Source: EURLEX
Language: en
Format: md

# Official Journal

### of the European Communities

Information and Notices
English edition

ISSN 0378-6986

##### C 78

Volume 35

30 March 1992

Notice No Contents Page

I Information

European Parliament

Written Questions with answer

92 / C 78 / 01 No 2173 / 90 by Mr Salvatore Lima to the Commission
Subject : Greenhouse effect 1

92 / C 78 / 02 No 98 / 91 by Mr Jean-Pierre Raffarin to the Commission
Subject : Prevention of domestic accidents 1

92 / C 78 / 03 No 512 / 91 by Mr Pierre Bernard-Reymond to the Council
Subject : Aid to national amateur theatrical federations 2

92 / C 78 / 04 No 588 / 91 by Mr Filippos Pierros to the Commission
Subject : Intra-European telecommunication networks 2

92 / C 78 / 05 No 625 / 91 by Mr Christopher Jackson to the Commission
Subject : Proposed zoos Directive 3

92 / C 78 / 06 No 709 / 91 by Mr Jose Alvarez De Paz to the Council
Subject : EEC policy for the integration of immigrants 3

92 / C 78 / 07 No 756 / 91 by Mr Jose Alvarez De Paz to the Council
Subject : Demographic trends in the Community and future immigration policies 3

Joint answer to Written Questions Nos 709 / 91 and 756 / 91 3

92 / C 78 / 08 No 749 / 91 by Mr Thomas Maher to the Commission
Subject : Imports of calves 4

92 / C 78 / 09 No 902 / 91 by Mrs Mary Banotti to the Commission
Subject : Community recycling symbols 4

2 ( Continued overleaf )

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No 910 / 91 by Mrs Caroline Jackson to the Commission
Subject : EC Directive on emissions from large combustion plants

No918 / 91 by Mr Carlos Robles Piquer to the Commission
Subject : Community funds to finance infrastructure works in poor countries

No 938 / 91 by Mrs Marijke Van Hemeldonck to the Council
Subject : Proposal for a Council Directive on the legal protection of computer programs — the
legal basis of Article 2(3 )

No 1 108 / 91 by Mr Jacques Vernier to the Commission
Subject : Implementation of the conclusions of the Gérondeau report on measures to improve
road safety

No 1 143 / 91 by Mr Carlos Robles Piquer to the Commission
Subject : The process of concentration in the European information industry

No 1 147 / 91 by Mr Gerard Monnier-Besombes to the Commission
Subject : The Haven disaster

No 1 168 / 91 by Mr Dieter Rogalla to the Commission
Subject : Customs clearance of HGVs at the internal borders

No 1265 / 91 by Mr Paul Staes to the Commission
Subject : Channel Tunnel

No 1283 / 91 by Mrs Brigitte Langenhagen to the Council
Subject : Partial suspension of autonomous customs tariffs in respect of frozen fish fillets of
Alaska pollack and hake from third countries into the EC

No 1317 / 91 by Mr Gijs de Vries to the Commission
Subject : Information offices in Vilnius, Riga and Tallin

No 1334 / 91 by the following Members : Jose Valverde Lopez, Ria Oomen-Ruijten
and Egon Klepsch to the Commission
Subject : Use of non-ageing paper

No 1430 / 91 by Mrs Marie Jepsen to the Council
Subject : Mutual recognition of driving licences issued by the Member States — lifting of the
requirement to exchange licences on taking up residence in another Member State

No 1433 / 91 by Mr Freddy Blak to the Commission
Subject : The need for product labelling to aid those suffering from allergies

No 1436 / 91 by Mr Freddy Blak to the Council
Subject : The relocation to other countries of companies causing pollution

No 1458 / 91 by Mrs Annemarie Goedmakers and Mrs Maartje van Putten to the
Commission

Subject : Demand for EC study grants

No 1495 / 91 by Mrs Marijke Van Hemeldonck to the Commission
Subject : Granting of authorizations under Council Directive 76 / 464 / EEC

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Contents ( continued ) Page

No 1 5 1 1 /9 1 by Mr Mihail Papayannakis to the Commission
Subject : Pan-European forum of migrants and membership thereof . 13

92 / C 78 / 27 Nol521 / 91by Mr Alain Pompidou to the Council

Subject : ' L'European ' vehicle licence plates 14

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No 1 53 1 /9 1 by Mr Gerhard Schmid to the Commission
Subject : Trade in stored blood 14

No 1543 / 91 by Mr Llewellyn Smith to the Commission
Subject : Convention on the physical protection of nuclear materials 14

No 1580 / 91 by Mr Jean-Pierre Raffarin to the Commission
Subject : Aid to protect the Marais Poitevin area 15

No 1586 / 91 by Mr Kenneth Collins to the Commission
Subject : Replies from Commission officials to enquiries from Members of the European
Parliament - 15

No 1592 / 91 by Mrs Winifred Ewing to the Commission
Subject : Car seat belts to accommodate infant carriers 16

No 1 6 1 8 / 9 1 by Mr Gerard Monnier-Besombes to the Commission
Subject : Preservation of the monk seal ( Monachus monachus ) 16

No 1648 / 91 by Mrs Winifred Ewing to the Commission
Subject : British Steel 's closure of profitable steel plants in Scotland and EEC competition
policy 16

No 1659 / 91 by Mr Niall Andrews to the Commission
Subject : Notification of the technical regulations by Member States in respect of the obligations
to the Commission 17

No 1674 / 91 by Mr Louis Lauga to the Council
Subject : Respect for legislation on international transport of live animals 18

No 1676 / 91 by Mr Gerard Monnier-Besombes to the Commission
Subject : Dolphin fishing in Japan 18

No 1686 / 91 by Mr Brian Simpson to the Commission
Subject : Investment criteria 19

No 1705 / 91 by Mrs Marie Jepsen to the Commission
Subject : Preliminary draft Commission Directive on foods, intended for weight-control diets . . 19

No 1724 / 91 by Mr Alex Smith to European Political Cooperation
Subject : Contracts of employment for EC nationals outside the Community 19

No 1732 / 91 by Mr Herman Verbeek to the Commission
Subject : Trade in protected species of plants and animals 20

No 1739 / 91 by Mr Madron Seligman to the Commission
Subject : Danger from defective gas-fuelled water heaters 20

92 / C 78 / 43 No 1744 / 91 by Mr Elio Di Rupo to the Council
Subject : Cooperation as regards the right of custody or visiting rights in respect of children ... 21

( Continued overleaf )

Notice No Contents ( continued ) Page

92 / C 78 / 44 No 1745 / 91 by Mr Sotiris Kostopoulos to the Council
Subject : Need for a common policy as regards the manufacture of arms 21

92 / C78 / 45 No 1751 / 91 by Mrs Ursula Braun-Moser to the Council
Subject : Vocational training in alternative medicine / homeopathy 22

92 / C78 / 46 No 1767 / 91 by Mr Jean-Pierre Raffarin to the Commission
Subject : Diversification of agriculture into non-agricultural activities 22

92 / C 78 / 47 No 1769 / 91 by Mr Miguel Arias Cañete to the Commission
Subject : Tuna imports in the EEC 23

92 / C78 / 48 No 1776 / 91 by Mr Kenneth Stewart to the Commission
Subject : Mido funding for Merseyside, United Kingdom 24

92 / C78 / 49 No 1846 / 91 by Mrs Birgit Bjørnvig to the Commission
Subject : Destruction of tropical rain forests in Sarawak 25

92 / C 78 / 50 No 1 870 / 91 by Mr Mihail Papayannakis to the Commission
Subject : Protection of the seal monachus monachus 25

92 / C 78 / 51 No 1885 / 91 by Mr Ian White to the . Commission
Subject : Environmental Impact Assessment 26

92 / C78 / 52 No 1921 / 91 by Mr George Patterson to the Council
Subject : Conscientious objectors in Greece 26

92 / C 78 / 53 No 1928 / 91 by Mr Thomas Megahy to the Commission
Subject : Trans-European networks — Structural Funds 27

92 / C78 / 54 No 1929 / 91 by Mr Thomas Megahy to the Commission
Subject : Consultation on reform of the Structural Funds 27

92 / C 78 / 55 No 1959 / 91 by Mr Mark Killilea to the Commission
Subject : Export refunds on beef exports to Japan 27

92 / C 78 / 56 No 1961 / 91 by Mrs Raymonde Dury to the Commission
Subject : Driving schools 27

92 / C 78 / 57 No 1981 / 91 by Mrs Ria Oomen-Ruijten to the Commission
Subject : Implementation of the Directive on consumer credit 28

92 / C 78 / 58 No 1992 / 91 by Mr Dieter Rogalla to the Council
Subject : Controls at internal and external frontiers 28

92 / C 78 / 59 No 1994 / 91 by Mr Ernest Glinne to the Council
Subject : The campaign against the laundering of the proceeds of crime, in particular drug
trafficking 29

92 / C78 / 60 No 1998 / 91 by Mr Thomas Megahy to the Commission
Subject : Unsolicited invoices and order forms for business directories received from abroad ... 29

92 / C 78 / 61 No 2006 / 91 by Mr Proinsias De Rossa to the Commission
Subject : Nuclear waste dumping at Sellafield 30

Notice No Contents ( continued ) Pa s e

92 / C 78 / 62 No 2013 / 91 by Mr Victor Manuel Arbeloa Muru to the Commission
Subject : Convention on the environment and war 31

92 / C 78 / 63 No 2052 / 91 by Mrs Jessica Larive to the Council
Subject : Organ doning 31

92 / C 78 / 64 No 2056 / 91 by Mr Lyndon Harrison to the Commission
Subject : European Community chess tournament 31

92 / C 78 / 65 No 2057 / 91 by Mr Lyndon Harrison to the Commission
Subject : Chess 31

Joint answer to Written Questions Nos 2056 / 91 and 2057 / 91 32

92 / C 78 / 66 No 2082 / 91 by Mr Lyndon Harrison to the Commission
Subject : Public funding accounting ( United Kingdom ) 32

92 / C 78 / 67 No 2105 / 91 by Mr Ernest Glinne to the Council
Subject : Anomalies in the status of the ' autonomous self-governing territory ' of Mount Athos as
recognized by Greece and the European Community 32

92 / C 78 / 68 No 2107 / 91 by Mr Ernest Glinne to the Commission
Subject : Fraud, and its effect on the Community 's budget 33

92 / C 78 / 69 No 21 1 1 / 91 by Mr Ernest Glinne to the Council
Subject : Problems arising when Community territory does not correspond to the geographical
area of the Member States 33

92 / C 78 / 70 No 2112 / 91 by Mrs Christine Crawley to the Commission
Subject : Pensioners ' Concession Card 34

92 / C 78 / 71 No 2122 / 91 by Mr Proinsias De Rossa to the Commission
Subject : Disposal of aircraft waste food 35

92 / C 78 / 72 No 2 128 / 91 by Mr Proinsias De Rossa to the Commission
Subject : Racism and Xenophobia 35

92 / C 78 / 73 No 2129 / 91 by Mr Proinsias De Rossa to the Council
Subject : Racism and Xenophobia 35

92 / C 78 / 74 No 2134 / 91 by Mr Jean-Pierre Raffarin to the Commission
Subject : Social marginalization 35

92 / C 78 / 75 No 2138 / 91 by Mr Sotiris Kostopoulos to the Commission
Subject : Transparency in the allocation of financial aid under the Envireg programmes 36

92 / C 78 / 76 No 2143 / 91 by Mr Michael Hindley to the Commission
Subject : Exports of knitted garments from Hong Kong 37

92 / C 78 / 77 No 2145 / 91 by Mr Ernest Glinne to the Commission
Subject : The smashing of the Topkapi network and action taken against suppliers of illegal
Turkish labour 37

( Continued overleaf )

Notice No Contents ( continued ) p age

92 / C 78 / 78 No 2146 / 91 by Mr Ernest Glinne to the Council
Subject : The smashing of the Topkapi network and action taken against suppliers of illegal
Turkish labour 38

92 / C 78 / 79 No 2148 / 91 by Mr Ernest Glinne to the Council
Subject : Corruption in the Dominican Republic 38

92 / C 78 / 80 No 2155 / 91 by Mrs Carmen Díez de Rivera Icaza to the Commission
Subject : Raw sewage discharged by yachts and pleasure boats 38

92 / C 78 / 81 No 2157 / 91 by Mrs Carmen Díez De Rivera Icaza to the Commission
Subject : Boat tourism in the Mediterranean 39

92 / C 78 / 82 No 2206 / 91 by Mr Ernest Glinne to the Commission
Subject : Controls on the quality of spring water 39

92 / C 78 / 83 No 2207 / 91 by Mr Kenneth Collins to the Commission
Subject : Social Charter 40

92 / C 78 / 84 No 2218 / 91 by Mr Proinsias De Rossa to the Commission
Subject : Interreg programmes in Ireland 40

92 / C 78 / 85 No 2225 / 91 by Mr Victor Manuel Arbeloa Muru to the Commission
Subject : Television monopolies in the Member States 41

92 / C78 / 86 No 2233 / 91 by Mr Victor Manuel Arbeloa Muru to the Council
Subject : Agreements with the Baltic States . . . 41

92 / C 78 / 87 No 2234 / 91 by Mrs Andriana Ceci to the Commission
Subject : Horizon programme 41

92 / C 78 / 88 No 2271 / 91 by Mr Dieter Rogalla to the Commission
Subject : Measures to combat forest fires 42

92 / C78 / 89 No 2308 / 91 by Mr Jean-Pierre Raffarin to the Commission
Subject : European sports forum 42

92 / C 78 / 90 No 2316 / 91 by Mr Gijs de Vries to the Commission
Subject : Netherlands law on the media 42

92 / C 78 / 91 No 2323 / 91 by Mrs Cristiana Muscardini to the Commission
Subject : Provisional release from detention on remand 43

92 / C 78 / 92 No 2341 / 91 by Mr Ernest Glinne to the Council
Subject : Nuclear policy with regard to Europe 43

92 / C 78 / 93 No 2358 / 91 by Mr David Martin to the Council
Subject : Procedure for election to the European Parliament 44

92 / C 78 / 94 No 2362 / 91 by Mr Sergio Ribeiro and Mr Francis Wurtz to European Political
Cooperation
Subject : The selection of Morocco to chair the International Conference on Human Rights ... 44

92 / C 78 / 95 No 2391 / 91 by Mrs Raymonde Dury to the Council
Subject : Social security rights of volunteer development workers employed by NGOs 45

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No 2393 / 91 by Mrs Raymonde Dury to the Council
Subject : Action of the Twelve to combat infanticide in Brazil . . - 45

No 2399 / 9 1 by Mr Marc Galle to the Commission
Subject : Charges for financial services in Belgium 46

No 2403 / 9 1 by Mr Sotiris Kostopoulos to the Commission
Subject : Pollution of the Aegean 47

No 2417 / 91 by Mr Thomas Maher to the Commission
Subject : Staple food prices in EFTA countries 47

No 2419 / 91 by Mrs Joanna Rønn to the Commission
Subject : The Commission 's proposal to set up a working environment agency 48

No 2422 / 91 by Mr Gijs de Vries to the Commission
Subject : Anti-dumping policy in relation to competition policy 48

No 2430 / 9 1 by Mr Hans Peters to the Commission
Subject : Implementation of Council Directive 83 / 189 / EEC as amended by Council
Directive 88 / 182 / EEC laying down a procedure for the provision of information in the field of
technical standards and regulations 49

No 2445 / 91 by Mr David Martin to the Commission
Subject : Political role of EIB and EBRD 50

No 2514 / 91 by Mr Gijs de Vries to the Commission
Subject : Advisory Committee on Competition Policy 50

No 2515 / 91 by Mr Francesco Speroni to the Commission
Subject : Rules concerning the driving by Italian nationals of vehicles registered in other
Community Member States 5 ^

No 2523 / 9 1 by Mr Victor Manuel Arbeloa Muru to the Council
Subject : Women 's family responsibilities 5 ^

No 2524 / 91 by Mr Victor Manuel Arbeloa Muru to the Council
Subject : Women 's family responsibilities 51

Joint answer to Written Questions Nos 2523 / 91 and 2524 / 91 51

No 2525 / 91 by Mr Victor Manuel Arbeloa Muru to the Council 52

Subject : Agreement on forest protection

No 2526 / 91 by Mr Victor Manuel Arbeloa Muru to the Council

Subject : Noise at airports

92 / C 78 / 110 No 2555 / 91 by Mr Jaak Vandemeulebroucke to the Council
Subject : Budget appropriations earmarked for consumer information and protection 52

92 / C 78 / 1 11 No 2645 / 91 by Mr Luigi Vertemati, Mr Franco Iacono, Mr Pierre Camiti, Mr Nereo
Laroni, Mrs Maria Magnani Noya and Mr Vincenzo Mattina to the Council

Subject : Immigration and racism

92 / C 78 / 1 12

No 2664 / 91 by Mr Hugh McMahon to the Council
Subject : Social Charter 54

( Continued overleaf )

Notice No Contents ( continued ) Page

92 / C 78 / 1 13 No 3111 / 91 by Mr Yves Verwaerde to the Council
Subject : Brief report on the meeting of the Council of Social Affairs Ministers on 6 November

1991 ' 54

Joint answer to Written Questions Nos 2664 / 9 1 and 3111 / 91 54

92 / C78 / 114 No 2682 / 91 by Mr Gerardo Fernández-Albor to the Council
Subject : Special measures in favour of women convicted for parricide 54

92 / C 78 / 1 15 No 26^8 / 91 by Mr Carlos Robles Piquer to the Council
Subject : Classifying initiatory ' ragging ' as a criminal offence 55

92 / C78 / 116 No 2707 / 91 by Mrs Brigitte Ernst de la Graete to the Council
Subject : Imports of meat from the United States to the EC 55

92 / C 78 / 1 17 No 2709 / 91 by Mrs Martine Lehideux to the Council
Subject : AIDS contamination through blood transfusions                  - 55

92 / C 78 / 118 No 2716 / 91 by Mr Herman Verbeek to the Council
Subject : Agricultural trade negotiations and the environment 56

92 / C 78 / 1 19 No 2727 / 91 by Mr John Cushnahan to the Council
Subject : Employee financial participation 56

92 / C 78 / 120 No 2736 / 91 by Mr Sotiris Kostopoulos to European Political Cooperation
Subject : Voting rights of Community citizens 57

92 / C 78 / 121 No 2789 / 91 by Mr Freddy Blak to the Council
Subject : Mortality among alcoholics and smokers 57

92 / C 78 / 122 No 2855 / 91 by Mr Ernest Glinne to the Council
Subject : Drugs trafficking from the Dominican Republic 57

92 / C 78 / 123 No 2858 / 91 by Mr Ernest Glinne to the Council
Subject : Impending ecological disaster along the Pacific coast of Central America 58

92 / C 78 / 124 No 3013 / 91 by Mr Victor Manuel Arbeloa Muru to the Council
Subject : Harmonization of asylum policies . . . 59

92 / C 78 / 125 No 3053 / 91 by Mr Carles-Alfred Gasòliba I Bohm to the Council
Subject : Inclusion of Catalan in the Lingua programme 59

92 / C78 / 126 No 3129 / 91 by Mr Adrien Zeller to the Council
Subject : Istanbul Convention on Bankruptcy 59

No C 78 / 2 Official Journal of the European Communities 30 . 3 . 92

Answer given by Mr Van Miert

on behalf of the Commission

( 22 November 1 991 )

The symposium mentioned by the Honourable Member
confirmed the many aspects involved in consumer safety .

The Commission is aware of the seriousness and the

number of domestic accidents involving children and is
trying to resolve the many problems which these raise .

The Commission believes that prevention of these

accidents and an efficient policy in the area of consumer
safety require a series of actions and initiatives with direct
responsibility on the part of the Member States or the
Community, depending on the case .

These initiatives should not be limited to adopting
legislative measures, which remain fundamental, but
must also cover organization and general consumer
information in this area .

WRITTEN QUESTION No 512 / 91
by Mr Pierre Bernard-Reymond ( PPE )
to the Council of the European Communities

( 26 March 1991 )

( 92 / C 78 / 03 )

Subject : Aid to national amateur theatrical federations

Does the Council not consider that it is necessary to take
measures similar to those envisaged for the audiovisual
sector to help the theatre, in particular the amateur
theatre, to achieve a European dimension too, as part of
the development of cultural Europe in 1992 ?

For this purpose, national federations could be given
financial assistance and be encouraged to form an
amateur theatrical confederation .

Answer

(4 March 1992 )

In their resolution of 2'4 November 1991 (') on European
cultural networks, the Council and the Ministers
for Culture agreed ' to encourage active participation
of cultural organizations of their countries in
non-governmental cooperation on a European scale '.

Moreover, in their resolution of 7 June 1991 ( 2 ) on the
development of the theatre in Europe, the Ministers for
Culture had already expressed their ' determination to

encourage the theatre in Europe and to enhance its
European dimension ' by examining jointly a series of
actions in that field .

O OJNoC314,5 . 12 . 1991 .
O OJNoC 188, 19.7 . 1991 .

WRITTEN QUESTION No 588 / 91

by Mr Filippos Pierros ( PPE )
to the Commission of the European Communities

( 26 March 1991 )

( 92 / C 78 / 04 )

Subject : Intra-European telecommunication networks

At the end of 1989 ( European Council meeting in
Strasbourg, December 1989 ) an important initiative was
taken to harness the completion of the internal market
and economic and social cohesion to the creation of an
intra-European network infrastructure inter alia in the
field of telecommunications, with a view to establishing a
link between the peripheral regions and the centre of the
Community .

The Commission is already drawing up proposals and
measures to this end . However, despite the progress
already made, the question of financing these networks
remains vague and uncertain . Can the Commission give
its view on this matter and state whether it intends to
provide for the realization of this ambitious project new
and sufficient Community resources in addition to
existing resources and in addition to those provided by
private sources ?

Answer given by Mr Bangemann

on behalf of the Commission

(8 January 1992 )

The issues associated with trans-European networks were

discussed in a Commission communication to the Council
and Parliament (*) which is currently being examined by
both institutions, the Economic and Social Committee
having recently given its opinion . Financing is at the heart
of these discussions, with several sources being available :
private, national and Community . As regards financing
from the Community budget, it is up to the budgetary
authorities to decide what new resources may be allocated
to the establishment of trans-European networks .

As stated in the communication, the Commission will
make appropriate proposals .

In the context of the intergovernmental conference on
political union, the Commission proposed that a chapter

30 . 3 . 92 Official Journal of the European Communities No C 78 / 3

on trans-European networks should be inserted in the
EEC Treaty .

In the short term, trans-European networks will have to
be financed from existing instruments, such as the Insis
and Caddia programmes, or from instruments still under
discussion, such as the specific research and technological
development programme in the field of telematic systems
in areas of general interest, which is provided for by the
framework programme of research and technological
development adopted in April 1990, with proposed
funding of ECU 380 million . Under the regulations
currently in force, the structural Funds are a further
possible source of assistance for Member States in respect
of eligible areas . Between 1989 and 1993, the European
Regional Development Fund is expected to allocate more
than ECU 1 100 million ( provided for in the Community
support frameworks, including the Star programme ) to
the financing of telecommunications infrastructures in the
regions covered by Objective 1, including ECU 345
million in Greece .

There are also the Star and Telematique programmes,

likewise financed by the ERDF, which are designed to
promote the use of advanced telecommunications services
in the least-favoured regions of the Community ( regions
covered by Objective 1 ).

WRITTEN QUESTION No 709 / 91

by Mr José Alvarez De Paz ( S )
to the Council of the European Communities

( 19 April 1991 )

( 92 / C 78 / 06 )

Subject : EEC policy for the integration of immigrants

What conclusions have been reached by the group of
experts which has been studying policies regarding the
integration of immigrants ? Is there a timetable for the
development of this kind of policy by the Community ?

WRITTEN QUESTION No 756 / 91

by Mr José Alvarez De Paz ( S )
to the Council of the European Communities

( 23 April 1991 )

( 92 / C 78 / 07 )

(') CQM(90 ) 585 final . Subject : Demographic trends in the Community and

future immigration policies

At the meeting of 14 and 15 December 1990 in Rome, the

WRITTEN QUESTION No 625 / 91

by Mr Christopher Jackson ( ED )
to the Commission of the European Communities

( 15 April 1991 )

( 92 / C 78 / 05 )

Subject : Proposed zoos Directive

Can the Commission explain why it has not yet published
proposals for a zoos Directive ?

Council Presidency issued a statement on demographic
problems, particularly those arising from immigration
from the southern Mediterranean and eastern European
countries, the decline in birth rates, familiy policies, the
aging of the population and the crisis facing pension
schemes and provisions for the elderly in general .

Can the Council specify the exact content of this
statement and say what measures it intends to draw up to
remedy and correct these potential imbalances ?

It is still discussing proposals and, if so, when will the Joint answer
draft Directive on zoos be published ? to Written Questions Nos 709 / 91 and 756 / 91

( 17 February 1 992 )

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 12 September 1 991 )

The Commission has recently adopted a draft
Directive (') laying down minimum standards for the
keeping of animals in zoos .

O COM(91 ) 177 final .

At its meeting in Strasbourg the European Council
wanted an inventory to be prepared of national positions
on immigration so that a discussion on this issue within
the Council ( General Affairs ) could be prepared . That
discussion took place on 4 December 1990 .

At its Rome meeting in December 1990 the European
Council took note of the reports on immigration and
asked the General Affairs Council and the Commission to
examine the most appropriate measures and actions
regarding aid to countries of emigration, entry conditions

No C 78 / 4 Official Journal of the European Communities 30 . 3 . 92

and aid for social integration, taking particular account of
the need for a harmonized poliy on the right of asylum .

Finally, the European Council in Maastricht noted the
reports on immigration and asylum drawn up at its
request by the Ministers responsible for immigration . It
considered that they constituted an adequate basis for
measures to be taken in those areas .

It agreed on the programme of work and the timetables
laid down and invited the Ministers for Immigration to
implement them .

Moreover, the draft Political Union Treaty approved by
the Maastricht European Council contains provisions
allowing certain subjects within the purview of
inter-governmental co-operation to be transferred to
Community competence .

WRITTEN QUESTION No 749 / 91

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

( 23 April 1991 )

( 92 / C 78 / 08 )

Subject : Imports of calves

Can the Commission state how many calves, under two
months of age, have been imported into the Community
over the past 1 8 months, since October 1989 ?

WRITTEN QUESTION No 902 / 91

by Mrs Mary Banotti ( PPE )
to the Commission of the European Communities

(8 May 1991 )

( 92 / C 78 / 09 )

Subject : Community recycling symbols

Would the Commission be prepared to introduce a
Community labelling system which would give consumers
information on the recyclability of products and how
correctly to handle the packaging of such products so as
to increase recycling in the EC ?

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 27 November 1 991 )

In February 1991 the Commission made a proposal for a
Council Regulation covering a Community award scheme
for an Eco-label .

Products considered for an award under this scheme will
be evaluated on a ' cradle to grave ' basis and the question
of recyclability could, where appropriate, be one of the
criteria to be met .

WRITTEN QUESTION No 910 / 91

by Mrs Caroline Jackson ( ED )
to the Commission of the European Communities

Answer given by Mr Mac Sharry to the Commission of the

on behalf of the Commission

( 15 May 1991 )

on behalf of the Commission

( 25 October 1991 ) ( 92 / C 78 / 10 )

The customs classification, on the basis of the
Flarmonized System, separates calves from the adult
animals on the basis of their weight ( not more than 220 kg
or more than 220 kg ). For this reason the Commission
does not have specific information concerning the age of
calves at the time of their import into the Community .

However, taking into consideration the existing trade
patterns in this field as well as the criterion of the average
weight of those animals, the calves imported for which the
weight is not higher than ± 60 kg can be estimated at :

Subject : EC Directive on emissions from large
combustion plants

Article 3(1 ) of Directive 88 / 609 (*) requires Member
States to draw up programmes for the progressive
reduction of total annual emissions from large
combustion plants by 1 July 1990 . These are to include
timetables and the implementing measures . Article 16
requires Member States to inform the Commission of
these programmes by 31 December 1990 .

Can the Commission state which Member States did not
inform the Commission of their programmes by 31
December 1990 ? Which Member States have not yet
informed the Commission of their programmes ?

O OJ No L 336, 7 . 12 . 1988, p. 1 .

October — December 1989 :

January — December 1990 :
January — March 1991 :

53 000 heads

850 000 heads .

200 768 heads .

30 . 3 . 92 Official Journal of the European Communities No C 78 / 5

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 27 November 1 991 )

The Commission received the German, French,
Portuguese, Dutch and Danish programmes to reduce
total annual emissions from large combustion plants
before 31 December 1990 . The United Kingdom provided
the Commission with its draft programme before the
deadline .

Luxembourg, Ireland, Italy, Spain and Greece have not
yet provided the Commission with their programmes .

Belgium has applied for a delay which has been accepted
by the Commission .

Noting the problems regarding the financing of major
communications networks and the direct risk of a crisis
which this implies for the Community, an independent
expert group, chaired jointly by Mrs Smit-Kroes and Mr
Pisani, presented to the Commission its conclusions,
which tend towards the setting-up of a fund of this kind .

The Commission reserves the right to adopt its position
on the proposal when a ^ vhite paper on the common
transport policy is published at the end of 1991 .

WRITTEN QUESTION No 938 / 91
by Mrs Marijke Van Hemeldonck ( S )
to the Council of the European Communities

( 15 May               - 1991 )

( 92 / C 78 / 12 )
WRITTEN QUESTION No 918 / 91

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

( 15 May 1991 )

( 92 / C 78 / 11 )

Subject : Community funds to finance infrastructure
works in poor countries

The Spanish Government 's decision not to take any
decision until 1992 on which Spanish rail route should
connect with the French frontier and with the European
high-speed train, once more raises the question whether
the Community will accept for the year in question the
proposal to set up a specific fund to finance major
infrastructure works of European interest in the poor
countries of the Community .

The disparity of criteria in this regard between rich and
poor countries raises doubts in the governments
concerned as to the planning of such infrastructure
works, at least whilst awaiting a decision from the
Community on whether such a fund should be created .

What is the Commission 's attitude to the creation of a
Community fund of this kind ? Can it provide
encouragement for the Community to take action one
way or another during the 1992 financial year ?

Answer given by Mr Van Miert

on behalf of the Commission

( 3 December 1 991 )

The setting-up of a specific fund for financing major
transport infrastructure works of European interest is one
of the matters being examined by the Commission with
the aim of developing transport policy .

Subject : Proposal for a Council Directive on the legal

protection of computer programs — the legal
basis of Article 2(3 )

The basis for the above proposal for a Directive

( COM(90 ) 509 final (*)) is Article 100a of the EEC
Treaty . However, Article 2(3 ) of the proposal for a
Directive contains a provision to which Article 100a(2 ) of
the Treaty would appear to apply .

1 . Does the Council consider that Article 100a(2 ) is

applicable to Article 2(3 ) of this proposal for a
Directive ?

2 . If so, what conclusion does it draw concerning the

procedures for adoption of this proposal for a
Directive ( qualified majority or unanimity ) ?

3 . In general, if a proposal for a Directive contains
provisions covered both by both Article 100a(l ) and
Article 100a(2 ), what voting procedure shall govern its
adoption ? In such a case, is reference to Article 100a
sufficient as a legal basis and should not this legal
basis be spelt out in greater detail ?

O OJ No C 320, 20 . 12 . 1990, p. 22 .

Answer

(4 March 1992 )

1 and 2 . The Council takes the view that the exception
mentioned in Article 100a(2 ) of the Treaty does not apply
to the Directive on the legal protection of computer
programs, which it adopted on 14 May 1991 ('). It was
therefore correct for this Directive to be adopted on the
basis of Article 100a .

No C 78 / 6 Official Journal of the European Communities 30 . 3 . 92

3 . All proposals for Directives submitted to the
Council must be examined case by case according to their
purpose and content, in order to determine, in accordance
with the provisions of the Treaty and the case law of the

Court of Justice, the legal basis on which they are to be
adopted .

(') OJN0LI22, 17.5 . 1991, p. 42 .

WRITTEN QUESTION No 1 108 / 91

by Mr Jacques Vernier ( RDE )
to the Commission of the European Communities

working party made up of Member State Government
representatives in order to establish the objectives of the
programme and how it should be undertaken .

The outcome of these deliberations should appear in a
report to the Council before the end of this year .

The Honourable Member can rest assured that the
Parliament will be kept duly informed and that the
conclusions and any report arising from these
deliberations will be referred to it .

WRITTEN QUESTION No 1143 / 91

(5 June 1991 ) by Mr Carlos Robles Piquer ( PPE )

( 92 / C 78 / 13 ) to the Commission of the European Communities

H (5 June 1 991 )

Subject : Implementation of the conclusions of the ( 92 / C 78 / 14 )
Gerondeau report on measures to improve road
safety

Subject : The process of concentration in the European

Each year road accidents take a massive toll in the
Community, resulting in 50 000 deaths and more than
one-and-a-half million injuries, at a cost of approximately
ECU 70 billion .

A report recently drawn up at the request of the

Commission by a committee of experts led by Mr
Gerondeau recommends various measures which could,
according to the authors, achieve a reduction by 20 % to
30 % in the number of deaths and serious injuries by the
year 2000 .

The envisaged measures include extending speed limits to

all roads, limiting blood alcohol levels to 0,5 g / 1, the
incorporation of certain safety features as standard
fittings in all vehicles and, more generally, a full-scale
exchange of information between national authorities .

1 . Can the Commission submit a programme for
implementing the conclusions of this report ?

2 . Can the Commission undertake to keep Parliament

regularly informed of the progress made in
implementing the conclusions of the report ?

Answer given by Mr Van Miert

on behalf of the Commission

( 26 September 1 991 )

1 . The report to which the Honourable Member refers
is indeed a study requested by the Commission . It
constitutes the basis on which a new strategy and a
programme is to be launched with the intention of
developing a European policy on road safety .

2 . The Commission is contemplating a thorough
examination of this report, most probably through a

information industry

The symposium held by Parliament on a European

strategy in the field of industrial components has brought
two points to light once again : the inadequate size of the
European information industry and the lack of support
for Community R&D policy with particular reference to
Community industrial policy .

Mr Pandolfi, Vice-President of the Commission has
welcomed the fact that discussion is finally taking place
on the need for a single European undertaking for the
production of semi conductors ( Le Monde, 25 April 1991 )
and the French minister Paul Quiles has stressed the need
to set up a European electronics agency ( Le Monde,
26 April 1991 ). Only a few days later, the Council is
preparing measures to encourage cooperation agreements
between the main European undertakings in this sector .

Are we witnessing an attempt to strengthen cooperation
or a process of concentration ?

What is the role reserved for shareholders and the public
authorities in these developments, which are intended to
achieve a critical mass to ensure that the Community can
compete efficiently at world level ?

Does the Commission believe that the European
information industry should be in predominantly private
hands as the result of a process of concentration ?

Answer given by Mr Pandolfi

on behalf of the Commission

( 30 September 1 991 )

At world level, the electronics industry, and the
semiconductors sector in particular, are undergoing fast

No C 78 / 8 Official Journal of the European Communities 30 . 3 . 92

to have been implemented by the French authorities
somewhat tardily ?

2 . Might not the use of a double hull have prevented the

disaster ?

3 . Bearing in mind the main risk-factors of disasters at

sea, are there not grounds for tightening up
prevention measures, e.g. by imposing limits on the
tonnage transported so as to ensure that ships are
more manoeuvrable or by making safety a greater
consideration in the choice of routes, which are too
often selected purely on grounds of profitability ?

If so, what steps does the Commission intend to take ?

Answer given by Mr Van Miert

on behalf of the Commission

(3 December 1 991 )

The improved situation resulting from the Italian
initiative to control matters by towing the tanker ' Haven '
into coastal waters has been generally recognized in
Europe .

The decision to implement the ' Polmar ' plan was taken
under French Government authority, and the French and
Italian Governments have achieved a good level of
cooperation on the issue .

As the operation is not yet complete, no analysis of the

accident has so far been made or appropriate responses
formulated .

The enquiry into the accident is still under way, but the
fact that explosions occurred is not really sufficient to
suggest that the consequences would have been any less
serious, or even avoidable, had the vessel been equipped
with a double hull .

The Commission shares the Honourable Member 's
concern regarding the need to step up preventive action .
The organization of maritime traffic, the use of the VTS
system and other such measures are being looked into by
the International Maritime Organization, in whose work
the Commission participates .

On the basis of the results achieved within the IMO,
the Commission is looking at the possibility of
Community-level initiatives . This will be the subject of a
communication which the Commission expects to present
to the Council and Parliament early next year on
Community policy on maritime safety and the prevention
of marine pollution .

WRITTEN QUESTION No 1168 / 91

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

(5 June 1991 )

( 92 / C 78 / 16 )

Subject : Customs clearance of HGVs at the internal

borders

1 . Does the Commission share my view that its
responsibility for implementing the Treaties also covers
the customs union, which is the foundation of the
Community ?

2 . Does the Commission share my view that the
situation at the German / Dutch border crossing points has
become absolutely intolerable ( as I myself observed on
Monday, 29 April 1991 and Thursday, 2 May 1991 at the
Venlo crossing point on the motorway near Niederdorf ),
with mile-long queues of heavy goods vehicles from the
Netherlands waiting to enter the Federal Republic, and
that these unacceptable delays inflict serious and undue
damage on industry ?

3 . Is the Commission prepared to meet the claims for
compensation of the haulage and shipping companies
concerned as a result of the intolerable situation described

in point 2 above ?

4 . How can the Commission talk about a customs
union and the creation of an internal market when, owing
to the Commission 's failure to act and the lack of
cooperation between the Member States concerned, not
even the minimum requirement of coordinated opening
times of customs offices has been met on public holidays
celebrated on different days but in close succession ?

5 . What speedy action does the Commission intend to
take to prevent a recurrence of such events in similar
public holiday situations this year and in the more distant
future ?

Answer given by Mrs Scrivener

on behalf of the Commission

( 21 November 1991 )

1 and 2 . The Commission does believe that queues at
internal Community borders seriously jeopardize the
principles of the Single Act, particularly with regard to the
free movements of goods .

3 . Given its role and responsibilities, with particular
reference to the completion of the single market, the
Commission does not envisage offering compensation in
this particular case .

4 and 5 . The Commission believes that the whole
problem should be settled by legislation .

No C 78 / 10 Official Journal of the European Communities 30 . 3 . 92

between the interests of processors and Community
producers of fishery products ( application of the principle
of Community preference ).

WRITTEN QUESTION No 1317 / 91

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

( 24 June 1991 )

( 92 / C 78 / 19 )

Subject : Information offices in Vilnius, Riga and Tallin

On 15 February 1991 President Havel announced the
opening of a Czechoslovak information office in Vilnius
( Le Monde, 17 February 1991 ).

Is the Commission prepared to open similar offices in the
capitals of the three Baltic States ?

Answer given by Mr Andriessen

on behalf of the Commission

( 25 November 1 991 )

After the recognition of independence of the Baltic States,
the Commission is examining the possibility of opening a
delegation in these newly independent States . As an
interim solution, and due to budgetary constraints, the
Commission may consider the possibility of an already
existing EC delegation becoming responsible for the
relations with these countries .

WRITTEN QUESTION No 1334 / 91
by the following Members : Jose Valverde Lopez,

Ria Oomen-Ruijten and Egon Klepsch ( PPE )
to the Commission of the European Communities

( 26 June 1991 )

( 92 / C 78 / 20 )

Subject : Use of non-ageing paper

One third of the books in our most important libraries are
disintegrating . Books published only 50 years ago have
begun to show signs of serious ageing under normal
storage conditions because they are printed on acid paper,
which disintegrates . There are various types of

non-ageing paper, however, for long-term storage
purposes . An international or European standard is called
for . A public information campaign is required, in
collaboration with all those involved in the area, to draw
attention to this problem : consumers must be aware of the
quality of the paper on which the books they are
purchasing are printed . Proper labelling and a symbol
identifying non-ageing paper are required . What is the
Commission 's involvement in the ISO TC 46 project ?
What measures is the Commission preparing to boost

supply and demand in connection with non-ageing paper ?
Do these include a campaign to inform consumers about
non-ageing paper ? Is the Commission considering setting
a precedent by, for example, printing official publications
on non-ageing paper as historical records to be stored in
archives and libraries ?

Answer given by Mr Van Miert

on behalf of the Commission

( 11 October 1991 )

The Commission would refer the Honourable Members
to its reply to Written Question No 612 / 91 (').

In its communication on books and reading ( J ), the
Commission — aware of the problems resulting from the
use of acid paper — recommended that a campaign be
organized to raise public awareness of the issue . This was
endorsed by the Council ( Cultural Affairs ) in its
resolution of 1 8 May 1989 on the promotion of books and
reading ( 3 ).

Furthermore, the Commission is following, as an
observer, the work of the European Committee for
Standardization ( CEN ) on a European standard
concerning the permanence of paper and board
( CEN / TC 172 ).

This is based on the work done by the International

Standards Organization ( ISO ). The Commission fully
supports the work done by the CEN and hopes that the
standards will be formulated as soon as possible .

As regards the Commission 's involvement in the ISO
TC 46 project, the Commission has observers attending
the ' Information and Libraries ' Committee meetings .
These observers may also make technical contributions to
the meetings of the working group ' Communication
protocol in libraries '.

o OJ No C 259, 4 . 10 . 1991 .
O COM(89 ) 258 final .
O OJ No C 183,20.7 . 1989 .

30 . 3 . 92 Official Journal of the European Communities No C 78 / 11

WRITTEN QUESTION No 1430 / 91

by Mrs Marie Jepsen ( ED )
to the Council of the European Communities

( 12 July 1991 )

( 92 / C 78 / 21 )

Subject : Mutual recognition of driving licences issued by

the Member States — lifting of the requirement
to exchange licences on taking up residence in
another Member State

The Council 's first Directive on the introduction of a

Community driving licence ( 80 / 1263 / EEC ) (*) merely
provides for the introduction of a Community model for
national driving licences and the exchange of licences for
holders who change their place of residence or work from
one Member State to another .

However, the very introduction of the Community
driving licence under Directive 80 / 1263 / EEC gave the
public the impression that the national driving licences
issued by the Member States would immediately be
recognized throughout the Community and that drivers
would not be required to exchange their licence . This
impression has since been strengthened since the
Community announced its aim of creating a ' People 's
Europe ' and a ' Europe without frontiers '. As a result of
this, both the Commission and the European Parliament
regularly receive enquiries from Community nationals
who are surprised that they are still required to exchange
the driving licence issued in their own country when
taking up residence in another Member State .

On implementation of the Commission 's latest proposal
for a Directive on the introduction of the Community
driving licences ( COM(88 ) 705 final ) the requirement to
exchange driving licence when moving from one Member
State to another will finally be dropped . There is much to
indicate however, that the Council does not intend to let
this Directive enter into force until the latter half of the
decade — ostensibly for technical reasons .

In view of the annoyance that the requirement under the
present rules causes EC nationals who already regard
concepts such as freedom of establishment and freedom
of movement of labour as established rights, will the
Council ensure, in connection with the adoption of
COM(88 ) 705 that the date for the Directive entering into
force is brought forward considerably, and preferably as
near to 1 January 1993 as possible .

Articles 12 and 13 stipulate that the Directive concerned
will enter into force on 1 July 1996, and that at the
same time the first Directive on driving licences
( 80 / 1263 / EEC ) will be repealed .

2 . During the discussions in the Council bodies,
Member States acknowledged, as the Honourable
Member has done, the importance of this Directive not
only in the context of transport policy but also for the
' People 's Europe ' and the free movement of persons
within the Community . Lifting of the requirement to

exchange licences on transferring residence from one
Member State to the other is a significant step in that
direction .

3 . However, lifting the requirement to exchange
licences is not the only important aspect of the Directive :
it contains a series of other provisions which effectively
change considerably the arrangements laid down in
Directive 80 / 1263 / EEC . Member States have accordingly
highlighted the need for sufficient time to adapt their
national laws to the new provisions . Under the
circumstances, the Council concluded that 1 July 1996 was
the appropriate date for entry into force of the new
Directive .

o OJ No L 237, 24 . 8 . 1991, p. 1 .

WRITTEN QUESTION No 1433 / 91

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

( 12 July 1991 )

( 92 / C 78 / 22 )

Subject : The need for product labelling to aid those

suffering from allergies

Many people suffer from allergies to certain foodstuffs or
additives . It is therefore important for allergies to be able
to see what a particular product contains .

Council ensure, in connection with the adoption of Would the Commission therefore state what progress it
COM(88 ) 705 that the date for the Directive entering into has made with regard to the compulsory labelling or
force is brought forward considerably, and preferably as description of foodstuffs to ensure that not only additives
near to 1 January 1993 as possible . but the other ingredients of edible processed products are

clearly indicated ?

(') OJ No L 375, 31 . 12 . 1980, p. 1 .

Answer

(4 March 1992 )

1 . The new Directive on driving licences to which
the Honourable Member refers was actually adopted by
the Council on 29 July 1991, as Council Directive
91 / 439 / EEC O.

Answer given by Mr Bangemann

on behalf of the Commission

( 27 November 1991 )

In accordance with Directive 79 / 112 / EEC on the
labelling of foodstuffs ( x ), as last amended by Directive
91 / 72 / EEC ( 2 ), and in particular Articles 3 and 6 thereof,
foodstuff labels must carry a list of ingredients .

No C 78 / 12 Official Journal of the European Communities 30 . 3 . 92

This list includes all the ingredients of the foodstuff plus

any additives, including sweeteners . These must be
indicated by the name of their category followed either by
their specific name or their EEC number .

The Commission 's scientific advisers consider that all this
information, indicated clearly and legibly on foodstuff
labels, is enough to enable persons suffering from
allergies to chose suitable products .

A draft amendment to Directive 79 / 1 12 / EEC is currently
being drawn up with a view to improving this information
by making it obligatory to include the list of ingredients
on the labelling of alcoholic drinks . It is also being
proposed that foodstuffs which are made up of a single
ingredient shall not be exempt from the requirement to
indicate the list of ingredients unless the name of
ingredient already appears in the name under which the
product is sold or unless the latter makes it possible to
identify the ingredient clearly .

(') OJ No L 33, 8 . 2 . 1979 .
O OJ No L 42, 16.2 . 1991 .

WRITTEN QUESTION No 1436 / 91

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

( 12 July 1991 )

( 92 / C 78 / 23 )

Subject : The relocation to other countries of companies

causing pollution

What does the Council propose to do to prevent
companies breaking one country 's environmental laws
from relocating without obstacle to another country
where they are free to carry on polluting ?

This question arises from the fact that a Danish-based
factory has now gone into production in the United
Kingdom, with the same disastrous environmental
consequences as in Denmark .

Answer

(4 March 1992 )

The Community 's environment policy will continue to be
based on standards designed to guarantee a high level of
environmental protection .

Under Article 155 of the EEC Treaty it is for the
Commission to ensure that all distortions in the way in
which such legislation is applied are eliminated, having
regard to Article 1 30t of the EEC Treaty .

WRITTEN QUESTION No 1458 / 91
by Mrs Annemarie Goedmakers and Mrs Maartje van

Putten ( S )
to the Commission of the European Communities

( 16 July 1991 )

( 92 / C 78 / 24 )

Subject : Demand for EC study grants

As a condition for proposing candidates for EC study
grants, the Nigerian Government is evidently requiring
them to be civil servants .

1 . Is there a uniform procedure for applications for EC
study grants by candidates from ACP countries ?

2 . Is the Commission aware of the conditions laid down
by the Nigerian Government for proposing candidates
for EC study grants ?

3 . Does the Commission think it fair that people from

the market sector and the unemployed should in this
way be excluded from applying for EC study grants ?

4 . Does the Commission share the view that in selecting

candidates for EC study grants, aptitude should be the
determining factor and that the question of whether
or not the candidate is in government service must not
be allowed to determine eligibility for an EC study
grant ?

Answer given by Mr Marin
on behalf of the Commission

( 21 November 1991 )

1 . Applications for EC grants are governed by the
Lome Conventions and an ACP-EEC agreement covering
the general measures for implementing the study and
training grant programme which applies to all ACP
countries .

2 . The ACP State preselects candidates for EDF study
grants on the basis of the priorities and goals set by the
national authorities in their indicative programme
negotiated with the Commission ( Directorate - General
for Development ). The content of the programme is
discussed and submitted for Member State approval at the
preprogramming meeting .

3 ; Under the procedures governing cooperation
programmes and projects, each ACP State sets the targets
it deems vital for development . Under Lome II and III,
Nigeria saw fit to give priority to enhancing its
administrative capacities in management, health, the
economy, transport, the environment etc .

This is why priority for EC grants was given to civil

servants in these areas . Priority needs and not
even-handedness were the main criteria, with the
underlying principle of giving maximum benefit to the

30 . 3 . 92 Official Journal of the European Communities No C 78 / 13

national process of development and not to individual
training . Experience shows that Nigerian grant holders
have taken advantage of this training by returning home
and using their knowledge for the benefit of the whole

country .

4 . However, the new indicative programme drawn up
in 1990 under Lome IV between the Commission and
Nigeria will place more emphasis on vocational training as
a way of boosting production and employment in the
private sector . EC grants will, therefore, no longer be
limited to civil servants .

comparative assessment of the implementation of each of
the specific Directives . The Commission is also taking
account of the complaints concerning pollution of the
aquatic environment as a result of discharges of the
dangerous substances covered by Directive 76 / 464 / EEC
referred to above .

WRITTEN QUESTION No 1511 / 91

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

( 23 July 1991 )

WRITTEN QUESTION No 1495 / 91 ( 92 / C 78 / 26 )

by Mrs Marijke Van Hemeldonck ( S )
to the Commission of the European Communities

( 16 July 1991 )

( 92 / C 78 / 25 )

Subject : Granting of authorizations under Council
Directive 76 / 464 / EEC

Under Article 13(1 ) of Council Directive 76 / 464 / EEC (')
Member States are required to supply the Commission
with details of authorizations granted pursuant to
Article 3 and Article 7 ( 2 ).

Has the Commission requested such information and if so
with what results ? If not why not ? .

o OJ No L 129, 18.5 . 1976, p. 23 .

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 28 November 1 991 )

In pursuance of Article 13 of Directive 76 / 464 / EEC the
Commission sent the Member States a letter on 17
October 1988 asking them to provide information that
was considered necessary in relation to each of the
specific Directives that were already at a stage of effective
implementation .

In order to help the Member States and harmonize a
method of presenting data the Commission 's departments
have prepared model forms accompanied by instructions
on filling these in . Information on the authorizations
granted under Articles 3 and 7 ( 2 ) have been provided for
in these models .

The Commission has received a great deal of information

from the Member States and is in the process of adding to
this . On this basis and once it has received the information

requested the Commission will be able to pass on the

Subject : Pan-European forum of migrants and
membership thereof

The Commission is rightly encouraging the creation of a
pan-European forum for migrants ' associations to express
their views at Community level and obtain and pass on to
their members information on Community issues .

Four organizations in Greece have expressed interest in
joining ( representing Egyptians, Cypriots, Filipinos and
Armenians ). However, the association representing the
Armenians was not invited to join . Can the Commission

say why this organization was excluded ?

Answer given by Mr Delors
on behalf of the Commission

(2 December 1 991 )

Participants for the Migrants Forum were invited by the
Commission, but chosen by the Forum Preparatory
Committee, consisting of representatives of Migrants
Associations throughout the EC .

The Commission funds and supports, but does not direct
the make-up and activities of the Forum .

The distribution of the 100 or so invitees reflects roughly
the existing statistics on the origins of the numbers of
migrants legally resident on Community territory, i.e. so
many million Turks, North Africans, Black Africans and
Asians, and so many hundred thousand East Europeans,
Stateless, Caribbeans and Latin Americans, etc .

The numbers and origins to be invited were then
distributed as equitably as possible among the Member
States, again according, to approximate numerical
strength ( i.e. more Turks in Germany, more Asians in the
United Kingdom, etc .)

No C 78 / 14 Official Journal of the European Communities 30 . 3 . 92

Faced therefore with hundreds of qualified applications, 3 . Will the Commission propose
and the impossibility of accommodating all origins stored blood ? If not, why not ?
resident in all Member States, the choice was made to
invite the Federation of Armenian Associations resident in
than Germany those as resident part of in the Greece East European . contingent, rather Answer given by Mrs

3 . Will the Commission propose common provisions for

Answer given by Mrs Papandreou

on behalf of the Commission

However, membership of the Forum will be open to
continual review, and Forum support groups will
probably be formed in each Member State, in which the
Armenians in Greece may make their valid contribution .

WRITTEN QUESTION No 1521 / 91

by Mr Alain Pompidou ( RDE )

to the Council of the European Communities

( 23 July 1991 )

( 92 / C 78 / 27 )

Subject : ' L'European ' vehicle licence plates

What progress has been made in promoting a European
design on vehicle licence plates in the twelve Member
States of the European Community and when is a
harmonized position on this subject likely to be attained ?

( 21 November 1 991 )

1 . At present, there are still varying tests in the Member
States which are carried out on donated blood . According
to the information currently available to the Commission,
the majority of the Member States either require or intend
to require in the near future the screening for
anti-hepatitis C antibodies of blood and plasma donations
for the manufacture of medicinal products . The situation
is at present evolving very rapidly .

2 . At present, imported blood is not yet in all Member
States subject to the same safety requirements as domestic
blood . However, those Member States which currently do
not require anti-hepatitis C antibody screening of
imported plasma are moving towards imposing this
requirement on imports .

3 . Member States shall take the necessary measures to
comply with Directive 89 / 381 / EEC O extending the
scope of the EEC pharmaceutical legislation to medicinal
products derived from human blood or plasma before 1
January 1992 . A Directive on testing requirements for

these products in order to ensure their quality, safety and
efficacy, has been adopted by the Commission on 19 July

1991 .

Answer
o OJNoL 181,28.6 . 1989 .

( 17 February 1992 )

The Council is unable to accede to the Honourable

Member ' a request for a report on its progress in
promoting an European design on vehicle licence plates,
as it has not received any proposal from the Commission
on the subject .

WRITTEN QUESTION No 1531 / 91

by Mr Gerhard Schmid ( S )
to the Commission of the European Communities

( 23 July 1991 )

( 92 / C 78 / 28 )

Subject : Trade in stored blood

Up to the present time blood from donors has not been
subjected to routine testing for the hepatitis C virus in
Denmark .

1 . To what tests is blood from donors submitted to in

which Member States ?

2 . What provisions are there concerning the import of

stored blood from third countries ?

WRITTEN QUESTION No 1543 / 91

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

( 23 July 1991 )

( 92 / C 78 / 29 )

Subject : Convention on the physical protection of nuclear

materials

Will the Commission be represented at the forthcoming
Review Conference of the Convention on the Physical
Protection of Nuclear Materials ?

Answer given by Mr Cardoso e Cunha

on behalf of the Commission

( 29 November 1 991 )

The Contmunity, through the Commission, will be
represented at the forthcoming Review Conference of the
Parties, convened in accordance with Article 16 of the
Convention .

- 30 . 3 . 92 Official Journal of the European Communities No C 78 / 15

WRITTEN QUESTION No 1580 / 91

by Mr Jean-Pierre Raffarin ( LDR )
to the Commission of the European Communities

( 24 July 1991 )

( 92 / C 78 / 30 )

Subject : Aid to protect the Marais Poitevin area

The regional and departmental representatives regret that
the Commission is unable to reverse its decision not to
recognize the Marais Poitevin as a fragile European rural
area ( area 5 b ) before 1993 and requests at this early stage
that this decision be reversed when the 1993-1998 policy
programme is adopted .

Although nothing can be done in the context of European
regional policy in the short term, the Community 's
agricultural and environmental protection policies offer
some scope for action . For the European Parliament
has just adopted a new budgetary heading for the
environment ( the Life programme ) which could
accommodate the Departement des Deux-Sevres and the
Poitou-Charentes region 's plans in respect of the Marais
Poitevin area .

Moreover, the Commission 's proposals for a new
common agricultural policy seem to involve increased
environmental protection measures .

Since the local authorities concerned are determined to
act to protect the Marais Poitevin area, what procedures
can the Commission adopt to co-finance this major
project ?

on the agricultural and pastoral management of common
land on the Marais Poitevin .

In the former case, the Commission told the French
authorities when they submitted the first project for the
Marais Poitevin that they would like to see the procedure
extended to other areas of the marsh .

2 . Future measures which could be taken under

Commission proposals

As the Honourable Member states, both the proposals on
the reform of the common agricultural policy ( 3 ) and
Community action relating to nature conservation
( ACNAT ) ( 4 ), which should shortly be incorporated into
the Life programme, will provide extra budget resources
for environmentally-friendly agricultural practices, the
maintenance of the natural environment, the preservation
of seriously threatened species and the restoration of
biotopes .

These measures will enable the Community to contribute

to eligible measures to protect the environment .

(') Regulation ( EEC ) No 797 / 85, OJ No L 93, 30 . 3 . 1985 .
O Regulation ( EEC ) No 2242 / 87, OJ No L 207, 29 . 7 . 1987 .
O COM(91 ) 258 final .
( 4 ) COM(9Q ) 125, as amended by COM(91 ) 35 .

WRITTEN QUESTION No 1586 / 91

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

( 24 July 1991 )

Answer given by Mr Mac Sharry ( 92 / C 78 / 31 )

on behalf of the Commission

( 4 November 1 991 )

There are two aspects to protection of the Marais
Poitevin :

1 . Action taken so far

The Marais Poitevin is not recognized as a fragile

European rural area under Objective 5(b ). No decision on
recognition under the new policy for 1993-98 has yet been
taken and proposals for such recognition have to be made
by the Member State .

Assistance for the protection of areas such as the Marais

Poitevin may be secured under two Community
instruments, Article 19 of the agricultural structures
Regulation (') and Community measures on the
environment ( biotopes ) ( 2 ). Both have been employed, in
the form of an Article 19 programme for the northern
Vendee islands and a Community environmental measure

Subject : Replies from Commission officials to enquiries

from Members of the European Parliament

On 12 February 1991 I wrote to Mr Dieter Frisch, the
Director General of DG VIII, about the allocation of
contracts relating to consciousness-raising in the field of
development and the environment . A further letter was
sent on 25 March, as no reply had been received to my
earlier letter . On Thursday, 18 April, I received a
telephone call from a member of staff of DG VIII, saying
that the problems had been solved ant that I would be
receiving a letter from Mr Frisch . I have not yet received
any such letter .

Will the Commission now say whether it is likely that I
will receive a reply before Mr Frisch retires and will they
say what steps they are proposing to take to ensure that
Members of the European Parliament who make
legitimate enquiries about the Commission 's sins of
omission will receive prompt and truthful replies ?

No C 78 / 16 Official Journal of the European Communities 30 . 3 . 92

Answer given by Mr Marin
on behalf of the Commission

( 21 November 1991 )

Mr Dieter Frisch, Director-General for Development sent
a reply to the Honourable Member on 16 June, in which
he explained the reasons for the delay in dealing with a
complex matter concerning the award of a consultant 's
contract to a former Member of the European
Parliament .

WRITTEN QUESTION No 1592 / 91

by Mrs Winifred Ewing ( ARC )
to the Commission of the European Communities

( 24 July 1991 )

( 92 / C 78 / 32 )

Subject : Car seat belts to accommodate infant carriers

What is the Commission 's view of the fact that some cars
currently in use cannot accomodate rear-facing infant
carriers owing to the fact that the seat belts fitted to the
car are too short ?

Is there any proposal for legislation to ensure that car
manufacturers will be obliged to fit rear seat belts, of
adequate length and adaptability in order to allow the use
of all infant carriers ?

Answer given by Mr Bangemann

on behalf of the Commission

( 26 September 1 991 )

The Commission is aware that some cars currently in use
cannot accommodate rear-facing child seats in the rear
passenger seats . This may be due to the fact that the seat
belts fitted to the car are too short to pass around the
child seat, or to the fact that there is insufficient space for
the child seat, particularly if the front seat of the car is set
well back .

There are no minimum dimensions for car seats . Very
small rear seats have certain limited uses and it would not
be practicable to prescribe minimum dimensions for such
seats, nor minimum lengths for their seat belts .

In this context, it should also be noted that a draft
Directive on Child Restraint Systems is being prepared by
the Commission .

WRITTEN QUESTION No 1618 / 91

by Mr Gérard Monnîer-Besombes ( V )
to the Commission of the European Communities

( 25 July 1991 )

( 92 / C 78 / 33 )

Subject : Preservation of the monk seal ( Monachus
monachus )

Is the Commission aware of the outcome of the colloquy
held in May 1991 in Antalaya ( Turkey ) on the
conservation of pinnipeds in general and the monk seal in
particular ?

If so, can it give its opinion on the conclusions drawn at
this colloquy, in particular about the chances of survival
of the Monachus monachus species, especially in the light
of highly controversial attempts to encourage them to
reproduce in captivity ?

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 7 October 1 991 )

The Commission participated in the Antalya seminar held
in May 1991 at the instigation of the Council of Europe .

Despite the many efforts made, the situation of the monk
seal continues to deteriorate . However, encouraging
results have been recorded in the Madeira Natural Park .

The idea of rearing monk seals in captivity should
therefore be seriously considered and the Commission is
closely following the work done by the French
Government in this field .

WRITTEN QUESTION No 1648 / 91

by Mrs Winifred Ewing ( ARC )
to the Commission of the European Communities

(2 5 July 1991 )

( 92 / C 78 / 34 )

Subject : British Steel 's closure of profitable steel plants in

Scotland and EEC competition policy

Having regard to the devastating social and economic
consequences of British Steel 's decision to close down
highly productive steel plants in Scotland, including the
strip mill and one blast furnace at Ravenscraig and the
tube works at Clydesdale, in preference to offering these
plants for sale to alternative buyers ;

whereas, in evidence to the House of Commons Select

Committee on Trade and Industry, the Chairman of
British Steel, Sir Robert Scholey, stated that the

30 . 3 . 92 Official Journal of the European Communities No C 78 / 17

possibility of ' selling that mill to continue operations in
the United Kingdom or the EEC ', would ' have the
Commission jumping out of its skin ';

whereas in its report of 14 March 1991, the above

all-party Select Committee recommends ' that the
competition case on the closure of Ravenscraig should be
further examined by the relevant authorities in the
European Community ';

1 . Will the Commission urgently investigate whether

British Steel 's refusal to disburse its assets in Scotland

constitutes uncompetitive behaviour or restraint of
trade ?

2 . Will the Commission clarify whether Sir Robert

Scholey had any cause or reason to claim that the
Commission would be hostile to the sale of British

Steel assets in Scotland to alternative buyers ?

Answer given by Mr Bangemann

on behalf of the Commission

( 6 November 1 991 )

1 . As the Honourable Member will be aware, as a
result of a complaint made by the Scottish Steel Campaign
Trust, the Commission has completed a thorough
investigation into the Competition aspects of the closure
of the Ravenscraig hot wide strip mill . On 5 June the
Commission wrote to complainants rejecting the
complaint, a copy of the press release relating to the
investigation is being sent directly to the Honourable
Member and to the Secretariat-General of the Parliament .

In general a company has no duty to facilitate the entry of
a competitor into its markets . The Commission does not
intend, in the present circumstances, to conduct any
further investigations into the matter .

2 . The Commission 's attitude to the sale of British

Steel pic 's assets in Scotland or elsewhere is neutral .
Private steel companies which do not receive state aid are
free to dispose of their surplus plant and equipment in
whatever manner they think best .

WRITTEN QUESTION No 1659 / 91

by Mr Niall Andrews ( RDE )
to the Commission of the European Communities

(6 August 1991 )

( 92 / C 78 / 35 )

Subject : Notification of the technical regulations by

Member States in respect of the obligations to
the Commission

Has the Commission any recent statistical data
concerning application by the Member States of the

notification procedures laid down in Directives
83 / 189 / EEC ( x ) and 88 / 182 / EEC ( 2 )? Does not the
Commission believe it necessary to continue and enforce
these monitoring procedures so as to ensure full
application of the above Directives, especially with a view
to the completion of the internal market ?

O OJ No L 109,26.4 . 1983, p . 8 .
O OJ No L 81, 26 . 3 . 1988, p . 75 .

Answer given by Mr Bangemann

on behalf of the Commission

( 4 November 1 991 )

The Honourable Member will find information
concerning the notification of draft technical regulations
( Article 8 etseq . of Directive 83 / 189 / EEC as amended ) in
the three tables dated 16 July 1991 being sent to him direct
and to the Secretariat of the European Parliament . These
contain facts and figures on :

— the total number of notifications since 1984 and the

types of response which they received ;

— the trend in the number of notifications from each

Member State ;

— the breakdown of notifications between the various

sectors of the economy .

Briefly, the main features which emerge are as follows :

— a steady rise in the number of notifications received

annually ;

— the large number of notifications in the
agri-foodstuffs sector ( which came under the
procedure only in 1989 and now has the highest
number of notifications );

— the continuing high percentage of reasoned opinions

delivered by the Commission, mainly for failure to
include a mutual recognition clause for specifications
in force or tests carried out in other Member States .

By and large, the Commission considers compliance by
the Member States with the notification requirement laid
down by Directive 83 / 189 / EEC as amended to be
satisfactory . However, it is in full agreement with the
Honourable Member as to the importance of monitoring .
In this context, it recently renewed its contract with the
firm given the task of scanning the official publications of
the Member States for technical regulations within the
meaning of Directive 83 / 189 / EEC not notified prior to
their adoption .

Since the contract was concluded in 1988, the number
of cases of non-compliance with the notification
requirement has averaged no more than 50 a year .

No C 78 / 18 Official Journal of the European Communities 30 . 3 . 92

WRITTEN QUESTION No 1674 / 91

by Mr Louis Lauga ( RDE )
to the Council of the European Communities

(6 August 1991 )

( 92 / C 78 / 36 )

Subject : Respect for legislation on international transport

of live animals

During the strike by Italian customs officers, when 3 000
trucks were held up on the eastern side of the border and
500 on the western side, there was seen to be some
difficulty in enforcing legislation on international
transport of live animals .

Such violations infringe the European Convention .

In addition, it was possible to see the terrible conditions
of sea crossings from South America when, in order to
overcome transport difficulties, animals were unloaded
from ships in French ports before continuing by road to
Italy .

Is the Council aware of these facts ? Does it plan to ask
importing and exporting countries to respect international
conventions and does it plan to demand that the essential
controls are put in place ?

Answer

(4 March 1992 )

1 . The Council is aware of the effects that certain
strike activities may have, in particular when they disrupt
road traffic, especially the transport of live animals .

The Council has therefore reaffirmed, in Article 7 ( 1 ) of
the Directive on the protection of animals during
transport, adopted on 19 November 1991, that ' Member
States shall ensure that the necessary measures are taken
to prevent or reduce to a minimum any delay during
transport or suffering by animals when strikes or other
unforeseeable circumstances impede the application of
this Directive '.

2 . As regards the requirements imposed on imports
from third countries, a number of measures are
applicable ;

— Directive 91 / 496 / EEC laying down the principles

governing the organization of veterinary checks on
animals entering the Community from third countries
and amending Directives 89 / 662 / EEC, 90 / 425 / EEC
and 90 / 675 / EEC makes provision :

— in Article 4 ( 2 ) ( d ) for physical checks on animals

at border inspection posts with a view to ensuring

compliance with Community legislation on
welfare during transport,

— in Article 5 ( e ) for a ban on imports of animals that

do not fulfil the requirements,

— in Annex A for facilities at border inspection posts

to house, feed, water, treat, and where necessary,
slaughter animals .

— Article 11 ( 2 ) of the Directive on the welfare of

animals during transport also provides that the import
into and transit through Community territory of
animals coming from third countries is subject to a
written undertaking by the exporter or the importer to
comply with Community welfare requirements and
point D of the Annex lays down further special
provisions for transport by water .

WRITTEN QUESTION No 1676 / 91

by Mr Gérard Monnier-Besombes ( V )
to the Commission of the European Communities

(6 August 1991 )

( 92 / C 78 / 37 )

Subject : Dolphin fishing in Japan

Although certain subsidies previously paid to dolphin
fishermen have recently been abolished, Japan continues
to authorize fishing of this species in complete
contradiction to the major international conventions on
wild life protection .

How does the Commission view this situation ? Does it
intend to take any measures ? If so, which ?

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 25 November 1 991 )

The import of all cetacean products into the Community

is prohibited since 1982 .

The Commission is not, however, aware of international
conventions prohibiting the catch of dolphins in Japan .

30 . 3 . 92 Official Journal of the European Communities No C 78 / 19

WRITTEN QUESTION No 1686 / 91

by Mr Brian Simpson ( S )
to the Commission of the European Communities

(6 August 1991 )

( 92 / C 78 / 38 )

Subject : Investment criteria

Is the Commission aware that the United Kingdom
Government still assesses investment for road and rail
transport differently, thus giving an unfair advantage to
road transport ? Would the Commission indicate what
investment criteria are used in other Member States when
assessing road and rail schemes ?

Answer given by Mr Van Miert

on behalf of the Commission

(3 December 1 991 )

The Commission is aware that the investment criteria
used in Member States are different and that they even
vary from one mode of transport to another .

When the Commission was drawing up the draft
Directive, did it obtain expert advice in respect of VLCD
and LCD ? If not, will it do so, in order to bring the
definitions into line with the WHO recommendations ?

Answer given by Mr Bangemann

on behalf of the Commission

( 29 November 1991 )

The preliminary draft Commission Directive referred to
by the Honourable Member does not cover very low ­
calorie diet products . The preliminary, draft is based on
the relevant report of the Scientific Committee for Food
which has yet to be published . A prepublication copy is
being sent directly to the Honourable Member and to the
Secretariat-General of Parliament . In addition, it takes
into account the relevant Codex Alimentarius Standard
( Joint FAO / WHO Food Standards Programme ) and the
existing Community situation .

Finally, the Commission would like to point out that the
preliminary draft Commission Directive is at the very
early stages of discussion and recently has been the
subject of consultations with the Advisory Committee for
Food .

Up to now, it has not been considered necessary to
intervene so as to harmonize the different national
methodologies . However, work has been carried out
successfully in order to adopt Community criteria for
projects financed by the Community . WRITTEN QUESTION No 1724 / 91

by Mr Alex Smith ( S )
to European Political Cooperation

(7 August 1991 )

( 92 / C 78 / 40 )

Subject : Contracts of employment for EC nationals

WRITTEN QUESTION No 1705 / 91

by Mrs Marie Jepsen ( ED )

to the Commission of the European Communities

(7 August 1991 )

( 92 / C 78 / 39 )

Subject : Preliminary draft Commission Directive on
foods intended for weight-control diets

Specialists in very low-calorie diet and low-calorie diet
( VLCD and LCD ) have pointed out that the
Commission 's preliminary draft Directive on low-calorie
prepared foodstuffs contains a number of conflicting
definitions of the products sold in some Member States as
VLCD or LCD, and that, furthermore, the definitions

contained in the Directive do not comply with the
guidelines laid down by the WHO .

outside the Community

What support is given by the Community to protect EC

nationals who enter into contracts of employment in
extra - EC countries, particularly in the Middle East ?

Answer

(4 March 1992 )

Without prejudice to the provisions of individual
contracts of employment, assistance in a third country to
nationals of a Member State is currently the responsibility
of the authorities of that Member State .

No C 78 / 20 Official Journal of the European Communities 30 . 3 . 92

WRITTEN QUESTION No 1732 / 91

by Mr Herman Verbeek ( V )
to the Commission of the European Communities

(7 August 1991 )

WRITTEN QUESTION No 1739 / 91

by Mr Madron Seligman ( ED )
to the Commission of the European Communities

(7 August 1991 )

( 92 / C 78 / 41 ) ( 92 / C 78 / 42 )

Subject : Trade in protected species of plants and animals

The Netherlands association for the monitoring of animal
welfare and environmental protection has warned that the
disappearance of EC internal borders may have disastrous
consequences for protected plant and animal species,
which are already being imported into the Netherlands
from France, Spain and Belgium for further distribution
( Agrarisch Dagblad, 15 June 1991 ). The association
considers this illicit trade to be comparable with drug
trafficking .

1 . Does the Commission agree that the seriousness of

the situation is giving cause for concern ?

2 . Does the Commission have information concerning

the extent of this trafficking and the plant and animal
species involved ?

3 . Does the Commission consider that the frequent

measures taken to prevent the illicit trade in protected
species in the international market are adequate and, if
not, what measures does it intend to take ?

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 6 November 1 991 )

1 . The Commission is aware of reports on illegal trade
in protected species of wild animals and plants, and shares
the concern of the Honourable Member .

2 . The Commission has no data on the extent of such
trade, nor on the species involved .

3 . The Commission is about to make a proposal for a
Council Regulation on the possession of and trade in
specimens of wild fauna and flora, which contains
comprehensive measures on trade in such specimens to,
from and within the Community . The Regulation
concerned is to replace the current Regulation on the
implementation in the Community of Cites (') as of 1
January 1992 .

(') OJNoL 384, 31 . 12 . 1982 .

Subject : Danger from defective gas-fuelled water heaters

A courageous British lady, whose son was killed and
daughter seriously disabled by fumes from a defective
water heater in Tenerife, has been campaigning since the
accident in 1985 to secure the enforcement of adequate
safety standards of such equipment, especially in,
accommodation provided for holiday-makers in
Mediterranean resorts .

Backed by members of the British and European
Parliaments and with invaluable support from the media,
this mother 's enquiries have revealed that so-called
accidents from carbon monoxide poisoning have
frequently been ascribed by property owners to alleged
suicide by the victims . In most Member States there are
regulations governing safety standards both for the
equipment itself and its installation . Unfortunately it has
been revealed that safety certificates or certificates of
compliance have been obtained in many cases by fraud .
Furthermore, when subsequent death or injury arises, I
am advised that local authorities have been known to
refrain from prosecution ostensibly for fear of
prejudicing the tourist trade .

Gas-fuelled water heaters are a commodity, which will be
traded in the Single Market . Citizens of Member States
are welcomed as holiday-makers in other Member States .
This is clearly an area where the Commission should
become involved as a matter of urgency . Once again —
and I still await answers to my Written Questions 671 / 91
( Wanton cruelty to animals in Spain ) and 1087 / 91 ( Illegal
sale of thrush pate ) — I submit that Community laws will
continue to be flouted while the Commission is unable to
impose substantial financial penalties on Member States,
in which those laws are not enforced, and has to rely on
infringement procedures, which appear to be disregarded
with impunity .

Answer given by Mr Bangemann

on behalf of the Commission

( 25 October 1991 )

As indicated previously in response to a Written Question
No 311 / 90 from Mrs Muscardini (') the Commission is
aware of the casualties due to leaks of carbon monoxide
from defective or wrongly installed and maintained gas
appliances . The Commission proposed a Directive for
appliances burning gaseous fuels which was adopted on

30 . 3 . 92 Official Journal of the Eurooean Communities No C 78 / 21

29 June 1990 and will come into force on 2 January 1992
( Directive 90 / 396 / EEC ) ( 2 ).

The Directive provides for intrinsic safety of appliances
with respect to combustion products and their dispersal,
in particular with regard to carbon monoxide .

Further requirements oblige the manufacturer to set out
clearly the necessary information for installation and
maintenance in the relevant manuals .

The Directive also contains the obligation for Member
States to take all necessary steps to ensure that the
appliances may be placed on the market and put into
service only after having been subject to third party
certification .

If a Member State does not fulfil its obligations under the
abovementioned Directive the Commission will initiate
proceedings under Article 169 of the EEC Treaty .

If finally the Commission brings the matter before the
Court of Justice and the Court finds that the Member
State has failed to fulfil an obligation, under Article 171
of the EEC Treaty the Member State is obliged to take the
necessary measures to comply with the judgment of the
Court . The Treaty does not, however, provide the
Commission or the Court of Justice with the possibility of
imposing further sanctions on Member States, in the form
of financial or other penalties .

This is why, in its contribution to the intergovernmental
Conference on Political Union, the Commission
envisaged several solutions to strengthen the powers of
the Court of Justice in the event of failure to comply with
judgments, in particular by providing for the possibility of
imposing financial penalties on Member States .

o OJ No C 325, 24 . 12 . 1990 .
( 2 ) OJ No L 196,26.7 . 1990 .

WRITTEN QUESTION No 1744 / 91

by Mr Elio Di Rupo ( S )
to the Council of the European Communities

(7 August 1991 )

( 92 / C 78 / 43 )

Subject : Cooperation as regards the right of custody or

visiting rights in respect of children

It is a curious paradox that just at a time when in most
Member States childrens ' rights are increasingly defined
in terms of what is best for the child, the difficulty in
ensuring that a right of custody or visiting rights are
respected compounded by the lack of judicial cooperation
in this area means that the parties concerned are often left
to act almost as they wish .

Does the Council not agree that it is essential to promote
judicial cooperation to safeguard childrens ' interests and
the right of parents to have regular contacts with their
children ?

Does it not consider, furthermore, that it should
harmonize its position on the abduction or withholding of
children and that it should set up a register of children
who have been abducted or have disappeared, valid for
the Community as a whole ?

Answer

( 18 Februa ry 1 992 )

While acknowledging the importance of finding a
solution to the problem raised by the Honourable
Member, the Council would remind him that this is a
matter for judicial co-operation between the Member
States .

WRITTEN QUESTION No 1745 / 91

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

(7 August 1991 )

( 92 / C 78 / 44 )

Subject : Need for a common policy as regards the

manufacture of arms

The lack of cooperation in the EEC in respect of the
defence industry means that governments are resorting to
unacceptable methods to subsidize national defence
industries at the taxpayer 's expense . Commissioner Sir
Leon Brittan recently expressed the view that the
Community countries should adopt a common policy as
regards the manufacture of weapons systems so as to
increase their competitivity . Will the Commission say :

1 . whether it intends to extend the scope of the EEC 's

common industrial policy to include the defence
industry ?

2 . how it intends to overcome British and Dutch
objections to such a single policy, given that the
remaining Member States approve the idea ?

Answer

( 18 February 1992 )

The Council can only refer the Honourable Member to
the interventions by the President-in-Office of the

No C 78 / 22 Official Tournal of the F . urnnean Cnmmunirips 30 . 3 . 92

Council and of European Political Co-operation in the
debates on security and arms on 10 July 1990 and 23
October 1991, as well as that of the Commission in the
debate of 9 September 1991 on the employment situation
in the arms industry .

WRITTEN QUESTION No 1751 / 91

by Mrs Ursula Braun-Moser ( PPE )
to the Council of the European Communities

(7 August 1991 )

( 92 / C 78 / 45 )

Subject : Vocational training in alternative medicine /

homeopathy

Since the Commission has not adopted any general legal
provisions on the mutual recognition of professional
qualifications of non-graduate practitioners in the health
sector and since such provisions are not contained in the
amendment to the proposal for a Council Directive on a
second general system for the recognition of professional
education and training ( COM(90 ) 389 final — SYN 209 )
it is impossible for a non-medical practitioner authorized
to practise under German law to establish himself, for
example, in France, an EC Member State which allows
only approved doctors to engage in such activities . On the
other hand, applicants from other EC Member States
wishing to work as non-medical practitioners in Germany
are not required to obtain authorization in accordance
with the law on non-medical practitioners if, in
accordance with the last paragraph of Article 7 ( 2 ) of the
proposal for a Directive, they can provide proof of
qualifications issued in other Member States giving
equivalent guarantees to those required by the laws,
regulations or administrative provisions of the host
Member State, in this case Germany ( as set out in
paragraph 1 of the Non-Medical Practitioners Act ). Since
Germany has no specific legal requirements concerning
the training of non-medical practitioners, but only legal
provisions concerning inspection procedures the term
' equivalent ' cannot be precisely defined, giving rise to the
danger of a large number of foreign applicants being able
to practise in the Federal Republic of Germany without
actually obtaining authorization under paragraph 1 of the
Non-Medical Practitioners Act .

1 . How can the Council reconcile these infringements of

freedom to provide services and freedom of
establishment with the principles of non ­
discrimination and recognition of foreign
qualifications ?

2 . In order to overcome these problems, does it envisage

amending the directive on the recognition of
professional education and training ( COM(90 ) 389
final — SYN 209 ) or a new Directive on non-medical
practitioners, homeopathic and anthroposophic
medicines and alternative therapy, as envisaged on
page 21 of the Chanterie Report on the introduction
of provisions on homeopathic and veterinary
medication ?

Answer

( 18 February 1 992 )

First of all, it should be pointed out that neither the first
general system for the recognition of professional
education and training ( Directive No 89 / 48 / EEC ) (*),
nor the amended proposal for a second general system
( COM(90 ) 389 final — SYN 209 ( 2 )), provide for
unlimited freedom of establishment and freedom to
provide services, since the Member States retain the right
to regulate, or not to regulate, specific professions in the
manner which they consider fit .

Consequently, a Member State is entitled to limit the
practice of healing to qualified medical practitioners .

Subject to this limitation, the text of the amended
proposal is in part designed to cover precisely those
non-graduate professions in the health sector ( for
example, physiotherapists and laboratory technicians )
which are not the subject of existing Directives . In fact, it
is designed to cover any professional education and
training which is below the level referred to in Directive
89 / 48 / EEC, where the professional activity is regulated
in one of the Member States concerned, and where the
activity in question is not covered by existing Community
acts . Given, therefore, that this proposal is general in its
nature and in its application, there was no need to amend
it in order for it to apply to any specific professional

group .

In the case of non-medical practitioners from other
Member States wishing to work in Germany, and in the
absence in Germany of legal requirements concerning the
level of training, the second indent of Article 7 ( 2 ) of the
amended proposal provides for ' an assessment of the . . .
professional aptitudes of the applicant '. In order to be
exempted from this requirement, the applicant would
have to demonstrate that he possessed a qualification
issued in another Member State giving guarantees
equivalent to those required in Germany . In any event, the
applicant would still be subject to the requirement of
Article 11, should the German authorities require proof
of good character or repute .

O OJ No L 19,24 . 1 . 1989, p . 16 .
O OJ No C 217, 1 . 9 . 1990, p . 4 .

WRITTEN QUESTION No 1767 / 91

by Mr Jean-Pierre Raffarin ( LDR )
to the Commission of the European Communities

( 1 September 1 991 )

( 92 / C 78 / 46 )

Subject : Diversification of agriculture into non ­
agricultural activities

The Centre National des Jeunes Agriculteurs en France

( National Centre of Young Farmers in France ) now

30 . 3 . 92 Official Journal of the European Communities No C 78 / 23

accepts that the future of farmers might depend on
diversification into non-agricultural activities instead of
considering farming profession in isolation .

On the basis of this new concept, the CNJA 's idea is to
offer farmers genuine ' contracts ' guaranteeing them an
additional income in exchange for specific commitments,
such as respect for the environment, development of rural
areas, reduction of production, etc .

Would the Commission care to comment on this idea of
' contracts ' proposed by the French CNJA ?

Answer given by Mr Mac Sharry

on behalf of the Commission

( 7 October 1 991 )

The Commission agrees that it is important for farmers to

diversify their activities towards areas other than
production for human or animal consumption and that
account should be taken of farmers ' work as producers of
both goods and services so that they can derive extra
income . Some measures already exist and these need to be
strengthened, particularly through production for
non-food purposes . During negotiations on agricultural
prices for 1991 / 92, the Council asked the Commission to
include in its proposals for the reform of the common
agricultural policy ( CAP ) suggestions on how outlets for
agricultural products in the non-food sector could be
created .

As long ago as 1985 the Council made provision through
Article 19 of Regulation ( EEC ) No 797 / 85 ( ! ) for aid to
farmers introducing or continuing agricultural
production practices compatible with the requirements of
conserving the natural habitat .

Flitherto, these aid schemes have been restricted to
environmentally sensitive areas . That Regulation,
amended in 1989 by Regulation ( EEC ) No 3808 / 89 ( 2 )
also provides for aid to investment for the diversification
of farming activities, including tourism, craft activities
and the manufacture and sale on the spot of farm
products .

The Commission 's communication to the Council on the

development and future of the CAP ( 3 ) contains
accompanying measures, including an agri-environmental
action programme under which aid may be provided to
farmers who :

— use production methods with low risks of pollution

and damage to the environment ;

— adopt measures to promote environmentally-friendly

management of farmed land in order to conserve or

re-establish the diversity and quality of the natural
environment ;

— set aside agricultural land on a long-term basis for

environmental purposes .

Another measure concerns encouragement for the
afforestation of agricultural land at rates of premium
higher than those currently paid .

It should also be noted that the operational programmes
adopted by the Commission for the Objective 5(b )
regions of France include a broad range of measures to
promote rural development through diversification,
which involve farmers directly . The Commission
considers that these measures should be stepped up in
future to assure the prosperity of rural communities and
preserve and develop the natural environment in rural

areas .

O OJ No L 93, 30 . 3 . 1985 .
O OJ No L 371, 20 . 12 . 1989 .
O COM(91 ) 258 .

WRITTEN QUESTION No 1769 / 91

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

( 1 September 1 991 )

( 92 / C 78 / 47 )

Subject : Tuna imports in the EEC

Regulation ( EEC ) No 3211 / 90 (') lifted all current and
future duties on tuna imported from Bolivia, Colombia,
Ecuador and Peru for a period of four years .

Under the protection of this regulation, thousands of
tonnes of tuna from the Eastern Pacific, particularly
Mexico, are fraudulently claimed to originate in Bolivia,
Ecuador, Peru and above all Colombia, given the ease
with which the latter country 's laws allow boats flying
foreign flags to link up with Colombian fishing ventures .

These fraudulent practices are distorting Community

markets and aggravating the crisis currently affecting the
Community tuna fleet .

In the light of the above, what urgent measures will the
Commission take to prevent abuse of Regulation
No 3211 / 90 ?

Does the Commission intend, as a matter of urgency, to
change the compensation mechanism so as to ensure that

30 . 3 . 92 Official Tournal of the European Communities No C 78 / 25

not yet been satisfied that the United Kingdom public
expenditure system ensures that the ERDF contribution
to Operational Programmes is in its entirety delivered to
the regions for which it is intended as additional
resources, as required by Article 9 of Regulation 4253 / 88 .
Discussions are still going on with the United Kingdom
authorities in order to ensure the implementation of this
principle .

In each of the Operational Programme areas the
programme is managed by a partnership which includes
local authorities, the Commission, United Kingdom
Government Departments and other, mainly public
sector, participants in the economic development of the
region . The greater part of the ERDF funding helps to
finance local authority projects . The programme
Secretariat is provided by the regional offices of
Government Departments, in some cases supported by
local authority secondees . Quangoes have no specific role
in the administration of operational programmes, though
they may in appropriate circumstances receive ERDF for
eligible projects which contribute to the aims and
objectives of the operational programme or be
represented at some level within an Operational
Programme 's management structure .

WRITTEN QUESTION No 1846 / 91

by Mrs Birgit Bjørnvig ( ARC )
to the Commission of the European Communities

( 1 September 1 991 )

( 92 / C 78 / 49 )

Subject : Destruction of tropical rain forests in Sarawak

Despite the study by the ITTO ( 1989 ), which stated the
need for a reduction in the annual cut of 13 million cubic

metres to 9 million cubic metres in order to achieve
sustainability, exports in 1990 actually soared to 18
million cubic metres ! The Sarawak primary industries
minister claims that this exploitation is being carried out
very properly on a sustainable yield basis . This means that
the indigenous peoples face more hunger and suffering as
a result of logging .

1 . Is the EC aware of being itself a cause of the
destruction of the last primary forests and being
involved in human rights violations against indigenous
peoples by trading their forests ?

2 . What is the total amount of EC timber imports from

Malaysia over the last 10 years and how many square
kilometres of primary forests fell victim to these
logging activities ?

3 . Does it continue to do so, or is the EC ready to

implement an urgent and immediate moratorium on
all timber imports originating from Malaysia ?

Answer given by Mr Matutes

on behalf of the Commission

( 27 November 1 991 )

1 . The Community considers its policy on tropical
timber trade is best managed through its participation in
international organizations such as the ITTO which
provide a forum for discussion of tropical forest
management in the light of the needs of the timber trade
and a dialogue between producer and consumer
countries .

Relations between the Community and Malaysia in this
area are no exception to these principles . Nevertheless,
the Community will do all it can to ensure that the
recommendations contained in the report by the ITTO 's
international mission — to which the Honourable
Member refers — are taken up and implemented .

2 . The total volume of Community imports of timber
under Chapter 44 of Nimexe from Malaysia over the last
ten years is put at 9,912 million tonnes ( ! ).

No figures are, however, available for the reduction in
surface forest area in Malaysia over the same period .

3 . In view of the Community 's international
commitments, the Commission considers the use of
hard-hitting trade measures requires thorough
examination and careful evaluation of the implications . In
the Commission 's view, a moratorium on tropical timber
imports from Malaysia would be incompatible with
GATT rules and would not necessarily ensure greater
protection of the Sarawak tropical forest . A
broader-based solution should be sought under an
appropriate multilateral framework .

(') Source : Eurostat . The figures for 1980 to 1983 do not relate

to the Community of Twelve .

WRITTEN QUESTION No 1870 / 91

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

( 1 September 1 991 )

( 92 / C 78 / 50 ) .

Subject : Protection of the seal monachus monachus

The Mediterranean seal monachus monachus which had
found a refuge in the marine park of the northern

No C 78 / 26 Official Journal of the European Communities 30 . 3 . 92

Sporades which was set up with EC funds now faces
extinction . In May 1991 Joint Ministerial Decision
No 49714 / 3453 / 1990 laying down measures for the
protection of this Mediterranean seal expired . The
Ministry of Agriculture issued a new ministerial decree
valid until the relevant Presidential Decree is issuedj
allowing seine nets to be used at a distance of 1,5 miles
from the coast and banning fishing at a depth of less than
50 metres at a distance of 500 metres from the shore in the
whole group of islands, and banning all fishing from 1
September to 15 November . It should be pointed out that
while non-industrial fishing by local fishermen is banned
for two and a half months, seine-net fishing is allowed
near Piperi, one of the main reproduction areas and the
centre of the park .

Since long-term efforts by the European Community and
Greece to protect the seal monachus monachus have
reached an impasse, will the Commission bring pressure
to bear on the Greek Government to avert these dire
consequences for the Mediterranean seals and issue a
new presidential decree containing similar fishing
arrangements to those contained in the previous joint
ministerial decisions which proved generally acceptable in
practice ?

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 17 December 1 991 )

The Commission is fully aware of the extremely serious
situation as regards the ' monk seal ' and has requested the
Greek Government to issue the Presidential Decree which
will give official status to the marine park in the northern
Sporades .

Pending this measure, it has informed the Greek
Government in an official letter that it can no longer
continue to finance actions in this sector .

WRITTEN QUESTION No 1885 / 91

by Mr Ian White ( S )
to the Commission of the European Communities

( 1 September 1 991 )

( 92 / C 78 / 51 )

Subject : Environmental Impact Assessment

Why has the Commission required the Office of Public
Works in the Republic of Ireland to provide an
Environmental Impact Assessment for the proposed
Interpretative Centre in the Wicklow Mountains National

Park, but not asked for the same requirement in the case
of the similar Centre proposed at Mullaghmore in the
Burren National Park in County Clare ?

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 26 November 1 991 )

The decision to submit the proposed interpretative centre
in the Wicklow Mountains to an impact study was solely
that of the Irish Office of Public Works . The OPW has
now commissioned impact studies for the Mullaghmore
and Dunquin centres .

WRITTEN QUESTION No 1921 / 91

by Mr George Patterson ( ED )
to the Council of the European Communities

(2 September 1 991 )

( 92 / C 78 / 52 )

Subject : Conscientious objectors in Greece

Will the Council of Ministers state what action it has
taken to follow up Parliament 's resolution of October

1989 calling for entitlement to conscientious objection in
all EC Member States ?

The Council will no doubt be aware that imprisonment of

conscientious objectors is continuing in Greece and other
Member States . What action does it propose to take to
encourage these Member States to end such practices ?

Answer

( 18 February 1 992 )

As it has stated on many occasions, the Council attaches
great importance to respect for human rights, both inside
and outside the Community .

The Council can assure the Honourable Member that it
has also taken note of the European Parliament 's
resolution of October 1989, but would point out,
however, that respect for human rights is essentially a
matter for individual Member States .

It is neither customary nor necessary for the Council to
comment on the facts recounted by the Honourable
Member .

30 . 3 . 92 Official Journal of the European Communities No C 78 / 27

WRITTEN QUESTION No 1928 / 91

by Mr Thomas Megahy ( S )
to the Commission of the European Communities

( 2 September 1 991 )

( 92 / C 78 / 53 )

Subject : Trans-European networks — Structural Funds

Will the Commission confirm that it is its intention to link
trans-European networks as outlined in the EPU drafts
and the Europe 2000 Consultation Document to regional
policy to ensure that there is no conflict with the
objectives of the Structural Funds ?

Answer given by Mr Millan
on behalf of the Commission

( 22 November 1 991 )

The Commission can confirm that it is its intention to

ensure that the development of trans-European networks
contributes to the objectives of Community regional
policy .

competence, with a view to initiating a broad debate in
which all those involved, including its partners at local

and regional level, can air their opinions on the full range
of measures to be taken .

WRITTEN QUESTION No 1959 / 91

by Mr Mark Killilea ( RDE )
to the Commission of the European Communities

( 15 September 1 991 )

( 92 / C 78 / 55 )

Subject : Export refunds on beef exports to Japan

With the Japanese beef import market forecast to become
the largest in the world within the next few years, and
with Denmark and Ireland being the only two EC
Member States whose disease-free status is high enough
for their beef to be accepted into Japan, can the
Commission explain why export refunds are not being
made available to promote such exports, especially in view
of the current situation, where we have huge surpluses of
beef in intervention stores, much of it Irish beef ? In 1990
exports of Irish beef to Japan were only 343 tonnes,
compared to 1 538 tonnes in 1989 .

WRITTEN QUESTION No 1929 / 91 Taking these factors into account, does the
not feel that it should review the situation at this time ?

Taking these factors into account, does the Commission

by Mr Thomas Megahy ( S )
to the Commission of the European Communities

( 2 September 1 991 )

( 92 / C 78 / 54 ) Answer given by Mr Mac Sharry

on behalf of the Commission

Subject : Consultation on reform of the Structural Funds

Will the Commission confirm that it will consult with all

members of the partnership which exists at European,
Member State and the regional level, on the reform of the
Structural Funds — in particular on the retention of
Community support frameworks, the mechanisms and
criteria for deciding eligible areas and eligible applications
as well as ensuring all partners respect and fully adopt the
principles of additionality and transparency ?

Answer given by Mr Christophersen

on behalf of the Commission

( 22 November 1 991 )

The Commission is already studying all possible ways of
improving the reform and enhancing the effectiveness of
structural assistance . It plans to set out its findings in a
mid-term review .

It intends to circulate this document as widely as possible
within the context of its own powers and spheres of

( 29 November 1 991 )

The Commission would refer the Honourable Member to

its answer to his Written Question No 1284 / 91 (*).

O OJ No C 66, 16.3 . 1992 .

WRITTEN QUESTION No 1961 / 91

by Mrs Raymonde Dury ( S )
to the Commission of the European Communities

( 15 September 1 991 )

( 92 / C 78 / 56 )

Subject : Driving schools

There are a great number of driving schools and they play

an important role in improving road safety . It is currently

No C 78 / 28 Official Journal of the European Communities 30 . 3 . 92

up to the Member States to lay down the rules governing
driving schools .

Are there plans to harmonize such rules at Community
level so as to ensure that the quality of service provided
and the level of training is the same throughout the
Member States ?

Answer given by Mr Van Miert

on behalf of the Commission

( 4 December 1 991 )

Council Directive 80 / 1263 / EEC of 4 December 1980 (')
on driving licences, which provides for the mutual
recognition by Member States of national licences,
contains provisions concerning the minimum
requirements for driving tests .

The new Directive 91 / 437 / EEC of 29 July 1991, due to
replace the 1980 Directive from 1 Juli 1996 ( 2 ), provides
for a greater degree of harmonization, in particular as
regards the knowledge, skill and behaviour connected
with driving for the purposes of training applicants for
driving licences ( Annex II to the Directive ).

This Community legislation does not deal with the
detailed arrangements governing training . This falls
within the competence of national authorities ; it is not
mandatory to attend a driving school to learn how to
drive .

However, it is clear that the provisions contained in this
Community legislation and in particular in Annex II to
the new Directive 91 / 439 / EEC ( 2 ) entail harmonization
of the level of training of applicants for driving licences,
which will in turn lead to harmonization of the tuition
provided by driving schools in order that they may
comply with the provisions on theoretical knowledge and

tests .

O OJ No L 375, 31 . 12 . 1980 .
O OJNoL237, 24 . 8 . 1991 .

WRITTEN QUESTION No 1981 / 91

by Mrs Ria Oomen-Ruijten ( PPE )
to the Commission of the European Communities

( 15 September 1 991 )

( 92 / C 78 / 57 )

2 . Is it not high time that the Commission initiated
proceedings in the Court of Justice pursuant to
Article 169 of the EEC Treaty against the Member States
which have failed to comply with their obligations ?

It should be noted that a second Council Directive was
adopted on 22 February 1990 amending the Directive of
22 December 1986 and requiring the Member States to
introduce measures implementing the second Directive by
31 December 1992 .

O OJ No L 42, 12.2 . 1987, p. 48 .

Answer given by Mr Van Miert

on behalf of the Commission

( 5 November 1 991 )

Directive 87 / 102 / EEC on the approximation of the laws,
regulations and administrative provisions of the Member
States concerning consumer credit was adopted by the
Council on 22 December 1986 .

Under Article 16 of the Directive,' Member States had
until 1 January 1990 at the latest to comply with its
provisions .

As by that date several Member States had not taken the
necessary measures, the Commission initiated
proceedings in accordance with Article 169 of the Treaty .

Proceedings are still in progress concerning seven
Member States : Belgium, Greece, Ireland, Italy,
Luxembourg, the Netherlands and Spain .

The deadline for incorporation into national law of

Directive 90 / 88 / EEC of 22 February 1990 (') is 31
December 1992 . At present, only Denmark has notified
the Commission of the measures taken to comply with it .

The Commission will of course continue to keep a very
watchful eye on compliance with Community legislation,
particularly when it comes to monitoring the transparency
of transactions involving consumers .

O OJ No L 61, 10.3 . 1990 .

WRITTEN QUESTION No 1992 / 91

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

( 15 September 1 991 )

Subject : Implementation of the Directive on consumer

credit ( 92 / C 78 / 58 )

credit

1 . Is the Commission aware that a number of Member
States have failed to comply with their obligation to
transpose into their national legislation by 1 January 1990
the Council Directive of 22 December 1986 on the
approximation of the laws, regulations and administrative
provisions of the Member States concerning consumer
credit ( 87 / 102 / EEC ) (')?

Subject : Controls at internal and external frontiers

1 . What does the Council have to report on the
question of controls and crossings at internal or external
frontiers during the recent holiday season ?

2 . What are the figures for the numbers of tourists ?

30 . 3 . 92 Official Journal of the European Communities No C 78 / 29

3 . What complaints and criticisms have the Council
and the Member States received ?

4 . What conclusions does the Council draw from the

above ?

action group, which EC Member States have decided to
amend their national legislations ( as has Belgium, for
example, with the law of 17 July 1990 extending the
notion of receiving stolen goods, and Luxembourg with
the law of 7 July 1989 )? How close does such amended
legislation come to the three instruments mentioned
above ?

Answer o OJ No L 166,28.6 . 1991, p. 77 .

(4 March 1992 )

The Council has already replied to a substantially
identical question put by the Honourable Member (')
during Question Time on 11 September 1991 .

(') Question H-828 / 91 .

WRITTEN QUESTION No 1994 / 91

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

( 15 September 1 991 )

( 92 / C 78 / 59 )

Subject : The campaign against the laundering of the

proceeds of crime, in particular drug trafficking

1 . Have all the Community Membfer States ratified the
United Nations Convention against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances, adopted on

19 December 1988 in Vienna ? Which countries have failed
to do so and what reasons do they give ?

2 . Has the Council of Europe Convention on
' laundering, tracing, seizure and confiscation of proceeds
of crime ', opened for signature in November 1990, been
signed and / or ratified by each of the Twelve ? Which
countries have not done so and what reasons do they give ?
Could such failure be because the Council of Europe
advocates fairly sweeping penalties extending beyond
banks and credit institutions ? How many countries need
to ratify the Convention before it can enter into force ?

3 . Council Directive 91 / 308 / EEC (') on prevention of
the use of the financial system for the purpose of money
laundering contains a statement by the representatives of
the Governments of the Member States meeting within
the Council in which they ' undertake to take all necessary
steps by 31 December 1992 at the latest to enact criminal
legislation enabling them to comply with their obligations
under the aforementioned instruments '. Will these
measures, which are to be communicated to Parliament
' en bloc ', be determined by an arbitrary choice made
disparately by individual governments from the array of
instruments quoted above ?

4 . With reference in particular to the technical
estimates on laundering complied by the G 7 financial

Answer

( 18 February 1992 )

1 . On 1 September 1991 five Member States had
ratified the Vienna Convention . The Community has also
ratified it as far as matters coming within Community
jurisdiction are concerned .

The other Member States are continuing their efforts with

a view to ratifying the Convention before 1 January 1992 .

2 . Nine Member States of the European Communities
have signed the Council of Europe Convention on
laundering, tracing, seizure and confiscation of proceeds
of crime .

The Council does not have any information on the
reasons why the other Member States have not yet signed
this Convention .

3 . Article 14 of Directive 91 / 308 / EEC provides that it
is the responsibility of each Member State to determine
the penalties to be applied for infringement of the
measures adopted in implementation of the said Directive .

4 . The Council does not have the information
requested by the Honourable Member .

WRITTEN QUESTION No 1998 / 91

by Mr Thomas Megahy ( S )
to the Commission of the European Communities

( 15 September 1 991 )

( 92 / C 78 / 60 )

Subject : Unsolicited invoices and order forms for
business directories received from abroad

There have been many complaints from United Kingdom
companies who have been sent unsolicited invoices and
order forms for business directory entries . This includes
faxes, telexes and trade marks directories . The unsolicited
invoices tend to be sent out during holiday periods when
it is assumed that the business recipients are busy and
short of staff and there is an increased likelihood of their

No C 78 / 30 Official Journal of the European Communities 30 . 3 . 92

paying up without query . The majority of invoices
originate from Switzerland, Liechtenstein and Germany .
Current legislative controls to prevent and indeed stop
this trading practice are clearly inadequate . Has the
Commission any proposals to deal with this problem ?

Answer given by Mr Van Miert

on behalf of the Commission

( 6 November 1 991 )

The type of commercial practice to which the Honourable

Member has drawn the attention of the Commission is

not an isolated instance (').

In the view of the Commission, most of these cases are
already covered by the Misleading Advertising Directive
84 / 450 / EEC ( 2 ), which covers any representation to
promote the supply of services which is likely to deceive
the person to whom it is addressed .

In some cases, the demand for payment has not been
preceded by any representation . Indeed, it is even unclear
whether the charge relates to a genuine directory or a
genuine entry in it . This type of case may be covered
under various provisions of national law, especially the
criminal law capable of ensuring appropriate action .

However the cross border nature of these incidents could
be a factor in inhibiting successful recourse against the
responsible parties .

While the Commission has engaged studies in order to
examine the desirability and feasibility of specific
Legislation at Community level, the proper authorities in
the Member States could make it their business to inform
firms, especially small and medium-size entreprises, about
the risks of an unexpected demand for payment by
publishers of telex or telefax directories .

(') See for example Written Questions Nos 45 / 87, 412 / 89,

431 / 89, 444 / 89 and 638 / 89, and the reply given by the
Commission to these questions .
O OJ No L 250, 19.9 . 1984, p. 17 .

WRITTEN QUESTION No 2006 / 91

by Mr Proinsias De Rossa ( CG )
to the Commission of the European Communities

( 23 September 1 991 )

( 92 / C 78 / 61 )

underground dumping site for low and intermediate level
nuclear waste and the concern that this decision has
engendered on both sides of the Irish Sea, particularly
since a study commissioned by Greenpeace expresses the
view that insufficient information was available to
interpret seismic data in an area of extremely complex
structure and geology .

Does the Commission not consider it reasonable that
people in Ireland should suspect that this selection was
made on political rather than scientific grounds and that
they should be gravely concerned that this will lead to
further pollution of the Irish Sea which is already the
most radioactive sea in the world .

In view of this and in light of the continuing moves
towards European integration does the Commission not
think it unreasonable that one Member State should be
permitted to site a nuclear waste dump, or indeed any
nuclear installation on the border of another Member
State, without their agreement, and will they now
consider bringing forward proposals to having this
situation rectified .

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 15 November 1 991 )

According to the information available to the
Commission no decision has been taken to authorize an
underground nuclear waste repository at Sellafield . A
decision has been taken to initiate the procedures
necessary to obtain authorization and the United
Kingdom Government has already stated that the formal
application for planning permission ( anticipated for late

1992 ) will be followed by a public enquiry .

Moreover, Annex I of the Council Directive
85 / 337 / EEC (') on the assessment of the effects of
certain public and private projects on the environment
specifically refers to ' installations designed for the
permanent storage or final disposal of radioactive waste '
and the measures called for in that Directive prior to any
development consent being granted therefore apply .

Finally, the conditions set out in Article 37 of the
Euratom Treaty will require to be met prior to
authorization by the UK competent authorities concerned
with the discharge of radioactive effluents, if and when
the repository is constructed .

The above procedures will serve to ensure that any
potential radioactive contamination of the Irish Sea which
might result from the proposed repository will be fully
examined and the outcome of this examination will be

publicly available .

Subject : Nuclear waste dumping at Sellafield
0 ) OJ No L 175,5.7 . 1985 .

Is the Commission aware of the decision by the relevant
United Kingdom authorities to authorize Sellafield as an

30 . 3 . 92 Official Journal of the European Communities No C 78 / 31

WRITTEN QUESTION No 2013 / 91

by Mr Victor Manuel Arbeloa Muru ( S )
to the Commission of the European Communities

( 23 September 1 991 )

( 92 / C 78 / 62 )

Subject : Convention on the environment and war

What does the Commission intend to do to promote the
idea of a Convention on protection of the environment in
war situations, which was considered at the meeting jn

London at the beginning of June, officially attended by
the Commission ?

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 18 November 1 991 )

Commissioner Ripa di Meana took part, as an invited
guest, in the ' Conference for a Fifth Qeneva Convention '
held in London in June 1991 . In his speech he made some
specific proposals on how to ensure the protection of the
environment in all future war situations .

The Commission has not yet decided what initiatives

might be undertaken by the Community and its Member
States to extend and / or reinforce . the existing
international legal regime concerning environmental
damage in case of war because this question is currently
being examined within the framework of Unced
preparations and in other relevant international fora .

The European Parliament will be kept informed of any

new developments or initiatives in this area .

WRITTEN QUESTION No 2052 / 91

by Mrs Jessica Larive ( LDR )

to the Council of the European Communities

( 26 September 1 991 )

is likely to result in an increase in the number of organs
available for transplants, is used as a model for a
European regulation in this matter ?

Answer

( 18 February 1991 )

The Council has not hitherto received any proposals on
organ donation in the Community .

WRITTEN QUESTION No 2056 / 91

by Mr Lyndon Harrison ( S )
to the Commission of the European Communities

( 26 September 1991 )

( 92 / C 78 / 64 )

Subject : European Community chess tournament

Is the Commission prepared to promote the game of chess
amongst the many millions of young people in the
Community who play and love the game ?

Is it prepared to sponsor chess tournaments between
Member States, especially those which are aimed at our
younger people ?

Is the Commission also prepared to support the fixing of
an exhibition by the World Chess Champion, Gary
Kasparov, of an exhibition of chess skills by the Polgar
sisters, of Hungary, as a method of encouraging the
growth of the game as well as recognizing its strength as a
game throughout the European Community and, indeed,
throughout Central and eastern Europe ?

WRITTEN QUESTION No 2057 / 91

by Mr Lyndon Harrison ( S )
to the Commission of the European Communities

( 26 September 1 991 )

( 92 / C 78 / 63 ) ( 92 / C 78 / 65 )

Subject : Organ doning

Is the Council aware of the Netherlands cabinet proposal
to ask the whole population over the age of 18 whether
they are prepared to offer their organs for transplants on
their death ?

Given the acute shortage of transplant organs in some
Member States, will the Council take measures before
January 1992 to see that the Netherlands proposal, which

Subject : Chess

Is the Commission satisfied that, within the current
budget, the European Community is doing enough to aid
and support the spread of chess throughout the European
033005Community ?

Given the unique attributes of the game of chess — its
artistic, scientific, cultural and sporting elements — is the
Commission prepared to do more to promote its growth,

No C 78 / 32 Official Journal of the European Communities 30 . 3 . 92

especially given the fact that it is one of the most widely
popular games throughout the European Community ?

WRITTEN QUESTION No 2105 / 91

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

( 26 September 1 991 )

Joint answer to Written Questions Nos 2056 / 91 and ( 92 / C 78 / 67 )

2057 / 91
given by Mr Dondelinger
on behalf of the Commission

( 26 November 1 991 )

In matters relating to sport and leisure pastimes, as in
other sectors of Community activity, the Commission 's
activities are guided by the principle of subsidiarity .

In this case, the organisation and financing of chess
tournaments and the promotion of the game of chess is
the responsibility of the various national and international
bodies which already exist to govern and regulate the

game .

WRITTEN QUESTION No 2082 / 91

by Mr Lyndon Harrison ( S )
to the Commission of the European Communities

( 26 September 1 991 )

( 92 / C 78 / 66 )

Subject : Public funding accounting ( United Kingdom )

Will the Commission comment on the recent report, from
the UK Auditor General, that some £ 200 million
intended for use in training programmes for the
unemployed cannot be accounted for, or has been
wrongly allocated by the Department of Employment ?
Can the Commission assure Parliament that this does not
include monies from European Community Structural
Funds ? If not, will the Commission say what action it
intends to take ?

Answer given by Mrs Papandreou

on behalf of the Commission

( 4 November 1 991 )

The Commission thanks the Honourable Member for
drawing its attention to the UK Auditor General 's report .

The Commission was not aware of the report, and is now

having discussions with the United Kingdom authorities
on its implications, if any, for the structural Funds .

Subject : Anomalies in the status of the ' autonomous

self-governing territory ' of Mount Athos as
recognized by Greece and the European
Community

The Treaty signed when Greece joined the European

Community in January 1981 provides for continued
observance of the status granted by the ' charta ' of 1924
and subsequent measures to the approximately 1 500
people living on the peninsula and practising very strict
orthodoxy . The peninsula, which is 10 km wide and
extends for 60 km into the Aegean Sea is subject to a
regime of archaic prohibitions imposed by the
contemplative ' Holy Community ' (' female ' animals,
particularly goats, and humans, are banned ) and yet
benefits substantially from tax privileges such as a 75%
tax reduction on fuel or cars .

In view of the significant progress which Greek women
have made in the last decade towards a position of respect
and equality, and in view of the strangeness of the tax and
customs regime enjoyed by the trade on the peninsula,
does the Council not think it would now be appropriate to
ask the Greek Government whether it would be possible
to renegotiate the status of Mount Athos, with a view to
deleting the two clauses mentioned above ?

Answer

( 18 February 1992 )

The ban on the presence of women and even female

animals results from religious prohibitions which have
been applied for centuries by the religious authorities of
Mount Athos and fall within their sphere of competence
pursuant to the status granted to them by Greece 's
acceptance of the 1924 Charter and subsequent
provisions .

The Treaty concerning the accession of Greece to the

Community provides for the latter 's observance of that
status, as the Honourable Member quite rightly points

out .

Moreover, on customs and tax matters, Community law
takes account of the joint declaration annexed to the
Treaty concerning the accession of Greece to the
Community as regards the arrangements applicable to
Mount Athos (').

30 . 3 . 92 Official Journal of the European Communities No C 78 / 33

Finally, the Honourable Member is no doubt aware that
any initiative to change existing Community rules must
come from the European Commission .

(') See in particular Article 135 of Council Regulation ( EEC )

No 918 / 83, OJ No L 105,23.4 . 1983 .

WRITTEN QUESTION No 2107 / 91

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

( 26 September 1 991 )

( 92 / C 78 / 68 )

Subject : Fraud, and its effect on the Community 's budget

The Commission report on the action taken in response to
the comments made in the parliamentary resolution
accompanying the decision giving discharge for the 1988
financial year ( SEC(91 ) 512 Annex ) is being considered
by Parliament on the basis of a report drawn up by Mr
John Iversen ( PE 151.094 / fin . of 18 July 1991 ), who

singles out for particular attention the agricultural sector,
structural policies and development aid .

The European public, during the run-up to 1992, is
interested in such documents, and is increasingly
concerned that Community funds should be used
properly . Sober estimates of fraud ( l ) within the
Community ( misappropriations of subventions, etc .) put
the loss at 1 0 % of the Community budget, or ECU 4 000
million in 1989, which is the enormous sum of FB 168 000
million, while Luxembourg 's budget for 1989 was in the
region of FB 90 000 million for both income and
expenditure !

What is the Commission 's view of these estimates ?

To give a concrete example which is not a joke, I refer to

subsidies (' refunds ') for exports of agricultural products
to the Vatican City, which is in every respect a thifd

country .

What were the figures of

( a ) exports of agricultural products to that country and

( b ) subsidies paid in this connection in 1988 and, if

possible, 1989 ?

(') For example in ' Euroscopie ' by Gerard Mermet, recently

published by Larousse .

Answer given by Mr Delors
on behalf of the Commission

( 10 December 1 991 )

The Commission is at pains to ensure that Community
funds are properly used . Indeed, its reports to Parliament

on progress in 1989 and 1990 in combating fraud against
the Community budget underline this fact and review past
achievements and prospects for future action in this area
by the Commission and the Member States .

As to the scale of fraud, the Commission continues to take
the view (') that, as in the area of tax evasion at national
level, it is difficult to find a reliable method of calculation
that can be used to gauge the level of fraud against the
Community budget in percentage terms with any degree
of accuracy . The Commission is endeavouring
nonetheless to reduce the risk of fraud and has already
secured tangible results thanks to the policy pursued and
effective cooperation by the Member States .

With reference to the example quoted by the Honourable

Member, the Commission would point out that Vatican
City is regarded as a third country and that agricultural
products exported to that destination therefore qualify
for refunds . Indeed, the customs convention between
Italy and Vatican City O and the provisions adopted for
its implementation stipulate that Community agricultural
products exported to Vatican City, and to institutions and
offices of the Holy See outside that State Vatican City if
they are intended for consumption at those institutions
and offices, qualify for the refunds under Community
rules on exports of agricultural products to third
countries . A form issued by the Governatorato dello Stato
della Citta del Vaticano is used to certify that the products
in question are intended for consumption .

The figures for exports of agricultural products to
Vatican City for 1988, 1989 and 1990 will be sent direct to
the Honourable Member and to Parliament 's Secretariat .

(*) Answers to Written Questions Nos 1528 / 87 from Mr

Vandemeulebroucke ( OJNo C 195, 25 . 7 . 1988 ) and 2116 / 87
from Sir James Scott-Hopkins ( OJ No C 244, 19 . 9 . 1988 ).
( 2 ) Convention signed on 30 June 1930 in implementation of the

terms of the Lateran Treaty of 1 1 February 1929 .

WRITTEN QUESTION No 21 1 1 / 91

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

( 26 September 1 991 )

( 92 / C 78 / 69 )

Subject : Problems arising when Community territory

does not correspond to the geographical area of
the Member States

Gibraltar, a Community territory under British
sovereignty, is not part of the European customs area, but

No C 78 / 34 Official Journal of the European Communities 30 . 3, 92

Monaco is, although it is not in the EC . San Marino has
been part of Italy since 1939, and is therefore part of the
Community . But although in 1989 Andorra concluded an
agreement for a customs union with the EC, allowing the
free movement of manufacture goods, agricultural
products are subject to special agreements — what are
these agreements ? Liechtenstein is in a customs union
with the EC, via EFTA, but the Vatican is in every respect
a third country .

Similar confusion arises from the exclusion of the French
overseas territories and the Adelie Coast, the Dutch
possessions in the West Indies, Macao and Portuguese
Timor, British possessions and Hong Kong, as well as
Gibraltar . But other overseas territories have privileged
trading relations with the EC, although their
constitutions are very diverse : Mayotte is a ' collectivite
territoriale ', Jersey and Guernsey are feudal bailiwicks,
the Isle of Man is a territorial dependency, Bornholm
belongs to the State of Denmark ( and therefore to the
EC ), but Greenland and the Faroe Islands belong to the
Kingdom of Denmark, etc .

While it is true that uniformity is boring and would also
defy some very ancient and honourable traditions, I
should like to know the Council 's opinion on the
problems raised by this mosaic for the single market of

1992 / 93 and for the harmonization of customs and tax
regulations which will be required of everyone ( for
example, will Jersey be able to keep its 20 % ceiling on
direct taxation ?).

Answer

( 18 February 1992 )

The customs territory of the Community is defined by
Council Regulation No 2151 / 84 (') and any country or
territory not included in the definition laid down in
Article 1 is considered as a third country for customs
purposes, subject to the other provisions of that
Regulation .

Council Regulation No 918 / 83 ( 2 ) sets up a Community
system of reliefs from customs duty applicable to products
originating in third countries .

The Council has received proposals from the Commission
to amend the above rules, in particular in the context of
drawing up the Community Customs Code . Those
proposals are being examined by the Council .

With regard to a possible alignment of the rules applicable
to the countries and territories referred to by the
Honourable Member, it is for the Commission to submit

to the Council any proposals which it considers
appropriate .

O OJNoL 197,27.7 . 1984, p . 1 .
O OJNoL 105,23.4 . 1983, p . 1 .

WRITTEN QUESTION No 2112 / 91

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

( 26 September 1 991 )

( 92 / C 78 / 70 )

Subject : Pensioners ' Concession Card

Retired people in the United Kingdom who have written
to implementation the UK Department of the Pensioners of Social ' Concession Security Card about are
receiving replies saying that the Government will respond
' in due course '. In the light of the fact that the
Commission 's recommendation was that this card should
have been implemented by 1 January 1991, would the
Commission outline which Member States have started
implementing the scheme, and what actions the
Commission will take to ensure that the UK and those
other Member States which have not yet responded to the
Commission do so as a matter of urgency ?

Answer given by Mrs Papandreou

on behalf of the Commission

(4 November 1 991 )

The creation of a European Over-Sixties ' Card was the
subject of a Commission recommendation issued on 10
May 1989, with the objective of making more visible the
advantages to which older European citizens are entitled
by virtue of their age, especially when travelling outside
their own countries .

Throughout 1990 the Commission requested, formally

and informally, the Member States to report on progress
toward implementation of the recommendation . These
reports, when delivered, served to show that little
progress was made . The implementation date of 1 January

1991 passed without any Member State having put the
recommendation into effect . Most recently the positions
of Member States were clarified in, an informal exchange
of views on the subject in the context of a meeting of a
Advisory Committee on the Elderly in June 1991 .

The Commission regrets the failure of Member States to
implement the recommendation .

No C 78 / 35
30 . 3 . 92 Official Journal of the European Communities

WRITTEN QUESTION No 2122 / 91 9 October 1991, during which it commented on all the

recommendations . The Commission would also point out

by Mr Proinsias De Rossa ( CG )

that as promised, following an invitation to tender, work
to the Commission of the European Communities has begun on a survey of the legal machinery available in

( 26 September 1 991 ) the Member States for combating racism and xenophobia .

WRITTEN QUESTION No 2122 / 91

by Mr Proinsias De Rossa ( CG )

( 26 September 1 991 )

( 92 / C 78 / 71 )

Subject : Disposal of aircraft waste food

What regulations are currently in force in the Member

States with regard to the disposal of waste food from
aircraft and does the Commission have any proposals in
mind with a view to standardizing such arrangements ?

Answer given by Mr Van Miert

on behalf of the Commission

C 9 December 1 991 )

According to the Commission 's information, waste from

aircraft is treated in different ways in the Member States .
In some of them the same food-hygiene regulations apply
as to restaurants generally . In others the local authorities '
food hygiene regulations apply .

The Commission has in mind no specific action to deal
with food waste from aircraft, but rather Community

action on municipal waste, of which waste from aircraft
generally forms part .

WRITTEN QUESTION No 2128 / 91

by Mr Proinsias De Rossa ( CG )
to the Commission of the European Communities

( 26 September 1 991 )

( 92 / C 78 / 72 )

Subject : Racism and Xenophobia

Has the Commission yet formulated a response to the
report of the Ford Enquiry into Racism and Xenophobia
and in particular to those recommendations which were
addressed to itself ?

WRITTEN QUESTION No 2129 / 91

by Mr Proinsias De Rossa ( CG )
to the Council of the European Communities

( 26 September 1 991 )

( 92 / C 78 / 73 )

Subject : Racism and Xenophobia

Has the Council yet formulated a response to the report
of the Ford Enquiry into Racism and Xenophobia and in
particular to those recommendations which were
addressed to itself ?

Answer

(4 March 1992 )

In its resolution B3-1721 / 90 of 10 October 1990, the
European Parliament called on the Council to study in
detail the recommendations addressed to it by the
Committee of Enquiry into Racism and Xenophobia .

The Council examined these recommendations and,
replied at length to the questions put by the Honourable
Member during the debate on racism and xenophobia at
the plenary session on 9 October 1991 .

WRITTEN QUESTION No 2134 / 91

by Mr Jean-Pierre Raffarin ( LDR )
to the Commission of the European Communities

( 26 September 1 991 )

( 92 / C 78 / 74 )
Answer given by Mrs Papandreou

on behalf of the Commission

( 21 November 1991 )

The Commission would refer the Honourable Member to

Parliament 's proceedings of 9 and 10 October 1990 and

Subject : Social marginalization

Unfortunately, social marginalization exists in the
Community today, but it would be wrong to see poverty

No C 78 / 36 Official Journal of the European Communities 30 . 3 . 92

as inevitable, an acceptable state of affairs or even the
result of a deliberate policy .

In order to reassure the poorer sections of the population
that progress towards an economically strong Europe will
not worsen their plight, does the Commission not
consider that a committee on poverty should be set up
which would be required to issue an opinion on the
possible social consequences for the poorest sectors of the
population of each proposal for an EEC Directive before
it is drawn up ?

Answer given by Mrs Papandreou

on behalf of the Commission

( 5 November 1 991 )

The Commission attaches major importance to the
campaign against social marginalization and endeavours
to contribute actively to it within the limits of its
responsibilities and resources . In line with the principle of
subsidiarity, the Commission 's actions in this field are
designed essentially to supplement and stimulate the
initiatives and policies pursued in the Member States and
to ensure the overall consistency of Community assistance
measures with an impact upon poverty situations .

Over the last few years the Commission has stepped up its
endeavours in this field . On 7 May 1991 it adopted a
proposal for a Council recommendation on common
criteria concerning sufficient resources and social
assistance in the social protection systems ('), which is
currently being scrutinized by Parliament, the Council
and the Economic and Social Committee . Its adoption
and implementation of its provisions should help to
guarantee the most disadvantaged members of our society
adequate, stable and foreseeable resources, and promote
comprehensive and consistent policies for the fight
against social marginalization .

The Commission likewise supported the setting up of a

European liaison committee of non-governmental
organizations involved in the fight against poverty . This
committee will be able to express the view-point of these
organizations and, through them, that of the poor on the
Community initiatives likely to have an impact in this
area . The Committee, which is independent, is developing
a regular dialogue with the Commission in a spirit of
active partnership .

Lastly, the Commission has set up its own
interdepartmental working party to ensure that the
interests of the disadvantaged are safeguarded in all
Community policies and to promote the cooperation

between departments which is essential if consistent
policies are to be pursued .

O COM(91 ) 161 final .

WRITTEN QUESTION No 2138 / 91

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

( 26 September 1 991 )

( 92 / C 78 / 75 )

Subject : Transparency in the allocation of financial aid

under the Envireg programmes

The European Community is taking steps to protect and
improve the environment and the quality of life in general .
Under the Envireg programmes very substantial financial
aid is being granted to the municipalities and communes
of Mediterranean countries, and notably Greece, for
specific projects ( cleaning up the coastline, the biological
purification of harbours etc .) and improving the regions
concerned . Local government bodies in Greece have
accused the Ministry of the Interior of allocating these
funds to municipalities and communes without any
transparency and according to purely party criteria so that
projects provided for under the Envireg programme are
not being undertaken .

Will the Commission say :

1 . what measures it has taken to make the allocation of

Envireg programme resources more transparent ?

2 . whether it is prepared to present a plenary sitting of

Parliament with a list containing the names of all the
municipalities and communes which have so far
received Envireg programme funds through the
Ministry of the Interior ?

Answer given by Mr Millan
on behalf of the Commission

( 21 November 1991 )

The operational programme implementing Envireg in
Greece was adopted by the Commission on 26 September

1991 .

The selection of the individual projects to be financed by
the structural funds under Envireg is yet to be carried out
by the Greek authorities . This selection will be done
under the supervision of the Envireg Monitoring
Committee, within the individual measures and in
accordance with the criteria stipulated in the programme
and in conformity with the provisions of the relevant
Community legislation .

30 . 3 . 92 Official Journal of the European Communities No C 78 / 37

The Commission considers that it is a matter for the
Greek authorities to publish information on projects
selected by them under programmes such as Envireg . It is
of course desirable that this be done at regular intervals
and the Commission services will so advise the Greek

authorities at the first meeting of the Monitoring
Committee for Envireg, due before the end of the year .

WRITTEN QUESTION No 2143 / 91

by Mr Michael Hindley ( S )
to the Commission of the European Communities

( 26 September 1991 )

( 92 / C 78 / 76 )

Subject : Exports of knitted garments from Hong Kong

The Hong Kong Trade Description ( Amendment ) Act
establishes separate criteria for knitted garments exported
to the USA and the EC . Items to the USA can be labelled
with a Hong Kong certificate of origin although the

linking process may be done outside Hong Kong . What
steps has the Commission taken to ensure that such
products, although not allowed under EC rules, do not
enter the EC, or are diverted to the EC, intentionally or
otherwise ?

Answer given by Mr Andriessen

on behalf of the Commission

( 21 November 1991 )

In conformity with the provisions of the EC-Hong Kong
bilateral agreement on trade in textile products, textile
products considered as originating in Hong Kong must
fulfil the origin criteria in force in the Community
( Council Regulation No 1364 / 91 of 24 May 1991
determining the origin of textiles and textile articles
falling within Section XI of the combined
nomenclature ) (').

According to EC rules, all imports into the EC of
products under restriction originating in Hong Kong
must be accompanied by both a certificate of Hong Kong
origin and an export licence . In the absence of certificates
in conformity with those provided for in the EC-Hong
Kong agreement, products will not be accepted for entry
into the Community .

(') OJ No L 130,25 . 5 . 1991 .

WRITTEN QUESTION No 2145 / 91

by Mr Ernest Glinne ( S )

to the Commission of the European Communities

( 26 September 1 991 )

( 92 / C 78 / 77 )

Subject : The smashing of the Topkapi network and

action taken against suppliers of illegal Turkish
labour

After two years of investigations an illegal immigration
network responsible for thousands of Turkish workers
entering France was smashed several weeks ago by the
French and Italian police . ' Le Monde ' ( 11 / 12 August

1991 ) estimated that the organizers made FF 400 million
from this trafficking in humans in 1989 and 1990, and that
the network involved local gangs of criminals and the
public service .

1 . How many of the organizers of the Topkapi network

for whom warrants have been issued internationally
since 1989 have been arrested so far ?

2 . Have the sentences been sufficiently severe, and have

they been coordinated at Community level in line with
the Trevi group 's recommendations ?

3 . Are the Vienna and Schengen agreements, which

commit the signatories to introducing legislation
permitting controlled monitored ' deliveries ', the start
of a campaign to combat the trade in workers on the
lines of the arrangements concerning drugs ?

4 . How many traffickers in humans have been sentenced

in the Community since 1989 ?

5 . What happens to the workers involved ( both
voluntary participants and those duped into taking
part ) ?

Answer given by Mr Bangemann

on behalf of the Commission

( 12 December 1 991 )

1, 4 and 5 . The Commission does not have the
information requested by the Honourable Member .

2 and 3 . Under the Convention implementing the
Schengen Agreement, the Member States concerned
undertake to impose appropriate penalties on anyone
who, for pecuniary gain, helps or attempts to help aliens
to enter or reside in the territory of a contracting party in
breach of the laws of that contracting party on the entry
and residence of aliens . The Convention has not yet
entered into force .

No C 78 / 38 Official Journal of the European Communities 30 . 3 . 92

The Trevi Group also deals with this matter . The WRITTEN QUESTION No 2148 / 91
Commission is not authorized to take part in the work of jjy j ^ r £ rneS ( QHnne ( S )
the competent working group .
to the Council of the European Communities

(4 October 1991 )

( 92 / C 78 / 79 )

WRITTEN QUESTION No 2146 / 91

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

( 26 September 1 991 )

( 92 / C 78 / 78 )

Subject : The smashing of the Topkapi network and

action taken against suppliers of illegal Turkish
labour

After two years of investigations an illegal immigration
network responsible for thousands of Turkish workers
entering France was smashed several weeks ago by the
French and Italian police . ' Le Monde ' ( 11 / 12 August

1991 ) estimated that the organizers made FF 400 million
from this trafficking in humans in 1989 and 1990, and that
the network involved local gangs of criminals and the
public service .

1 . How many of the organizers of the Topkapi network

for whom warrants have been issued internationally
since 1989 have been arrested so far ?

2 . Have the sentences been sufficiently severe, and have

they been coordinated at Community level in line with
the Trevi group 's recommendations ?

3 . Are the Vienna and Schengen agreements, which

commit the signatories to introducing legislation
permitting controlled monitored ' deliveries ', the start
of a campaign to combat the trade in workers on the
lines of the arrangements concerning drugs ?

4 . How many traffickers in humans have been sentenced

in the Community since 1989 ?

5 . What happens to the workers involved ( both
voluntary participants and those duped into taking
part )?

Answer

( 18 February 1992 )

1, 3, 4 and 5 . The Council does not have the
information requested by the Honourable Member .

2 . Member States are responsible for deciding on
criminal sanctions against organizers of illegal
immigration networks . There are no recommendations
for the harmonization of such sanctions .

Subject : Corruption in the Dominican Republic

Following the sentencing of Jorge Blanco, a former
President of the Dominican Republic, to 20 years
imprisonment for corruption, it appears that under
various governments there has been blatant
misappropriation of national budget resources and
development aid, not only by the head of state but also by
the central bank and ' at every level of the civil service ' (' Le
Monde ', 11 / 12 August 1991 ) and corruption has involved
drug trafficking on a grand scale, even at regional level .

What is the Council 's attitude towards the utilization of
European aid, in particular following the accession of the
Dominican Republic to Lome IV ?

Answer

( 18 February 1992 )

The Council has not been apprised of any difficulties
concerning the channelling of financial assistance granted
by the Community to the Dominican Republic prior to its
accession to the Lome Convention . The Dominican
Republic is henceforward eligible for all forms of aid
available under the ACP-EEC Convention .

The Council is naturally very concerned that Community
aid should reach those for whom it is intended . It is
essentially for the Commission, which is responsible for
managing the aid, to ensure that Community financing is
correctly utilized, and to obtain guarantees accordingly .

WRITTEN QUESTION No 2155 / 91

by Mrs Carmen Diez de Rivera Icaza ( S )
to the Commission of the European Communities

( 4 October 1 991 )

( 92 / C 78 / 80 )

Subject : Raw sewage discharged by yachts and pleasure

boats

Is the Commission aware that yachts and pleasure boats
discharge raw sewage directly into bathing waters and

30 . 3 . 92 Official Journal of the European Communities

that the resulting pollution is visible in the coves of — Le Tourisme Nautique en Méditerranée : Les Pays de la
various islands in the Community ? CEE ( 1987 ).

What measures does it intend to take in response to the

constant increase in such boats in the peak holiday season,
particularly in the Mediterranean islands, and the risk to
bather 's health posed by such discharges ?

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 12 November 1 991 )

In accordance with Article 13 of Directive 76 / 160 / EEC,
the Commission receives annual reports from the Member
States on the quality of bathing water, including the
results of analysis and / or inspection ^ of the relevant
physical, chemical and microbiological parameters (*).

More specifically, findings relating to total and faecal
coliforms are likely to indicate the presence of faecal
'
pollution . Risks to bathers health are thus covered by the
Directive and bathing waters are monitored in this light .

Moreover, Article 6 ( 4 ) provides for increased
surveillance if there is a probability of discharges likely to
lower quality of the water .

Within the framework of Directive 76 / 160 / EEC and in

accordance with Article 4(1 ), national authorities must
take all necessary measures to ensure that bathing waters
are of the required quality .

(') OJNoL 31,5.2 . 1976 .

This study highlights the role of the boating sector in
tourism on the Community 's southern coast . It
analyses the different types of leisure vessels,
examines the state of development of nautical tourism
in each country ( including also Corsica, Yugoslavia,
Turkey ), the rules and regulations in force and
perspectives for development based on the various
models . The study concludes with a number of
observations and recommendations .

A complementary study to the above was carried - out in

1989 :

— Nautical Tourism on the Atlantic Coasts of the

European Community ( 1989 ).

This study includes an inventory of existing
installations and an evaluation of future requirements,
and gives recommendations regarding national and
Community actions with regard to the development of
nautical tourism on the Atlantic coasts of the

Community .

The Commission 's Tourism Unit does not plan to carry

out any further studies on this topic at present .

Copies of both existing studies are being sent directly to
the Honourable Member and to European Parliament 's
Secretariat .

WRITTEN QUESTION No 2206 / 91

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

WRITTEN QUESTION No 2157 / 91 to the Commission of the
by Mrs Carmen Diez De Rivera Icaza ( S ) (4 October 1991 )
to the Commission of the European Communities ( 92 / C 78 / 82 )

( 92 / C 78 / 82 )

( 4 October 1 991 )

( 92 / C 78 / 81 )

Subject : Boat tourism in the Mediterranean

Has the Commission studied boat tourism in the
Mediterranean, or does it intend to do so ? If such a study
has already been made, what were the results ?

Answer given by Mr Cardoso e Cunha

on behalf of the Commission

(3 December 1 991 )

The Commission has to date carried out two studies on

nautical tourism in the European Community . These are :

Subject : Controls on the quality of spring water

Controls on spring water do not fall within the terms of
reference of Directive 75 / 440 / EEC (') and 79 / 869 /
EEC O on tap water and surface water intended for the
abstraction of drinking water . In Belgium the Royal
Decree of 11 October 1985 ( Moniteur Beige of 26
November 1985 ) defines spring water as underground
water which is naturally filtered, thereby avoiding the risk
of contamination . Spring water ' is characterized by its
natural microbiological purity, its chemical make up and
other essential characteristics ^?!). This Royal Decree
hardly provides any difference of treatment between
natural mineral water and spring water : however, it does
say that sjpring water may not be carried in tankers and,
furthermore, that it may be labelled ' suitable for
preparing baby food ' ( unlike some mineral waters ).

No C 78 / 40 Official Journal of the European Communities 30 . 3 . 92

What Community texts apply specifically to spring water ?
What specific warnings, bans and authorizations apply ?
Does the Belgian definition given above correspond to
European usage ? Do the national and / or regional
authorities responsible for prior and periodic controls on
the quality of spring water cooperate with the
Commission and, if so, how ? Does the Commission have
its own means of control and does it use standards which
have to be — or will have to be — respected ?

1991, after the failure of the management to enter into
meaningful discussions on the workforce 's wages and
conditions claim . Within four days of taking action all
strikers were sacked for breach of contract and the
company has now recruited 25 non-union workers from
outside the area to take over production from the original
workers .

have to be — or will have to be — respected ? Will the Commission say whether or not this is the kind of

action that stands outside the intension of the Social
O OJ No L 194,25.7 . 1975, p . 26 . Charter ?
O OJ No L 271, 29 . 10 . 1979, p . 44 .

Answer given by Mr Bangemann

on behalf of the Commission

( 25 November 1 991 )

The term ' spring water ' (' eau de source ') is not defined as
such in Community legislation . There is no specific
Directive for this type of water . However, spring waters
are covered by Council Directive 80 / 778 / EEC (') on the
quality of waters intended for human consumption, as all
bottled waters that are not natural mineral waters . This
Directive sets out the levels for toxic substances, and for
the organoleptic, physico-chemical and microbiological
parameters, which are all applicable to spring waters . The
Directive also contains provisions for the patterns and
frequency of standard analyses .

Spring waters are also subject to the horizontal legislation
for foods, notably, labelling requirements ( 2 ) and
packaging materials that can be used ( 3 ).

The control of spring waters is assured by national

authorities of Member States . In the framework of the
control of foodstuffs in general, the Commission has
established a programme of cooperation between the
controlling authorities of Member States according to
Directive 89 / 397 / EEC ( 4 ).

(') OJ No L 229, 30 . 8 . 1980 .
O OJ No L 33, 8 . 2 . 1979 .
O OJ No L 40, 11.2 . 1989 .
O OJ No L 186,30.6 . 1989 .

WRITTEN QUESTION No 2207 / 91

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

(4 October ! 991 )

( 92 / C 78 / 83 )

Subject : Social Charter

42 members of the AEU, GMB and EPIU at Craven
Tasker in Cumbernauld went on official strike on 7 June

Answer given by Mrs Papandreou .

on behalf of the Commission

( 5 November 1 991 )

The Community Charter of basic social rights for
workers includes the right to collective action and
specifies that, in the event of a conflict of interests, that
shall include the right to strike subject to the obligations
arising under national regulations and collective
agreements . The action programme states that
responsibility for the implementation of rights relating to "
the freedom of association rests with the Member States
in accordance with their national traditions and policies .

WRITTEN QUESTION No 2218 / 91

by Mr Proinsias De Rossa ( CG )
to the Commission of the European Communities

( 4 October 1 991 )

( 92 / C 78 / 84 )

Subject : Interreg programmes in Ireland

How many Interreg-supported projects have there been
to d^te on the Northern Ireland / Republic of Ireland
border and what has been the total Community
contribution ?

Answer given by Mr Millan
on behalf of the Commission

( 21 November 1991 )

The programme in question was signed by the
Commission on 25 July 1991 and application forms were
sent by both the Department of Finance and Personnel in
Belfast and the Department of Finance in Dublin at the
end of August 1991 to all those who had expressed a prior
interest in funding under this joint programme .

It is not yet possible to give the details required until the
numerous applications have been considered .

30 . 3 . 92 " iffirial Tnnrnal of the F.nrnnpan Communities No C 78 / 4

WRITTEN QUESTION No 2225 / 91

by Mr Victor Manuel Arbeloa Muru ( S )
to the Commission of the European Communities

(4 October 1991 )

( 92 / C 78 / 85 )

Subject : Television monopolies in the Member States

Does the Commission believe that the existence of a single
public television service in a given Member State where
requests have been made for permission to install other
channels is compatible with the Community principles of
freedom of movement for services and goods and the
rules concerning competition ?

Answer given by Mr Bangemann

on behalf of the Commission

(8 January 1992 )

Under Community law, Member States are free to
determine the number and the public or private status of
television broadcasting organizations that may be
authorized to broadcast programmes within their
territory . However, the authorization procedures and the
enterprises to which special or exclusive rights have been
granted must comply with the fundamental principles of
freedom of establishment and free movement of persons,
services and capital and with the rules of competition laid
down in the EEC Treaty .

and noted that the Commission would very soon be
submitting draft negotiating directives to the Council .

These agreements will thus constitute the basis for
preparing European association agreements in due

course .

Furthermore, with a view to strengthening relations with
the Baltic States, the Council has also :

— signified its agreement to the principle of including, as

from 1 January 1992, Estonia, Latvia and Lithuania in
the Phare-programme and the G-24 cooordinated aid,
as well as among the beneficiaries of the Community 's
system of generalized preferences ;

— noted that the Commission will accelerate the
procedures for establishing a first package of technical
assistance measures for these countries .

WRITTEN QUESTION No 2234 / 91

by Mrs Andriana Ceci ( GUE )
to the Commission of the European Communities

(4 October 1991 )

( 92 / C 78 / 87 )

Subject : Horizon programme

Can the Commission say what stage has been reached in
using the funds for the Horizon programme and in the
selection of projects ? Is it true that some research units
have not been able to obtain funding, despite having
submitted proposals and projects, because of excessively
short deadlines for submitting applications ?
WRITTEN QUESTION No 2233 / 91

by Mr Victor Manuel Arbeloa Muru ( S )
to the Council of the European Communities

( 4 October 1 991 )

( 92 / C 78 / 86 )

Subject : Agreements with the Baltic States

Does the Council intend to conclude so-called ' European
agreements ' or association agreements with the three
Baltic States ?

Answer

( 18 February 1 992 )

At its meeting on 30 September and 1 October 1991 the
Council said that it welcomed the fact that the
Commission had opened exploratory talks with those
countries regarding trade and co-operation agreements

Answer given by Mrs Papandreou

on behalf of the Commission

( 21 November 1991 )

By June this year the Commission had already received
operational programmes for the Horizon initiative from
all twelve Member States . Supplementary information
was obtained via bilateral contacts between the

Commission and each of the national Horizon
coordinators in September and the beginning of October .
This meant that a revised operational programme was

available for most Member States, as required under
European Social Fund rules .

Only Italy 's revised programme is still outstanding .

Project selection is entirely a matter for Member States .

No C 78 / 42 Official Journal of the European Communities 30 . 3 . 92

WRITTEN QUESTION No 2271 / 91

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

( 18 October 1 991 )

( 92 / C 78 / 88 )

Subject : Measures to combat forest fires

1 . In 1991 large areas of European forest ( for example
in Sardinia and Liguria ) were once more destroyed by
fires, as reported in the Frankfurter Allgemeine Zeitung
of 30 August 1991 .

2 . Does the Commission agree that the creation of a
European fire-fighting unit would be helpful in
combating forest fires ? What moves has it made or will it
make in this direction ?

3 . Does the Commission know how the formation of
such a unit is viewed by the Member States ?

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 29 November 1991 )

The Commission is paying particular attention to the

serious problem of forest fires .

It is thus carefully examining every suggestion proposal or
innovation intended to improve forest fire fighting
methods and techniques .

Under the ' Interdepartmental Agreement on the
Protection of Forests against Fires ' the Commission has
indeed received a proposal for a study aimed at the setting
up of a European fleet of water bombers based in the
south of France which could be used to the benefit of

various countries in the Mediterranean basin .

This proposal is under examination by the Commission 's

departments, which will make the necessary contacts and
conduct the appropriate consultations with the
administrations and entities concerned before adopting
any attitude .

WRITTEN QUESTION No 2308 / 91

by Mr Jean-Pierre Raffarin ( LDR )
to the Commission of the European Communities

( 21 October 1991 )

( 92 / C 78 / 89 )

Subject : European sports forum

Can the Commission secure inclusion on the agenda of
the first meeting of the European sports forum of the

proposal that the singlets worn by the European
competitors at the next Olympic Games at Albertville and
Barcelona should bear the twelve-star Community
emblem ?

Answer given by Mr Dondelinger

on behalf of the Commission

( 14 November 1 991 )

The Commission has tried several times to get the
Member States ' National Olympic Committees, the only
competent bodies, to agree to some Community
identification for sportsmen and women from the 12
Member States . Unfortunately no unanimously
favourable position has so far emerged . The Commission
is continuing its efforts to secure a decision in line with
the Adonnino report endorsed by the Heads of State and
Government at the Milan European Council in 1985 .

WRITTEN QUESTION No 2316 / 91

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

( 21 October 1991 )

( 92 / C 78 / 90 )

Subject : Netherlands law on the media

The Court of Justice recently gave a judgment on the
Netherlands Media Act ( C-288 / 89, C-353 / 89 ).

According to the Netherlands Government, this judgment
will not affect the new Article 66 of the Media Act

( Second Chamber, 1990-1991 session, answer to
Question No 830 ).

Does the Commission share this view ?

Answer given by Mr Bangemann

on behalf of the Commission

( 19 December 1 991 )

As regards the conditions laid down in former
Article 66(b ) of the Mediawet, the Commission is able to
inform the Honourable Member that the new wording of
that Article as contained in the draft law ( First Chamber,

1990 — 91 session ) takes account of the judgments given
by the Court on 25 July 1991 ( Cases C-288 / 89 and
C-353 / 89 ).

30 . 3 . 92 Offinial Tnurnal of the F.uronean Communities No C 78 / 43

WRITTEN QUESTION No 2323 / 91

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

( 21 October 1991 )

( 92 / C 78 / 91 )

Subject : Provisional release from detention on remand

Following adoption of the law on detention on remand,
the Italian Government has provisionally released 47 303
people charged with offences and convicted at first
instance, 1 385 for murder, 1 840 for attempted murder,

1 869 for drug trafficking and 2 474 for criminal
association . Is there equally permissive legislation
elsewhere in the Community which provides guarantees
only to the rights of the offender ? Furthermore, is there
not a need for Community legislation establishing
procedures to speed up the holding of trials ?

Answer given by Mr Delors
on behalf of the Commission

( 18 November 1 991 )

The question raised by the Honourable Member does not
come within the competence of the Commission .

The Commission is therefore unable either to provide the

information requested or to give a positive response to the
initiatives proposed .

WRITTEN QUESTION No 2341 / 91

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

( 21 October 1991 )

( 92 / C 78 / 92 )

Subject : Nuclear policy with regard to Europe

There are an ever-increasing number of western initiatives

aimed at securing acceptance in Central Europe of the
idea that nuclear power, rather than alternative forms of
energy and a programme to rationalize existing sources
and make them cost-effective, will solve the problem of
acid rain and air pollution . The private sector is behind
many of these initiatives : Siemens KWU of Germany ;
Westinghouse, General Atomics and Bechtel from the

- USA ; Atomic Energy of Canada Ltd ; Nuclear Power

i International, a joint venture between Siemens and

i Framatome ; Ansaldo of Italy, INI of Spain, and so on —

not to mention Electricite de France . Such companies are
particularly active in Flungary and Czechoslovakia, and
answers from the executive institutions of the Community
to the following questions would therefore be welcome .

1 . Nuclear power is banned under Austrian law . Can one

consent ( as has, in particular, the International Atomic
Energy Agency — acting upon what instructions from
EC Governments ?) to the construction or the
continued operation ( albeit to a ' higher standard '), of
nuclear installations in Bohunice, which is only 40 km
from the Austrian border and in the middle of a
seismically active region ? The same questions apply to
the continued operation of a faulty reactor in
Slovakia, again close to the border with Austria .

2 . At least two of the abovementioned companies are

offering to supply the two countries in question with
installations far in excess of their needs, with surplus
production to go to Germany, Italy and the whole of
Western Europe . Is this consistent with the
Community 's energy policy ?

3 . The monitoring installations known as ZPA ( Zavody

Prumyslove Automatizace ) are regarded as unreliable,
both officially and unofficially . The same applies to
the Skoda A   - Is and the V-ls . There were three cases
last year of radioactive contamination ( which went
unreported in the western European press ) at the
Jaslovske Bohunice power station in Slovakia and that

at Dukovany in Moravia . Should the fifth anniversary
of Chernobyl not be an occasion to put forward more
stringent measures against contamination which is
uncontrollable in its severity and in its ability to
spread ? Is responsibility in the matter not clearly
international and incumbent on us all ?

4 . What are the results of the excessively confidential

study on the ' Chernobyl effect ' carried out in
Hungary by the Hungerian institute for the chemistry
and biology of radioactivity ?

5 . Is it true that the planned construction by Siemens of a
fifth power station near Kercerove, in Slovakia, will
cost more than $ 2,6 billion, i.e. more than the total
sum of western investment to date in post-communist
eastern Europe ?

6 . Will the intensive mining of uranium deposits in

Czechoslovakia and Hungary not aggravate the
problem directly facing vast areas as a result of the
' Chernobyl effect '?

Answer

( 18 February 1992 )

The Council attaches the utmost importance to questions

of nuclear safety . It has therefore taken due note of the
question, but observes that it is also addressed to the
Commission .

No C 78 / 44 Official Journal of the European Communities 30 . 3 . 92

The Council 's role, as defined by the Treaty establishing
the EAEC, does not require it to intervene in the detailed
examination of the problems raised by the Honourable
Member, particularly in the case of installations situated
outside the Community .

Accordingly, the Council can only invite the Honourable
Member to refer to the replies that the Commission will
be able to give to these questions, which the Council
acknowledges are of importance to the Community and
its citizens .

The Political Affairs Committee of the European
Parliament took the matter up once again after the second
European parliamentary election by direct universal
suffrage held in 1984 . This culminated in its preparing a
new draft ( Bocklet report ) which it adopted when it met
on 28 February 1985 .

This led the Council to . infer that the Parliament itself

considered its 1982 draft to be out-of-date . As the

European Parliament did not express any verdict on its

. 1985 draft when it met in plenary session, the Council

confirms the reply which it gave on 22 January 1991 in
response to question H-00 1 0 / 91, namely that for the time
being it does not consider any proposal to have been
submitted to it under the terms of Article 7 of the Act
dated 20 September 1976 concerning the election of the
representatives of the European Parliament by direct
WRITTEN QUESTION No 2358 / 91 universal suffrage .

by Mr David Martin ( S )
to the Council of the European Communities

( 22 October 1 991 )

( 92 / C 78 / 93 )

Subject : Procedure for election to the European
Parliament

In reply to Question No H-00 10 / 91 by Mr Raffarin ('),
the Council stated that ' so far the Council has received no

proposal from the European Parliament ' pursuant to
Article 7 of the Act concerning the election of
representatives of the European Parliament by universal
suffrage .

Did the Council not receive the proposal made by the
European Parliament in March 1982 ( Seitlinger report )?
If so, on what basis does the Council consider that its duty
under the Treaty to ' lay down the appropriate provisions '
has lapsed ? Does it not agree that such a duty remains
whether or not the European Parliament is considering
whether to submit a new proposal in light of the Council 's
failure to act on its original proposal ?

(') Debates of the European Parliament No 3-398 ( January

1991 ).

Answer

(4 March 1992 )

The Council made an in-depth study of the resolution and

of the draft Act for a uniform electoral procedure adopted
by the European Parliament on 10 March 1982 ( Seitlinger
report ).

This study having been completed, the President of the

Council, Mr Genscher, on the occasion of a meeting with
a delegation from the European Parliament, led by its
President, Mr Dankert, which took place on 25 April 1983
in Luxembourg, informed that delegation that it had not
been possible to achieve the necessary unanimity on the
proposal .

WRITTEN QUESTION No 2362 / 91
by Mr Sergio Ribeiro and Mr Francis Wurtz ( CG )

to European Political Cooperation

( 22 October 1991 )

( 92 / C 78 / 94 )

Subject : The selection of Morocco to chair the
International Conference on Human Rights

It is with surprise, nay, astonishment, that we learned that
Morocco had been asked to chair the Committee carrying
out preparatory work for the International Conference on
Human Rights to be held in 1993 in Berlin .

Given the numerous human rights violations in that
country and the numerous resolutions and reports
adopted by the European Parliament condemning the
repression and violation of human rights in Morocco, and
in view of the arrogant response by the King of Morocco
at a recent press conference, what view is taken by EPC
and / or the Twelve of the selection of Morocco ?

Answer

( 28 February 1992 )

Each regional group within the UN appointed one
delegate to the Bureau of the First Preparatory
Committee for the World Conference on Human Rights .
The African Group appointed Mrs Halima Warzazi . The

delegates to the first session of the Preparatory
Committee elected Mrs Warzazi to chair that session . The
question of filling the chair at future sessions of the
Preparatory Committee has not been determined as yet .

30 . 3 . 92 Official Journal of the European Communities No C 78 / 45

The Community and its Member States do not view the
joining in consensus regarding this election as a statement
on Moroccan Government policies .

WRITTEN QUESTION No 2391 / 91

by Mrs Raymonde Dury ( S )
to the Council of the European Communities

( 22 October 1991 )

( 92 / C 78 / 95 )

Subject : Social security rights of volunteer development

workers employed by NGOs

The Commission and Council have stated their
willingness to speed up action on the question of social
protection for volunteer development workers
( recommendation 85 / 308 / EEC ) ('). A report by the
Commission evaluating the situation was originally to
have been published within two years . Is there any
prospect of this report now being published as soon as
possible ? Are the Community authorities fully aware that
any further delay on the matter will create anxiety and
discouragement for those Community citizens who have
expressed their wish to contribute practically and in
person to the development process ?

(') OJ No L 163,22.6 . 1985, p. 48 .

Answer

(4 March 1992 )

The Council restates its attachment to the principle of
social protection for volunteer development workers
and the implementation of Council recom ­
mendation 85 / 308 / EEC of 13 June 1985 .

It hopes very much that the Commission will submit as
soon as possible the report on the progress achieved and
the hurdles encountered in implementing social
protection for volunteer development workers, provided
for in point B of the recommendation .

WRITTEN QUESTION No 2393 / 91

by Mrs Raymonde Dury ( S )
to the Council of the European Communities

( 22 October 1991 )

( 92 / C 78 / 96 )

Subject : Action of the Twelve to combat infanticide in

Brazil

In a reply to a Belgian Member of Parliament, the Belgian
Minister of Foreign Affairs has referred to Belgium 's

participation in a joint action by the Twelve to combat the
murders and maltreatment to which street children in
Brazil are subject . Could the Council provide details of
this Community intervention ?

Answer

( 28 February 1 992 )

Reports on torture and extra-judicial executions of
children and youths in urban Brazil in the years 1990 and

1991, provided by sources such as Amnesty International,
have caused much concern within the Community and its
Member States, both at the political level and with public
opinion .

According to the 1990 report of the Brazilian Institute for

Geography and Economy ( IBGE ), violence is the main
cause of death among children and adolescents in Brazil,
violence being defined as accidents, homicides and
suicides . For the age group of 15 to 17 years, violent
deaths account for approximately two thirds of mortality .
Given the fact that Brazil has an estimated population of

150 million, whereof 68 million, or 46 percent, are under
twenty years of age, it is generally assumed that at least 10
million children ( some sources go as far as advancing the
number of 25 million ) may be considered to fall under the
category of ' streetchildren '.

Over the last years, a growing number of extra-judicial
executions have been reported, many of tjiem in relation
with ' death squads ' operating in urban surroundings .
Even though it cannot be claimed that all crimes are to be
attributed to those ' death squads ' for the simple reason
that numerous children are victims of common crime,
gang wars or drug-related criminality, the Brazilian
authorities are well aware of the acute problem and are no
longer in a position to deny the existence of so-called
' extermination groups ' or vigilantes .

On the contrary, since the coming into office of President
Collor, human rights issues have increasingly moved to
become of central concern to the Brazilian authorities .
Preoccupied with public opinion, domestic and, above all,
international, the government has undertaken a number
of actions and is envisaging to launch others in order to
improve the situation .

In October 1990, Congress adopted the ' statute of the
child and adolescent ', which grants ample rights to the
Brazilian youth . It is incumbent on the recently created
' Minister of the Child ', under the competence of the
Minister for Health, to implement this statute . Although
the statute has power of law, many of its objectives may
not be reached in the near future, firstly because its
implementation depends on lower authorities and
secondly because of lack of necessary funds .

No C 78 / 46 Official Journal of the European Communities 30 . 3 . 92

A further obstacle to the endeavours of the government is
the fact that the fight against crime and related issues as
well as social and educational matters primarily lie within
the competence of the States . Only in exceptional cases,
for which it needs special court permission, can the
Federal government intervene . Any action therefore
requires the cooperation of the statal and municipal levels .
Furthermore, the various police forces also operate at
different levels ( federation, state, municipality ) without
much coordination .

After the first denouncements by Amnesty International,
President Collor ordered a thorough investigation under
the responsibility of the Minister of Justice . The
Community and its Member States do regret that so far
this inquiry has not led to a report . In November 1990, the
Council for the Defence of Human Rights, subordinated
to the Ministery of Justice, established a sub-commission
to investigate into the assassinations and to propose
measures to prevent violence against children and
adolescents .

The Community and its Member States are nonetheless
pleased to note that the sub-commission has meanwhile
produced a number of recommendations to be used as a
basis for a national plan of prevention and reduction of
violence against children . These are :

— the full investigation of all cases ;

— the end to impunity ;

— the appointment of a special prosecutor ;

— the review and improvement of police forces ;

— the creation of commissions at state level, which

would be responsible for the implementation of
measures adopted ;

— the mobilisation of society ;

— the restructuring of the Council for the Defense of

Human Rights .

As the preceding recommendations are characterised by a
certain vagueness, they will clearly not be sufficient to
achieve the improvements aimed for . To that effect, more
specific and practical measures are required . In this
connection, and given Brazil 's concern at its image
abroad, the impact of international pressure should not be
underestimated .

On the one hand, the Community and its Member States
welcome the recent efforts by the Government of Brazil
to come to grips with a problem of such terrifying scope,
on the other hand they do not wish to publicly interfere
with President Collor 's initiatives, which are pointing in
the right direction . The Honourable Member may,
however, rest assured that the Community and its
Member States, through their representatives, will not fail
to encourage the Brazilian Government in pursueing its

action and discuss ways and means of providing assistance
to that country within the limits of their possibilities .

WRITTEN QUESTION No 2399 / 91

by Mr Marc Galle ( S )
to the Commission of the European Communities

( 22 October 1991 )

( 92 / C 78 / 97 )

Subject : Charges for financial services in Belgium

At the beginning of 1991 the Belgian banking sector
reached an agreement with the Belgian Minister of
Economic Affairs, under which financial institutions were
entitled to charge for their services . The agreement also
laid down the maximum amounts which may be charged
in each case .

However, this must be treated with caution, since
concerted practices on the part of financial institutions
with a view to charging the maximum amount, or at least a
single agreed amount, thereby excluding any form of
competition, are an eventuality which cannot be ruled out .

Can the Commission ensure me that, in the interest of
consumers, developments will be closely monitored and
that the Commission will take timely action to prevent any
concerted practices of this nature ?

Answer given by Sir Leon Brittan

on behalf of the Commission

( 11 December 1991 )

The Commission has, for several years, been closely

monitoring developments regarding competition in the
banking sector . On the question of commissions charged
by Belgian banks, for example, it took a formal decision
relating to a proceeding under Article 85 of the EEC
Treaty ( 87 / 13 / EEC ) ( l ).

Since then, the Commission has continued to be vigilant .
In the spring of 1988, when it was informally consulted by
the Belgian banking sector on a preliminary proposal
to introduce uniform charges for cheques in Belgium,
the Directorate-General for Competition stated its
unequivocal opposition to the proposal . The issue was
taken up by the Belgian press at the end of July 1988 . In
the face of the Commission 's opposition, the proposal
was simply withdrawn .

The charges for financial services introduced or planned
by certain Belgian banks since the beginning of 1991 do
not prima facie give rise to the same objections . The
Commission was not involved in drawing up these new
proposals, which were discussed directly between the
banks concerned and the Belgian Ministry for Economic
Affairs, the competent body under the price control

arrangements in force in Belgium . According to the
information at the Commission 's disposal, each financial
institution remains free, this time, to decide whether or
not to introduce charges, and the charging procedures
may vary from one institution to another .

30 . 3 . 92 Official Journal of the European Communities No C 78 / 47

However, the Commission will continue to pay careful
attention to developments in this area in the months
ahead .

WRITTEN QUESTION No 2417 / 91

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

O OJ No L 7, 9 . 1 . 1987 . ( 30 October 1991 )

( 92 / C 78 / 99 )

WRITTEN QUESTION No 2403 / 91

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

( 30 October 1991 )

( 92 / C 78 / 98 )

Subject : Pollution of the Aegean

According to the Helmepa ( Hellenic Marine Environment

Protection Association ), enormous quantities of effluent
are being discharged into the Aegean without any form of
monitoring . In the sea surrounding Attiki alone,
according to studies by the Athens School of Health
Studies ( 1989 ), the Keratsini mains discharges 20 000 tons
of toxic metals annually .

Will the Commission continue its endeavours to protect
the marine environment of Attiki and the Aegean in
general and what form will these endeavours take ?

Answer given by Mr Ripa di Meana

on behalf of the Commission

( 22 January 1992 )

The Commission is collecting the information it needs to

answer the Honourable Member 's questions .

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

Subject : Staple food prices in EFTA countries

Can the Commission outline the average cost of the main
staple foods in the six EFTA countries in comparison with
those inside the Community ?

Answer given by Mr Christophersen

on behalf of the Commission

( 9 December . 1 991 )

In the context of the studies on purchasing power parities
and volume comparisons of national accounts aggregates,
a consumer price survey of food products was conducted
in 1988 in the Community and in six EFTA countries
( Liechtenstein excluded ). The survey was organized and
coordinated by Eurostat for twelve Community countries,
Austria and Switzerland and by the OECD Secretariat for

Sweden, Finland, Norway and Iceland . The following
table gives extrapolated price indices for all food products
taken together and for the main categories .

The basic information on prices of food products has

already been published by Eurostat in the publication
' Consumer prices in the EC — 1988 '. However, this
information refers to 1988 and to the 14 countries
coordinated by Eurostat .

No C 78 / 48 Official Journal of the European Communities 30 . 3 . 92

Price Indices

( EUR 12 = 100 )

D F I NL B L UK IRL DK GR ES PT AUS CH FIN ICE NOR SWE

Food, beverages I
tobacco 102,7 103,2 100,6 98,4 104,7 97 98 98,4 144 82 96,2 76,6 108,6 150,2 183,6 173,2 179,5 168,7

— Food 102,8 106,7 104,9 98,3 [104] 102,5 84,9 81,5 132,4 83,1 101,8 79,4 107,8 152,5 162,6 153,3 159,1 157,9
Breads and I I I I I I I
cereals 105,6 109,8 103,7 95,5 102,9 102,7 78,2 75,5 144,1 89 118,1 68,3 118,2 158,8 201,5 150,4 170 189,7
Meat 104,9 112,8 108,6 120,2 109 112,6 76,6 77,9 124,3 7 5,5 88,1 77,7 105,1 190,6 170,3 162,5 185,8 172,3
Fish 99,4 105,4 134,5 75,9 91,6 105,8 77 66,1 120,5 91,6 94,1 70,8 101,6 127,4 100,9 77,4 [117] 122,1
Milk, cheese, I
eggs 83,6 100,8 111,2 85,2 98 95,6 96,4 90,9 [121] 99 116 93,1 112,3 152,4 133,3 165,3 148,9 133,3
Oils and fats 95,7 104,4 99,7 95,8 104,8 106,1 84,7 75,9 139,7 95,5 116,6 84,1 130,5 218,3 248,8 183,2 136,1 202,8
Fruit, vegetables I
and potatoes 114,1 118 88,5 108,7 116,3 96,9 100,3 98,3 156,8 74,5 104,2 75,1 97,7 128,8 155,7 [172] 150,6 158,7
Other l \ I
food products 107,4 91,4 128,1 83,3 95,1 99,1 84,6 76,5 129,9 [97] 111,2 99,4 114,1 134,9 166,2 147,5 155,8 147,3

— Beverages 86,6 92,6 73,6 101,3 112 100,1 125 157,2 171,9 86,4 74,6 61,9 105,8 162,1 321,6 280,8 264,5 242,3
Non-alcoholic l I
beverages 101,1 90,2 97,5 107,8 131 99,3 96,1 131,8 193,9 90,4 114,3 105 100,8 126,3 223,4 240,2 232,3 227,8
Alcoholic \
beverages 83,1 93,9 67,6 [100] 106,6 102,1 133,1 163,7 167,3 85,8 65 54,5 108,5 [179] 348,9 [317] 280 246,8

— Tobacco 119,5 82,1 89,8 87,3 2 73,4 127,2 10.4,8 176 64,5 71,9 65,6 111,3 97,3 163,5 165,8 224,4 145,6

WRITTEN QUESTION No 2419 / 91

by Mrs Joanna Renn ( S )
to the Commission of the European Communities

( 30 October 1 991 )

( 92 / C 78 / 100 )

Subject : The Commission 's proposal to set up a working

environment agency

Will the Commission please outline its plans for the
submission of a proposal to set up a working environment
agency ? When does the Commission intend to publish the
proposal ? What, in the Commission 's view, should the
agency 's terms of reference be ? Does the Commission
plan to increase its staff on an ad hoc basis in the period
prior to setting up the agency, so as to monitor the
implementation of Community law on the working
environment more efficiently ?

Answer given by Mrs Papandreou

on behalf of the Commission

( 14 November 1 991 )

On September 1991 the Commission made a proposal for
a Council Regulation ( EEC ) establishing a European
Agency for Safety and Health at Work . In accordance
with Article 235 of the EEC Treaty the European
Parliament will be consulted .

The aim of the Agency is to provide the Community, the
Member States, and those involved in the field with the
technical, scientific and economic information required in
the field of safety and health at the work place .

The Agency, which is responsible to the Commission, will
work in close liaison with the Commission departments
concerned .

WRITTEN QUESTION No 2422 / 91

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

( 30 October 1 991 )

( 92 / C 78 / 101 )

Subject : Anti-dumping policy in relation to competition

policy

Some time ago the Commission imposed an anti-dumping
levy on the company Nutrasweet, after a complaint by the
Holland Sweetener Company .

Nutrasweet has since decided to build a factory in Europe
in order to avoid the levy . The construction of this factory
( at Dunkirk ) is being subsidized by the French
Government ( according to NRC-Handelsblad, 14
September 1991 ).

30 . 3 . 92 Official Journal of the European Communities No C 78 / 49

1 . Does the Commission consider it desirable for
companies seeking to avoid the Community
anti-dumping levy to be rewarded for this with
subsidies from Community Member States ?

2 . Does the planned investment in Dunkirk comply with

the anti-circumvention rules of the anti-dumping
Regulation ?

3 . Does the subsidy granted by the French authorities

comply with the rules on competition in the Treaty ?

Answer given by Mr Andriessen

c on behalf of the Commission

( 6 December 1 991 )

1 . It is highly speculative to state that Nutrasweet,
which has decided to set up a plant for the manufacture of
aspartame in Dunkirk, intends " to circumvent the
definitive anti-dumping duties imposed by Council
Regulation ( EEC ) No 1391 / 91 ( 1 ).

2 . Article 13 ( 10 ) of Council Regulation ( EEC )
No 2423 / 88 ( 2 ) does not provide for criteria relating to
investments in the Community . It only sets out the
conditions under which anti-dumping duties may be
imposed on products that are introduced into the
commerce of the Community after having been assembled
or produced in the Community .. Whether or not these
criteria will be met once Nutrasweet is producing
aspartame at the plant in Dunkirk, can only be established
after an investigation by the Commission .

3 . Companies setting up in these areas benefit from
certain tax advantages and other administrative facilities
which cannot be combined with other forms of aid and

are individually verified on the basis of a quarterly report,
a posteriori, to the Commission .

O OJ No L 134,28.5 . 1991 .
O OJ No L 209, 2 . 8 . 1988 .

WRITTEN QUESTION No 2430 / 91

by Mr Hans Peters ( S )
to the Commission of the European Communities

( 30 October 1991 )

( 92 / C 78 / 102 )

Subject : Implementation of Council Directive
83 / 189 / EEC as amended by Council Directive
88 / 182 / EEC laying down a procedure for the
provision of information in the field of technical
standards and regulations

Under the information procedure Member States are
required to keep the Commission regularly informed of
any proposed or draft national technical regulations in

order to ensure that barriers to trade caused by
discrepancies in Member States ' legislation are avoided in
good time . Information concerning new draft technical
regulations contained in the central Brussels register is
regularly forwarded to national bodies giving the title,
synopsis and key words in English . The technical
regulations in their entirety are available to the national
bodies only in the original language . Any assessment
therefore of whether national legal provisions, for
example, product testing procedures, are affected and
whether barriers to trade could arise as a result is possible
only on the basis of the original language text . It would
facilitate the task of the national bodies if the complete
texts were also available in English at least .

The entire text is apparently translated for deliberations

in the Standing Committee ( Article 5 ).

Would it be possible for these translations also to be

forwarded to the national standards bodies concerned ?

Answer given by Mr Bangemann

on behalf of the Commission

( 21 November 1 991 )

Taking a feasibility study carried out by a group of
experts from CEN / Cenelec as a basis, the Commission
defined in 1984 the practical details of the information
procedure for standards .

For notifications made within the framework of Article 2
of Directive 83 / 1 89 / EEC ('), the working language of
CEN / Cenelec, that is to say English, French and
German, are used .

For the purposes of distributing draft standards in
accordance with Article 4 of this Directive, the
Commission has accepted the recommendation of the
group of experts to limit itself to the language available,
i.e. generally the national language of the country of
origin .

These choices were based on the high cost of the
translations, the fact that the extra time needed for these
translations is incompatible with the need to react quickly
and the existence of an efficient communications network
between the national standards bodies . After six years of
working in this way, there have been neither problems or
complaints .

The Honourable Member should be aware that national
draft technical regulations are translated into all the
official languages ( Articles 8 to 10 of the said Directive ).
Draft national standards are not submitted to the
Standing Committee of the Directive, but are covered by a
system of distribution and consultation organized by the
European standards bodies .

o OJNoL 109,26.4.1983 .

No C 78 / 50 Official Journal of the European Communities 30 . 3 . 92

WRITTEN QUESTION No 2445 / 91

by Mr David Martin ( S )
to the Commission of the European Communities

( 30 October 1 991 )

( 92 / C 78 / 103 )

Subject : Political role of EIB and EBRD

Would the Commission outline any political
pre-conditions imposed on borrowers from the European
Investment Bank and the European Bank for
Reconstruction and Development and state whether any
European Commissioners are connected with the
International Monetary Fund ?

Answer given by Mr Christophersen

on behalf of the Commission

( 6 December 1 991 )

1 . European Investment Bank ( EIB )

The EIB operates outside the Community on the
following basis :

( a ) Individual authorizations : The EIB Board of
Governors has, on several occasions, authorized the
Bank to carry out specific investment projects on a
case-by-case basis . The common characteristics of
these operations are ( i ) a direct and clear benefit to
the Community ; ( ii ) a strong physical link with the
Community territory and projects tending to be
located on the periphery of the Community ( e.g. gas
pipeline in Austria ).

( b ) Global authorizations : These loans ( in the ACP,
Mediterranean and eastern European countries ) are a
complement to other more concessional forms of
Community assistance and normally fall within the
framework of agreements negotiated between the
Community and individual countries or group of
countries .

The Commission proposals on these agreements are

always submitted for the Parliament 's opinion . Thus
Members of the European Parliament are aware of the
political implications of the Community agreements .

2 . European Bank for Reconstruction and Development
( EBRD )

The EBRD has as its purpose to foster the transition to
open market oriented economies and to promote private
and entrepreneurial initiative in the Central and Eastern
European countries committed to, and applying the
principles of, multi-party democracy, pluralism and
market economies ( Article 1 of the Agreement
establishing the EBRD ). The very purpose of the EBRD is
therefore subject to political preconditions .

This is given effect by Article 8.3 which says that the Bank

can suspend operations in cases where a country is
implementing policies inconsistent with its purpose .

3 . International Monetary Fund ( IMF )

The Commission maintains close relations with the
International Monetary Fund . Vice-President
Christophersen normally participates as an observer in the
semestrial meeting of the Interim Committee of the Board
of Governors of the IMF . As coordinator of assistance
from the Group of 24 industrial countries, the
Commission is collaborating with the IMF which takes
part in the work of the Group . During the spring 1991
meeting, the Vice-President of the Commission was asked
by the President of the Interim Committee to present a
statement on global policy issues ; furthermore, in the
context of the annual meeting of Bretton Woods
Institutions, on 16 October 1991 in Bangkok, a special
meeting of G-24 senior finance ministry officials was
organised jointly by the Commission and the IMF, with
Vice-President Christophersen and the Managing
Director of the Fund sharing the chair .

WRITTEN QUESTION No 2514 / 91

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

( 8 November 1 991 )

( 92 / C 78 / 104 )

Subject : Advisory Committee on Competition Policy

1 . Under what Council Decision has the Advisory
Committee on Competition Policy been set up, consisting
of national specialists in the field of competition policy
under the chairmanship of an official from Directorate A
of the Commission 's DG IV ?

2 . How frequently has the Advisory Committee met
each year since its creation ?

3 . What specific competition issues were entered on its
agenda in 1990 ?

Answer given by Sir Leon Brittan

on behalf of the Commission

( 18 December 1 991 )

1 . The Advisory Committee on Restrictive Practices
and Monopolies, to which the Honourable Member
appears to be referring, was set up under Article 10 of
Council Regulation ( EEC ) No 17 - of 6 February 1962
( First Regulation implementing Articles 85 and 86 of the
EEC Treaty ) 0 ­

2 . The number of meetings held by the Advisory
Committee is as follows : 1962 : 2 ; 1963 : 1 ; 1964 : 3 ; 1965 : 2 ;

1966 : 2 ; 1967 : 8 ; 1968 : 7 ; 1969 : 7 ; 1970 : 5 ; 1971 : 9 ; 1972 :
10 ; 1973 : 7 ; 1974 : 8 ; 1975 : 12 ; 1976 : 8 ; 1977 : 13 ; 1978 : 10 ;
1979 : 6 ; 1980 : 6 ; 1981 : 8 ; 1982 : 9 ; 1983 : 7 ; 1984 : 13 ; 1985 :

30 . 3 . 92 Official Journal of the European Communities No C 78 / 51

8 ; 1986 : 5 ; 1987 : 6 ; 1988 : 12 ; 1989 : 10 ; 1990 : 9 ; 1991 : 8 ( up
to 31 October 1991 ).

3 . During 1990, 16 individual cases were referred to
the Advisory Committee ;

The Commission is therefore of the opinion that the

measures referred to by the Honourable Member are not
in breach of the principle of the free movement of persons
and goods, since they apply only to Italian residents .

It should be noted that the abovementioned Directive will
cease to be effective, as regards VAT, from 31 December

Ecosystem Douwe Bayer / Gist Egberts /, Peugeot KSB, /, Cekacan GOULDS Metaleurope, / Consortium LOWARA, Elopak / ITT / ECR Metalbox, Bayer 900,, cease 1992 . to be effective, as
Dental Secretama, Screensport, Sippa, Gosme, Ijsselcentrale Martell ., Ansae, Soda Ash, o OJ No L 105, 23 . 4 . 1983 .

1992 .

O OJ No L 13,21 . 2 . 1962 .

WRITTEN QUESTION No 2515 / 91

by Mr Francesco Speroni ( ARC )

WRITTEN QUESTION No 2523 / 91
by Mr Victor Manuel Arbeloa Muru ( S )
to the Council of the European Communities

to the Commission of the European Communities ( 8 November 1 991 )

( 8 November 1 991 ) ( 92 / C 78 / 106 )

( 92 / C 78 / 105 )

Subject : Women 's family responsibilities

Subject : Rules concerning the driving by Italian nationals

of vehicles registered in other Community
Member States

' Under . Article 282, 292 and 301 of Presidential Decree
No 43 of 23 January 1973, a resident Italian citizen
driving in Italy a vehicle which has been registered in
another country shall be deemed guilty of contraband and
the vehicle concerned shall be subject to confiscation .
This applies also to a vehicle registered in another

Community Member State .

Does the Commission consider such provisions to be in
accordance with Community rules, particularly in respect
of freedom of movement ?

Answer given by Mrs Scrivener

on behalf of the Commission

( 11 December 1 991 )

The question raised by the Honourable Member has to be

examined in the light of the provisions of Council
Directive 83 / 182 / EEC (') on tax exemptions within the
Community for certain means of transport temporarily
imported into one Member State from another .

Under those provisions, any person who has his ' normal
residence ' in a Member State, within the meaning of
Article 7 of that Directive, may use in that State only a
vehicle which is registered there and must pay the various
taxes on vehicles in that Member State .

At present, the only possible exception to this principle is

in the case of a company car, used in accordance with the
Court judgment of 6 July 1988 in Case 127 / 86 ( Ledoux v.
Ministere des Finances du Royaume de Belgique ). In
addition, the abovementioned instrument provides for tax
exemptions in the event of the temporary importation of
the vehicle .

In a recent ruling against a ban on night work for women,
the Court, of Justice rejected the argument that women
have wider family responsibilities and recalled that the

1976 Directive regulates equal treatment and not the
sharing-out of family responsibilities . Given the family
responsibilities shouldered by women in certain
situations, how can these responsibilities be ignored when
passing judgment on discrimination ?

WRITTEN QUESTION No 2524 / 91
by Mr Victor Manuel Arbeloa Muru ( S )
to the Council of the European Communities

( 8 November 1 991 )

( 92 / C 78 / 107 )

Subject : Women 's family responsibilities

In a recent ruling against the banning of night-work for
women, the Court of Justice rejected the argument based
on the risk of assault, stating that appropriate protective
measures could be taken . In the Council 's view, who
should be required to take such measures ?

Joint answer
to Written Questions Nos 2523 / 91 and 2524 / 91

(4 March 1992 )

It is not for the Council to comment on a judgment by the
Court of Justice of the European Communities .

No C 78 / 52 Official Journal of the European Communities 30 . 3 . 92

WRITTEN QUESTION No 2525 / 91
by Mr Victor Manuel Arbeloa Muru ( S )
to the Council of the European Communities

( 8 November 1 991 )

( 92 / C 78 / 108 )

Subject : Agreement on forest protection

With a view to the forthcoming Summit of the Planet
Earth, state representatives meeting in Geneva have made
little progress as regards the transfer of financial
resources and technology from the countries of the
northern hemisphere to those of the south . Does the
European Community intend to uphold a common
criterion on this issue between now and the Rio de Janeiro
Conference in June 1992, for example by taking up the
views expressed by the European Parliament ?

Answer

(4 March 1992 )

With regard to the broad outlines of the Community 's
approach on forest protection, the Honourable Member
may refer to the reply given by the Council to Written
Question No 2311 / 91 put by Mr Raffarin .

With regard to the more specific questions of the transfer
of financial resources and technology, the Environment
Council recognized, in the guidelines it adopted on 12
and 13 December in preparation for Unced, the need for
increased financial contributions and a stepping up of
technical co-operation with the developing countries .

WRITTEN QUESTION No 2526 / 91
by Mr Victor Manuel Arbeloa Muru ( S )
to the Council of the European Communities

( 8 November 1 991 )

( 92 / C 78 / 109 )

Subject : Noise at airports

The Dutch Minister for Transport, speaking before the
relevant section of the Economic and Social Committee,
stressed the need to regulate and harmonize maximum
noise levels caused by aircraft at airports . This is a
longstanding issue which comes up constantly in
Parliament . How does the Council intend to regulate such
maximum levels effectively ?

Answer

( 17 February 1 992 )

On 15 April 1991 the Commission submitted to the
Council a proposal for a Council Directive on the
limitation of the operation of Chapter 2 aeroplanes ( ® ).

This proposal comes within the context of the 1973 and

1977 Community action programmes on the
environment ( 2 ).

Following the Council 's adoption of measures in respect
of propeller-driven aeroplanes and subsonic jet
aeroplanes ( 3 ), the proposal aims to standardize
Community policy and further restrict the noise emitted
by civil subsonic jet aeroplanes taking account of the work
carried out by international organizations .

Council Directive No 89 / 629 / EEC, adopted on 4
December 1989 ( 4 ), limits the addition to Member States '
civil aviation registers of aircraft that cannot meet the
standards specified in Chapter 3 of Annex 16 to the
Chicago Convention . This Directive, as its preamble
stresses, was to be considered only as a first stage, to be
followed by measures to limit the operation of aeroplanes
which do not comply with the standards of Chapter 3 of
Annex 16 to the Chicago Convention .

At its meeting on 7 October 1991 the Council discussed
this proposal and instructed the Permanent
Representatives Committee to reconsider the draft
Directive, taking account in particular of the opinion of
the European Parliament .

On the same occasion the Council also noted that the
Commission departments were in the process of drawing
up a list of noise problems in the vicinity of airports in the
Community .

The Council has not yet received any other Commission
proposals in the area mentioned by the Honourable
Member .

The Council will look carefully at proposals submitted by
the Commission aimed at reducing noise in the vicinity of
airports .

(') OJNoC 111,26.4 . 1991, p . 5 .
O OJ No C 328, 7 . 12 . 1987, p . 1 .
O OJNoL 18,24 . 1 . 1980, p . 26 .
( 4 ) OJNoL 363, 13 . 12 . 1989, p . 27 .

WRITTEN QUESTION No 2555 / 91
by Mr Jaak Vandemeulebroucke ( ARC )
to the Council of the European Communities

( 14 November 1 991 )

( 92 / C 78 / 1 10 )

Subject : Budget appropriations earmarked for consumer

information and protection

On examining the budget for 1992, I note with dismay
that the appropriations earmarked for consumer
protection ( Title B5-1 and Chapter B8-51 ) have been
drastically reduced .

30 . 3 . 92 Official Journal of the European Communities No C 78 / 53

Can the Council give the reasons for this ? Does it not
consider that, as a result, consumer information is being
seriously neglected in comparison with the ( equally
necessary ) producer information ? How can the Council
reconcile this reduction with its earlier resolutions on

consumer protection ?

If the Council considers that consumer information can

be achieved through other channels, I would be very
pleased to hear it .

Answer

(4 March 1992 )

The Council has over the last few years displayed

increasing interest in developing an active Community
policy to protect and inform consumers, as witness its
resolution of 9 November 1989 on relaunching consumer
protection policy and promoting the interests of
consumers and its agreement to the three-year action plan
for consumer protection policy in the EEC ( 1990 — 1992 ).

It would therefore have been surprising if the Council had
not reflected this interest in its budgetary choices, insofar
as the indispensible balance among its various priorities
and budgetary constraints permit .

Thus the Council, starting from the preliminary draft
budget submitted by the Commission, has between its two
readings very substantially increased ( by some 40 % ) the
amount of the allocations under title B5-1 and has, for the
particularly important heading of product security, even
adopted an amount of almost 50 % more than that in the
preliminary draft budget and three times more than that
in the 1991 budget .

It should also be noted with regard to the mini-budgets
under Title B5-1 that the Council retained at first reading
an amount identical to that of the European Parliament .

WRITTEN QUESTION No 2645 / 91

by Mr Luigi Vertemati, Mr Franco Iacono, Mr Pierre
Camiti, Mr Nereo Laroni, Mrs Maria Magnani Noya and

Mr Vincenzo Mattina ( S )
to the Council of the European Communities

( 19 November 1 991 )

( 92 / C 78 / 111 )

Subject : Immigration and racism

The events of the last few years have created great
opportunities for the development of democracy but have

brought with them new and onerous tasks for the nations
and peoples of the European Community .

If the values of freedom, democracy, cooperation and
peace are to continue to be victorious, they must be
considered as indispensable, and unreconcilable with any
form of intolerance, racism or xenophobia . The strength
of democracy is linked to the principle of solidarity .

On the basis of these considerations and surveys carried
out by the Community and in the light of serious acts of
intolerance and racism in various Community countries,
including Germany, can the Council say :

1 . What instruments, if any, it intends to introduce into

the Member States to ensure that there is :

( a ) a common immigration policy,

( b ) a joint reaction against racism inspired by
ideologies which have had such tragic effects in
Europe in the past ?

2 . Whether it considers that policies are needed to

coordinate the police forces in the Community
countries ?

3 . Whether it considers that the budget should be

restructured to allocate more resources to social and
cooperation policies aimed at minimizing the
problems faced in various Community countries by all
citizens, both nationals and immigrants and
promoting the development of the Third World and
the integration of people obliged to emigrate ?

Answer

( 17 February 1992 )

In response to the request it made at its meeting in
Luxembourg, the European Council received, at its
meeting in Maastricht,

— a report on asylum and immigration ;

— a report on Europol .

The European Council took note of the reports on
immigration and asylum drawn up at its request by the
Ministers responsible for immigration . It considers that
they are a suitable basis for the measures to be taken in
these fields .

It agreed to the work programme and the timetables
proposed and called on the Ministers responsible for
immigration to implement them .

Moreover, the draft Treaty on Political Union approved
by the European Council provides for the possibility of

No C 78 / 54 Official Journal of the European Communities 30 . 3 . 92

certain subjects being transferred from intergovernmental
co-operation to Community competence .

With regard to co-operation between police forces, the
European Council gave its agreement to the setting up of
a European Criminal Investigation Office ( Europol ) with
the initial task of organizing amongst the twelve
Community Member States an exchange of information
on narcotics . The European Council instructed the Trevi
Ministers, in collaboration with the Commission, to take
the measures required for the swift establishment of
Europol .

In addition, the Community is endeavouring to promote
the development of countries which are often a source of
immigration, notably through the Lome Convention and
the system of generalized preferences .

The Member States and the Community, within the limits
of its powers, are also continuing with their efforts to
bring about the best possible integration of legal
immigrants into the Member States .

— adopted, as an ' A ' item, a Directive on an employer

s obligation to inform employees of the conditions
applicable to the contract or employment relationship ;

— agreed on two common positions with a view to

adoption of a Directive on the implementation of
minimum safety and health requirements at temporary
or mobile work sites and of a Directive on the
implementation of measures to encourage
improvements in the safety and health of pregnant
workers, women workers who have recently given
birth and women who are breastfeeding ; these two
common positions will be formally adopted on 19
December 1991 .

2 . The Council was unable to examine the proposal for
a Directive on the organization of working time at its
meeting on 14 October / 6 November 1991, but discussed
the question in detail at a subsequent meeting on 3
December 1991 .

Following that discussion, the President found that the
compromise text on the table met with broad agreement
from the delegations, subject to certain specific points
which were still posing problems for some delegations

WRITTEN QUESTION No 2664 / 91
and to reservations by two delegations .

by Mr Hugh McMahon ( S )
to the Council of the European Communities

( 19 November 1 991 )

( 92 / C78 / 112 )

Subject : Social Charter

Can the Council inform the House what was the outcome
of the meeting of the Social Affairs Council of 14 October

1991 with regard to discussion on matters relating to the
Social Charter and when this matter will next be discussed
by the Council ?

WRITTEN QUESTION No 31 1 1 / 91

by Mr Yves Verwaerde ( LDR )
to the Council of the European Communities

( 24 January 1992 )

( 92 / C 78 / 1 13 )

Subject : Brief report on the meeting of the Council of

Social Affairs Ministers on 6 November 1991

Could the Council give a brief report on the meeting of
the Council of Social Affairs Ministers on 6 November

1991 ?

Joint answer
to Written Questions Nos 2664 / 91 and 3111 / 91

(4 March 1992 )

1 . At its meeting on 14 October 1991, continued on 6
November 1991, the Council :

WRITTEN QUESTION No 2682 / 91
by Mr Gerardo Fernandez     - Albor ( PPE )
to the Council of the European Communities

( 19 November 1 991 )

( 92 / C 78 / 1 14 )

Subject : Special measures in favour of women convicted

for parricide

In the USA certain authorities are considering
introducing and applying special measures to bring about
the early release of women serving prison sentences for
having murdered their husbands .

In view of the special circumstances which usually
surround such crimes, such as uncontrollable fear and
other psychic disturbances, it is felt that the generally
heavy sentences passed on the women in question ought
to be reviewed .

Does the Council think that the example set by various US
State governors should be followed established a
Community body to investigate the need to review
sentences on women who have committed murder —

30 . 3 . 92 Official Journal of the European Communities No C 78 / 55

where there are major attenuating circumstances — and WRITTEN QUESTION No 2707 / 91
introduce special measures based on the principle of by Mrs Brigitte Ernst de la Graete ( V )
fairness ? to the Council of the European Communities

( 21 November 1991 )

( 92 / C 78 / 116 )

Answer

(4 March 1992 )

The Honourable Member 's Question does not fall within

the sphere of Community competence . The Council is
therefore unable to comment .

Subject : Imports of meat from the United States to the

EC

With effect from 14 October 1991, the Council decided to

authorize imports of fresh beef and veal and pigmeat
from approved US abattoirs approved by the
Commission .

What guarantees has the Council secured regarding the

ban on the use of growth hormones for fattening
imported cattle ?

How will checks be organized ?

WRITTEN QUESTION No 2688 / 91

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

( 19 November 1 991 )

( 92 / C 78 / 115 )

Subject : Classifying initiatory ' ragging ' as a criminal

offence

The recent decision of the Spanish State Prosecutor to

request that initiatory ' ragging ' be classified as a criminal
offence has once again highlighted the gap that exists in
this connection in the national legislation of the Member

States .

Both the humiliating nature of such initiation rites and the
occasionally serious physical injuries they cause suggest
that they should be banned from our social, working and
professional life once and for all ; such degenerate
practices are, more than anything else, a safety valve for
the growing aggressiveness of certain social groups .

Does the Council agree that, to eradicate the spreading,
degreading social practice of initiatory ' ragging ', it should
take steps to have it classified as a criminal offence in the
national law of the Member States, so as to protect both
the dignity and physical well-being of potential victims of
this decadent social practice ?

Answer

(4 March 1992 )

The Council requests the Honourable Member to refer to
the reply given by the President of the Council on 20
November 1991 to her Question No H - 1072 / 91 .

            - WRITTEN QUESTION No 2709 / 91

by Mrs Martine Lehideux ( DR )
to the Council of the European Communities

( 21 November 1991 )

( 92 / C 78 / 1 17 )

Subject : AIDS contamination through blood transfusions

There is currently a scandal in France involving the
contamination of haemophiliacs through blood
transfusions . This scandal may be described as a crime
against mankind since the transfusions were given even
though the doctors and political leaders knew that the
blood was infected, thereby passing on the AIDS virus to
healthy persons .

Can the Council state whether blood supplies in the
twelve EC Member States have been screened and "
destroyed if infected and that there is no possibility of a
Answer person receiving a blood transfusion today being
contaminated by such blood ?

( 18 February 1 992 )

It is not for the Council to assess whether initiatory
' ragging ' should constitute a criminal offence in the
national legislation of Member States .

Answer

(4 March 1992 )

The Council has for several years been concerned about
the particular risks involved in the use of human blood or

No C 78 / 56 Official Journal of the European Communities 30 . 3 . 92

human plasma as raw material for the manufacture of
medicinal products .

That is why in 1989 the Council adopted
Directive 89 / 381 / EEC ( ! ) specific to medicinal products
derived from human blood or human plasma to improve
public health protection in this area .

This Directive, which must be implemented in the

Member States from 1 January 1992 for new medicinal
products derived from human blood or human plasma
and which is to be progressively extended by 3 1 December

1992 to existing medicinal products, imposes a number of
rules — applicable in the same manner to both public and
private establishments and to blood and plasma imported
from third countries — designed to guarantee the quality,
safety and efficacy of such medicinal products . In
particular, before an authorization to market a medicinal
product derived from human blood or human plasma can
be obtained, the manufacturer must demonstrate ability
to guarantee batch-to-batch consistency and the absence
of specific viral contamination .

It should also be noted that the 1991-1994 plan of action
adopted under the ' Europe against AIDS ' programme by
joint decision of the Council and the Ministers for Health
meeting within the Council Decision 91 / 317 / EEC ( 2 )
includes among the measures to prevent HIV
transmission ' the promotion of Community
self-sufficiency in blood products by continuing the
efforts made to ensure transfusion safety '.

That being so, it is not for the Council to reply to the
Honourable Member 's question since it involves assessing
the nature, content and effectiveness of the measures
taken by the Member States, but, where appropriate, for
the Commission — insofar as it comes under the heading
of the application of Community acts such as
Directive 89 / 381 / EEC .

(■) OJ No L 181,28.6 . 1969, p . 44 .
O OJ No L 175, 4 . 7 . 1991, p . 26 .

WRITTEN QUESTION No 2716 / 91

by Mr Herman Verbeek ( V )
to the Council of the European Communities

( 21 November 1 991 )

1 . that an unconditional food security clause should be

incorporated in any GATT agreement,
acknowledging the policy sovereignty of developing
countries in matters concerning staple food
production, notably by recognizing a fundamental
distinction between subsidies used in the North to
perpetuate overproduction and export dumping, and
subsidies used in the South to raise self-sufficiency,
protect rural employment and promote environmental
sustainability ;

2 . that any agreement should allow governments to

implement supply management policies and farm
management programmes aimed at reducing output
by supporting less intensive forms of production ;

3 . that national or state legislatures retain sovereignty in

trade matters concerning public health and the
environment, and that they adopt the highest
international standards ;

4 . that any amendment of the GATT should be proposed

so that the treaty does not infringe either existing or
future international environmental agreements ( e.g.
the Montreal Protocol, the Climate Change
Convention ) or national efforts to raise environmental
standards ?

Answer

(4 March 1992 )

It is not for the Council to state a position on proposals
made by non-governmental organizations .

The Council can, however, inform the Honourable

Member that most of the questions to which he refers are
currently being discussed in the agricultural negotiations
under the Uruguay Round, although it is not possible to
forecast the outcome at this stage .

WRITTEN QUESTION No 2727 / 91

by Mr John Cushnahan ( PPE )
to the Council of the European Communities

( 92 / C 78 / 1 18 ) ( 21 November 1 991 )

( 92 / C 78 / 119 )
Subject : Agricultural trade negotiations and the
environment

Subject : Employee financial participation

Can the Council express its opinion on the following
proposals, put forward in an open letter ( 20 July 1991 )
from a great number of non-governmental bodies from all
over the world to Mr Dunkel, Secretary-General of
GATT :

What progress has the Council made in considering the

draft recommendation on employee participation in the
profits and results of their company (' Pepper ') which was
suggested by the Commission recently ?

30 . 3 . 92 - Official Journal of the European Communities No C 78 / 5 /

Answer

(4 March 1992 )

The draft recommendation referred to by the Honourable

Member is at present being studied by the competent
Council Working Party, which will state its position on it
at a later meeting .

WRITTEN QUESTION No 2736 / 91

by Mr Sotiris Kostopoulos ( S )
to European Political Cooperation

( 21 November 1991 )

( 92 / C 78 / 120 )

Subject : Voting rights of Community citizens

More than 4 000 women from various European
countries are married to Greeks living on the island of
Rhodes . According to the ' International Dodecanese
Society ' these women are keen to take part in public
affairs and one of their aims is to gain the right to vote in
local elections .

Will EPC say what stage has been reached in the

Intergovernmental Conference talks preparatory to the
European Council at Maastricht to resolve this problem
for Community citizens ?

Answer

( 28 February 1 992 )

The question raised by the Honourable Parliamentarian

does not fall within EPC competence .

WRITTEN QUESTION No 2789 / 91

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

( 22 November 1 991 )

( 92 / C 78 / 121 )

Subject : Mortality among alcoholics and smokers

What has the Council done over the past 12 months to
prevent the 30 000 deaths among alcoholics and 220 000
deaths among smokers in the European Community ?

Answer

( 17 February 1992 )

1 . In the last 12 months, the Council, which is well
aware of the harm done by tobacco and alcohol abuse in
the Community, has continued its work under the second
action plan against cancer which is the subject of the
Decision of the Council and the representatives of the
Governments of the Member States, meeting within the
Council, of 17 May 1990 (') and relates to the period

1990-1994 .

On 1 1 November, the Council adopted a common
position with a view to the adoption of the Directive
amending Directive 89 / 622 / EEC on the labelling of
tobacco products which supplements the provisions
regarding products other than cigarettes and provides for
a ban on certain types of chewing tobacco .

The Council will press ahead with its discussions on the
ban on advertising tobacco products in the light of the
European Parliament 's opinion on the amended proposal
for a Directive relating to it as soon as it has received it .

2 . As regards alcoholism, the Council and the
representatives of the Governments of the Member States
adopted a resolution on alcohol abuse in 1986 ( 2 ) but to
date the Council has not received any Commission
proposals on the matter .

O OJ No L 137 / 90, p . 31 .
O OJNoC 184 / 86, p . 3 .

WRITTEN QUESTION No 2855 / 91

by Mr Ernest Glinne ( S )

to the Council of the European Communities

( 5 December 1 991 )

( 92 / C 78 / 122 )

Subject : Drugs trafficking from the Dominican Republic

San Francisco de Maconis ( 200 000 inhabitants ) in the
Dominican Republic has for several years been a
prospering in a general climate of poverty as a result of
drugs trafficking, to the extent that it is referred to as
' Villa Narco ' ( because of its increasingly affluent
residential district ) of the ' Caribbean Medellin '.
Operations are targeted mainly at New York through
Puerto Rico and Florida and the organization apparently
also has branches in Europe .

What steps has the Council taken or is it taking to help
prevent and put an end to drugs trafficking ? Is it prepared
to make the granting of Community aid ( bilateral aid,
multilateral aid and aid granted under Lome IV )

No C 78 / 58 Official Journal of the European Communities 30 . 3 . 92

conditional upon the implementation by the Dominican
authorities of a serious programme to eradicate drugs
trafficking ?

Answer

( 17 February 1992 )

The Council would first point out that, generally

speaking, the Community supports action taken at
international level to combat drugs trafficking ; in this
connection, mention should be made of the Community 's
signing of the 1988 Vienna Convention and of the
conclusion on behalf of the Community on 22 October

1990 .

The Community also sees to it that provisions relating to
the fight against drugs trafficking are included in the
agreements it concludes with third countries . This is true
in particular of the Lome IV Convention ( Article 159(k )).

WRITTEN QUESTION No 2858 / 91

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

( 5 December 1 991 )

( 92 / C 78 / 123 )

Subject : Impending ecological disaster along the Pacific

coast of Central America

Following the disappearance of the dense forests on the
Pacific coast of Central America, the land has been used
for non-environment-friendly forms of cultivation, in
particular cotton-growing, which involves the excessive
and unselective spraying of increasingly effective
pesticides, particularly from aircraft . Organochlorines,
DDT, heptachlor and parathion are particularly
dangerous . Organochlorines, which are prohibited in the
United States may remain active for up to 15 years in the
contaminated soil and the American Food and Drug
Administration has been known to refuse to allow
consignments to enter the North American market on
public health grounds .

Concern for quick and substantial profits is leading the
country 's large landowners to neglect the medium - and
long-term future of the areas concerned, of plant and
animal species, and of the local inhabitants and to
disregard the safety and health of workers . These
landowners are supplied in particular by multinational
undertakings based in Europe ( Bayer, Ciba-Geigy and
Shell ) or elsewhere ( Chevron, Stauffer, Hooker etc .). The
results are bordering on the disastrous, as evidenced by
the fact that between 1960 and 1970 Central America

alone absorbed 40% of North American insecticide
exports which gave it the distinction of being the largest
per capita pesticide consumer in the entire world !

Will the Council look into this matter and contribute to

an international programme for the elimination of
dangerous insecticides, the introduction of balanced
crop-farming with a view to achieving self-reliance,
particularly by using alternative means to protect the land
under cultivation .

Answer

(4 March 1992 )

1 . The Honourable Member 's question, which applies
in fact to a much wider framework than that of the Pacific
coast of Central America alone, refers firstly to the ban on
certain dangerous substances and secondly to the
Community 's contribution to alternative, more
environmental-friendly methods of development .

For the first aspect, the Honourable Member should refer
to the reply the Council gave to his Written Question
No 2337 / 91 and No 2533 / 91 setting out the different
provisions adopted by the Council permitting, where
appropriate, a ban on dangerous substances .

2 . For the second aspect, although it is not for the
Council to comment on the choice of method of
development ( whether or not geared to self-reliance ) of a
particular State, it is very clear that the Council did not
wait for an international initiative before implementing,

notably for the benefit of the ACP States, as this is again
emphasized in the very important chapter on the
environment in Lome IV, a development aid strategy
recognizing the interdependence of the environment and
development and promoting rational use of natural
resources, in particular with regard to the use of pesticides
and other dangerous substances .

3 . On the subject of Central America in particular, it
may be recalled that the guidelines for co-operation with
the developing countries of Latin America and Asia for
the 1990 decade, adopted by the Council at the beginning
of 1991, state that the environment is one of the seven
major areas of priority intervention regarding financial
and technical co-operation .

It is envisaged that the Community will initiate, with the
developing countries of Latin America and Asia, a
dialogue on environmental policy ( on the national,
regional and international levels ), on strategies and the
means for implementing it .

The Council 's guidelines indicate that 10% of the
financial resources to be allocated to co-operation with
the developing countries of Latin America and Asia will be
given over to environmental protection and in particular
to the protection of tropical forests .

30 . 3 . 92 Official Tournal of the European Communities No C 78 / 5

A solution to certain local problems, including the
over-exploitation of natural resources, is of particular
importance .

4 . Finally, more specifically, the Environment Council
meeting on 12 December 1991 reached agreement on a
Regulation concerning Community exports and imports
of certain dangerous chemicals . The Council also adopted
guidelines for further work in preparation for the United
Nations Conference on the Environment and
Development ( Unced ) to be held in Rio de Janeiro from 1
to 12 June 1992 and which should in particular lead to the
development of international legal instruments designed
to protect tropical forests .

WRITTEN QUESTION No 3013 / 91

by Mr Victor Manuel Arbeloa Muru ( S )
to the Council of the European Communities

( 13 January 1992 )

( 92 / C 78 / 124 )

Subject : Harmonization of asylum policies

Does the Commission plan to study in detail the recent
proposal put forward by Italy at the meeting in The
Hague ( 18 September 1991 ) in favour of Community
harmonization of national asylum policies and the
creation of a common body to study immigration
patterns ?

Answer

(4 March 1992 )

In Maastricht the Ministers responsible for immigration
submitted a report on immigration and asylum policy to
the European Council .

The European Council agreed on the programme of work

and the timetable set out and invited the Ministers
responsible for immigration to carry them out .

As regards asylum in particular that report provides for
the examination of measures to approximate the Member
'
States policies .

The European Council also agreed on the draft Treaty on
Political Union which refers to asylum policy as one of
the areas that the Member States regard as questions of
common interest .

A draft declaration states their intention of adopting,

before the beginning of 1993, a common measure to
harmonize certain aspects of that policy .

WRITTEN QUESTION No 3053 / 91
by Mr Carles-Alfred Gasoliba I Bohm ( LDR )

to the Council of the European Communities

( 13 January 1992 )

( 92 / C 78 / 125 )

Subject : Inclusion of Catalan in the Lingua programme

In view of the resolution adopted by the European
Parliament on 11 December 1990 ( A3 - 169 / 90 (')) calling
for the inclusion of Catalan in the Lingua programme and
the fact that the programme is to be reviewed in 1992,
what steps will the Council take to ensure that Catalan is
included in it in July 1 992 ?

(') OJNoC 19,28 . 1.1991, p. 42 .

Answer

(4 March 1992 )

The Council has not received any proposal from the

Commission for the inclusion of Catalan among the
languages specified in the Lingua programme .

WRITTEN QUESTION No 3129 / 91

by Mr Adrien Zeller ( PPE )
to the Council of the European Communities

( 24 January 1 992 )

( 92 / C 78 / 126 )

Subject : Istanbul Convention on Bankruptcy

The European Convention on certain international
aspects of bankruptcy was drawn up under the aegis of the
Council of Europe and presented for signature and / or
signed in Istanbul on 5 June 1990 .

Since the final indent of Article 220 of the Treaty of
Rome and the Convention of Brussels of 27 September

1968 do not apply to bankruptcy proceedings, would it
not be desirable for the 12 Member States of the
European Community to sign and / or ratify the Istanbul
Convention without delay ?

Would it not be desirable for the Council to take an

appropriate decision ?

No C 78 / 60 Official Journal of the European Communities 30 . 3 . 92

Answer

(4 March 1992 )

The final indent of Article 220 of the Treaty states that, so
far as is necessary, Member States are to enter into
negotiations with each other with a view to securing for
the benefit of their nationals the simplification of
formalities governing the recognition and enforcement of
judgments of courts or tribunals .

The Istanbul Convention, drawn up under the aegis of the
Council of Europe, could in fact be a way of achieving the

same aim, although the matters covered are limited while
its geographical scope might be wider than that of the
Community .

It should nevertheless be pointed out to the Honourable
Member that a new draft bankruptcy Convention, based
on Article 220 of the Treaty, is being examined within the
Council and that, if that Convention were concluded
within a relatively short period, as might reasonably be
hoped, it would fully satisfy the objective set in the final
indent of Article 220 .