, in the United Kingdom, retirement
plans are widely offered by life assurance companies, that
such plans generally mature after a long period of time
and that the annual premiums are correspondingly low?
What information does the Commission have available

concerning such retirement plans?

2. Is the Commission able and willing to explain the
basic differences in how life assurance policies are funded
in the United Kingdom on the one hand and in the other
Community Member States on the other, particularly in
the Federal Republic of Germany, setting out clearly and
simply the main points that should by borne in mind by
prospective subscribers?

3. Does the Commission consider that there are major
differences and what policy does it intend to adopt with a
view to eliminating as far as possible any financial risks to
Community citizens subscribing to such policies?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(18 May 1990)_

1. In all Member States, including the United
Kingdom, life assurance contracts are one main way of
financing retirement pensions. According to statistics
from the Association of British Insurers, the total annual
amount of annuities at the end of 1988 was £ 988 million.

In this type of contract, the amount of the annual costs is
determined essentially by the values assigned to the

parameters used in calculating premiums, i. e. the rate of
mortality, the technical rate of interest (that is to say, the
assumed future return on capital) and management
expenses and, of course, by the amount and date of
maturity of the payments guaranteed by the assurance

contract.

The longer the period of the contract, the higher the
return on capital so that, in general, in the case of life
assurance that builds up a capital sum, the premiums are
lower under long-term contracts than under short-term

contracts.

2. In the context of its preparatory work on the
proposal for a Second Directive on life assurance
(COM(88) 729) and the other proposals for Directives
provided for in the White Paper on completing the
internal market, the Commission made a detailed study of
the fundamental differences in the financing of life
assurance contracts. There are such differences in respect
of the same product because the basis of calculation
(technical rate of interest, probability of death or
disablement, probability that the insured person will be
married at the time of death, etc.) is not the same and
because the return which insurance companies received or
may receive on the capital is variable; differences in
management expenses and in rates and systems of
taxation are also relevant.

The only advice that can be given to persons interested in
life assurance cover is that they should find out, before
concluding a contract at home or abroad, exactly what
payments they (or other eligible parties) will receive and
on what conditions, what portion of those payments is
guaranteed and what portion depends on returns, that is
to say, is uncertain. They must also be aware of their
obligations, particularly as regards the supply of complete
and truthful information concerning their state of health.
Finally, they must find out what premium they will
undertake to pay, for how long, and whether this
preimium will remain constant throughout the period of
the contract.

It is always recommended that prices and products
be compared, if necessary by consulting specialist
publications or an independent insurance consultant or
broker.

3. In all Member States, life assurance is subject to
official supervision aimed at eliminating financial risks as
far as possible, particularly those of policyholders. The
Commission intends to see to the continued maintenance

of such supervision. It is currently examining whether,
and if so to what extent, it is necessary to coordinate the
legal provisions aimed at protecting policyholders with
a view to complementing the existing freedom of
establishment by liberalizing the supply of transfrontier
services through mutual recognition of supervisory
systems, in accordance with the principle of
home-country control.

20. 8. 90 Official Journal of the European Communities No C 207/9

WRITTEN QUESTION No 1132/89

by Mrs Birgit Cramon-Daiber (V)

to the Commission of the European Communities

_(10 January 1990)_

(90/C 207/15)

_Subject:_ A statute for European cooperatives

1. What steps is the Commission taking concerning the
need for a statute for European cooperatives and what is
it doing to secure recognition for cooperatives as the third
economic sector in Community provisions?

2. If the Commission does not share the Council's view

that cooperatives should not be recognized as European
companies, what possibility does it see of securing the
position of the cooperative sector and ending the
discriminatory treatment it has hitherto suffered?

3. What steps is the Commission taking to promote
self-managed undertakings with social and ecological
objectives? What instruments exist for this purpose and
what instruments are envisaged?

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

_(5_ _April 1990)_

In its December 1989 communication to the Council on

businesses in the cooperative, mutual and non-profit
sector and Europe's frontier-free market ( [x] ) the
Commission stated that the integration of cooperatives
into the economy at Community level stemmed directly
from the principles laid down in the Treaty prohibiting
discrimination in the matter of freedom of establishment

and freedom to provide services.

This process will be facilitated by the Community's legal
instruments aimed at promoting the grouping of
businesses, such as that setting up the European
Economic Interest Grouping (EEIG) and, when it has
been adopted by the Council, the European Company
Statute.

The Commission is aware that problems may nevertheless
arise, in view of the specific national characteristics of
cooperatives as regards their legal status, the way in which
they are organized and their competitive position.

This question is being examined in detail by the
Commission together with the main parties involved. To
this end, the Commission also sent the December
communication to Parliament, and asked the Economic
and Social Committee to give an opinion on its content by
this summer.

(') SEC(89) 2187 final.

WRITTEN QUESTION No 1161/89

by Mr Mihail Papayannakis (GUE)

to the Commission of the European Communities

_(10 January 1990)_

(90/C 207/16)

_Subject:_ Survival of the monk seal

In winter 1988 the carcasses of seals which had been shot

dead were found, and there are reports of the use of
dynamite that summer at the heart of the marine park on
the island of Piperi.

In its resolution of 16 September 1988 the European
Parliament on the basis of the Muntingh report (Doc. A
2-151/88) on the protection of the monk seal, had asked
the Commission to adopt the second three-year action
programme and to take a number of measures in
cooperation with the countries affected and in particular
with Greece to ensure the survival of the monk seal, which
is the European mammal whose survival is under the
greatest threat.

What action has the Commission taken so far, and with
what results, how far has cooperation with the countries
concerned progressed, and what economic aid has been
provided to those countries, and to Greece in particular?
In the case of economic aid to Greece, is the Commission
exercising control over the effective use of the sums it has
provided?

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

_(23 March 1990)_

Within the framework of Parliament's resolution

(A2.151/88) on the protection of the monk seal, several
activities have been undertaken by the Commission:

— Island of Madeira and the Sporades group of islands:
a start on the setting-up of a marine park and a
biological station for the protection and study of the
monk seal,

— Sardinia: a study of the monk seal population on this
island and proposal for action,

— counting and study of the monk seal population in
Greece.

In several cases, the funds allocated form part of broader
conservation projects. At the moment, it is not possible to
give a complete breakdown of the expenditure made
specifically on the monk seal. By way of example,
appropriations in 1988 amounted to ECU 320 000 under
budget heading 6610.

No C 207/10 Official Journal of the European Communities 20. 8. 90

Several missions have been made to Greece to follow the

development of the operation and the use of the funds
allocated.

WRITTEN QUESTION No 1185/89

by Mr Gerard Monnier-Besombes (V)

to the Commission of the European Communities

_(9 January 1990)_

(90/C 207/17)

_Subject:_ Compatibility of certain development policies
with Directives on the conservation of the

biological heritage

Does the Commission consider that the current or

proposed Directives on the conservation of the
Community's natural biological heritage are sufficient to
ensure that all species of wild flora and fauna are
maintained or restored?

Are the Directives sufficient to deter Member States from

devising development programmes which will damage
areas that are important for the maintenance of the
biological heritage?

Are the financial incentives for maintaining the biological
diversity and natural or semi-natural characteristics of the
area as large as the funds available for the development
which is damaging them?

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

_(6_ _April 1990)_

Directive 79/409/EEC ('), as amended by Directives
81/854/EEC( [2] ), 85/411/EECO, 86/122/EEC ( [4] ) and
the Acts of Accession of Spain and Portugal ( [5] ), lays down
general provisions relating to the conservation of all bird
species living naturally in the wild on the territory of the
Member States where the Treaty is applicable. The aim is
to protect, manage and control these species and to
regulate hunting and capture. The provisions apply to
wild birds, their eggs and their habitats.

In view of the fact that the loss of natural habitats is

becoming an increasingly serious problem — relegating
other problems relating to the conservation of wild birds
to second priority — the Directive deals mainly with the
preservation, maintenance and reestablishment of
biotopes and habitats, especially — as a first step — the
creation of special protection areas for species requiring
particular attention. The Commission is responsible for

WRITTEN QUESTION No 1202/89

by Mr Fernand Herman (PPE)

to the Commission of the European Communities

_(9 January 1990)_

(90/C 207/18)

_Subject:_ Draft Italian law on the subcontracting of public
works contracts

The Italian Government has drawn up a draft law which it
intends to submit to the Italian Parliament as soon as

possible on subcontracting in the field of public works
contracts. The objectives of this draft law are as follows:

taking the appropriate steps to ensure that these areas
form a coherent whole which meets the protection
requirements of these species in the geographical sea and
land area where the Directive applies.

However, it is essential to have a Community instrument
designed to protect not only birds and their habitats but
all species of wild fauna and flora.

The basic objective of the draft Directive on the
protection of natural and semi-natural habitats and of
wild fauna and flora, adopted by the Commission in July
1986 ( [6] ) is to establish — by the year 2000 at the latest —
an extensive network of protected areas to ensure the
preservation of vulnerable species and habitats in all areas
of the Community where they are known to occur. The
draft also provides that the Member States shall take the
requisite measures to introduce general provisions
relating to the protection of threatened species in the
Community.

Some of the work planned in other areas, such as the
common agricultural policy and regional policy, will have
very positive consequences for nature and conservation.
The agricultural structures policy, for example, includes
incentives to encourage the protection of the environment
and natural resources and the preservation of the
landscape and the countryside ( [7] ). The scope of
Community action on the environment within the
framework of Regulation (EEC) No 2242/87 ( [8] ) must
also be extended and financial support increased in order
that such objectives may be achieved. The Commission
will shortly be drafting proposals to this effect.

') OJNOL103, 25.
2 ) OJNoL319, 7.
') OJNoL233, 30.
4 ) OJNoLlOO, 16.
') OJNoL302, 15.
6 ) O J N o C 2 4 7 21
0 OJNoL167, 26.
8 ) OJNoL207, 29.

4.

1.

8.

4.

11

9

6.

7.

1988.

1987.

1987,p. 8.

1979.

1981,p.
1985, p.
1986, p.

1981,p. 3.
1985, p. 33.
1986, p. 22.

.1985,p.221.

20. 8. 90 Official Journal of the European Communities No C 207/11

— to impose a maximum 30 % quota on the proportion
of public works contracts, including those involving
specialized work, which may be subcontracted,

— to establish that the price of the subcontractor may
not undercut the basic price by more than 15 %,

— to impose a requirement that only subcontractors
registered with the National Register of Construction
Undertakings and not cooperative and craft
undertakings may tender for contracts.

These rules may be contrary to the EEC's policy
of promoting small and medium-sized undertakings
(Council resolution of 26 September 1989 (')) and appear
incompatible with those provisions of the Treaty of Rome
which encourage the development of free competition
within the Community.

Has the Commission been informed of this draft law?

Does it consider that it is in line with the Council

resolution of 26 September 1989 and the Articles of the
Treaty on competition? If not, what measures does it
intend to take to prevent the adoption of these measures?

(') OJNoC254, 7. 10. 1989, p. 1.

Answer given by Mr Bangemann
on behalf of the Commission

_(5_ _April 1990)_

The Commission has been informed of the draft law to

which the Honourable Member refers.

This is a complex issue which requires thorough
examination to determine whether or not it involves

infringement of the Treaty of Rome, particularly as
regards Articles 30 _et_ _seq.,_ 59 _et_ _seq._ and 85 in conjunction
with Article 5. At first sight, the draft in question appears
on a number of points to clash with the Commission's
policy on the development of subcontracting in the
Community, as set out in the communication to the
Council of 7 July 1989 _(_ _[l]_ _)_ and the resolution of 26
September 1989.

The Commission has therefore asked the Italian

Government for further details on the draft law,
particularly on the points mentioned by the Honourable
Member, and will not fail to take action if it proves

necessary.

O COM(89) 402 final.

WRITTEN QUESTION No 1204/89

by Mr Detlev Samland (S)

to the Commission of the European Communities

_(9 January 1990)_

(90/C 207/19)

_Subject:_ Codetermination in research institutes in the
European Communities

How many persons are employed in Community research
institutes and research institutes in which the Community
is involved?

What codetermination rights are available to employees
of:

— Community institutes (Jessi, for instance),

— institutes in which the Community is involved
(CERN, for instance),

— bilateral undertakings (Airbus, for instance) ?

Does the Commission know that there have already been
conflicts and legal disputes over codetermination and is it
aware of the outcome?

What form of representation is available to employees in:

— Community institutes (Jessi, for instance),

— institutes in which the Community is involved
(CERN, for instance),

— bilateral undertakings (Airbus, for instance) ?

Does the Commission know that there have already been
conflicts or legal disputes over the question of employees
representation and is it aware of the outcome ?

Does the Commission intend to take any measures to
strengthen and consolidate the rights of employees'
representative organizations in the abovementioned
institutes?

Answer given by Mr Pandolfi
on behalf of the Commission

_(3_ _April 1990)_

The Commission currently manages the Joint Research
Centre, which consists of nine institutes located at four
sites, these being Ispra (Italy), Geel (Belgium), Karlsruhe
(Federal Republic of Germany) and Petten (the
Netherlands).

Commission staff are also working on the JET project at
Culham (United Kingdom) and, at various national
establishments, on the general programme on fusion

No C 207/12 Official Journal of the European Communities 20. 8. 90

(cooperation on fusion). The Commission is sending
figures on staff at the Joint Research Centre and the JET
Joint Undertaking direct to the Honourable Member and
the Secretariat-General of Parliament.

The Commission is unable to supply information about
national research establishments.

The Commission would point out to the Honourable
Member that Jessi is not a research establishment, but the
title of a Eureka project which is partly funded under the
Community's Esprit programme.

Where management is carried out under the
Commission's responsibility, staff are represented
statutorily by the elected staff committees and by the
trade-union and professional organizations. Relations
between the Commission and the latter are based on a

framework agreement signed in 1984, supplemented by
the Social Contract for Progress 1989 to 1992. Any
conflicts are governed within this legal framework by
consultation and conciliation procedures.

The Commission is not empowered to discuss the matters
raised by the Honourable Member as regards the
responsibility of management in national and
international research centres.

The Commission is aware of the problems created by the
transnational nature of industrial relations as regards the
provisions of information to and the consultation and
participation of workers.

Two proposals for Directives having a direct effect on
arrangements for the provision of information to and the
consultation and participation of workers in Communitywide undertakings or groups of undertakings have
already been submitted to the Council. These are:

— amended proposal for a Directive presented to the
Council on 13 July 1983 on procedures for informing
and consulting employees of undertakings having
a complex structure, in particular transnational
undertakings ('),

— proposal for a Council Directive complementing the
statute for a European company with regard to the
involvement of workers ( [2] ).

The amended proposal for a Fifth Directive concerning
European limited companies and the powers and
obligations of their organs ( [3] ), presented to the Council
on 19 August 1983 also contains provisions relating to the
provision of information to and the consultation and
participation of workers.

The programme of action of the Commission relating to
the implementation of the Community charter of basic
social rights for workers ( [4] ) provides for a Community

instrument on procedures for the provision of
information to and the consultation and participation of
workers of Community undertakings.

O COM(83) 292 final.
O COM(89) 268 final.
O COM(83) 185 final.
O COM(89) 568 final.

WRITTEN QUESTION No 1262/89

by Mr Victor Arbeloa Muru (S)

to the Commission of the European Communities

_(12 January 1990)_

(90/C 207/20)

_Subject:_ Aid to Palestinians in the occupied territories

With regard to the economic aid provided by the
Commission last October to improve living conditions for
Palestinians in the occupied territories, was the systematic
destruction of the homes of the most active intifada

militants — themselves sometimes killed by the occupying
troops — taken into account, since they and their families
should have been amongst the first to benefit from such
aid?

WRITTEN QUESTION No 416/90

by Mr Victor Manuel Arbeloa Muru (S)

to the Commission of the European Communities

_(5 March 1990)_

(90/C 207/21)

_Subject:_ Aid for Palestinians evicted from their homes

Has the Commission devoted any of the aid granted for
Palestine since the commencement of the intifada to

repairing or replacing the dwellings of Palestinians
destroyed by the occupying forces?

Joint Answer to Written Questions No 1262/89

and 416/90 given by Mr Matutes

on behalf of the Commission

_(11 May 1990)_

The aid granted by the Commission on 16 October 1989
fell within the framework of Article 966 of the

Community budget.

The priority areas were set out as follows:

— small-scale employment-generating projects or
measures in the agricultural and industrial sectors,

2 0 . ^ 0 Official journal of the European communities ^oG2u5sO^

— educationBtraining, particularly in the vocational and
technical fields,

^ the upgrading oflocal Palestinian institutions.

This aid is meant to he for development purposes and is
hasedon thehelief thatdevelopmentis whatcanmost
help the Palestinians. It was devoted to the sectors of
health, agricultural production, credit, women^s
cooperatives and social studies.

The scope and si^e of the aid do not allow it to he targeted
at individuals. The victims of the repression of Intifada
and their families are now in the tens of thousands if

we take into account the dead, wounded, deported,
imprisoned, and those whose homes have heen
demolished.

ldowever,the community has heen granting emergency
assistance to the direct victims of repression onaregular
hasis, in the form of cash to help them sustain the
financial cost of medical and hospital treatment, ^iost
recently,inEehruaryP^^O,the commission has allocated
ECL^^O 000 in emergency assistance to theRalestinian
population foraduration of sue months.

^ ^ f T T E ^ ^ E ^ T t C O ^ ^ o ^ ^ B ^

hy^rCerardOepre^PPE)

to the Commission of the European Communities

^0BC20^B22)

^ ^ c e ^ i e a s u r e s envisaged forCzechoslovakia

The drive towards democracy in Eastern Europe has now
reached Chechoslovakian it too is making rapid advances
in reforming its political system.

Towhat extent does the Commission envisaged

P extending the Rhareoperation to Czechoslovakia^

2. allowing Chechoslovakia to henefit from the trade
policy measures granted to Roland and Elungary^

^. other measures specificallyforC^echoslovakia^

Answer ^ivenhy^vlrAndriessen
on heh^lfofthe Commission

^ 2 A ^ r ^ ^

t. The Council confirmed at its meeting on^Eehruary
t ^ O the Community^ readiness to extend to the
other countries of Central and Eastern Europe
^Czechoslovakia, the Cerman democratic Republic,

Bulgaria, Romania and Yugoslavia) the assistance
measures coordinated within the Croup of 24 for Poland
and Plungary, on the hasis of commitments from the
countries concerned topolitical andeconomicreforms.
This was confirmed hy the Croup of 24 at their meeting
ontDpehruary.

In a memorandum suhmitted on t2 Eehruary and
examined hy the Croup of 24 on ^D Eehruary, the
Czechoslovak authorities undertook to introduce

political and economic reforms in order to take part in the
Rhare programme. The memorandum is now heing
studied hy the Commission, which will sendafactfinding
mission to Czechoslovakia in starch on hehalf of the

Croup of24.

2. There is at presentatrade agreement on industrial
products with Czechoslovakia, which was signed on
1^ foecemher 1 ^ The Commission has asked the

Councilfordirectives for thepurposeof negotiating a
newagreementontradeandeconomicandcommercial
cooperationwithCzechoslovakiatoreplace the existing
agreement, negotiations are expected to hegin during
^iarch. Cnce the new agreement has heen set up the
Commission will consider what other measures are

necessary to bring the treatment of Czechoslovakia into
line with that of the other countries of Central and

Eastern Europe andtoimprove that country^saccess to
the Community market.

^. Czechoslovakia has a higher level of
industrialization than most other Central and Eastern

European countries. Its needs are therefore different from
those of its neighbours and the measures undertaken
hy the Community and the Croup of 24 should take this
into account. C^ne of the aims of the mission to

Czechoslovakia to he organised hy the Commissionwill
he to examine the special needs of this country in more
detail.

^ ^ I T T E ^ ^ U E ^ T l ^ ^ ^ o t ^ D B ^

hy^rCeor^e Patterson ^EO)

to the Commission of the European Communities

^0BC20^B2^)

^ ^ c e ^ t r i k e action at the port of Calais

Muring recent industrial action at the port of Calais, the
entrance to the port was blocked to ferries coming from
Mover by local fishermen in boats.^henaferry from the
L^^ triedto get past the fishermen^sblockade,cables were
letoutinthewate^tofoultheferry^spropellers.tssuch
action iustifiable under European Community,or indeed
international, law and what action is the Commission
urging the Erench authorities to take to prevent such
incidents happening againB

No C 207/14 Official Journal of the European Communities 20. 8. 90

Answer given by Mr Van Miert
on behalf of the Commission

_(21 March 1990)_

The Commission has on several occasions commented on

events similar to those described by the Honourable
Member and can only confirm its position, namely that
the Member States have sole responsibility for matters
connected with the maintenance of public order.

As far as the Commission is aware, this particular case
does not in itself provide an adequate basis for deciding
whether the action in question was justifiable under
Community or international law.

WRITTEN QUESTION No 1310/89

by Mr Georgios Romeos (S)

to the Commission of the European Communities

_(15 January 1990)_

(90/C 207/24)

_Subject:_ Pollution of the Aegean by a Turkish
thermoelectric power-station

The Turkish Government is planning to set up a
thermoelectric power-station on the Aegean coast not far
from the islands of Lesbos and Chios.

When this power-station comes on stream, this will
seriously affect the ecology of the region with direct
repercussions for the tourist sector on which the
economies of these islands are largely based.

What measures does the Commission intend to take to

avert an ecological disaster in this area of the Eastern
Mediterranean?

WRITTEN QUESTION No 27/90

by Mr Alexandros Alavanos (CG)

to the Commission of the European Communities

_(26 January 1990)_

(90/C 207/25)

_Subject:_ Environmental impact of the power-station due
to be built near Izmir in Turkey

The Turkish Government has decided to construct a large
power-station near the sea in the Ali-Aga area of Izmir in
order to use seawater as a coolant. It has been estimated

that 60 000 tonnes of warm water will be discharged into
the sea.

Environmental movements in Turkey warn that this will
cause enormous damage to the marine environment over a

radius of up to 200 kilometres and that the gases emitted
from the power-station will cause severe atmospheric
pollution. The local residents are also campaigning
against the construction of the power-station.

There is a serious risk that when this power-station comes
on stream it will cause severe environmental damage to
the islands of the eastern Aegean.

(a) Will the Commission immediately request the
Turkish authorities for information concerning the
construction of this power-station and establish
whether a special environmental impact survey is to
be drawn up?

(b) Will the Commission call for all the necessary
measures to be taken in accordance with

international law and, in particular, the Barcelona
Convention concerning specially protected areas of
the Mediterranean Sea and, if necessary, call for this
project to be abandoned in order to avoid
aggravating the already serious environmental
situation in the Mediterranean?

Joint Answer to Written Questions No 1310/89 and 27/90
given by Mr Ripa di Meana
on behalf of the Commission

_(23 March 1990)_

The Commission is not aware of the Turkish

Government's plans to construct a thermoelectric
power-station on the Aegean coast.

It is therefore unable to say that the power-station may
prove to be an ecological disaster for the Eastern
Mediterranean.

The Commission will contact the Turkish Government to

ask for further details regarding the project and, within
the framework of its responsibilities, will then take
whatever action is required to preserve the ecology in the
Mediterranean area concerned.

WRITTEN QUESTION No 14/90

by Mr Klaus Hansen (S)

to the Commission of the European Communities

_(26 January 1990)_

(90/C 207/26)

_Subject:_ British immigration requirements for Turkish
citizens travelling in groups

Since summer 1989 the British Government has

demanded that Turkish citizens entering the country,
even those travelling in groups, such as children on school
trips, pay for individual visas. At present the fee in the
Federal Republic of Germany is DM 62,00.

20. 8. 90 Official Journal of the European Communities No C 207/15

1. Does the Commission agree that this regulation does
not encourage meetings and mutual understanding
between young people of different nations within the
European Community?

2. What steps will the Commission take to persuade the
British Government to change the visa requirements
for Turkish citizens wishing to visit Great Britain in a
group?

Answer given by Mr Bangemann
on behalf of the Commission

_(21 May 1990)_

The United Kingdom is entitled to require visas from
Turkish nationals even if they are travelling in groups, for
example school children. Member States remain free to
impose, or to grant an exemption from the obligation to
hold a visa, in respect of third country nationals.

Although the Commission has much sympathy with the
Honourable Member's wish to facilitate as much as

possible mutual understanding between many people of
different cultures and nationalities through personal
contacts, in the current state of Community law, these
decisions fall within national competence.

WRITTEN QUESTION No 31/90

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(26 January 1990)_

(90/C 207/27)

_Subject:_ Community rules on the free movement of

persons

Is the failure encountered by the five Schengen agreement
countries not an argument in favour of establishing
comprehensive Community rules on the free movement of
persons as defined in the Single European Act?

Does the Commission intend to relaunch its proposal for
a Directive on this matter?

Answer given by Mr Bangemann
on behalf of the Commission

_(29 March 1990)_

The Honourable Member is referred to the statements

made by Mr Bangemann concerning the free movement
of persons on Wednesday 14 March 1990 at Parliament's
March 1990 part-session (').

WRITTEN QUESTION No 33/90

by Mr Floras Wijsenbeek (LDR)

to the Commission of the European Communities

_(26 January 1990)_

(90/C 207/28)

_Subject:_ Special provisions in European legislation
affecting the German Democratic Republic

Article 3 (a) (2) of Directive 78/686/EEC ( [x] ) of 25 July
1978 states that diplomas awarded by the German
Democratic Republic are recognized as equivalent to
similar diplomas obtained in the Federal Republic of
Germany and, by extension, in the European Community.

Can the Commission give a list of all European legal
provisions in this and other areas which concern the
German Democratic Republic and associate it with the
European Community and Community rules?

(') OJNoL233,24. 8. 1978, p. 1.

Answer given by Mr Bangemann
on behalf of the Commission

_(25 April 1990)_

As regards recognition of the diplomas of nationals from
the German Democratic Republic, the Honourable
Member is requested to refer to the Commission's answer
to Written Question No 760/89 by Mrs Muscardini (').

The other sectoral Directives concerning mutual
recognition of diplomas ( [2] ) contain provisions similar to
those set out in Article 3 (a) (2) of Directive 78/686/EEC.

(') See page 3 of this Official Journal.
O Doctors: Directive 75/362/EEC (OJ No L 167, 30. 6. 1975);

nurses: Directive 77/452/EEC (OJ No L 176, 15.7. 1977);
vets: Directive 78/1026/EEC (OJ No L 362, 23. 12. 1978);
midwives: Directive 80/154/EEC (OJ No L 33, 11. 2. 1980);
architects: Directive 85/384/EEC (OJ No L 223, 21.8. 1985);
pharmacists: Directive 85/443/EEC (OJ No L 253,
24.9. 1985).

WRITTEN QUESTION No 52/90

by Mr J. Vandemeulebroucke (ARC)

to the Commission of the European Communities

_(2 February 1990)_

(90/C 207/29)

_Subject:_ Art forgeries and the internal market
O _Debates_ _of_ _the European_ _Parliament,_ No 3-388 (March 1990).

The art market is plagued by an increasing number of
forgeries. While they are destroyed in some Member

No C 207/16 Official Journal of the European Communities 20. 8. 90

States, this does not happen in others and they therefore
reappear on the art market after a certain time.

Can the Commission say whether Community-wide
provisions will be drawn up for the destruction of
forgeries on the art market, as part of the measures
leading up to the completion of the internal market?

Answer given by Mr Bangemann
on behalf of the Commission

_(19 April 1990)_

As far as artistic works under copyright are concerned,
the Berne Convention for the Protection of Literary and
Artistic Works, to which all Member States of the
Community adhere, contains a provision according to
which 'infringing copies of a work shall be liable to
seizure in any country of the [Berne] Union where the
work enjoys legal protection'.

Provisions implementing this obligation are found in
the legislation of Member States, with the effect
that infringing copies cannot be released without
authorization by the right holder.

For other works, for example works in relation to which
copyright has expired or which by virtue of their character
do not qualify as literary or artistic works under the Berne
Convention, their reproduction may or may not be
unflawful according to the specific circumstances of the
individual case — in particular the intended use of the
reproduction.

A Community initiative as suggested by the Honourable
Member would not be justified by the need to complete
the internal market and safeguard the free circulation of
works of art.

WRITTEN QUESTION No 53/90

by Mr J. Vandemeulebroucke (ARC)

to the Commission of the European Communities

_(2 February 1990)_

(90/C 207/30)

_Subject:_ Experts' assessments in the insurance sector and
the establishment of the internal market

In some Member States, such as Belgium, it is permissible
for technical and medical experts to draw up a forensic
report on damage resulting from a road accident which
they have already investigated on behalf of an insurance
company. Moreover, in Belgium it is the association of
insurance companies which registers vehicle experts. This
can lead to abuses in the insurance sector.

Can the Commission say what measures it intends to
propose in the context of the establishment of the internal
market to ensure that such experts are authorized by an
independent body and to ban the drawing-up at one
and the same time of forensic reports and insurance
assessments?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(23 April 1990)_

Problems of the kind mentioned by the Honourable
Member arose in a recent case in Belgium. The
Commission has no information on cases in other

Member States where the same expert has acted in respect
of the same accident under instructions both from an

insurance undertaking and from a court of law. Such
behaviour would be unethical and, indeed, contrary to the
rules of natural justice.

In Belgium the title of 'autodeskundige/expert' is not
legally protected. Under the RDR (Reglement Directe)
Convention (to speed up the settlement of the bulk of
motor insurance material damage claims) the Belgian
insurers' association has set up its own system for the
approval of motor accident experts.

However, the Commission currently has no complaints
before it suggesting that Community law is being
infringed and has no plans at present to propose
Community measures in this area.

WRITTEN QUESTION No 65/90

by Mr Artur da Cunha Oliveira (S)

to the Commission of the European Communities

_(2 February 1990)_

(90/C 207/31)

_Subject:_ Prostitution of children and juveniles in Aveiro

The Lisbon weekly newspaper, the _Expresso_ of
30 December 1989 draws attention to a wave of

prostitution of children and juveniles in the Portuguese
district of Aveiro, which, according to Social Security
legal departments, is 'assuming alarming proportions'.
Hundreds of girls between 12 and 16 years of age are said
to be engaged in prostitution.

1. Is the Commission aware of this fact?

2. What type of assistance is the Commission prepared to
grant to Portugal, not only to eliminate this 'epidemic'
but also to improve the situation of those directly
involved and prevent further outbreaks of social
degradation germinating in other boom areas of
Portugal?

20. 8. 90 Official Journal of the European Communities No C 207/17

3. Can the Commission channel this assistance towards

NGOs devoted to the rehabilitation of the persons
involved and to remedying these evils which constitute
the darker face of progress?

Answer given by Miss Papandreou
on behalf of the Commission

_(28 February 1990)_

1. No.

2. Combating child and adolescent prostitution is a
matter for Member States. Since the root cause of this

problem is the extreme poverty of the people concerned,
any Community policy or measure in support of economic
development and job creation in Portugal is going to help.
The same goes for the more specific programmes aimed at
the economic and social integration of the poorest
sections of the population.

3. With regard to the special programmes mentioned
above, the Commission attaches considerable importance
to the cooperation of non-governmental organizations
and supports coordination at Community level.

WRITTEN QUESTION No 70/90

by Mr Llewellyn Smith (S)

to the Commission of the European Communities

_(2 February 1990)_

(90/C 207/32)

_Subject:_ Safety of transport arrangements for plutonium,

etc.

Is the Commission satisfied with current safety
arrangements for the transport of 1. plutonium; 2. spent
nuclear fuels; 3. high level waste; 4. low and 5.
intermediate level radioactive wastes within the

Community?

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

_(29 March 1990)_

The five substances or products referred to by the
Honourable Member are among the radioactive materials
for which safe transport is ensured, particularly in the
Community, through compliance with the regulations
drawn up under the aegis of the International Atomic
Energy Agency (IAEA). These regulations, which are
incorporated by the Member States in their national laws,
undergo constant revision in order to take account of
anticipated developments in the transport of the different
radioactive materials.

A recent communication from the Commission to the

Council and the European Parliament (') takes stock of

the situation as regards the safe transport of these
materials in the Community and proposes that present
practice should be continued to maintain a situation
which it considers to be satisfactory.

For its part, the Council, in the conclusions it drew
on 27 November 1989 from its examination of

the Commission's communication, supported the
Commission's action and, in particular, expressed
satisfaction at the intention to expand the contribution to
the work of the IAEA in this field in consultation with the

competent authorities in the Member States.

Furthermore, with a view to further improvement of
safety in the transport of dangerous products — including
those referred to by the Honourable Member, the
Council, in December 1989, adopted Directive
89/684/EEC ( [2] ) on vocational training for certain drivers
of vehicles carrying dangerous goods by road.

The Commission also adopted a proposal for a Council
Directive concerning prior authorization for shipments of
radioactive waste ( [3] ). The purpose of that proposal is to
intensify the administrative control of movements of
radioactive waste. It adds such movements to the activities

set out in Article 5 of the Directive laying down the basic
safety standards for the health protection of the general
public and workers against the dangers of ionizing
radiation ( [4] ) for which prior authorization by the
competent authorities is required. That proposal,
pursuant to Article 31 of the Euratom Treaty, has been
submitted to the Economic and Social Committee for its

opinion.

(') SEC(89) 801 final.
O OJ No L 398, 30. 12. 1989, p. 33.
O COM(89)559.
O OJNoL246, 17.9. 1980, p. 1.

WRITTEN QUESTION No 82/90

by Mr Elio Di Rupo (S)

to the Commission of the European Communities

_(2 February 1990_

(90/C 207/33)

_Subject:_ Transborder cooperation against industrial
pollution

Serious pollution frequently occurs in industrial border
areas, caused by liquid effluent, solid waste or
atmospheric emissions.

More recently, industrial pollution of the surface water of
one Member State has been found to have its origin in
another Member State.

1. What specific measures is the Commission taking
in the framework of the Single Act to achieve

No C 207/18 Official Journal of the European Communities 20. 8. 90

cooperation between the countries concerned in order
to combat transborder pollution (from industrial,
domestic or other sources)?

2. Are there special European funds which could be
made available to local authorities to help them
respond to the damage to the environment caused by
transborder pollution?

3. If not, has a specific action programme been drawn up
to combat transborder pollution?

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

_(9 April 1990)_

1. The environmental aspects of Community policy are
covered by the new Articles 130r, 130s and 130t (and part
of Article 100a) of the Single Act.

Well before the adoption of the Single Act, however, the
Council had adopted Directives containing provisions
relating to cross-border pollution. These include a
number of Directives concerning water, such as Directive
75/440/EEC (surface water) (') and Directive
78/659/EEC (water suitable for fish-breeding) ( [2] ), both
of which stipulate that the quality objectives laid down
apply also to stretches of water which cross borders.
Directive 86/280/EEC ( [3] ) on limit values and quality
objectives for discharges of certain dangerous substances
included in list 1 of the Annex to Directive

76/464/EEC (") requires Member States to cooperate
with one another with a view to harmonizing surveillance
procedures in the case [1] of discharges affecting the waters
of more than one Member State.

On the basis of these Directives, Member States who fail
to obtain satisfaction following a cross-border pollution
incident may lodge a complaint with the Commission.
In some recent cases, the Commission has initiated
infringement proceedings against offending Member
States.

Furthermore, Article 8 of the new proposal for a Directive
concerning municipal waste water treatment ( [5] ) makes
express provision for consultation and exchange of
information between Member States affected by
cross-border pollution.

In addition to these directives there are also a number of

international conventions on cross-border pollution, to
which the Community is a signatory. These include the
Conventions on the protection of the Rhine (Decision
77/586/EEC) ( [6] ) as regards water pollution and the
Geneva Convention on long-range transboundary
atmospheric pollution (Decision 81/462/EEC) ( [7] ). In
fact, all the Directives on combating atmospheric

pollution that have been adopted since then refer to the
Geneva Convention.

With regard to waste, Directive 84/631/EEC ( [8] ) on the
supervision and control within the Community of
transfrontier shipments of hazardous waste lays down
rules on providing information in connection with such
shipments. Although essential, such controls are not
intended to replace interregional cooperation in border
areas. To give one example, a study is currently being
carried out concerning an interregional waste disposal
plan involving the Saarland (D), Lorraine (F), the
Grand Duchy of Luxembourg and the province of
Luxembourg (B).

Directive 84/631/EEC is currently being amended to take
account of the progressive elimination of internal barriers
in accordance with the Single Act, and also of the Basle
Convention. In this context, and in line with the
Community strategy for waste management ( [9] ) forwarded
by the Commission to the European Parliament, the
emphasis is to be placed on the harmonization of
standards. The Council recently adopted two Directives
on incinerators for household waste, and the Commission
is working on proposals for Directives on industrial waste
incinerators and on refuse tips.

2 and 3. Measures designed to encourage cooperation
between Member States on environmental protection may
receive support from the Structural Funds. In this context,
the Commission has drawn Member States' attention to

the need to give priority to the environmental dimension
in the operational programmes based on the Community
support frameworks. Two further Community measures,
based on Article 11 of Regulation (EEC) No 4253/88, are
also of interest in this context. The Envireg programme
is designed to tackle certain environmental problems
which particularly affect the coastal regions in the
Mediterranean, Portugal, the Republic of Ireland and
Northern Ireland that are eligible for assistance from the
Structural Funds. Under this programme projects which
involve cross-border cooperation may be cofinanced.

The Interreg programme, the guidelines for which wer*e
approved by the Commission on 14 March 1990, and.
which is expressly designed to promote cooperation of
this sort, also includes among its priorities a number of
environmental measures. These relate in particular to
the creation of nature parks, waste treatment, nature
protection programmes and programmes for combating
pollution.

;*) OJNoL 194,25.7. 1975.
; [2] ) OJNoL 222, 14.8.1978.
; [5] ) OJNoL 181,4.7. 1986.
; [4] ) OJNoL 129, 18.5. 1976.
; [5] ) OJNoC 1,4.1. 1990, p. 20.
; [6] ) OJNoL 240, 19.9. 1977.
; [7] ) OJNoL 171,27.6. 1981.
; [8] ) OJNoL 326, 13. 12. 1984,p. 31.
;") SEC(89)934, 14.9. 1989.

20. 8. 90 Official Journal of the European Communities No C 207/19

WRITTEN QUESTION No 89/90

by Mr Pedro Canavarro (S)

to the Commission of the European Communities

_(2 February 1990)_

(90/C 207/34)

_Subject:_ Eucalyptus plantations in Portugal and Spain

Is the Commission aware of the controversy surrounding
eucalyptus plantations in Portugal and Spain and, in
particular:

1. Is the Commission aware of the effects of these

plantations on the hydrographic equilibrium of the
Iberian peninsula?

2. Does the Commission know what will be the effect of

substituting fields bearing traditional or semi-wild
crops with eucalyptus plantations in respect of small
game, snails, various grasses and plants, wild fruit,
etc., which are essential to the continued existence of
rural communities dependent on them as a source of
food?

3. Is the Commission aware that, in many cases
eucalyptus is being produced on land previously used
for the cultivation of vines, which have been grubbed
up in exchange for Community premiums?

WRITTEN QUESTION No 90/90

by Mr Pedro Canavarro (S)

to the Commission of the European Communities

_(2 February 1990)_

(90/C 207/35)

_Subject:_ Eucalyptus plantations

1. Can the Commission say how much was granted by the
Community in 1988 and 1989 by way of support for
eucalyptus plantations:

(a) in the form of assistance from the structural funds;
and

(b) in the form of loans from the European Investment
Bank?

2. Has the Commission carried out any study in the
short-, medium- and longterm-impact of eucalyptus
plantations:

(a) on the incomes of the local population; and

(b) on the environment?

Joint Answer to Written Questions No 89/90 and 90/90

given by Mr Mac Sharry
on behalf of the Commission

_(15 March 1990)_

The Commission is aware of the controversy over
eucalyptus plantations in Spain and Portugal, and of the
problems such plantations can create under certain
conditions.

The Commission is in the process of studying the
eucalyptus issue, including the environmental impacts and
other effects as referred to by the Honourable Member.

However, the Commission's current knowledge would
suggest that no universally valid answers should be
expected. Conditions such as the former land use, the soil,
slope, climate, socioeconomical context and the methods
of cultivation would have to be considered on a local

basis.

This local scope signifies that the eucalyptus issue merits
the attention at all levels, from local authorities to
Community level.

The Commission will ensure that the environment and

other Community policies are given due consideration
before Community aid to afforestations is granted (').

The Commission is not in a position to provide accurate
information on the amount of Community aid to
eucalyptus afforestation nor on the replacement of
grubbed-up vineyards with eucalyptus.

However, in the case of Portugal, eucalyptus constitutes
15% of the total afforested area under the specific
programme for the development of Portuguese
agriculture ( [2] ). However the financial contribution would
be lower than 15% as the refund rate is lower for

eucalyptus than for other tree species.

The Spanish authorities have not included eucalyptus in
their demand for funding by the Structural Funds of
afforestation programmes ( [3] ).

During the period 1988 to 1989 the European Investment
Bank provided a loan of ECU 15 million for a eucalyptus
afforestation programme on lots totalling 31 530 ha (with
other species planted in addition to eucalyptus), mostly in
north-west and central Portugal. The project is being
carried out following an agreement concluded between its
promoter and the Portuguese State in 1985, covering all
major aspects of the whole production cycle, from the
forest to the transformation of a relevant portion of pulp
into paper. The afforestation works are expected to create
some 60 permanent jobs for the maintenance of the
plantations while the operation of the new paper mill
supplied from these plantations should lead to the
creation of some 250 permanent jobs.

The European Investment Bank ensures that
environmental impact assessment procedures are
implemented before granting loans to afforestations with
eucalyptus ( [4] ).

O Regulation (EEC) No 4253/88, Article 14 (2), OJ No L 374,

31. 12. 1988,p.1.
O Regulation (EEC) No 3828/85, OJ No L 372, 31. 12. 1985,

p. 5.
O Regulation (EEC) No 1118/88, OJ No L 107, 28. 4. 1988,

p. 3.
( [4] ) Directive 85/337/EEC, OJ No L 175, 5. 7. 1985, p. 40.

No C 207/20 Official Journal of the European Communities 20. 8. 90

WRITTEN QUESTION No 91/90

by Mrs Jessica Larive (LDR)

to the Commission of the European Communities

_(2 February 1990)_

(90/C 207/36)

_Subject:_ Right of abode for foreigners in Italy

Further to my Written Question No 2916/87 (') and the
Commission's answer to the effect that it is prepared to
examine any individual cases, indicating that Italy has
incorporated Community law on residence rights of
Community nationals in Presidential Decree No 1656 of
30 December 1965,

1. Is the Commission aware that the Italian Government

has drawn up new provisions in this area (Italian
Official Gazette No 132 of 8 June 1989, Regulation
No 223) and that all foreign residents in Italy are
apparently obliged to report annually to the official
responsible for the local population register and to
declare their usual residence, for which purpose they
are required to produce their residence permits?

2. How are these new, restrictive provisions consistent
with the principle of freedom of establishment for
nationals of other Member States?

3. Is the Commission prepared to investigate this
anomalous situation and, if necessary, to initiate
proceedings under Article 169 of the EEC Treaty?

O OJNoC 332,27. 12. 1988, p. 45.

Answer given by Mr Bangemann
on behalf of the Commission

_(10 May 1990)_

The obligation imposed by Article 7 (3) of the Regulation
relating to population registers (approved by Presidential
Decree No 223 of 30 May 1989, to which the Honourable
Member refers), namely that foreigners entered on the
register must declare their usual residence each year and
produce their residence permit for the purpose, appears to
infringe Community law, in so far as it is applied to
persons covered by the rules on free movement, since it
introduces unjustified discrimination between Italian
nationals resident in Italy and Community nationals
entered on the population register.

However, the Italian Government promulgated on 30
December 1989 Decree Law No 416, Article 6 of which
provides that 'foreigners in possession of a residence
permit are entitled to be entered on the population
register of the municipality in which they reside in
accordance with the same rules as those applicable to

Italian nationals'. This Decree Law was converted into a

law by Law No 39 of 28 February 1990.

The new piece of legislation, which has primacy over the
Presidential Decree of 30 May 1989, to which the
Honourable Member refers, would appear to have put an
end to the discrimination. The Commission will

nevertheless approach the Italian authorities to ensure
that Article 7 (3) of the Regulation relating to population
registers is indeed not applied to Community nationals.

WRITTEN QUESTION No 112/90

by Mrs Astrid Lulling (PPE)

to the Commission of the European Communities

_(8 February 1990)_

(90/C 207/37)

_Subject:_ Exchange of information between tax authorities

1. Can the Commission say how much information has
been exchanged between the tax authorities of the
Member States on the basis of Council Directive

77/799/EEC (') concerning mutual assistance by the
competent authorities of the Member States in the field of
direct taxation and value added tax? Can it supply a
breakdown by country, distinguishing between
information exchanged on request, automatically and
spontaneously and state the number of requests and
refusals, if any, and the reason for such refusals?

2. The proposal for a Council Directive amending
Directive 77/799/EEC (COM(89) 60 final) provides for
the addition of a subparagraph to Article 8(1) to the
effect that the Member State asked for information

may not invoke the existence of purely administrative
restrictions to justify its refusal to respond to a request for
information from the tax authorities of the Member State

where the investor concerned is resident, when they can
show specific grounds for supposing that fraud has been
committed.

— What are the 'administrative practices' referred to ?

— Has the existence of certain administrative practices
often been used to justify a refusal to supply the
information requested by the authorities of another
Member State?

O OJ No L 336, 27. 12. 1977, p. 15.

Answer given by Mrs Scrivener
on behalf of the Commission

_(30 March 1990)_

1. The Commission has no recent details of

information exchanged between the tax authorities of the

20. 8. 90 Official Journal of the European Communities No C 207/21

Member States on the basis of Council Directive

77/799/EEC concerning mutual assistance in the field of
direct taxation and value added tax.

When it investigated the operation of mutual assistance
some years ago with the representatives of the Member
States, the information they supplied was vague and
fragmentary.

2. (a) It is very difficult to define these purely
administrative restrictions. Almost always, such
practices come to light only when they are
invoked by a Member State to justify refusal to
comply with a request for assistance.

The Commission's proposal for a Directive
presented to the Council on 10 February
1989 (') is intended to dissipate the uncertainty
introduced into mutual assistance procedures
when Member States are allowed to invoke such

practices.

(b) The Commission has no information on the
number of cases where administrative practice
has been used to justify a refusal to provide
mutual assistance.

O OJNoC 141,7.6. 1989, p. 7.

WRITTEN QUESTION No 113/90

by Mrs Astrid Lulling (PPE)

to the Commission of the European Communities

_(8 February 1990)_

(90/C 207/38)

_Subject:_ Application of the Council of Europe
Convention of 20 April 1959, including the
protocol on tax offences

The Convention concluded by the Council of Europe on
20 April 1959, including the protocol on tax offences, has
been the subject of reservations on the part of the
Member States who signed it. What does the Commission
consider should be done about these reservations, if all
the Member States of the Community have signed the
Convention?

If Directive 77/799/EEC (') governs mutual assistance by
tax authorities, whilst the Convention applies as soon as
mutual aid is requested by judiciary authorities, how are
the administration phase and the judicial phase to be
linked to an inquiry procedure? In the legal systems of
some Member States a distinction is made between these

two phases — firstly, because the taxpayer is entitled to
know whether he is being questioned as part of a criminal
investigation (the guarantees offered are fundamentally
different in that case) and secondly, because it is
considered that otherwise the tax authority might unduly

influence the criminal investigation. Should it not
therefore be specified in Directive 77/799/EEC that the
Directive will cease to be applicable once a criminal
investigation has been started?

O OJNoL336,27. 12. 1977, p. 15.

Answer given by Mrs Scrivener
on behalf of the Commission

_(11 May 1990)_

The Member States which have so far signed or ratified
the 1959 Council of Europe Convention on Mutual
Assistance in Criminal Matters and its additional protocol
on tax offences have indeed entered a number of

reservations.

The Commission will examine the situation with the

Member States concerned in due course and, if necessary,
recommend that they withdraw such reservations as may
restrict the scope of mutual assistance.

The Commission would refer the Honourable Member to

Article 7 of Directive 77/799/EEC of 19 December 1977,
which clearly lays down the conditions under which a
Member State may use the information to which it is privy
under the Directive. It considers that these provisions,
taken in conjunction with national laws, are adequate, in
particular as regards the protection of taxpayers' rights. It
is not planning, therefore, to propose that they should be
amended in accordance with the Honourable Member's

wishes.

WRITTEN QUESTION No 133/90

by Mr Jannis Sakellariou (S)

to the Commission of the European Communities

_(8 February 1990)_

(90/C 207/39)

_Subject:_ Situation of the Yanomami indians in Brazil

1. What information does the Commission have on the

situation of the Yanomami indians in Brazil?

2. Is it true that the means of existence of the

Yanomami indians is being massively threatened by the
development of the region, in particular by gold
prospectors ?

3. What measures has the Brazilian Government taken

to protect the Yanomami indians?

4. Are Community development projects being carried
out or planned in the indian settlements?

No C 207/22 Official Journal of the European Communities 20. 8. 90

Answer given by Mr Matutes
on behalf of the Commission

_(3_ _April 1990)_

The Commission is kept informed of the situation of the
Yanomami indians and shares the concern expressed by
Parliament in its resolution of 18 January 1990.

Their plight is closely linked to the serious problems
affecting tropical forests to which the Commission is
actively seeking solutions. It is the Commission's hope
that the Brazilian authorities will join it in its endeavour.
At the same time the Community must not infringe the
principle of national sovereignty to avoid reactions which
might jeopardize its effort.

The Community is trying to use its geopolitical capacity
to bring its contribution to the quest for a satisfactory
solution to the problems posed by the exploitation of the
resources of the Amazon river. At human level, the same
principles inform its effort to preserve indigenous
cultures.

WRITTEN QUESTION No 135/90

by Mr Floras Wijsenbeek (LDR)

to the Commission of the European Communities

_(8 February 1990)_

(90/C 207/40)

_Subject:_ Transport by barge

1. Is it true that the proposal for a Decision on inland
waterway transport lays down that consignments carried
by regular barge services shall not exceed 50 tonnes?

2. ' Does the Commission consider that this restriction

is in line with Community law and freedom of choice in
the transport sector?

3. Does the Commission agree that this provision will
have an unfavourable impact on barge companies in
the form of reduced turnover, job losses and even
bankruptcies?

4. Does the Commission share the fear that this

restriction will inevitably lead to a transfer of business
from barge transport to road transport?

5. Does the Commission consider such a development
to be desirable?

Answer given by Mr Van Miert
on behalf of the Commission

_(3_ _April 1990)_

The Commission has not been informed of the draft

Decision on inland waterway services (Besluit Vervoer
Binnenvaart) as referred to by the Honourable Member.

However, the Commission understands that this draft

Decision entails a number of executional measures to be

taken once the draft framework law 'Wet Vervoer

Binnenvaart' has entered into force.

In its opinion ( [x] ) on this draft framework law, the
Commission requested the Dutch Government that it be
consulted on the future executional measures to be taken

under this law. Hence, the Commission has reason to

believe that it will be consulted in due course and will then

be in a position to reply in more detail to the questions put
forward by the Honourable Member.

(') OJNoL 140,29.5. 1989.

WRITTEN QUESTION No 142/90

by Mrs Anita Pollack (S)

to the Commission of the European Communities

_(8 February 1990)_

(90/C 207/41)

_Subject:_ Environmental measures and the Phare

programme

Will the Commission give details of the specific measures
related to environmental protection that are to be
undertaken under the Phare programme?

Answer given by Mr Andriessen
on behalf of the Commission

_(22 March 1990)_

Following requests and project proposals by the Polish
and Hungarian authorities, two fact-finding missions
have been carried out (in Poland on 15 to 18 January 1990
and in Hungary on 22 to 26 January 1990) by experts from
the Commission as well as from G-24 member countries.

These missions have led to a selection of priority
environment projects which are to be undertaken by the
Community with possible participation of G-24 under the
Phare programme, notably in the following fields: air
pollution monitoring and control, water treatment,
desulphurization of smoke, energy efficiency, elimination
of toxic wastes, natural conservation.

These actions will take the form of studies, technical
assistance, expertise, training and supply of equipment as
soon as the financial proposal is approved.

20. 8. 90 Official Journal of the European Communities No C 207/23

WRITTEN QUESTION No 160/90

by Mr Roberto Barzanti (GUE), Mr Dieter Schinzel (S),

Mr Antonio Coimbra Martins (S) and Mrs Marie-Claude

Vayssade (S)

to the Commission of the European Communities

_(8 February 1990)_

(90/C 207/42)

_Subject:_ Letter from the Commission to AMEF
shareholders

What results were obtained from the request for
information from the Commission's Directorate-General

for Competition to the main shareholders of the AMEF
(Mondadori) financial trust, which was reported in
the press? Does the Commission intend to open an
investigation in respect of the shareholders concerned
and, if so, when and in what form?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(10 May 1990)_

The Commission has received answers to its request for
information from the companies in question. These
answers are currently under examination. However, in
line with the Commission's practice no further details can
be given pending the outcome of the investigation.

WRITTEN QUESTION No 185/90

by Mr Filippos Pierros (PPE)

to the Commission of the European Communities

_(8 February 1990)_

(90/C 207/43)

_Subject:_ Implementation of the Integrated Mediterranean
Programme for the Peloponnese and Western
Greece

By Decision 88/401/EEC O of 20 October 1987 the
Commission approved the Integrated Mediterranean
Programme for Western Greece and the Peloponnese.

Will the Commission tell me the total sums committed,

the exact amounts made available so far and the rate

of utilization of the Community appropriations
committed?

O QJNoL191,22.7. 1988,p. 32.

Answer given by Mr Millan
on behalf of the Commission

_(27 April 1990)_

The situation with regard to commitments and payments
of Community funds for the IMP for Western Greece and
the Peloponnese on 15 February 1990 was as follows:

_(ECU million)_

Payments

55,55

38,33

14,50

0,44

5,15

ERDF

551

EAGGF

Fisheries

ESF

Commitments

175,63

47,94

15,40

0,48

9,5

WRITTEN QUESTION No 189/90

by Mr Carlos Carvalhas (CG)

to the Commission of the European Communities

_(8 February 1990)_

(90/C 207/44)

_Subject:_ Growth in the financial sector

In view of the fact that stock market indexes and the

volume of daily business on the foreign exchanges have
beaten all records, that this rate of growth bears no
relation to the development of the 'real' economy or the
growth of world trade and that Parliament's warning
about the speculative character of developments on
financial markets immediately prior to the last stock
market crash turned out to be correct, does the
Commission not agree that we are now facing a new bout
of speculation, with deleterious effects on growth and
employment, and that a large proportion of the dealings
on the foreign exchanges is not the result of genuine trade
requirements, that this rate of growth calls into question
the effectiveness of intervention by central banks and that
this speculative fever could lead to a new crisis?

Answer given by Mr Christophersen
on behalf of the Commission

_(10 May 1990)_

The Commission considers that the financial and foreign
exchange markets perform an essential function in our
economic system: the financial markets mobilize savings
and channel them into investment, while the foreign
exchange markets enable international transactions to be
balanced. Any persistant strains on these markets must be
considered symptomatic of an imbalance in the real

economy.

No C 207/24 Official Journal of the European Communities 20. 8. 90

The events referred to by the Honourable Member
occurred during the particularly long upswing of the
current economic cycle (in progress since 1982). During
this period, trade has been booming and the propensity of
companies to invest has remained strong.

Against this general economic background, the latest
stock market crises have not affected the propensity to
invest or the growth in employment; on the contrary, they
have been exploited as a means of softening the excessive
reactions of the market.

It is clear, however, that the liberalization of capital
movements and the internationalization and deregulation
of the financial and foreign exchange markets restrict the
autonomy of national monetary policies and strengthen
the need for coordination.

It is in order to regain such autonomy at European level
that the Community is embarking on a process of
economic and monetary union. The pooling of monetary
sovereignty within a new institution, as envisaged by the
Delors Committee report, will enable the European
monetary authority to control market developments more
effectively.

WRITTEN QUESTION No 191/90

by Mr Carlos Carvalhas (CG)

to the Commission of the European Communities

_(8 February 1990)_

(90/C 207/45)

_Subject:_ Portugal's export quota for iron and steel
products to the USA up to 30 March 1992

In the Community's negotiations with the USA on iron
and steel exports, insufficient account was taken of the
precise terms of the 1982 agreement between Portugal
and the USA and as a result the Portuguese quota has
been reduced by around 20 000 tonnes.

How did this happen? Was the Commission informed of
the quota Portugal wished to obtain only when it was too
late to resume negotiations with the USA? What steps
does the Commission plan to take to satisfy Portugal's
wish to have its quota increased by around 20 000 tonnes
in the next few years?

Answer given by Mr Bangemann
on behalf of the Commission

_(6 April 1990)_

The Commission only became aware of Portuguese
wishes at a very late stage in discussions with the United
States authorities on new arrangements concerning trade
in steel pipes and tubes and certain steel products. By that

time, it appeared possible neither to negotiate increased
quota levels with the United States nor to obtain the
backing of the Council for a change in the Commission's
burden-sharing proposal.

In order to resolve the difficulties so created, the
Commission confirmed that, being sympathetic to the
Portuguese Delegation's request for an additional quota
of 19 600 tonnes, the facilities provided for by the
arrangement will make it possible, if need be, to face any
specific export problems which Portugal might encounter.

WRITTEN QUESTION No 192/90

by Mr Carlos Carvalhas (CG)

to the Commission of the European Communities

_(8 February 1990)_

(90/C 207/46)

_Subject:_ The Portuguese natural gas grid scheme

Given that the Community, and especially Portugal,
needs to diversify energy sources and reduce dependence
on oil, can the Commission state whether it intends to
finance this natural gas scheme, whose cost has been
estimated to be approximately Esc 75 000 million, from
the additional ERDF quota?

Answer given by Mr Millan
on behalf of the Commission

_(12 March 1990)_

The application by the Portuguese authorities for
Community assistance for the natural gas project is
currently being considered by the Commission to see
whether it can be financed under the Community
initiatives. The Commission will take its decision as soon

as possible in the light of its overall view of the prospects
for a second series of Community initiatives and the
proposals by other Member States in similar fields.

WRITTEN QUESTION No 216/90

by Mr Filippos Pierros (PPE)

to the Commission of the European Communities

_(14 February 1990)_

(90/C 207/47)

_Subject:_ Function and evaluation of the European
Information Centres

The European Information Centres (Euroinfo Centres)
have now been operating for almost two years. Since no

20. 8. 90 Official Journal of the European Communities No C 207/25

assessment has been made of the extent to which this

network is operating to its optimal level in providing
information and documentation to businesses with a view

to 1992, can the Commission provide:

1. an evaluation of these networks and their operation;

2. a feasibility study and an assessment of the first year
of operation;

and

3. analytical information concerning the entire annual
budget and its implementation?

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

_(18 April 1990)_

The Euro Info Centre project started as a pilot project in
1987 with 39 offices in the 12 Member States. Close

surveillance of its functioning had been assured from the
beginning, including an extensive evaluation. The results
confirmed that the type of information provided by the
EICs is necessary for SMEs. Consequently, in May 1989,
the Commission decided to extend the project to assure
these services Community-wide (').

This extension started in July 1989. It includes central
training of EIC personnel, provision of EEC
documentation and databases and the technical

installation. ItAvill be finished by mid 1990, by which time
all 187 Euro Info Centres will be fully operational.

The following consolidation phase will be used to analyse
in depth the performance of the individual EICs, the
central administration and the project as a whole. If
necessary, certain revisions might then be proposed. At
the same time, the network effect (cooperation between
EICs) will be further strengthened.

The 1990 budget for the Euro Info Centre project
(Council Decision 89/490/EEC) ( [2] ) foresees ECU 14
million of which the main components are:

ECU 5 800 000 running costs, central administration, etc.,

ECU 3 700 000 (decreasing) subsidy to EICs,

ECU 1 200 000 training of EIC personnel.

O SEC(89) 931 final.
( [2] ) OJ No L 239, 16. 8. 1989, p. 3.

WRITTEN QUESTION No 222/90

by Mr Yves Verwaerde and Mr Jean-Pierre Raffarin
(LDR)

to the Commission of the European Communities

_(14 February 1990)_

(90/C 207/48)

_Subject:_ Policy to promote SMEs

Six months after the adoption of Decision
89/490/EEC (') on the improvement of the business
environment and the promotion of the development of
enterprises, and in particular small and medium-sized
enterprises in the Community, what progress has been
achieved?

(') OJ No L 239, 16. 8. 1989, p. 33.

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

_(29 March 1990)_

Council Decision 89/490/EEC identified three categories
of measures to be taken in favour of small and

medium-sized enterprises (SMEs), namely:

— the removal of undue administrative, financial and
legal constraints on the creation and development of
enterprises;

— the provision of information to enterprises on
Community policies and on the policies of each
Member State which are of concern to them;

— the encouragement of cooperation and partnership
between enterprises from different regions of the
Community.

As regards the first category of measure, the Commission
has reviewed the internal procedure of impact assessment,
whereby all of its legislative proposals are accompanied by
an analysis of their impact on business. The revised system
shortly to be introduced will be more precisely targeted on
those proposals which are of greatest significance to
business and will also cover measures within the

Commission's own sphere of competence.

A Council recommendation relating to the
implementation of a policy of administrative
simplification in favour of SMEs in the Member States
has already been presented to Parliament for consultation
purposes and should be adopted shortly by the
Council (').

As far as business finance is concerned, the Commission
launched in October 1989 a pilot project (1989 to 1994)
aimed at stimulating the formation of seed capital funds
to promote business creation. Twenty-four candidates
have been selected. A European network of seed capital
funds has been set up.

As to the legal environment for businesses, the Council
adopted on 21 December 1989 the Twelfth Company Law
Directive on single-member private limited-liability

No C 207/26 Official Journal of the European Communities 20. 8. 90

companies ( [2] ). This measure should encourage the
formation of small businesses.

Following the opinion delivered by Parliament in May
1989, the Commission has revised its proposal for a
Directive aimed at simplifying the accounting obligations
of SMEs ( [3] ); this is now before the Council.

So as to enable SMEs to profit fully from completion
of the internal market, the Commission is currently
considering possible measure in the fields of public
procurement, standards and payment periods.

As regards the provision of information to SMEs, the
Commission is opening more new Euro Info Centres
following the decision taken in May 1989 to expand
the network, the aim being to add 148 centres to the 39
already in operation.

The experimental programme 'Preparing SMEs for
Europe 1992' ( [4] ) which is designed to encourage SME
managers to define their commercial strategy with the
single market in mind, has entered its operational phase
and will be evaluated in the course of the year.

As regards cooperation between enterprises, the
Commission has been consolidating the Business
Cooperation Network (BC-Net) by making technical
improvements and replacing the non-active members of
the network. Discussions are under way on extending the
network to certain third countries outside the

Community. A start has been made on evaluating the
system.

On 26 September 1989 the Council adopted a resolution
calling on the Commission to continue its activities
aimed at creating a propitious environment for
subcontracting ( [5] ). The Commission is concentrating,
with the help of national experts, on the idea of setting up
a European Information Centre on subcontracting. Six
new multilingual sectoral glossaries are to be published in
the coming months, adding to the two that are already

out.

Decision 89/490/EEC also referred to cooperative
and mutual enterprises. The Commission sent a
communication to the Council in December 1989

adumbrating the framework for Community action in this
sector ( [6] ).

The committee provided for in Article 4 of Decision
89/490/EEC has held two meetings. As stipulated in
Article 6, the Commission will submit each year to
Parliament, the Council and the Economic and Social
Committee a report evaluating implementation of the
Decision.

O COM(89) 259 final.
O OJNoL395,30. 12. 1989.
O COM(89)561.
( [4] ) SEC(88) 1860.
O OJNoC254,7. 10. 1989.
(') SEC(89)2187.

WRITTEN QUESTION No 223/90

by Mr Joao Cravinho (S)

to the Commission of the European Communities

_(14 February 1990)_

(90/C 207/49)

_Subject:_ Infringement proceedings against Portugal

Will the Commission give details of actions for
infringement brought against Portugal in 1987, 1988 and
1989, including the content of the relevant notifications,
reasoned opinions and appeals to the Court of Justice?

Answer given by Mr Delors
on behalf of the Commission

_(2 March 1990)_

The Honourable Member is referred to the fifth and sixth
annual reports (1987 (') and 1988 ( [2] )) to the European
Parliament on Commission monitoring of the application
of Community law.

The seventh report (1989) is in the process of preparation.

(') OJNoC312, 5. 12. 1988.
O OJNoC 330,31. 12. 1989.

WRITTEN QUESTION No 250/90

by Mr Dimitrios Nianias (RDE)

to the Commission of the European Communities

_(19 February 1990)_

(90/C 207/50)

_Subject:_ EP resolution of 18 January 1990 on the
situation in Armenia

In its resolution of 18 January 1990 the EP called on the
Commission to approve emergency aid to Armenia and
Nagorno-Karabakh, in the form of essential supplies to
help them overcome the economic blockade imposed by
Azerbaijan.

What measures does the Commission intend to take to

ensure that aid is sent immediately in accordance with the
EP's resolution?

Answer given by Mr Andriessen
on behalf of the Commission

_(6_ _April 1990)_

The Commission shares the concern expressed in the
Resolution of 18 January 1990 concerning the serious

20. 8. 90 Official Journal of the European Communities No C 207/27

situation in the Soviet Republics of Armenia and
Azerbaijan. It hopes that the Soviet authorities are able to
succeed in establishing order in these Republics, in
protecting the population, of whatever nationality, and in
finding a lasting political solution which will restore peace
and stability to this region.

With regard to the proposal in the Resolution that the
Commission should send emergency aid to these regions,
the Commission would point out that it has received no
request for such aid from the Soviet authorities. In any
case, the Commission feels that the current situation in
Armenia and Azerbaijan is primarily a matter for the
Soviet Union itself to resolve. It is in no way comparable
to the natural disaster (earthquake) which struck Armenia
in December 1988, and which prompted the Community
to provide ECU 10 million in emergency aid at that time.

WRITTEN QUESTION No 256/90

by Mr Jaak Vandemeulebroucke (ARC)

to the Commission of the European Communities

_(19 February 1990)_

(90/C 207/51)

_Subject:_ The development of tourism in former industrial

areas

With reference to my Written Question No 1483/88 (') I
should like to have a complete list of the projects relating
to the promotion and development of the industrial
heritage in declining industrial regions assisted by the
ERDF during the period 1980 to 1989, accompanied by a
description of each project and specifying the region
involved and the amount of assistance given.

(') OJ No C 180, 17.7. 1989, p. 26.

Answer given by Mr Millan
on behalf of the Commission

_(29 March 1990)_

The Commission will forward the information requested
directly to the Honourable Member and to the Secretariat
of the European Parliament. It wishes to point out that
the declining industrial regions concerned are those
defined by Council Regulation (EEC) No 4254/88 (') of
19 December 1988 concerning the ERDF, which took
effect on January 1989.

O OJNoL374,31. 12. 1988,p. 15.

WRITTEN QUESTION No 266/90

by Mr Bouke Beumer (PPE)

to the Commission of the European Communities

_(19 February 1990)_

(90/C 207/52)

_Subject:_ Lack of R and D activities by Japanese
undertakings in Europe

A survey carried out by Ni Ihon Keizan Shimbun Inc,
covering 131 large Japanese undertakings, shows that
almost 70 % of the undertakings questioned do not intend
to transfer their research and development activities to
Europe and/or appoint Europeans to top management
posts. Most of the large Japanese undertakings covered by
the survey are either established in Europe (41,8%) or
intend to establish themselves in Europe in the near future
(9,6%).

Does the Commission consider that a structured and

fruitful dialogue with Japan is still possibile on such a
basis? Does the Commission intend to make more specific
demands on Japanese companies providing a substantial
part of the European market with products and services
concerning the transfer of some of their research and
development activities to Europe?

Answer given by Mr Andriessen
on behalf of the Commission

_(24 April 1990)_

Decisions pertaining to the location of research and
development or the nomination of managers are entirely
within the scope of private enterprise itself. European
companies with foreign direct investment in third
countries would not want local governments to interfere
with this sort of decision, and by the same token the
Commission does not intend to interfere with decisions of

this nature taken by Japanese investors in the Community.

Still, the Commission judges it of great importance that
Japanese investors do take into account the social
acceptability of their actions in Europe. In discussions
between the Commission and Japanese contacts, the
advice is therefore frequently given that Japanese direct
investments into the Community should integrate into the
economic and social fabric of our societies. This means in

practice, that it would be desirable if they use as much as
possible local subcontractors and local managers, and that
they transfer not only production, but also research and
development.

No C 207/28 Official Journal of the European Communities 20. 8. 90

WRITTEN QUESTION No 295/90

by Mr Maxime Verhagen (PPE)

to the Commission of the European Communities

_(21 February 1990)_

(90/C 207/53)

_Subject:_ Squandering of development aid funds as a result
of corruption

1. Does the Commission agree that too much money
earmarked for development aid is being squandered as a
result of corruption?

2. What measures is the Commission taking to prevent
the squandering of development funds as a result of
corruption in order to ensure that EC development aid
does not go astray?

3. Does the Commission agree that additional
measures are necessary effectively to curb corruption in
the allocation of development aid and ensure that it
reaches its intended recipients?

Answer given by Mr Marin
on behalf of the Commission

_(3_ _May 1990)_

The rules governing the management of development aid
appropriations are strict enough to prevent funds being
wasted. Thus the central principle of aid administration is
that payments are made direct to suppliers of goods and
services.

Because there is a clear division of responsibilities
between authorizing officer, auditor and accountant,
every financial operation set in motion by an authorizing
officer is checked by an auditor at the payment stage.

The same procedure applies to payments made by
headquarters, with local expenditure in ACP and
Mediterranean countries being first checked by the
Commission delegates in the countries concerned and
then endorsed at headquarters by an authorizing officer
and auditor. In the case of the LAA developing countries
there is no local expenditure.

It goes without saying that those responsible for
managing development aid appropriations must adhere
scrupulously, in implementing projects and programmes,
to the agreements and regulations forming the framework
for the operations, lest they become personally and
financially liable.

Furthermore, at the close of each financial year, the
Commission is required to draw up a balance sheet and
management account, and submit them to the Court of
Auditors, Council and Parliament for discharge. In
practice, an annual report on the Commission's
management of the funds is passed on by the Court of
Auditors to the bodies involved. The report and the
Commission's responses to the Court's comments are

used first by the Council and then by Parliament as a basis
for deciding whether or not to grant a discharge to the
Commission.

A discharge is generally accompanied by Parliament's
recommendations to the Commission, which must then
provide regular information on the measures it has taken
to correct any deficiencies which the checks have brought
to light.

No criticisms of the kind referred to have ever been made

in the course of the scrutiny of the accounts described
above.

On being informed that the situation in a particular
country is deteriorating, the Commission will
automatically send headquarters staff on a fact-finding
mission, which may include representatives of the
monitoring departments. These departments may
themselves decide to send staff on specific missions in the
light of the circumstances in particular countries or
material in their possession.

With the benefit of its experience, the Commission
therefore considers that it is sufficiently well equipped to
face any eventuality.

WRITTEN QUESTION No 296/90

by Mrs Cristiana Muscardini (NI)

to the Commission of the European Communities

_(21 February 1990)_

(90/C 207/54)

_Subject:_ Danger of contracting AIDS in the exercise of
certain occupations

The exercise of certain occupations (beautician,
hairdresser, chiropodist etc.) involves the use of cutting
and piercing instruments, thereby increasing the risk of
contracting AIDS.

Given the extreme danger to those engaged in such
occupations and to the members of the public using their
services and the actual incidence of cases of AIDS

infection occurring in such circumstances, what measures
does the Commission intend to initiate and what

standards does it intend to lay down for the exercise of
such occupations as part of the framework programme to
combat AIDS?

WRITTEN QUESTION No 297/90

by Mrs Cristiana Muscardini (NI)

to the Commission of the European Communities

_(21 February 1990)_

(90/C 207/55)

_Subject:_ Danger of contracting the AIDS virus in the
exercise of paramedical occupations

The World Health Organization has been drawing
attention to the growing incidence of AIDS infection

20. 8. 90 Official Journal of the European Communities No C 207/29

contracted by paramedical staff in the exercise of their
occupations and in particular in the care and treatment of
AIDS victims. Since the exercise of such occupations
involves the use of cutting and piercing instruments and
since recent technological progress has led to the
development of a hypodermic needle which automatically
disintegrates after use, thereby considerably reducing the
risk, of paramedical staff and drug addicts contracting the
disease, what measures does the Commission intend to
initiate in this area as part of the framework programme
to combat AIDS?

Joint Answer to Written Questions No 296/90 and 297/90

given by Mrs Papandreou
on behalf of the Commission

_(10 April 1990)_

The Commission has already put forward measures
covering the HIV virus in the proposal for a Council
Directive on the protection of workers from the risks
related to exposure to biological agents at work ( [1] ).

The information currently available to the Commission
and the review of the situation by the WHO show that the
risks of accidental infection by the HIV virus are very
slight, in the case of a cut or an accidental scratch.
Nonetheless it is true that precautions should be taken to
prevent such accidents and persons in certain occupations
should remain alert to the risks involved.

In connection with its activities to combat AIDS,
the Commission is currently studying all technical
innovations which might reduce the risks of infection.

In the context of medical and health research, the
Commission has launched a joint study of accidental
exposure to the HIV virus. This concerted action will
investigate circumstances in which health care workers
suffer accidental injury (e.g. punctures by syringes) and
their consequences.

(') OJNoC218,24.8. 1989,p. 5.

WRITTEN QUESTION No 301/90

by Mr Giuseppe Mottola (PPE)

to the Commission of the European Communities

_(21 February 1990)_

(90/C 207/56)

_Subject:_ European Tourism Year

1990 has been designated European Tourism Year. Can
the Commission say:

1. What specific measures it intends to draw up, given
that there is practically no mention of tourism in the
Commission Programme for 1990?

2. What criteria of its own it has adopted, or intends
to adopt, for priority funding of projects with
a predominantly tourist component, under the
Structural Fund and as part of the Community
provision for structural measures?

3. Whether it has earmarked a specific share of
appropriations for Community initiatives to promote
tourism in the Mezzogiorno regions of Italy?

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

_(10 May 1990)_

Numerous pan-European and national initiatives are
scheduled for 1990 as European Tourism Year. They
include official events, national competitions, a television
spectacular, a hot-air balloon race, etc. There are also
plans for European tourist-promotion measures aimed at
countries such as Japan, Canada and the United States. In
addition, a number of projects linked to the objectives set
for European Tourism Year will benefit from Community
financial assistance. They include pilot schemes to
promote tourism outside the normal holiday season,
cultural and rural tourism, subsidized tourism for
workers and their families, and measures to foster travel
for young people.

In a number of Community support frameworks (CSFs)
for Objectives 1 and 2 of the Structural Funds, the
Commission, in agreement with the Member States and
regional authorities concerned, has given priority to
tourism in so far as it contributes to the development or
conversion of the regions concerned.

The measures to be financed will be specified during
implementation of the CSFs, in accordance with
Community legislation, and in particular the Directives
on environmental protection.

As regards the regions of the Mezzogiorno in particular,
the CSF for Objective 1 fixes the indicative amount
of Community resources to be allocated to tourist
development up to 1993 at ECU 786 million out of overall
investment of ECU 1 937 million.

Apart from an improvement in the provision of services to
small businesses, the chief measures to be part-financed
out of Community resources relate to the following:

— assistance for improving facilities aimed in particular
at reducing the seasonal nature of tourism,

No C 207/30 Official Journal of the European Communities _20._ 8. 90

— development of the architectural, historical, artistic
and natural heritage,

— measures to enhance the quality of life in the large
conurbations of the Mezzogiorno, notably Naples
and Palermo.

WRITTEN QUESTION No 320/90

by Mrs Winifred Ewing (ARC)

to the Commission of the European Communities

_(21 February 1990)_

(90/C 207/57)

_Subject:_ European Year of Tourism

Will the Commission provide details on the nature of
the projects it will sponsor during European Year of
Tourism?

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

_(2_ _April 1990)_

Well over 500 projects covering a wide range of subjects
have been submitted to the Commission from Member

States and international organizations for the European
Year of Tourism. These have been evaluated according to
a series of criteria set down in the Council's Decision of

21 December 1988 (') which calls for projects to be
submitted under four main headings — rural, cultural,
social and youth tourism. The projects have also been
examined in view of their European or Community
character, additionality, contribution to off-season
tourism and compatibility with the environment. After
consultation with the EYT Steering Committee some one
hundred and eighty national projects have been accepted
for co-financing up to a maximum of 40 % of their total
cost. These projects cover all twelve Member States. A
large number of projects are concerned with tourism and
environmental impact. There are also a number of
heritage trails covering themes such as the Celts, and
cultural itineraries such as the Goethe route in Alsace —

Baden-Wurttemberg and a cross-border project 'On the
trail of Vincent van Gogh'. Other projects concern youth
tourism, industrial tourism, rural and social tourism and
tourism for the handicapped.

To date some fifteen pan-European projects have also
been accepted and the Commission is finalizing the
evaluation and consultation procedure with the Steering
Committee on a further series of pan-European projects.
At the Steering Comittee meeting on 16 February 1990 the
Commission announced its intention to extend the

deadline for the submission of pan-European projects
involving Eastern European countries until 1 May.
Decisions concerning these projects are due to be made by
mid-June.

The Commission is sending directly to the Honourable
Member and to the Secretariat-General of the European
Parliament a list of projects accepted for co-financing and
a description of the projects agreed by the end of 1989.

O OJNoL 17,21. 1. 1989.

WRITTEN QUESTION No 323/90

by Mrs Winifred Ewing (ARC)

to the Commission of the European Communities

_(21 February 1990)_

(90/C 207/58)

_Subject:_ Zero rated VAT for UK charities

Will the Commission give its assurance that the present
'zero rated' VAT reliefs for British charities will be

safeguarded from changes under the forthcoming
legislation to approximate VAT rates in the Community?

Answer given by Mrs Scrivener
on behalf of the Commission

_(18 May 1990)_

In its Communication of 14 June 1989 ( [x] ) the Commission
indicated that it was prepared to envisage the possibility
of Member States who so wish continuing to zero rate,
for VAT purposes, a very limited range of goods and
services subject to a certain number of conditions.

It is now up to those Member States concerned with zero
rates to make their position known and for the other
Member States — who would have to be in agreement —
to consider their attitudes to such requests. Discussions
on this question are currently taking place within the
Council framework and it is not possible at this stage to
predict what the outcome on the zero rating of charities
will be.

(') COM(89)260.

WRITTEN QUESTION No 334/90

     - by Mr Mihail Papayannakis (GUE)

to the Commission of the European Communities

_(21 February 1990)_

(90/C 207/59)

_Subject:_ Infringement of Directive 79/409/EEC

Louros is the most westerly and the largest of a group of
islets separating the Mesologion Lagoon from the Gulf of

20. 8. 90 Official Journal of the European Communities No C 207/31

Patras. Together these islets form the Etolikon Lagoon,
which is a complex and delicate ecosystem in the Acheloos
wetlands. The islet of Louros is protected under the
Ramsar Convention. It is the home of rare species of birds
threatened with extinction and therefore strictly protected
under Annex I of Directive 79/409/EEC (').

Over the last few years about 150 houses have been
constructed illegally on this islet and the construction
work is continuing.

1. Owing to lack of infrastructure there are no special
dumps for the disposal of solid and liquid waste, no
refuse collection services, no sewage or biological
purification systems, no water supply network, etc.

2. These building activities are destroying flora and
fauna, are damaging the ecosystem and are gradually
transforming a protected area into an uncontrolled
building site.

— Will the Commission therefore require measures
to be taken, under Articles 3 (2) and 4 of Directive
79/409/EEC, to repair the damage done to this
wetland habitat?

— In broader terms, what measures does it intend to
take against Greece, for its infringement of
Directive 79/409/EEC?

O O J N o L 103,25.4. 1979, p. 1.

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

_(17 April 1990)_

The Commission is pleased to inform the Honourable
Member that, as part of the ACE project (Action by the
Community relating to the Environment) concerning this
area, it is supporting work on a management plan which
should include a satisfactory solution to the problem of
illegal building activity.

The Commission has already received a complaint about
the destruction of Louros, designated by the Greek
authorities as a special protection area under Article 4(1)
of Directive 79/409/EEC on the conservation of wild

birds.

In response to the complaint, the Commission has asked
the Greek authorities to provide the relevant information
on the application of Directive 79/409/EEC in Greece, in
particular Article 3 and 4 thereof.

The Commission is continuing to investigate the matter.

WRITTEN QUESTION No 355/90

by Mr Yves Verwaerde and Mr Jean-Pierre Raff arm
(LDR)

to the Commission of the European Communities

_(26 February 1990)_

(90/C 207/60)

_Subject:_ Energy policy (nuclear energy)

What measures does the Commission intend to take to

support the work being done by industrial groups in six
Member States with a view to assessing the European
breeder reactor project known as the 'European Fast
Reactor'?

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

_(6_ _April 1990)_

Pursuant to Article 40 of the Euratom Treaty the
Commission recently published an update of the
Illustrative Nuclear Programme for the Community
(PINC), together with the opinion of the Economic and
Social Committee (').

In this document the Commission recognizes the value of
the European Fast Reactor project (EFR). It considers
that the project, which pools the work of qualified firms
in the Member States, is 'accompanied by rationalization
which will result, on the one hand, in substantial savings
of resources and the setting-up of an integrated industrial
structure and, on the other hand, in the definition of
a single — and in consequence exemplary — set of
standards which, at the appropriate time, will facilitate the
operation of the internal market' ( [2] ).

In addition, the EFR project is one of the areas likely to
benefit from the Commission's work, both theoretical
and experimental, on the technological safety of nuclear
installations and its efforts to harmonize the national

safety requirements in this field.

Lastly, the Commission receives regular progress reports
from the EFR promoters and the two sides will in due
course be looking at ways of involving the Commission in
the assessment of the project.

(') COM(89) 347 final.
( [2] ) Extract from the summary of the PINC, page 5, paragraph 3,
last sentence.

No C 207/32 Official Journal of the European Communities 20. 8. 90

WRITTEN QUESTION No 370/90

by Mr Jean-Pierre Raffarin (LDR)

to the Commission of the European Communities

_(26 February 1990)_

(90/C 207/61)

_Subject:_ An 'Atlantic Arc' route in a forthcoming cycle
tour of the Community

Can the Commission propose to the organizers of the
Cycle Tour of the Community that they include an
'Atlantic Arc' route in a forthcoming race?

Five Member States would be involved, from Dublin to

Seville.

The Atlantic Group of the European Parliament can make
relevant suggestions if the Commission and its President
are interested in this proposal.

Answer given by Mr Dondelinger
on behalf of the Commission

_(24 April 1990)_

The Commission is prepared to look at any proposal
submitted by the Atlantic Group regarding an 'Atlantic
Arc' route for the Cycle Tour of the Community.
However, it should be borne in mind that technical and

financial considerations enter into the choice of route as

well.

WRITTEN QUESTION No 372/90

by Mr Jean-Pierre Raffarin (LDR)

to the Commission of the European Communities

_(26 February 1990)_

(90/C 207/62)

_Subject:_ Symposium of the European Secretariat for the
Liberal Professions

What conclusions does Commissioner Bangemann draw
from his participation in the symposium organized by the
European Secretariat for the Liberal Professions (Seplis),
in particular with respect to professional freedoms and
the independence of the liberal professions in the context
of the single market?

Answer given by Mr Bangemann
on behalf of the Commission

_(4 April 1990)_

The Commission welcomes every opportunity for
dialogue with the professions. It considers that the Seplis
symposium was very useful for all those taking part, who
were able to discuss at length a wide range of questions
concerning the professions.

The Commission shares the view of the Honourable

Member that independence is one of the main
characteristics of the professions. The completion of the
internal market in 1992 will require a greater degree of
solidarity, mutual understanding and cooperation
between their members.

WRITTEN QUESTION No 381/90

by Mr Carlos Robles Piquer (PPE)

to the Commission of the European Communities

_(26 February 1990)_

(90/C 207/63)

_Subject:_ The automobile industry faced with the Japanese
invasion

Two members of the French Government recently
disagreed about Japan's intentions towards the European
Community and forms of defence against what some
observers have no hesitation in calling 'economic
aggression', which may seriously undermine the fabric of
European industry.

The same concern, with regard to the motor vehicle
industry, was the focus of debate at the Conference on the
future of the automobile industry in Spain, held shortly
before that difference of opinion occurred in France.
Since Spain is now the seventh most important producer
of motor vehicles in the world, with an annual production
of more than two million vehicles, it is easy to understand
how important this sector is considered to be and what its
possible takeover by Japanese interests would mean.

Can the Commission say what prospects it sees for the
European automobile industry and comment on Europe's
ability to withstand an increase in the Japanese invasion?

Answer given by Mr Bangemann
on behalf of the Commission

_(6_ _April 1990)_

On 6 December 1989 the Commission adopted a
communication to the Council and Parliament on a single
Community motor vehicle market (').

20. 8. 90 Official Journal of the European Communities No C 207/33

In this document the Commission states that an

examination of the prospects for balancing supply
and demand in the medium term and for adjusting
to increased international, particularly Japanese,
competition '. . . permits some optimism about the
sector's capacity to adjust, although it also reveals signs of
fragility which mean that any adjustment must be
gradual.'

The Commission aims to achieve this gradual adjustment
by means of a package of internal measures and a
transitional period for the market. Both these aspects are
dealt with in the abovementioned communication.

O SEC(89) 2118 final.

WRITTEN QUESTION No 390/90

by Mr Filippos Pierros (PPE)

to the Commission of the European Communities

_(26 February 1990)_

(90/C 207/64)

_Subject:_ Delay in payment of Community funds to
Greece under the Integrated Mediterranean
Programmes

Despite the fact that the appropriate official
representations have been made to DG XVI of the
Commission (letter from the Greek Government dated
19 September 1989, reference number 34902/MPl 1980),
there is a delay in releasing advance payments for 1989
from Budget ite,m 551 for the Integrated Mediterranean
Programmes for Eastern, Central and Western Greece,
the Pelopponese, Macedonia-Thrace and the Aegean
islands. This delay is causing serious problems for the
smooth running of the Greek Integrated Mediterranean
Programmes.

Can the Commission explain this delay and does it intend
to take the measures required to effect payment?

Answer given by Mr Millan
on behalf of the Commission

_(17 May 1990)_

Payments and advances of Community funds in the
context of the Greek IMPs are made on the basis of the

rate of implementation of the programmes in question,
duly supported payment claims by the Member State
concerned and evidence of the smooth operation of the
programme as a whole.

With regard to the facts and the IMPs mentioned by the
Honourable Member, the Commission can assure him

that the procedures for making the first advance payment
for 1989 (and even for the second advance in certain
cases) are in hand.

WRITTEN QUESTION No 406/90

by Mr Maxime Verhagen (PPE)

to the Commission of the European Communities

_(5 March 1990)_

(90/C 207/65)

_Subject:_ Unlawful killings in Liberia

1. Is the Commission aware of reports that in Nimba
County (north-east Liberia) and in the capital Monrovia
hundreds of unarmed citizens have been killed by rebels
and government troops?

2. Is the Commission also aware that during the
invasion of 24 December 1989 government troops burned
the villages of Butuo and Karnplay to the ground and
killed a large number of the inhabitants?

3. Is the Commission prepared to express its concern
and call on the Liberian Government to bring an
immediate halt to these unlawful killings?

4. What other steps will the Commission take in order
to put a stop to these alarming developments in Liberia?

Answer given by Mr Marin
on behalf of the Commission

_(19 April 1990)_

1. The Commission has been kept informed of the
regrettable events which have taken place in Nimba
County, in Liberia, since 24 December 1989 following the
intrusion of an armed party inside Liberian borders.

2. The Commission is aware that the civilian

population has suffered both from the initial armed
intrusion and subsequently from the actions taken by the
Liberian army to repel it.

3. and 4. As soon as reliable reports confirmed the
events described by the Honourable Member, the
delegate of the Commission in Liberia joined with
resident EEC Ambassadors in sending a note to the
Liberian Ministry of Foreign Affairs expressing the
concern of the Community and its Member States at the
events in Nimba County in which many civilian deaths
had been reported. It also drew attention to the need to
ensure the safety of the Community citizens living in

No C 207/34 Official Journal of the European Communities 20. 8. 90

Liberia. Also, the Ambassadors expressed the wish that
the Liberian authorities take action to prevent the further
shedding of innocent blood.

The Community, both independently and in concertation
with other international donors is making every effort to
provide emergency aid to the displaced population in
neighbouring Guinea and Ivory Coast. Emergency
assistance of ECU 505 000 has already been agreed for
this purpose. Meanwhile the Commission, through its
delegation in Monrovia, and in consultation with local
representatives of the Member States and other agencies,
continues to monitor the situation closely, particularly as
regards the internally displaced population. It stands
ready to respond as necessary and in the most appropriate
way to the need to provide relief to these persons, in
concert with NGO's with particular experience of
Liberian conditions.

WRITTEN QUESTION No 415/90

by Mr Victor Manuel Arbeloa Muru (S)

to the Commission of the European Communities

_(5 March 1990)_

(90/C 207/66)

_Subject:_ Cooperation with Asia and Latin America

When does the Commission plan to set out, as promised
in its programme for 1990, the broad framework for
future cooperation with Asia and Latin America?

Answer given by Mr Matutes
on behalf of the Commission

_(24 April 1990)_

The document setting out the outlook for cooperation
with Latin America and Asia for the next ten years is soon
to be presented to the Commission and will be sent, as
planned, to the European Parliament and the Council in
late April or early May.

WRITTEN QUESTION No 420/90

by Mr Victor Manuel Arbeloa Muru (S)

to the Commission of the European Communities

_(5 March 1990)_

(90/C 207/67)

_Subject:_ Indicative aid programmes for Rwanda

Is it true, as the latest Court of Auditors report would
seem to suggest, that in the case of EDF aid for Rwanda
the precise objectives of the programmes were not
quantified? Was not, and is not, the Community effort

concentrated on ensuring a secure supply of food by
improving agricultural techniques, research and publicity
in the agricultural field and establishing agricultural
credit mechanisms capable of responding to rural needs?

Answer given by Mr Marin
on behalf of the Commission

_(6_ _April 1990)_

As the Commission indicated in its response to the Court
of Auditors, the latter's comments suggest that it looks
at the programming process in isolation from the
cooperation process.

This is a misinterpretation of the Commission's approach.
The dialogue which underpins programming does not end
with the establishment of the indicative programme.
Programming, identifying projects, financing,
implementation and evaluation are all phases of the same
process. More specifically, targets and the ways and
means of achieving them emerge in the course of time
from a sustained dialogue with the State concerned.

This dialogue led Rwanda and the Commission to adopt
the Lome III indicative programme of financial and
technical cooperation on 9 December 1985.

This programme makes food strategy and rural
development the focal area of cooperation between
Rwanda and the EEC and clearly identifies the specific
objectives to be pursued. The latter are not limited to
those mentioned by the Court of Auditors and repeated in
the question, i.e. improving agricultural techniques,
research and extension operations and establishing
agricultural credit mechanisms. They also concern
improving the standard of living in rural areas, setting up
trading and marketing networks, supporting local
government, promoting cottage industry and creating
jobs not directly related to agriculture in rural areas,
protecting and conserving soil and forest resources,
training technicians and rural administrators and
improving the balance of the diet by diversifying the
food products available, providing nutritional education
and increasing public awareness of demographic
considerations.

The continuation of the dialogue bore fruit with the
establishment of a ECU 51 million food/strategy support
programme. This programme contains three elements.
Two concern the continuity which the Court of Auditors'
report seems to doubt; these are the continuation of the
Commission's involvement in the Butare and Zaire-Nile

Ridge areas. The third element of the programme is aimed
at helping Rwanda define and implement a national policy
on inputs in the broadest sense of the term.

20. 8. 90 Official Journal of the European Communities No C 207/35

This programme's different elements and subprojects,
their financial, economic and environmental objectives
and their impact on the population were all set out in the
financing agreement approved by the Commission in
1987. This programme is subject to regular evaluation,
which also allows the objectives and resources to' be
adjusted to circumstances.

The Commission can therefore reassure the Honourable

Member that the development projects which it finances,
in this instance in Rwanda, always have precise objectives,
quantified with the greatest precision possible.

WRITTEN QUESTION No 421/90

by Mr Victor Manuel Arbeloa Muru (S)

to the Commission of the European Communities

_(5 March 1990)_

(90/C 207/68)

_Subject:_ The real resources of the ACP countries in
relation to aid programmes

Do draft EDF programmes include details of the real
resources which the ACP countries have available to meet

their commitments ?

Answer given by Mr Marin
on behalf of the Commission

_(11 April 1990)_

Commitments are agreed with the ACP States on two
levels: sectors and individual operations.

The ACP States' sectoral commitments are set out in the

indicative programme in the context of support for
sectoral strategies and policies. The Commission's policy
has been to let projects and programmes progress to their
operational stage proper only when it is satisfied with the
steps taken by the ACP States. It has in some cases put off
operational implementation until government measures
were taken.

When appraising individual operations, the Commission
identifies specific commitments connected with the
particular nature of each operation in addition to the
sectoral commitments referred to above. Such appraisals,
which are conducted jointly with the ACP States in the
same spirit of dialogue which informs the programming
process, also deal both with the desirability and with the
feasibility of specific commitments to be met by an ACP
State.

WRITTEN QUESTION No 425/90

by Mr Jose Barros Moura (CG)

to the Commission of the European Communities

_(5 March 1990)_

(90/C 207/69)

_Subject:_ ILO report on second-generation immigrants

How does the Commission view the recent ILO report
on second-generation immigrants in the European
Community, which states that some seven million are
trapped on the fringes of society and that the fact that
they account for 10% of all Europeans under 20, a
growing proportion, constitutes a demographic time
bomb? The ILO is calling for these young people to be
integrated fully into the societies in which they live, in
particular by being allowed to take part in political and
social processes by virtue of, among other things, the vote
and complete freedom to benefit from education and
training systems. Will the Commission therefore bear
these recommendations in mind when formulating its
policy?

Answer given by Mrs Papandreou
on behalf of the Commission

_(3_ _April 1990)_

The Commission has closely followed the UNDP/ILO
European regional project to assist second-generation
migrants and has provided financial support for certain
pilot schemes. The Commission took account of the
recommendations to which the Honourable Member

refers both in its 'Guidelines for a Community policy on
migration' (') and in its endeavours to have these
guidelines implemented.

When taking stock of the various national positions on
immigration, as requested by the European Council at its
meeting in Strasbourg on 8 and 9 December 1989, the
Commission will pay special attention to the status of
migrants' children.

(') OJNoC 186,26.7. 1985.

WRITTEN QUESTION No 431/90

by Mr Yves Verwaerde and Mr Jean-Pierre Raffarin
(LDR)

to the Commission of the European Communities

_(5_ _March 1990)_

(90/C 207/70)

_Subject:_ High definition television

A European Economic Interest Grouping for television is
to be set up shortly.

No C 207/36 Official Journal of the European Communities 20. 8. 90

What will be the criteria used to decide the geographical
location of this EEIG to be formed by industrialists,
television companies and programme producers?

Answer given by Mr Pandolf i
on behalf of the Commission

_(6 April 1990)_

The decision on the location of the Vision 1250 European
Economic Interest Grouping is not a matter for the
Commission, but is proposed by the EEIG's Steering
Committee and adopted by the General Meeting, at which
the Commission does not have a vote.

The structure of the EEIG is designed to be lightweight
and flexible for the purposes of coordinating the use of a
pool of equipment throughout the Community and, as far
as the Commission is aware, its head office will consist of
just one administrative unit. The number of permanent
staff will be small, probably fewer than ten. The
headquarters is not intended to become a centre for the
production of high-definition television programmes, as
the equipment managed by Vision 1250 will be mobile,
being either in use at filming locations or with the
manufacturers for maintenance and repairs.

WRITTEN QUESTION No 433/90

by Mr Alain Lamassoure (LDR)

to the Commission of the European Communities

_(5 March 1990)_

(90/C 207/71)

_Subject:_ Recovery of business debts in intra-Community
trade

As the single market of 1993 draws nearer, the
transfrontier trade of small and medium-sized

undertakings is still faced with the difficulty of recovering
business debts from partners from other Community
countries.

In the light of the findings of its study on the time
normally taken to recover business debts in the different
Member States, will the Commission take special
measures to enable small firms to recover international

debts more easily?

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

_(9 April 1990)_

The study on time taken to recover business debts showed
that terms varied widely from one Member State to
another. Periods usually allowed for payment range from

30 to 120 days. Delayed receipt of payment appears to
be a major problem for firms, especially small and
medium-sized ones.

The Commission is currently looking into possible ways
of solving this problem, and considering whether it is
worth proposing legislation to shorten payment periods
and to encourage payment on the date agreed.

The Commission has also begun to investigate small
firms' access to the courts, with a view to studying how
Community action could help to prevent or overcome the
difficulties encountered by small and medium-sized firms
in their business dealings with other companies, including
difficulties associated with debt recovery.

WRITTEN QUESTION No 439/90

by Mr Sotiris Kostopoulos (S)

to the Commission of the European Communities

_(5 March 1990)_

(90/C 207/72)

_Subject:_ Removal of disparities in the audio-visual sector

The introduction of 'television without frontiers' in

conjunction with joint programmes such as Media etc.,
and moves towards the introduction of a European
system of high definition television will in all likelihood
create an extremely competitive climate.

What measures will the Commission take to ensure

balanced conditions of competition to avoid placing at a
disadvantage Member States such as Greece which, while
they are very well endowed in terms of cultural heritage
and dynamism, are lagging behind in economic and
technological terms?

Are measures planned to provide balanced support in this
sector to avoid any form of 'dominance' in the audiovisual
sector in respect of the quality of information broadcast
to European citizens and the production and broadcasting
of programmes of all kinds?

Answer given by Mr Bangemann
on behalf of the Commission

_(18 April 1990)_

The Commission would refer the Honourable Member to

its recent communication of 21 February 1990 on
audio-visual policy ( [x] ), in which stress is placed among
other things on the need for coordinated action to
overcome the fragmentation of markets while
safeguarding the diversity of European culture and in
which a set of practical measures designed to help achieve
those objectives is proposed as part of an overall
approach.

20. 8. 90 Official Journal of the European Communities No C 207/37

The Honourable Member's attention is also drawn to the

fact that the 'television without frontiers' Directive
(Directive 89/552/EEC of 3 October 1989) ( [2] ) makes
allowance, in relation to promotion of the distribution
and production of television programmes, for the special
situation obtaining in Greece and Portugal (Article 4 (2))
and, in general, in countries with a low audio-visual
production capacity or restricted language area (cf. 20th
recital).

O COM(90) 78 final.
O OJNoL298,17. 10. 1989, p. 23.

WRITTEN QUESTION No 448/90

by Mr Antoni Gutierrez Diaz (GUE)

to the Commission of the European Communities

_(5 March 1990)_

(90/C 207/73)

_Subject:_ Rights and freedoms in Andorra

The Andorran authorities have begun to develop warmer
relations with the European Community and the Council
of Europe. However, under the legislation in force in the
Principality fundamental rights and freedoms — such as
the right of association and trade union rights — are far
below the acceptable minimum in a democratic society.
Citizens from Community countries — who form the
bulk of the population — have no political rights and no
institutional means of participation.

In the negotiations under way on cooperation between
the Community and the Principality of Andorra, has the
Commission raised with the Andorran authorities the

need to ensure the free exercise of democratic rights and
freedoms by the population of the Principality?

If not, would the Commission raise this question as a
precondition of any cooperation agreement with the
Principality?

Answer given by Mr Matutes
on behalf of the Commission

_(19 June 1990)_

The Commission would refer the Honourable Member to

the reply to oral question H-331/89 by Mr Garaikoetxea
Urrizza, which it gave during question time at
Parliament's November 1989 part-session ( [x] ) and to
Written Question No 2958/87 by Mr Vandemeulebroucke ( [2] ).

_(_ _[l]_ _)_ Debates of the European Parliament No 3-383 (November

1989).
O OJNoC 114,8.5.1989.

WRITTEN QUESTION No 460/90

by Mr Jose Alvarez de Paz (S)

to the Commission of the European Communities

_(7 March 1990)_

(90/C 207/74)

_Subject:_ The Work Programme for 1990, worker
protection and mining accidents

Does the Commission have any proposals for tackling the
problem of accidents in the mining industry in the
Community as a whole?

Answer given by Mrs Papandreou
on behalf of the Commission

_(3_ _April 1990)_

The Mines Safety and Health Commission, which
consists of government representatives and representatives of workers and employers in the coal-mining
and other extractive industries, is carrying out an in-depth
investigation into the circumstances surrounding disasters
in the said industries, working on the basis of the reports
submitted by the Governments of the Member States.

It will then draw up conclusions and, if necessary, make
recommendations to the said Governments for the

improvement of safety at work.

The Commission's action programme for the
implementation of the Community charter of
fundamental social rights for workers (') includes a
proposal for a Council Directive on the minimum
requirements for improving the safety and health of
working in the extractive industries (including mines).

(') COM(89) 568 final.

WRITTEN QUESTION No 478/90

by Mr Jean-Pierre Raffarin (LDR)

to the Commission of the European Communities

_(7 March 1990)_

(90/C 207/75)

_Subject:_ Involvement of regional authorities in combating
drugs

The last two Councils of Health Ministers have seen a

start made on a common policy to combat drugs by
concentrating on health aspects and action at local level.

No C 207/38 Official Journal of the European Communities 20. 8. 90

How can regional authorities be involved in this action in
liaison with the Community?

Under what conditions could they benefit from financial
assistance from the Community?

Answer given by Mrs Papandreou
on behalf of the Commission

_(5_ _April 1990)_

The Commission is currently drawing up an action plan
on drug demand reduction. Cooperation on action in the
various spheres at local and regional level will be
encouraged.

Pilot schemes involving several local and regional
activities in two or more Member States are currently
eligible for Community support for coordination

purposes.

WRITTEN QUESTION No 510/90

by Mr Joaquin Siso Cruellas (PPE)

to the Commission of the European Communities

_(7 March 1990)_

(90/C 207/76)

_Subject:_ Shortcomings in the sales service for European
Community publications

The increase in the European Community's publishing
activities has resulted, in a short space of time, in an
almost threefold increase in the number of publications in
which the Community provides information on aspects of
its general policy.

However, the sales structure of European Community
publications has not been adapted to take account of the
current scope of the Community's publishing activities,
particularly in the central Publications Office in
Luxembourg where it is extremely difficult to purchase
any Community publication directly.

As the sales structure of Community publications is
obviously flawed, does the Commission not consider that
it is time to think seriously about organizing the sales
service for Community publications in such a way as to
ensure that those publications may be easily acquired by
interested customers?

Answer given by Mr Dondelinger
on behalf of the Commission

_(6 April 1990)_

The sale of official publications of the European
Communities is organized by the Office for Official
Publications of the European Communities (OOPEC)
through a sales network which comprises at least one sales
office per Member State and one office in any other
country where the market justifies it.

As part of its policy of improving the accessibility of its
publications, the Office has endeavoured to build up a
network of bookshops which at present number more
than one thousand in the Community.

It is true that the number of publications has been
growing constantly and that budgetary restrictions have
prevented a strengthening of the sales structure
commensurate with this increase, particularly where staff
are concerned.

For this reason, OOPEC has been forced to concentrate

its resources on:

— its role as wholesaler for its sales offices,

— direct sales in Luxembourg and in countries where it
does not have a national office.

As regards direct sales, in particular in Luxembourg, it
should be stressed that OOPEC acts as a publisher and
deals mainly with mail order sales; 95% of orders are
executed within 48 hours of receipt.

Customers who visit OOPEC in person may make
on-the-spot orders, which are then given the same
treatment as any other orders.

Anybody wishing to obtain official publications may do
so easily and quickly:

— through a bookshop,

— through the sales office in their country,

— through OOPEC.

WRITTEN QUESTION No 513/90

by Mr Joaquin Siso Cruellas (PPE)

to the Commission of the European Communities

_(16 March 1990)_

(90/C 207/77)

_Subject:_ Community study on trade between the
Maghreb countries

The recent summit of the Arab Maghreb Union (AMU)
has highlighted the desire of the five participant countries

^0.8.^0 Official journal of the European Communities ^ o C ^ O B A ^

to integrate politically and economically to form what
King HassanNof Morocco has called the Maghreb ^tate.

Elowever, an analysis of the trade relations of the five
^iaghreb countries reveals the surprising fact that
inter^aghreb trade between the five countries accounts
for only r^o of overall trade.

It is clear that if the European Community, the main
trading partner of the five countries, wishes to encourage
this union, it must undertake suitable studies seeking
solutions aimed at improving inter^iaghreb tirade.
Accordingly,it would be of interest to know whether the
European Community is willing to finance a detailed
study on this matter, which would help todevelop the
market betweenthefive members of the A^iL^,thereby
helping to consolidate the process of integration which its
political leaders are trying to achieve.

Answer ^ven by ^rl^atutes
on behalf of the Comnnss^on

L^he Community has on various occasions shown its
interest in the ^viaghrebcountries^efforts at integration.It
therefore welcomed the settingup of the Arab^viaghreb
Pinion ^A^i^p

The Commission considers that the^viaghreb dimension
must also be taken into consideration in the Community^
cooperationwith those countries.^ith that inview it is
prepared to examine any request presented by the
partners for cooperation activities, in the form, for
example, of studies, in spheres whichofferameans of
promoting integration, such as the development of trade
between the Aiaghreb countries.

^^rrE^^E^ico^^o^t^B^

by^rC^ianfrancoAmendoia^

to the Commission of the European Communities

^OBC^O^B^

^ ^ c ^ . Criminal liability of members and officials of the
Commission of the European Communities

P ^ h a t body of case law exists to define criminal acts
committedby o n e o r m o r e officials of the Commission
of the European Communities or one o^ more
Commissioners^

^. Ooesadifferent criminal law apply to officials of the
Commission and to Commissioners^

^. If it is established that criminal acts have been

committed, responsibility for which is directly or
indirectly attributable to one or more officials of the
Commission in the exercise of their duties, to what
internal procedures or to what criminal law are they
subiectB

^t. If it is established that criminal acts have been

committed, responsibility for which is directly or
indirectly attributable to one or morBeCommissionersin
the exercise of their duties, to what criminal law are they
subjects

^. If the interests of the tax payers are already affected,
or if their rights are infringedbecauseof criminal acts
committed by one or more Commissioners or one or more
officials of the Commission in the exercise of their duties,
what legal channels can and must be usedB

Answer ^ven by ^rfOelors
on behaif of the Commission

In the absence ofaCommunity system of criminal law,if
a member of the Commission or an official of a

Community institution commits a criminal offence,
ordinary law must be applied.

In practice, this means the criminal law of the place where
the offence was committed.

In some member states, moreover, citizens can be
prosecutedforoffences committed abroad.

Article t^ of the Protocol on the Privileges and
Immunities of the European Communities makes an
exception to this principle as follows^

^Intheterritoryof each member ^tate and whatever
their nationality, officials and other servants of the
Communities shalh

^ subjecttotheprivisions of thelreaties relating,
o n t h e o n e h a n d, t o t h e r u l e s o n t h e l i a b i l i t y o f
officials and other servants towards the

Communities and, on the other hand, to the
iurisdiction of the Court in disputes between the
Communities and their officials and other

servants, be immune from legal proceedings in
respect of acts performed by them in their official
capacity,including theirwords spoken orwritten.
They shall continue to en^oy this immunity after
they have ceased to hold office.

Articled of Protocol on Privileges and Immunities
clarifies this point by defining the limits on the application
of the principle of immunity from legal proceedings^

^P^ivileges, immunities and facilities shall be accorded
to officials and othe^ servants of the Communities

solely in the interests ofthe Communities.

No C 207/40 Official Journal of the European Communities 20. 8. 90

Each institution of the Communities shall be required
to waive the immunity accorded to an official or other
servant wherever that institution considers that the

waiver of such immunity is not contrary to the interests
of the Communities.'

Finally, Article 215 of the EEC Treaty deals with the
question of the civil liability of the Community
institutions and their official and other servants. This

article enables a party who has suffered damage as a result
of criminal action by the Commission or its officials to
obtain redress, even if no criminal action has been taken.

WRITTEN QUESTION No 520/90

by Mrs Patricia Rawlings (ED)

to the Commission of the European Communities

_(16 March 1990)_

(90/C 207/79)

_Subject:_ Whereabouts of a cultural delegation in London

On 29 January 1990, Commissioner Dondelinger
addressed the Committee on Youth, Culture, Education,
the Media and Sport. When questioned on the subject of
EC cultural delegations, he referred to an example in
London, a foundation under the name of LAPSA.

Despite extensive research, I have been unable to find any
trace of this delegation.

Will the Commission kindly enlighten me as to its
whereabouts, together with details of its functions?

Could I further have information about its budget,
broken down under headings such as cultural events,
library, rent, wages, etc.?

Answer given by Mr Dondelinger
on behalf of the Commission

_(17 April 1990)_

The organization to which the Commission was referring
on 29th January was ABSA, the Association for Business
Sponsorship of the Arts. This is an independent United
Kingdom organization which encourages corporate
sponsorship of the arts. The Commission is supporting
the creation of a European Secretariat for business
sponsorship which will be based in London under the
aegis of ABSA.

ABSA's address is Nutmeg House, 60 Gainsford Street,
Butler's Wharf, London SE1 2NY. Its Director is Colin
Tweedy.

WRITTEN QUESTION No 521/90

by Mr Ben Fayot (S)

to the Commission of the European Communities

_(16 March 1990)_

(90/C 207/80)

_Subject:_ Laundering of proceeds from drug trafficking
(narcodollars)

On 14 February 1990, the Commission adopted a
proposal intended to harmonize measures to combat the
laundering of proceeds from drug trafficking in the
Community.

The press _(Le Monde_ of 15 February 1990) reported in this
connection that the Commission considered that the code

of conduct in this proposal was efficient and that the
Commission noted that Luxembourg was reluctant to
participate in such measures.

In this connection the press also reported observations
by 'a senior official in Brussels' severely criticizing
Luxembourg, despite the fact that this country has clearly
adopted some of the strictest legislation prohibiting the
laundering of proceeds from drug trafficking.

1. How is it that a Member State of the European
Community has been criticized in connection with
Commission deliberations? Does the Commission

intend to disclaim these accusations which are

attributed to it?

2. Are not senior European officials required to refrain
from comment concerning Member States of the
European Community?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(18 May 1990)_

The Commission has noted the reports which appeared in
the French press when it announced its intention of
adopting a proposal for a Directive designed to
harmonize measures to combat the laundering of the
proceeds of unlawful activities in the Community.

It shares the Honourable Member's view that

Luxembourg has already very strict legislation prohibiting
the laundering of proceeds from drug trafficking and, like
him, finds it regrettable that that legislation is not more
widely known among the general public in the
Community.

The Commission cannot disclaim accusations it has not

made.

20. 8. 90 Official Journal of the European Communities No C 207/41

WRITTEN QUESTION No 549/90

by Mr Patrick Cooney (PPE)

to the Commission of the European Communities

_(16 March 1990)_

(90/C 207/81)

_Subject:_ Aid for Palestinian refugees

Noting the proposal by the Commission COM(89) 664 to
continue aid to UNRWA for Palestinian refugees, will the
Commission state the total value of money and other aid
made available by the Commission and including amounts
proposed in COM(89) 664 aforesaid and the period
during which such aid was and will be made available?

Answer given by Mr Matutes
on behalf of the Commission

_(23 May 1990)_

_New EC-UNRWA_ _Convention/EC Assistance in 1990_

(a) Cash contributions for the Education and Health
Programmes

The amounts proposed towards the financing of
UNRWA's education and health programmes under
the seventh EC-UNRWA Convention are: ECU

22 million for 1990, ECU 24 million for 1991 and
ECU 26 million for 1992. More specifically the
amounts proposed for the education programme are:
ECU 21 million for 1990, ECU 22 million for 1991

and ECU 23 million for 1992. The total of these

amounts is 10% higher than that of the previous
convention which provided ECU 20 million a year
for 1987, 1988 and 1989. This proposed increase
takes into account the growth in the school
population and the projected increase in costs due to
inflation. The proposed contributions to UNRWA's
health programmes under the seventh Convention
are: ECU 1 million for 1990, ECU 2 million for 1991

and ECU 3 million for 1992. These amounts will not

imply any additional charges to the Community
budget, as they will replace contributions in cash and
in kind for UNRWA's supplementary feeding
programme under Chapter 92.

(b) Contribution to Feeding Programmes

The size and content of the aid to UNRWA for the

feeding programmes will be decided, as in the past,
following the procedure defined in Regulation
(EEC) No 3972/86 (>).

_EC_ _assistance_ _to UNRWA_

The total amount of Community assistance during the
period 1972 to 1989 (excluding emergency aid) is
estimated at ECU 387,5 million. The Community
contribution in 1990 is expected to reach some ECU

41,9 million compared to ECU 39,2 million in 1989
(+ 6,9%). However, given the depreciation of the United
States' dollar in which UNRWA's budget is expressed, the
above increase will be much greater: up from about
US$ 43,12 million to US$ 50,7 million (+ 17,5 %).

In 1990 Community assistance will include:

— ECU 22 million (in cash) for the Agency's education
and health programmes (to be paid in April after the
signature of the new Convention).

— ECU 3,4 million cash contribution to UNRWA's
supplementary feeding programme and a
contribution in kind of some 16 900 tonnes of food

products worth ECU 16,48 million under the
Community's 1990 food programme.

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

containing the Community contributions to UNRWA in
recent years.

O OJNoL370,30. 12. 1986, p. 1.

WRITTEN QUESTION No 562/90

by Mrs Anita Pollack (S)

to the Commission of the European Communities

_(16 March 1990)_

(90/C 207/82)

_Subject:_ Freight transport and 1992

OJ No C 318 (20. 12. 1989, p. 7) announcing the Euret
research programme, states: 'Completion of the internal
market is inconceivable without... (an) increase in
demand, in volume and qualitative terms, for all types of
transport.' How big will this growth be, measured in
tonne-kilometres for road, rail and water, year by year,
from 1988 to 1998?

Answer given by Mr Van Miert
on behalf of the Commission

_(30 April 1990)_

Forecasts of goods traffic up to 1998 are not yet officially
available to the Commission.

They are to be produced as part of the Euret (') research

programme.

No C 207/42 Official Journal of the European Communities 20. 8. 90

It may be mentioned, however, that a study carried out
for the Commission in 1986 produced forecasts up to the
year 2 000 showing growth between 1990 and that year of
about 3 % per year for road and rail and 0,5 % for inland

waterway.

It is already apparent, however, that recent growth in
road traffic has been considerably higher than is the case
with the other two modes.

(') OJ No C 318,20. 12. 1989, p. 5.

WRITTEN QUESTION No 566/90

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(16 March 1990)_

(90/C 207/83)

_Subject:_ Genetic examination and life assurance

Dutch insurance companies have decided to introduce a
genetic examination for those wishing to take out life
assurance in order to determine more accurately the
probability of their prospective clients dying of a serious
illness and when this could be expected to occur.

Does the Commission consider that such a genetic
examination is compatible with the principles of respect
for privacy embodied in the European Convention for the
Protection of Human Rights?

Finally, is it not fair to say that this genetic examination
prior to acceptance of an application for life assurance
eliminates the very notion of risk which insurance is
intended to cover?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(18 May 1990)_

It is not for the Commission to comment on compliance
with the principles embodied in the Council of Europe
Convention for the Protection of Human Rights.
However, it is contributing, within that organization, to
the work of the committee of experts on the protection of
genetic data. That committee of experts has recently
decided to devote part of its work to the possible use of
genetic examinations for insurance purposes. During the
course of the committee's forthcoming meetings, in which
the Commission will participate, the possibility of
creating a specific legal instrument covering genetic data
is to be examined.

With regard to the attitude of Dutch insurance companies
to this matter, they are clearly well aware of its delicate

nature. According to the information available to the
Commission, the Dutch insurance companies have
decided that insurance cover will not depend on the
readiness of a person wishing to take out insurance to
submit to a genetic examination. Information already
available to that person as a result of earlier genetic
examinations will not have to be divulged to the insurance
company provided that the insurance cover remains
within normal limits (life assurance cover of up to
FL 200 000, invalidity insurance for payments not
exceeding FL 60 000 for the first year and FL 40 000 for
subsequent years).

This policy, which was adopted voluntarily, is likely to be
reviewed after five years. The Dutch authorities are
continuing to monitor its appropriateness. At this stage,
the Commission has no reason to question this approach.

WRITTEN QUESTION No 568/90

by Mr Jean-Marie Le Chevallier (DR)

to the Commission of the European Communities

_(16 March 1990)_

(90/C 207/84)

_Subject:_ Study on immigration in the Community

Can the Commission:

1. give details of the number, the countries of origin and
the legal and social situation of working and
non-working men and women from third countries
now working in the Community?

2. evaluate the impact that the presence of this immigrant
population in the Community is having on social
budgets and the labour market?

3. furnish Parliament with a complete and up-to-date
situation report?

Answer given by Mrs Papandreou
on behalf of the Commission

_(5_ _April 1990)_

The research needed to provide the Honourable Member
with the details be has asked for would be

disproportionate to the end product and would be more
extensive than could really by justified in order to answer
a written question.

However, the Commission would draw the attention of
the Honourable Member to the study produced at the
request of the Hanover European Council of 27 and 28
June 1988 on the social integration of third-country
migrants residing on a permanent and lawful basis in the

_20._ 8. 90 Official Journal of the European Communities No C 207/43

Member States ('), which provides a summary description
of the legal and social situation of the immigrant
population and a wide range of statistics.

Furthermore, in response to the Strasbourg European
Council of 8 and 9 December 1989, the Commission has
embarked on the production of an inventory of national
positions on immigration in preparation for a discussion
on the subject in the Council (General Affairs).

Parliament will be informed of the results of this exercise

in due course.

(') SEC(89) 924 final, 22 June 1989.

WRITTEN QUESTION No 584/90

by Mr Gerard Deprez (PPE)

to the Commission of the European Communities

_(16 March 1990)_

(90/C 207/85)

_Subject:_ Revitalization of the Association Agreements
with the countries of Eastern Europe

Following the Strasbourg European Council, the
Commission is considering the possibility of concluding
association agreements providing a flexible and
constructive framework in which to find solutions

tailored to the circumstances in each country.

With this in view, can the Commission indicate the nature
of this type of agreement or, in other words, what
additional dimensions does it intend to bring to the
present Cooperation Agreements?

Answer given by Mr Andriessen
on behalf of the Commission

_(2 7 April 1990)_

The Commission feels that the 'appropriate forms of
association', mentioned by the Strasbourg European
Council with reference to the countries of Central and

Eastern Europe engaged in policital and economic
reform, should permit, as several of these countries have
already requested, a closer, more structured relationship
with the Community than that established by existing
cooperation agreements or those now being drafted.

The Honourable Member may wish to refer to the
Commission communication on the development of
relations with Central and Eastern Europe (').

O SEC(90) 196 final.

WRITTEN QUESTION No 589/90

by Mr Gerard Deprez (PPE)

to the Commission of the European Communities

_(16 March 1990)_

(90/C 207/86)

_Subject:_ Revision of Cocom provisions

Does the Commission intend to revise the list of products
subject to Cocom export restrictions with a view to
technological cooperation with the countries of Eastern
Europe?

Answer given by Mr Andriessen
on behalf of the Commission

_(23 May 1990)_

Neither the Commission nor the European Community
participates in the Cocom arrangements referred to by the
Honourable Member.

The lists of products subject to Cocom export restrictions
are drawn up and revised by the Coordinating Committee
itself.

WRITTEN QUESTION No 601/90

by Mr Stephen Hughes (S)

to the Commission of the European Communities

_(16 March 1990)_

(90/C 207/87)

_Subject:_ Development assistance to French Polynesia

Can the Commission give details of development
assistance granted to French Polynesia for agricultural,
fisheries or other development projects over the last five
years? Has any of the assistance involved research into or
taken account of the effect upon agriculture and fishing
of the nuclear test programme within the region?

Answer given by Mr Marin
on behalf of the Commission

_(23 April 1990)_

Over the last five years, French Polynesia has received
EDF assistance in the form of:

— technical assistance for tourism development (April
1989 —ECU 0,45 million),

— supplies for the construction of high voltage
power lines on Tahiti (November 1989 — ECU
1,65 million),

No C 207/44 Official Journal of the European Communities 20. 8. 90

— supply of three fishing boats, tackle, technical
assistance and training (January 1990 — ECU
1,75 million).

None of this assistance has involved research into or

taken account of the effect upon agriculture and fishing
of the nuclear test programme within the region.

WRITTEN QUESTION No 611/90

by Mrs Marie-Christine Aulas (V)

to the Commission of the European Communities

_(20 March 1990)_

(90/C 207/88)

_Subject:_ Extent of European aid to Israel

The State of Israel is among the non-European third
countries which are most closely associated with the
Europe of the Twelve. It benefits from a considerable
amount of Community aid by virtue of cooperation
agreements in various sectors.

Can the Commission provide Parliament with a
comprehensive list, year by year, of the direct and indirect
aid received by Israel between 1982 and 1989?

Answer given by Mr Matutes
on behalf of the Commission

_(7 June 1990)_

The Commission would refer the Honourable Member to

the reply to the oral question H-239/90 by Mr Marck,
which it gave during question time at Parliament's March
1990 part-session (').

0) Debates of the European Parliament No 3-388 (March 1990).

WRITTEN QUESTION No 629/90

by Mr Francois-Xavier de Donnea (LDR)

to the Commission of the European Communities

_(20 March 1990)_

(90/C 207/89)

_Subject:_ Community firms affected by Article 223 (2) of
the EEC Treaty

In its answer to Written Question No 877/89 ( [x] ), the
Commission stated that it had carried out some

investigations to extend its information on companies
manufacturing the products covered by Article 223 (2) of
the EEC Treaty.

1. Which Commission departments were responsible for
these investigations?

2. For what purpose is the Commission starting to collect
the information ?

3. Will the information be published and, if so, in what
form?

(') OJNoC97, 17.4. 1990, p. 33.

Answer given by Mr Bangemann
on behalf of the Commission

_(15 May 1990)_

The Commission is currently conducting a study of
industrial enterprises producing both civilian and military
goods. The Directorate General for 'Internal Market and
Industrial Affairs' is in charge of this task.

The study will analyse developments in the industries
concerned in view of the completion of the Single Market
Programme. Structure, strategy and performance of
major companies will be examined. This will lead to an
assessment of the industries' efficiency and global
competitiveness. Better knowledge about conditions and
developments in these important industrial sectors will
assist the Commission to fulfil its responsibilities in
accordance with the provisions of the EEC Treaty.

The Commission will decide on what results of the study
will be published and the form of any publication after the
study has been completed.

WRITTEN QUESTION No 740/90

by Mr Fernando Perez Royo (GUE)

to the Commission of the European Communities

_(2_ _7 March 1990)_

(90/C 207/90)

_Subject:_ Future of the profession of 'Corredor de
Comercio' (broker)

Within the European Community the profession of
'corredor de comercio' exists only under Spanish law.
Recognized 'corredores de comercio' are basically official
agents involved in trade in movable property and public
officials authorized to attest commercial documents.

Approximately 500 such brokers operate in Spain and
employ about 2 000 people.

The 'corredor de comercio' _sui generis_ is now in danger of
disappearing following the creation of the single market.

20. 8. 90 Official Journal of the European Communities No C 207/45

Is the Commission aware of the situation of recognized
'corredores de comercio' in Spain? Has it studied or does
it intend to study ways of securing appropriate
recognition for this type of broker at Community level?

Answer given by Mr Bangemann
on behalf of the Commission

_(26 April 1990)_

The creation of the large single market will not have any
repercussions on the profession of 'corredor de comercio'
(commercial broker) which, within the Community, exists
only in Spain. Member States will remain free to create or
maintain professions and regulate the conditions under
which they may be taken up and pursued on their
territory, provided that they do not discriminate on
grounds of nationality or infringe Community law.

There are no arrangements or plans for the official
recognition of professions at Community level.

WRITTEN QUESTION No 766/90

by Mr Jean-Claude Pasty (RDE)

to the Commission of the European Communities

_(29 March 1990)_

(90/C 207/91)

_Subject:_ Community employment initiatives in the
departement of the Creuse

1. Can the Commission give a sector-by-sector
estimate of the number of jobs created and/or saved in
the departement of the Creuse from 1979 to 1989, directly
or indirectly as a result of the aid from the various
Community funds (ESF, ERDF, EAGGF, etc... .) and of
the EIB and the ECSC?

2. Can it provide a qualitative and quantitative
description of the various initiatives undertaken in this
region from 1979 to 1989?

Answer given by Mr Christophersen
on behalf of the Commission

_(4_ _July 1990)_

In view of the length of its answer, which includes a
number of tables, the Commission is sending it direct to
the Honourable Member and to Parliament's Secretariat.

WRITTEN QUESTION No 771/90

by Mr Pierre Lataillade (RDE)

to the Commission of the European Communities

_(29 March 1990)_

(90/C 207/92)

_Subject:_ Application of the Directive on public works
contracts (advertising rules)

Directive 89/440/EEC O (Article 5 (3)) lays down the
instances where a contracting authority may award
negotiated contracts without prior advertising, whereas
prior advertising is required in respect of the award of
concession contracts (Article lb). This means that an
authority wishing to have work carried out which is
governed by Article 5 (3) may do so without prior
advertising in the case of a conventional public contract,
but is obliged to advertise in advance in respect of
concession work.

Does the Commission propose to rectify this aberration ?
What measures, if any, is it considering taking?

O OJNoL210,21.7. 1989,p. 1.

Answer given by Mr Bangemann
on behalf of the Commission

_(26 April 1990)_

In the light of the information currently available, the
Commission does not take the view that the advertising
rules laid down in Council Directive 89/440/EEC of

18 July 1989 create distortions which need to be rectified.

It would remind the Honourable Member that, back in
1971, in a declaration adopted by the representatives of
the Governments of the Member States, meeting within
the Council, on the procedures to be followed in the case
of works concessions (*), the Member States agreed to
make the conclusion of all concession contracts, as
defined in Article 3 (1) of Directive 71/305/EEC of
26 July 1971 ( [2] ) subject to prior publication of a notice in
the _Official Journal of the European Communities._

Furthermore, the fact that the exceptions to the
advertising rules allowed in the case of public works
contracts do not apply to concession contracts should be
viewed in conjunction with the fact that the latter are not
covered by the other rules governing the award of public
works contracts.

O OJNoC82,16. 8.1971.
O OJNoL185, 16. 8. 1971.

No C 207/46 Official Journal of the European Communities 20. 8. 90

WRITTEN QUESTION No 772/90

by Mr Henry Chabert (RDE)

to the Commission of the European Communities

_(29 March 1990)_

(90/C 207/93)

_Subject:_ Bodies referred to in the Directive on public
works contracts

Directive 89/440/EEC (') sets out a number of criteria
for defining 'bodies governed by public law': legal
personality, supervision by another body governed by
public law, and a general-interest role which is neither
industrial nor commercial in nature.

In France, however, a number of public services are
defined as having an 'industrial or commercial character',
such as airports and car-parks.

To what extent does the Commission believe that, in
respect of works contracts, the Directive applies to
organizations which manage such services and are
supervised by one or more bodies governed by public law?

(') OJNoL210,21.7. 1989, p. 1.

Answer given by Mr Bangemann
on behalf of the Commission

_(11 May 1990)_

Bodies governed by public law are regarded as
'contracting authorities' for the purposes of Directive
89/440/EEC of 18 July 1989 (') where they satisfy the
criteria laid down in Article 1 (1) (b) of the Directive. In
accordance with those criteria, 'contracting authority'
status is not granted to bodies governed by public law
which have been established for the specific purpose of
meeting needs in the general interest and have an
industrial or commercial character.

A generally valid answer cannot therefore be given to the
Honourable Member's question, since it has to be
ascertained whether the abovementioned criteria are met

in each specific case.

The Commission intends shortly to revise Annex I to the
Directive, which sets out a list, intended to be as
exhaustive as possible, of bodies governed by public law
that qualify as 'contracting authorities'.

The contents of the revised Annex I will depend on the
information supplied by the Member States and examined
by the Commission in order to check that the general

criteria laid down in the abovementioned Article are

satisfied.

_C)_ QJNoL210,21.7. 1989.

WRITTEN QUESTION No 773/90

by Mr Alain Marleix (RDE)

to the Commission of the European Communities

_(29 March 1990)_

(90/C 207/94)

_Subject:_ Application of the Directive on public works

contracts

Under Article lb (4) of Directive 89/440/EEC ('), a
concessionaire is required to apply prior-advertising rules
in respect of contracts to be concluded with third parties.
This requirement does not extend to 'affiliated
undertakings'.

Can the Commission therefore be more specific as to the
scope of this provision and, in particular, say whether it
believes that this requirement applies to contracts
concluded between undertakings forming part of the
same group?

O OJNoL210,21.7. 1989, p. 1.

Answer given by Mr Bangemann
on behalf of the Commission

_(18 May 1990)_

In accordance with Article lb (4) of Directive
71/305/EEC of 26 July 1971 ('), as amended by Directive
89/440/EEC of 18 July 1989 ( [2] ) a concessionaire is not
required to comply with the prior advertising rules laid
down therein when awarding a works contract to an
affiliated undertaking, i.e. any undertaking over which
the concessionaire may exercise, directly or indirectly, a
dominant influence or which may exercise a dominant
influence over the concessionaire or which, in common
with the concessionaire, is subject to the dominant
influence of another undertaking by virtue of ownershp,
financial participation or the rules which govern it.

Where the concessionaire is a group of undertakings, the
advertising rules do not apply to any works contracts
it awards to undertakings within the group or to
undertakings which, applying the above criteria, are
affiliated to them.

Concessionaires must comply with the advertising rules in
respect of all other works contracts worth not less than

20. 8. 90 Official Journal of the European Communities No C 207/47

ECU 5 million that they award to third parties, i.e.
undertakings other than those described.

O OJNoL185,16. 8.1971.
O OJ No L 210, 21. 7. 1989.

WRITTEN QUESTION No 802/90

by Mr Victor Manuel Arbeloa Muru (S)

to the Commission of the European Communities

_(4_ _April 1990)_

(90/C 207/95)

_Subject:_ Coordination of policies in the fight against
drugs

What steps is the Community taking to coordinate
priorities in the fight against drugs and to harmonize the
action taken?

Answer given by Mr Delors
on behalf of the Commission

_(27 April 1990)_

Repressive action against drugs trafficking is conducted
primarily in the Trevi Group (where the Commission is
not represented) and the Customs Mutual Assistance
Group set up under the Naples Convention of 1967. The
work of these two groups, along with other action by the
Community and the Member States in the field of drugs,
is coordinated in the recently created Comite Europeen de
la Lutte Anti-Drogue (Celad).

WRITTEN QUESTION No 830/90

by Mr Francois Musso (RDE)

to the Commission of the European Communities

_(4_ _April 1990)_

(90/C 207/96)

_Subject:_ Community job-creating actions in Corsica

1. Can the Commission give an estimate broken down
by sector and department of figures for the number of
jobs created and/or saved directly or indirectly between
1979 and 1989 in Corsica as a result of support from the
different Community funds (ESF, ERDF, EAGGF, etc.),
the EIB and the ECSC?

2. Can it provide a list of facts and figures for the
different actions undertaken in this region between 1979
and 1989?

Answer given by Mr Christophersen
on behalf of the Commission

_(7 June 1990)_

In view of the length of its answer, which includes a
number a tables, the Commission is sending it direct to
the Honourable Member and to Parliament's Secretariat.

WRITTEN QUESTION No 881/90

byMrMarkKillilea(RDE)

to the Commission of the European Communities

_(9 April 1990)_

(90/C 207/97)

_Subject:_ The slaughterhouse industry

To ask the Commission if it is making any progress in
collating information and statistics on the meat
slaughterhouse sector, given that in its Panorama of EC
Industry 1989, trends are only available in Germany,
Greece, Italy, Ireland, France and the United Kingdom;
and does the Commission expect to be able to provide a
more complete report in the future?

Answer given by Mr Christophersen
on behalf of the Commission

_(15 May 1990)_

The Statistical Office of the European Communities
collects monthly and annual statistics on the production
of and external trade in beef, pork, and lamb mutton and
goat meat for all Member States. In addition it receives
data for firms with 20 or more employees engaged in
slaughtering, preparing and preserving of meat (except
the butchers' trade) by means of an annual enquiry carried
out by Member States. This provides information on
employment, remuneration, output, value added and
investment.

More detailed statistics specifically on the structure of the
slaughterhouse sector have been supplied to the
Commission by the UEEA (Union Europeenne des
Exploitants d'Abattoirs/European Abattoirs Union) for
the Panorama of EC Industry publication. Its second
(1990) edition contains analyses for Belgium, Denmark,
the Federal Republic of Germany, France, Ireland, Italy,
the Netherlands, and the United Kingdom. The
Commission intends to continue cooperating with the
European trade associations in developing this
publication. However, it has no immediate plans to collect
additional statistical information on the slaughterhouse
sector from official sources, such as the National

Statistical institutes.

No C 207/48 Official Journal of the European Communities 20. 8. 90

WRITTEN QUESTION No 885/90

by Mr Patrick Lane (RDE)

to the Commission of the European Communities

_(9 April 1990)_

(90/C 207/98)

_Subject:_ Competition policy towards enterprises and the
role of the Hearing Officer

On 1 September 1982, the Commission created the post of
Hearing Officer at the suggestion of the business and
industrial community.

Will the Commission now outline how the role of

Hearing Officer has developed since 1982, and, in the
context of new opportunities, in 1992, does the
Commission envisage a greater role for the Hearing
Officer?

Answer given by Sir Leon Brittan
on behalf of the Commission

_(10 May 1990)_

The Commission has already given a positive assessment
of the role performed by the Hearing Officer since that
post was created and in the light of the corresponding
terms of reference. The Honourable Member should

refer to the Eighteenth Report on Competition Policy
(1989, point 44), which the Commission is sending
directly to him and to Parliament's Secretariat.

The Commission can see no reason to expand the role of
the Hearing Officer in the run-up to 1992. It would
observe merely that the extent of the Hearing Officer's
activities reflects the number of Commission procedures
involving application of the competition rules to firms.

WRITTEN QUESTION No 901/90

by Mr Petrus Cornelissen and Mrs Ria Oomen-Ruijten
(PPE)

to the Commission of the European Communities

_(9 April 1990)_

(90/C 207/99)

_Subject:_ Safety of oil heaters

1. Is the Commission aware of discussions on the

safety (or hazards) of oil heaters, in particular Japanese
oil heaters, resulting in part from a frequent lack of clear
instructions for use in the users' mother tongues?

2. Can the Commission confirm that 'Zibro Kamin' oil

heaters are prohibited in some Member States and
authorized in others?

3. What is the Commission's opinion of the safety of
these oil heaters, and does it consider it necessary to carry
out further investigations?

4. Will the Commission promote a Community policy
for the authorization or prohibition of these heaters?

See article in the consumer magazine 'Test-Aankoop'
No 282 of October 1986, entitled 'Oil heaters reasonably
efficient but not without risk'.

Answer given by Mr Van Miert
on behalf of the Commission

_(5 June 1990)_

The Commission is conducting a detailed investigation of
the problem raised by the Honourable Members and will
inform them of the outcome as soon as possible.

WRITTEN QUESTION No 955/90

by Mr Pierre Lataillade (RDE)

to the Commission of the European Communities

_(25 April 1990)_

(90/C 207/100)

_Subject:_ VAT on services provided by concession holders
for motorway and road facilities subject to tolls

Can the Commission say what systems of value added tax
are applied on services provided by concession holders for
motorway and road facilities subject to tolls in the
individual Member States and to what extent they are
compatible with the Sixth VAT Directive?

Answer given by Mrs Scrivener
on behalf of the Commission

_(28 May 1990)_

The Commission would refer the Honourable Member to

its answer to his Written Question No 410/90 (').

O OJNoC 190,30.7.1990.

20. 8. 90 Official Journal of the European Communities No C 207/49

WRITTEN QUESTION No 1043/90

by Mr Joaquin Siso Cruellas (PPE)

to the Commission of the European Communities

_(11_ _May 1990)_

(90/C 207/101)

_Subject:_ Rules of conduct for misleading advertising

The spectacular publicity campaign carried out in France
by the manufacturers of two different brands of
detergent, in which one detergent was contrasted with the
other, ended in court with a ruling that the advertising
campaign had to stop.

This was the first sentence handed down in France against
the abuse of ecological arguments, and it has already been
suggested that the long-term consequence of advertising
campaigns like the one in question will be the outright
rejection of all ecologically-based arguments by the public
due, in the first instance, to over-exposure of the colour

green.

Does the Commission believe, therefore, that the
European Community possesses rules of conduct such as
to prevent advertising which misleads the consumer, and
that such misleading advertising does not constitute
unfair competition, or does the Commission believe that
Community legislation in this area is inadequate and that
appropriate rules of conduct are required?

Answer given by Mr Van Miert
on behalf of the Commission

_(21 June 1990)_

The Commission is conducting a detailed investigation of
the problem raised by the Honourable Member and will
inform him of the outcome as soon as possible.

WRITTEN QUESTION No 1182/90

by Mrs Marijke Van Hemeldonck (S)

to the Commission of the European Communities

_(14 May 1990)_

(90/C 207/102)

_Subject:_ European registration system for taxis

Does the Commission intend, in connection with
completion of the internal market, to introduce a
European system of registration for taxis?

WRITTEN QUESTION No 1183/90

by Mrs Marijke Van Hemeldonck (S)

to the Commission of the European Communities

_(14 May 1990)_

(90/C 207/103)

_Subject:_ European registration system for lorries

Does the Commission intend, in connection with
completion of the internal market, to develop a European
system of registration for lorries?

Joint Answer to Written Questions No 1182/90

and 1183/90

given by Mr van Miert
on behalf of the Commission

_(21 June 1990)_

The Commission would refer the Honourable Member to

the reply given to her oral question H-567/90 during
question time at Parliament's May 1990 part-session _(_ _[l]_ _)._

(') Debates of the European Parliament No 3-390 (May 1990).

WRITTEN QUESTION No 1242/90

by Mr Kenneth Stewart (S)

to the Commission of the European Communities

_(29 May 1990)_

(90/C 207/104)

_Subject:_ Imprisonment of Perikles Giannakidis, for his
refusal to perform military service, in Greece

Is the Commission aware that the above person, a
Jehovah's witness, is being held in the military prison in
Avlona, for conscientious objection to military service
which is against his religion?

Is it aware that Greek law does not provide for alternative
service outside the military system and that approximately
400 such prisoners are serving prison terms for
conscientious objection?

Does the Commission agree that his imprisonment is in
violation of Article 9 of the European convention for the
Protection of Human Rights and Fundamental freedoms,
ratified by Greece in 1974, which states that everyone has
the right to freedom of thought, conscience, and religion?

Does the Commission also agree that it is in
contravention of United Nations Resolution 1989/53 and

Council of Europe Recommendation No R(87) and the
European Parliament's resolution of 13 October 1989

No C 207/50 Official Journal of the European Communities 20. 8. 90

(Doc. A 3-0015/89) all recommending that Member
States adjust their legislation to provide for alternative
civilian service of non-punitive length for conscientious
objectors?

What action does the Commission intend to take to secure
the release of these prisoners and make the Greek
Government conform with the Convention on Human
Rights?

Answer given by Mr Delors
on behalf of the Commission

_(14 June 1990)_

The matter referred to by the Honourable Member does
not fall within the jurisdiction of the Community.

WRITTEN QUESTION No 1314/90

by Mr Kenneth Coates (S)

to the Commission of the European Communities

_(28 May_ _1990)_

(90/C 207/105)

_Subject:_ Registration of voters living abroad

1. What are the terms and conditions under which
Member States accord the franchise to voters living
abroad?

2. How many overseas voters are able to vote in each
Member State?

WRITTEN QUESTION No 1315/90

by Mr Kenneth Coates (S)

to the Commission of the European Communities

_(28 May_ _1990)_

(90/C 207/106)

_Subject:_ Electoral registration in Member States

1. How much money is spent on electoral registration
per country on

(a) a per capita basis,

(b) overall amounts in ecus, and

(c) as a percentage of Government publicity budgets ?

2. What countries allow electoral registers to be sold or
used for academic or commercial purposes?

3. What countries allow their electoral registers to be
connected in any way to taxation records and other
databases?

Joint Answer to Written Questions No 1314/90

and 1315/90
given by Mr Delors
on behalf of the Commission

_(13 June_ _1990)_

In the performance of its duties under the Treaties, the
Commission does not acquire information of the kind
requested by the Honourable Member.

It is therefore unable to answer his question.

COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES

SELECTED INSTRUMENTS

Relating to the Organization, Jurisdiction and Procedure of the Court, 1990 Edition

CONTENTS

I. European Economic Community — EEC

A. General rules of the Treaty

B. Statute of the Court of Justice

C. Special provisions

II. European Atomic Energy Community (Euratom)
— EAEC

A. General rules of the Treaty

B. Statute of the Court of Justice

C. Special provisions

HI. European Coal and Steel Community — ECSC

A. General rules of the Treaty

B. Statute of the Court of Justice

C. Special provisions

IV. Instruments relating to all three Communities

A. Convention on certain common Institutions

B. Treaty establishing a Single Council and a
Single Commission

C. Single European Act

D. Decision establishing a Court of First Instance

E. Protocol on Privileges and Immunities

F. Financial Controller

G. Staff Regulations

V. Rules of the Court

A. Rules of Procedure

B. Supplementary rules

C. Instructions to the Registrar

VI. Tables

Abbreviations

Synopsis of articles of the Treaties and the
Statutes of the Court

Index

271 pp.
Published in: ES, DA, DE, GR, EN, FR, IT, NL, PT.
Catalogue number: DX-57-89-152-EN-C ISBN: 92-829-0197-1
Price (excluding VAT) in Luxembourg: ECU 12

OFFICE FOR OFFICIAL PUBLICATIONS OF THE EUROPEAN COMMUNITIES

L-2985 Luxembourg

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_Languages:_ D _DE_ U _EN_
_Prices:_ _ECU4;_ _IRL3,20;_ _UKL2J0;_ _USD4.60_

n _Vocational training in Ireland_

_Languages:_  - _DE D EN_  - _FR D PT_
_Prices:_ _ECU_ _5;_ _IRL_ _3,90;_ _UKL_ _3,30;_ _USD_ _6_

QJ _La formation protessionnelle en France_

_Languages:_ _D FR_  - _IT_
_Prices:_ _ECU5;_ _IRL3.90;_ _UKL3.30;_ _USD9.20_

|~~| _Vocational training in_ _Greece_

_Languages:_  - _DE_  - _EN_  - _FR_ D _GR_
_Prices:_ _ECU4;_ _IRL3.20;_ _UKL2J0;_ _USD4,60_

n _Vocational training in Italy_

_Languages:_ _O DE_  - _EN_ D _FR a IT_
_Prices:_ _ECU4;_ _IRL3.20;_ _UKL2J0;_ _USD4.60_

Q _De_ _beroepsopleiding_ _in_ _Nederland_

_Language:_  - _NL_
_Prices:_ _ECU_ 5; _IRL_ _3,90;_ _UKL_ _3,30;_ _USD_ _6_

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r i _Vocational training in Belgium_

PI _Vocational training in Portugal_

_Languages:_ _D DA_ - _DE_ - _EN_ D _FR_

D Gfl D _ITO NL_
_Prices:_ _ECU4;_ _IRL3.20;_ _UKL2J0;_ _USD4,60_

_Languages:_ - _DE_ D _EN_ DFfl _O PT_
_Prices:_ _ECU4;_ _IRL3.20;_ _UKL2J0;_ _USD4.60_

n _Vocational training in Spain_

n _Vocational training in Spain_

_Languages:_ _O DE_  - _EN_  - £S DFfl
Prices: _ECU4;_ _IRL3.20;_ _UKL2J0;_ _USD4.60_

FJ _Vocational training in the People's_
_Republic of_ _China_
_Languages:_  - _DE DEN D FR_
_Prices:_ _ECU4;_ _IRL3,20;_ _UKL2J0;_ _USD4.60_