Source: EURLEX
Language: en
Format: md

# Official Journal

## of the European Communities

### Information and Notices

English edition

ISSN 0378-6986

### C325

Volume 33

24 December 1990

Notice No

90/C325/01

90/C 325/02

90/C 325/03

90/C 325/04

90/C 325/05

90/C325/06

90/C 325/07

90/C325/08

90/C 325/09

90/C325/10

Contents P a e e

I _Information_

European Parliament

_Written Questions with answer_

No 2560/88 by Mr Dieter Rogalla to the Commission
Subject: Delimitation of broadcasting areas (supplementary answer)

No 497/89 by Mr Vincenzo Mattina to the Commission
Subject: Implementation of Community programmes (Erasmus, YES for Europe, etc.) 2

No 513/89 by Mr Domenec Romera i Alcazar to the Commission

Subject: Controls on natural medicines

No 839/89 by Mr Ben Visser to the Commission

Subject: Flight crews

No 850/89 by Mr Juan Garaikoetxea Urriza to the Commission
Subject: Objective 2 of the reform of the structural funds (supplementary answer) 4

No 1077/89 by Mr Andre Sainjon to the Commission
Subject: Registration of vehicles and their use throughout the European Community 5

No 253/90 by Mr Karl von Wogau to the Commission
Subject: British regulations on health and safety at work (protective masks) 6

No 272/90 by Ms Carole Tongue to the Commission
Subject: Problems posed by remanufacturing; that is where old failed units are broken down
into components parts which are then re-examined, resold and reused

No 278/90 by Mr Carlos Robles Piquer to the Commission
Subject: Assessment of specific programmes in the second framework programme for research _^
and development

No 284/90 by Mr Gianfranco Amendola to the Commission
Subject: Compliance with the Directive on the environmental impact assessment in respect of the ^
siting of an industrial plant at Sestri Levante (Italy)

(Continued overleaf)

Notice No

90/C325/11

90/C325/12

90/C325/13

90/C325/14

90/C325/15

90/C325/16

90/C325/17

90/C325/18

90/C325/19

90/C325/20

90/C325/21

90/C325/22

90/C325/23

90/C325/24

90/C325/25

90/C325/26

90/C325/27

Contents (continued) Page

No 311 /90 by Mrs Cristiana Muscardini to the Commission

Subject: Carbon monoxide emissions 9

No 349/90 by Mr Karl von Wogau to the Commission
Subject: Applicability of Council Directive 83/189/EEC to the main principles laid down by the
German Food Register Committee 9

No 351/90 by Mrs Cristiana Muscardini to the Commission

Subject: Creation of instruments to meet the need of the disabled (supplementary answer) 10

No 362/90 by Mr Jaak Vandemeulebroucke to the Commission

Subject: Minority languages and cultures and the audiovisual media 10

No 429/90 by Mr Hemmo Muntingh to the Commission
Subject: Harmful substances dumped or lost at sea in the past 11

No 430/90 by Mr Francois-Xavier de Donnea to the Commission
Subject: Time management seminar for Commission staff given by a Danish consultant 11

No 462/90 by Mr Jose Alvarez de Paz to the Commission

Subject: Coal and the work programme for 1990 12

No 486/90 by Mr Juan de la Camara Martinez to the Commission

Subject: Seat of the European Environment Agency 13

No 532/90 by Mrs Marie Jepsen to the Commission
Subject: Comparability and publication of Member States' investigations into the quality of
bathing water - _*_

No 548/90 by Mr Francesco Speroni to the Commission

Subject: Composition of airliner crews - •*

No 567/90 by Mr Alonso Puerta to the Commission
Subject: Contamination of the Aviles estuary 1 4

No 579/90 by Mr Gerard Monnier-Besombes to the Commission
Subject: Special reserves for the capercaillie (tetrao urogallus) in the Pyrenees 14

No 593/90 by Mr Ian White to the Commission

         -          - 14
Subject: Minimum income

No 612/90 by Mr Llewellyn Smith to the Commission

Subject: Waste-paper recycling

No 616/90 by Mr Gerhard Schmid to the Commission
Subject: AIDS and the internal market

No 621/90 by Mr Ben Visser to the Commission
Subject: Conditions for access to the road transport profession 1 [5 ]

No 774/90 by Mr Florus Wijsenbeek to the Commission

Subject: Application of Community law

Joint answer to Written Questions Nos 621/90 and 774/90 16

```
Notice No

90/C325/28

90/C 325/29

90/C325/30

90/C325/31

90/C325/32

90/C 325/33

90/C 325/34

90/C325/35

90/C325/36

90/C 325/37

90/C325/38

90/C325/39

90/C325/40

90/C325/41

90/C325/42

90/C325/43

90/C 325/44

```

```
Contents (cpntinued) p age

```

No 647/90 by Mrs Raymonde Dury to the Commission
Subject: Promotion of carcinogenic barbecues by the EEC 16

No 661/90 by Mrs Hiltrud Breyer to the Commission
Subject: Damage to the ozone layer 17

No 671 /90 by Sir James Scott-Hopkins to the Commission
Subject: Eurocodes 18

No 717/90 by Mr Luigi Moretti and Mr Fransceso Speroni to the Commission

Subject: The independence of EC Commissioners 19

No 745/90 by Mrs Lissy Groner to the Commission

Subject: Education policy 19

No 751/90 by Mr Hemmo Muntingh to the Commission
Subject: Progress report on the protection of monk seals in the National Park of the Northern
Sporades - • • • 19"

No 801 /90 by Mr Victor Manuel Arbeloa Muru to the Commission

Subject: Coordination of health policies against drugs 20

No 821/90 by Mr Kenneth Stewart to the Commission

Subject: The environmental impact of recent and current dock related activities in the Bootle
and Liverpool,area of the United Kingdom 20

No 1544/90 by Mr Kenneth Stewart to the Commission
Subject: The environmental impact of recent and current related activities in the Bootle and
Liverpool area of the United Kingdom 21

Joint answer to Written Questions Nos 821 /90 and 1544/90 21

No 823/90 by Mr Reinhold Bocklet to the Commission

Subject: Hormones in Belgian beef

No 827/90 by Mrs Sylviane Ainardi to the Commission

Subject: Mediterranean fisheries

No 858/90 by Mr Joaquin Siso Cruellas to the Commission
Subject: Withdrawal of radioactive lightning conductors 23

No 862/90 by Mrs Winifred Ewing to the Commission
Subject: Investigations into agricultural fraud 23

No 863/90 by Mr Alonso Puerta to the Commission
Subject: Construction of a special drainage system for certain types of effluent in the municipality of Corvera (Asturias — Spain) - 24

No 865/90 by Mr Carles-Alfred Gasoliba I Bohm to the Commission
Subject: Life assurance contracts combining assurance on survival and assurance on death 24

No 866/90 by Mr Ernest Glinne to the Commission
Subject: Accession of the Community to the European Convention on Human Rights 25

No 900/90 by Mr Luigi Vertemati to the Commission

Subject: 'Clean products'

(Continued overleaf)

Notice No

90/C325/45

90/C 325/46

90/C 325/47

90/C 325/48

90/C 325/49

90/C 325/50

90/C325/51

90/C325/52

90/C325/53

90/C325/54

90/C325/55

90/C325/56

90/C325/57

90/C325/58

90/C325/59

90/C325/60

90/C325/61

90/C325/62

Contents (continued) Page

No 923/90 by Mr Ernest Glinne to the Commission

Subject: Use of budget Article 636 to defend and promote the less common languages 26

No 931/90 by Mr Paul Staes to the Commission
Subject: Involvement with CEADS 27

No 942/90 by Mr Filippos Pierros to the Commission - - • .
Subject: New uses for flax 27

No 953/90 by Mrs Raymonde Dury to the Commission

Subject: Standardization of RDS route guidance by radio for cars 28

No 978/90 by Mr Joaquin Siso Cruellas to the Commission

Subject: Environmental impact of a projected plant for recycling aluminium salts in Alquife
(Granada) 29

No 1053/90 by Mrs Mary Banotti to the Commission

Subject: Hare coursing 29

No 1063/90 by Mr Ernest Glinne to the Council

Subject: Pension funds in the iron and steel industry 29

No 1084/90 by Mrs Winifred Ewing to the Commission

Subject: Community aid for nuclear industry job loss areas ., 30

No 1091/90 by Mr Jean-Pierre Raffarin to the Commission

Subject: Homeopathic products 3U

No 1107/90 by Mr James Ford to the Commission

Subject: Portable pension rights

No 1116/90 by Mr Proinsias De Rossa to the Commission

31
Subject: Nuclear safety inspectorate

No 1124/90 by Mr Thomas Maher to the Commission

Subject: Statistics on net employment and net emigration and net migration 32

No 1210/90 by Mr Francois-Xavier de Donnea to the Commission

Subject: Maximum levels for exposure to radon 

No 1216/90 by Mr Francois-Xavier de Donnea to the Commission

Subject: Creation of an EEC/India Business Council 

No 1249/90 by Mr Jose Valverde Lopez to the Commission
Subject: Programme for the recycling of saline sludge produced by aluminium refining plants . 34

No 1292/90 by Mrs Johanna-Christina Grund to the Commission

Subject: Discharge of waste substances into the Elbe

No 1336/90 by Mr Alonso Puerta to the Commission
Subject: Radiation at the Energy, Environment and Technology Research Centre (Madrid - ^

Spain) - '

No 1350/90 by Mr Llewellyn Smith to the Commission
Subject: Euratom safeguards report — paragraph 27

Notice No Contents (continued)

90/C325/63

90/C 325/64

90/C325/65

90/C 325/66

90/C 325/67

90/C325/68

90/C 325/69

90/C 325/70

90/C325/71

90/C 325/72

90/C325/73

90/C325/74

90/C 325/75

90/C325/76

90/C325/77

90/C325/78

90/C325/79

90/C325/80

No 1352/90 by Mr Llewellyn Smith to the Commission

Subject: Euratom safeguards report — plutonium-contaminated material 36

No 1388/90 by Mr Jean-Claude Pasty to the Commission

Subject: Proposal for a Council regulation on the marketing of game meat (COM(89) 496 final) 36

No 1403/90 by Mrs Christine Oddy to the Commission

Subject: Right to strike in the European Community, 36

No 1430/90 by Mr Alonso Puerta to the Commission

Subject: The application of Directive 80/336/EEC in Spain 37

No 1449/90 by Mr Ian White to the Commission

Subject: Cosmetics testing on animals 37

No 1522/90 by Mr Gordon Adam to the Commission

Subject: Formaldehyde emissions . . ., - 37

No 1553/90 by Mrs Christine Crawley to the Commission

Subject: Centralized information to reduce animal tests 38

No 1583/90 by Mr Madron Seligman to the Commission

Subject: Cost to local authorities of implementing directives 38

Nol589/90byMr Gerard Deprez to the Commission

Subject: Assessment of the economic and social impact of German unification on the internal

market

No 1633/90 by Mr Giuseppe Mottola to the Commission

39
Subject: Water quality in Naples - - •

No 1672/90 by Mrs Christine Oddy to the Commission

... 40
Subject: Synroc "

No 1682/90byMrsGuadalupeRuiz-GimenzAguilartotheCommission

Subject: Exportation of toxic waste to the Third World

No 1699/90 by Mr Bouke Beumer to the Commission
Subject: Export of sal-ammoniac pastilles

No 1731/90 by Mr Herman Verbeek to the Commission
Subject: Community aid for Philips - [; ]

No 1741/90 by Mr Jose Alvarez de Paz to the Commission

Subject: Statistics on immigrants from third countries

No 1788/90 by Mrs Mechtild Rothe to the Council
Subject: Loss of citizenship by a Greek national for alleged*efusal to perform military service in ^

Greece

No 1893/90 by Mr Antoni Gutierrez Diaz to the Council
Subject: Murder of six Jesuits in El Salvador - • • 

No 1912/90 by Mr Victor Manuel Arbeloa Muru to the Foreign Ministers meeting in

European Political Cooperation
Subject: Human rights in Haiti

(Continued overleaf)

Notice No

90/C325/81

90/C325/82

90/C325/83

90/C325/84

90/C325/85

90/C325/86

90/C325/87

90/C325/88

Contents (continued) Page

No 1915/90 by Mr Victor Manuel Arbeloa Muru to the Foreign Ministers meeting in
European Political Cooperation
Subject: Human rights in Guatemala 43

No 1930/90 by Mr Carlos Robles Piquer to,the Commission
Subject: New evidence of Europe's backwardness in the field of biotechnology ....." 44

No 1945/90 by Mrs Hiltrud Breyer to the Commission
Subject: Deliberate release into the environment of genetically modified organisms 44

No 1953/90 by Mrs Cristiana Muscardini to the Council
Subject: Fire prevention and control in the Community 45

No 1959/90 by Mr Peter Crampton to the Commission

Subject: Radiation dose limits for workers - 46

No 2012/90 by Mr Alexander Langer to the Foreign Ministers meeting in European

Political Cooperation
Subject: Diplomatic initiatives concerning violent incursions by 'garimpeiros' into Yanomani
native territory in the State of Roraima (Brazil) 46

No 2062/90 by Mr Ernst Glinne to the Council
Subject: European Community contribution to the programme to safeguard Amazonia and the
problems caused by mineral prospecting in Yanomami territory and by the Calha Norte and
Calha Sud projects

No 2066/90 by Mr Ernest Glinne to the Foreign Ministers meeting in European

Political Cooperation
Subject: Restoration of a Duvalier-style regime in Haiti

24. 12. 90 - Official Journal of the European Communities No C 325/1

##### I

_(Information)_

#### EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER

WRITTEN QUESTION No 2560/88

by Mr Dieter Rogalla (S)

to the Commission of the European Communities

_(17 March 1989)_

(90/C 325/01)

_Subject:_ Delimitation of broadcasting areas

1. Is it true that the Member States have and make use

of the technical possibility of directing television or radio
broadcasts from their territory so as to ensure that
reception beyond their national boundaries is kept to a
minimum?

2. Is it true that France uses similar technical devices to

prevent broadcasts from the Federal Republic of
Germany being received in Strasbourg, for example?

3. If so, what views does the Commission take of this
in the European context, particularly in the light of
Article 5, which calls for mutual support in the
achievement of European integration?

4. Does the Commission have any legal or practical
means of influencing the Member States with a view to
securing improved cooperation and mutual support? Has
it made use of these possibilities, to what extent and with
what measurable degree of success?

Supplementary answer given by Mr Bangemann
on behalf of the Commission

_(31 July 1990)_

Further to its answer of 16 May 1989 ('), the Commission

is now able to inform the Honourable Member of its

findings.

1. There is international planning of the allocation and
introduction of frequencies for the transmission of
radio and television broadcasts. In the case of

. over-the-air television and FM radio, the procedures
laid down under the European VHF/UHF
Broadcasting Conference (Stockholm 1961) are
intended to prevent interference and disturbances, for

example by limiting as far as possible the overspill of
broadcast signals beyond the areas for which they are
intended. Thus, where new frequencies are to be
introduced in frontier areas, the applicant country
must consult the authorities in neighbouring
countries.

However, the reception within a country of television
and radio broadcasts transmitted from neighbouring
countries does not benefit from the same safeguards
as the reception of national broadcasts, and it may be
the case that some, new frequencies adversely affect
the reception of broadcasts from neighbouring
countries.

2 and 3. The French authorities have informed the

Commission that, in the case of Strasbourg, a new FM
frequency allocation has been introduced in Alsace,
with the agreement of the authorities in the Federal
Republic of Germany and after the 'Conseil Superieur
de l'Audiovisuel' had published the authorizations in
January 1989. According to the French authorities, the
changes have if anything helped to improve the
reception of broadcasts from Germany, some of
which had been adversely affected by the proximity of
many FM stations in Strasbourg.

4. Community law provides a basis for ensuring the free
movement of radio and television broadcasts. Under

Article 59 of the EEC Treaty, broadcasting is covered
by the principle of freedom to provide services.
Application of this principle is facilitated, as far as
television broadcasts are concerned, by Council
Directive 89/552/EEC of 3 October 1989 on the

coordination of certain provisions laid down by law,
regulation or administrative action in Member States
concerning the pursuit of television broadcasting
activities ( [2] ). Community law does not allow Member
States to take measures limiting the cross-frontier
spillover of broadcasts where such measures cannot be
justified by the exemptions provided for in the Treaty,
as expounded in the case law of the Court of Justice of
the European Communities.

O OJNoC174,10.7. 1989.
O OJNoL298,17.10.1989.

No C 325/2 Official Journal of th<

WRITTEN QUESTION No 497/89

by Mr Vincenzo Mattina (S)

to the Commission of the European Communities

_(12 October 1989)_

(90/C 325/02)

_Subject:_ Implementation of Community programmes
(Erasmus, YES for Europe, etc.)

Various programmes for young people have been newly
launched by the European Community or are
well-established. Can the Commission indicate:

1. the stage reached in implementing the programmes
throughout the EEC;

2. the number of young people involved in each

programme in each country;

3. the universities so far involved in the Erasmus

programme and the number of students in each
university and faculty;

4. the resources earmarked by the governments of the
twelve Member States — in addition to Community
resources — with a view to increasing the number of
young people participating in the programmes;

5. its plans with respect to making best use of existing

programmes and launching new ones?

Answer given by Mrs Papandreou

on behalf of the Commission

_(29 May 1990)_

1. Erasmus programme

The first three-year phase of the Erasmus programme has
met with great success as about 1500 institutions
participate in the inter-university cooperation network. In
the academic year 1988/90 a total of 1 500 programmes
received financial support. The distribution of these
programmes is as follows; Belgium: 129; Federal Republic
of Germany: 190, Denmark: 48; Spain: 135; France: 238;
Greece: 31; Italy: 184; Ireland: 37; Luxembourg: 1;
Netherlands: 140; Portugal: 41; United Kingdom: 288

_Youth for Europe programme_

The programme had its first operational year in 1989. All
Member State have established the Agencies through
which the programme is coordinated at national level, and
these are in general functioning well. The Commission
will transmit directly to the Honourable Member and to
the Secretariat of Parliament the annual report as soon as
it becomes available.

2. Erasmus programme

During the academic year 1989/90 a total of 27 452
students benefited from an Erasmus grant. The
distribution of this total is as follows: Belgium: 1 358;
Federal Republic of Germany: 4 235; Denmark: 538;

European Communities 24.12.90

Spain: 2 716; France: 6 103; Greece: 437; Italy: 2 296;
Ireland: 748; Luxembourg: 15; Netherlands: 1 771;
Portugal: 446; United Kingdom: 6 789. These figures
represent the absolute number of students involved, but
not the volume of financial support provided to each
Member State since the period of study spent abroad
varies considerably from case to case.

_Youth/or Europe programme_

Provisional figures suggest that, up to the end of August
1989, some 20 500 young people had participated in the
programme: Belgium: 1 223; Federal Republic of
Germany: 2 331; Denmark: 792; Spain: 1 _777;_ France:
3 778; Greece: 1068; Italy: 1514; Ireland: 444;
Luxembourg: 833; the Netherlands: 669; Portugal: 1318;
United Kingdom: 3 248; Multilateral — 1419.

3. Erasmus programme

The Commission publishes every year a directory of all
inter-university cooperation programmes (ICPs) with the
names of the universities involved (for 1989—90 the
directory will be published in April 1990).

The Commission has no information on the number of

students per university.

4. Erasmus programme

No precise figures are available on the supplementary
funding for the Erasmus programme made available by
individual Member States. However, the governments of
France, Italy and Spain have announced a complementary
provision of scholarships for Erasmus students of ECU
1 435 000, ECU 3 300 000 and ECU 1 000 000 per annum
respectively. In addition various regional authorities have
also introduced schemes of complementary funding.
Certain other Member States have generous systems of
national study abroad grants from which Erasmus
students benfit (Federal Republic of Germany, Denmark,
United Kingdom).

_Youth fo_ _r_ _Europe programme_

Since most Member States already had resources devoted
to activities parallel to those of Youth for Europe (e.g.,
through bilateral cultural conventions), it is not possible
to calculate additional resources made available in this

way. The Community's contribution does not normally
exceed 50% of cost, and some Member States add
additional funding to come up to 100 % of costs.

5. Erasmus programme

The extensive evaluation of the first three years of
Erasmus highlighted certain problems that need to be
addressed in Phase II of Erasmus and have already led to
modifications introduced in the Council Decision of 14

December 1989, mainly:

24. 12. 90 Official Journal of the European Communities No C 325/3

(a) The introduction of pluriannual funding of
Inter-university cooperation programmes.

(b) Confirmation that the programme includes students
up to and including doctorate level.

(c) A call for an integrated period of foreign language
preparation and whenever possible to be commenced
in the country of origin before departure.

(d) Modifications in the parameters for allocating the
student grants budget to each-Member State which
reflect the costs of travel and cost of living.

(e) The extension of the Erasmus programme to
" students seeking a further qualification in another

Member State provided they do so within an
Inter-university cooperation programme.

_Youth for Europe programme_

The Commission will present proposals for the extension

of the activities carried out under the Youth for Europe

programme before the end of 1990.

WRITTEN QUESTION No 513/89

by Mr Domenec Romera i Alcazar (PPE)

to the Commission of the European Communities

_(13 October 19.89)_

(90/C 325/03)

_Subject:_ Controls on natural medicines

Has the Commission considered carrying out healthcontrols at Community level on any types of natural
medicines, in view of the possible toxicity of some active
substances of plant origin?

Bearing in mind, moreover, that in the Federal Republic
of Germany such measures have already been in force for
some time, does the Commission not consider that such
controls, which would also apply to Community imports
from third countries, are absolutely essential?

Answer given by Mr Bangemann
on behalf of the Commission

_(5 April 1990)_

A distinction should be made between herbal medicinal

products, which form part of conventional medicine, and
homeopathic medicinal products, which are challenged by
certain practitioners of conventional medicine.
Conventional medicine eradicates a disease by combating
the cause, or, if this is not possible, the treatment of the
symptoms, whereas homeopathy claims to cure the
patient by administering very small doses of a substance

that produce symptoms similar to those caused by the
disease.

1. Herbal medicinal products have been subject since
1977 to the general rules of Directive 75/318/EEC on
marketing authorization ( [1] ). In 1989, the Commission
furthermore published, in agreement with the
Committee for Proprietary Medicinal Products, a
special explanatory note designed to ensure the
quality of such medicinal products. However, old
medicinal products which were already on the market
before 1977 have to be re-examined by each Member
State, in accordance with Commission rules, by the
end of 1990( [2] ).

2. Homeopathic medicinal products are the subject of
two proposals for directives ( [3] ), which the
Commission recently adopted, one of them
concerning medicinal products for human use, and the
other medicinal products for veterinary use. In view of
the very different medical opinions involved, the
preparatory work proved to be extremely difficult, but
finally led to a broadly favourable opinion being
expressed by both the Consumers Consultative
Committee and the directors of pharmacy of the
Member States. The proposals do not take sides for or
against a specific medical practice but, as the
Honourable Member wishes, provide European
consumers with guarantees as regards quality and
above all the harmlessness of homeopathic medicinal
products.

3. In both cases, Community legislation covers only
medicinal products distributed on a large scale, i.e.
those which are industrially manufactured and are
likely to entail a risk to the general public, in particular
through intra-Community trade. This does not affect
the right, in accordance with the national legislation in
force, to prescribe or to prepare medicinal plants
gathered or used individually or alternative medicines
produced in accordance with magistral or officinal

formulae.

(*) OJ No L 147,9.6.1975.
O Article 39 of Directive 75/319/EEC; OJ No L 147,9.6.1975.
( [J] ) COM(90) 72 final.

WRITTEN QUESTION No 839/89

by Mr Ben Visser (S)

to the Commission of the European Communities

_(29 November 1989)_

(90/C 325/04)

_Subject:_ Flight crews

The European civil aviation authorities have jointly
imposed additional safety standards for the granting of

^ o C M ^ B ^ Official Journal of thi

certificates of airworthiness t o B o e i n ^ ^ ^ ^ O O aircraft

^hile this initiative is to be welcomed the civil aviation

authorities have not considered the question of the
composition of flight crews^ As early as t ^ O doubts were
e^opressedin thel^Aconcernin^aircraftoperatedby
twoman flight crews. Apresidential Task force on
Aircraft Crew Complement concluded thatatwo^man
Ri^ht crew was sate provided the following conditions

weremet^

L certification of software for digital avionics and flight
control systems,

2. the possibility of direct communication,
independently of the cockpit, between the cabin staff
and ground services durin^fli^hts^

o5 improvement of air^traffic control

According to the European flight En^ineers^
Organization, noTie of these conditions has been fulfilled.

L In view of the recent accidents involving Boeing
B^^^^^O aircraft^ does the Commission consider thata

closer investigation should be made of the safetyof
aircraft operated bytwomanfli^htcrews^

2. Canthe Commission investigate the extent to which
the Europe civil aviation authorities took account of
the conditions stipulated by the Task force and
inform us of its f i n d i n g

^^ L^oes the Commission consider thatatwo^man flight
crew is acceptable on longdistance flights also,when
none of the conditions laid down by theTask force
has been fulfilled, ^iventhatthe density of airtraffic is
rapidly increasing

Answer^ivenby^rVa^^iert
on behalf of the Concussion

Themajority of flights incivilpassen^er transport are
effected by aircraft with twoDmancrews^ experience does
not show that such operations pose safetyproblems.

The aviation industry has carried out a considerable
amount of research in the development of hi^h
technology avionics and control systems to reduce crew
workloads in operations that have traditionally been
[carried out by threeDmancrews.lt has been demonstrated,](http://threeDmancrews.lt)
to the satisfaction of the aviation authorities throughout
theworld,thatsuch operations are safe.

f^owever,in addition to crewworkload, account has to be
taken of the length of flight and working environment. As
part of this programme on safety and health at work, the
Commission is undertaking ane^amination of the risks
connected with transport activities,withaview to making
proposals foraCouncil directive. This includes protection

European Communities 2 ^ 1 2 . ^ 0

of aircraft crew against the risks to which they are
exposed in the course of work, such as noise, changes in
pressure and vibration, and to effects of particular
patterns of shift workand thecrossin^of many time
zones.Thefindin^s and criteriaof thellnited States

Presidential Task force will be taken account of in

deciding appropriate measures for Community action in
thisfield.

WRITTEN QUESTION No 850/89

by Mr Juan Garaikoetxea Urriza (ARC)

to the Commission of the European Communities

_(29 November 1989)_

(90/C 325/05)

_Subject:_ Objective 2 of the reform of the structural funds

What will be the overall total of the funds allocated to the

Basque Country as an Objective 2 region over the next
three years?

Can the Commission supply a list of the funds allocated to
the other Community regions included under Objective 2
at NUTS II level?

Supplementary answer given by Mr Millan
on behalf of the Commission

_(7 May 1990)_

further to its answer of 31 January 1990 ('), the
Commission is now in a position to give the information
below.

The Community support framework for the areas of
Spain covered by Objective 2 was adopted by the
Commission on 14 March 1990.

The breakdown of Community amounts is as follows:

_(in_ _ECU million)_

Aragon

Cantabria

Catalonia

Madrid

Navarre

Rioja

Basque Country

Multiregional

Total

21,41

15,24

130,08

26,52

10,94

5,36

82,21

358,24

650,00

These figures include funds from the ERDf and the ESf.
The Objective 2 areas of Spain qualify also under ESf

24. 12. 90 Official Journal of the European Communities No C 325/5

projects for 1989 (ECU 29 million) and under the
Community's STAR, VALOREN and RESIDER
programmes now in hand.

O OJNoC97,17.4.1990, p. 32.

WRITTEN QUESTION No 1077/89

by Mr Andre Sainjon (S)

to the Commission of the European Communities

" _(19 December 1989)_

(90/C 325/06)

_Subject:_ Registration of vehicles and their use throughout
the European Community

In the run-up to the internal market in 1992 two
fundamental principles embodied in the Treaty of Rome,
the free movement of goods and the free movement of
persons, are being hampered by the lack of harmonization
between the Member States in respect of the law on
vehicle registration and customs formalities.

As a result, a company financing private and commercial
vehicles on long lease (exceeding 12 months) for
companies whose registered office is situated in France is
now encountering almost insurmountable problems.

The vehicles are supplied in France and intended for use
throughout the Community, since the companies renting
the cars, which are constituted under French law, are

established in one of the other 11 Member States. These

vehicles will return to France on expiry of the rental
period.

1. What rules apply to companies constituted under
French law and established in one of the 11 other

Member States wishing to hire private and commercial
vehicles for long periods for use throughout the
Community?

2. If these vehicles are registered in France, can they be
used freely and continuously throughout the
Community without being subject to taxation or
customs formalities?

If not, should the vehicles be registered in the host
country and what procedures should be followed ?

Are Community rules being drawn up in this area
harmonizing the relevant legislation in the different
Member States?

Answer given by Mrs Scrivener
on behalf of the Commission

_(4 May 1990)_

As regards passenger vehicles, a 1983 tax directive (*)
represents a first major step towards resolving a good
many of the practical problems associated with the
temporary importation into a Member State of passenger
vehicles registered in another Member State, even though
it excludes in principle the use of such vehicles by a
resident of the Member State of temporary importation.

Thus, for example, passenger vehicles used privately may
be imported exempt from turnover tax, excise duties and
any other consumption tax and also from a number of
other taxes including, in France, the differential tax on
motor vehicles and the tax on motor vehicles registered as
private vehicles and powered* by an engine with a rating
for tax purposes of more than 16 hp. This exemption is
granted for a period, continuous or otherwise, of not
more than six months in any twelve months. In the case of
passenger vehicles belonging to leasing firms whose
registered office is situated in the Community, such
vehicles may,even be re-hired, with a view to being
re-exported, to a non-resident or, if the Member State of
temporary importation so permits, a resident, where they
are in the country as a result of a leasing agreement which
expired there. „ "

This re-hiring constitutes a taxable activity in the Member
State where it is carried out and where, in most cases, the
practical circumstances enable a place of business or
establishment to be identified. Moreover, it is laid down
in the 1983 Directive that an employee who is resident in
that State may return such vehicles to the Member State
where they were originally hired.

Having been forced to acknowledge that this Directive
could not resolve all the problems, the Commission
transmitted a proposal for an amendment to the Council
and the European Parliament ( [2] ). This proposal sought to
rectify certain situations which were felt to be
unacceptable. Among other things it proposed a longer
period of temporary importation in the event of
occupational ties in a Member State, extension of the
exemption to persons other than the individual having
temporarily imported the vehicle who are resident in the
Member State of temporary importation, and the
short-term hiring by a resident of the Member State of
temporary importation of a vehicle registered in another
Member State.

Unfortunately, this proposal is currently blocked in the
Council. The Commission considers that this situation is

all the more regrettable as the Court of Justice has also
had occasion to rule in a number of cases, causing the
Commission to address a communication to Parliament
and the Council ( [3] ) aimed at unblocking the proposal.

f There is as yet no Community tax legislation governing

At present, the obstacles to the free movement of

e the temporary importation into a Member State of

passenger and commercial vehicles constitute one of the

commercial vehicles registered in another Member State.

most keenly perceived problems for the European citizen.

No C 325/6 Official Journal of th.

As regards the use of self-drive hire vehicles for the
carriage of goods by road, Directive 84/647/EEC ( [4] ) lays
down the general principle that each Member State must
' allow the use within its territory, for the purposes of
traffic between Member States, of vehicles hired by firms
established on the territory of another Member State,

under the conditions laid down in Article 2 of the

Directive.

This means for example that commercial vehicles
registered in France and hired by a firm established in
France may be used by that firm for the carriage of goods
between Member States, provided that the conditions of
Article 2 of the Directive are met.

O OJ No L 105, 23. 4.1983, p. 59.
O OJNoC40, 18.2. 1987, p. 7, and OJ No C 181, 14. 8. 1988,

p.9.
O OJNoC278, 1.11. 1989,p.2.
( [4] ) OJNoL335,22.12.1984, p. 72.

WRITTEN QUESTION No 253/90

by Mr Karl von Wogau (PPE)

to the Commission of the European Communities

_(19 February 1990)_

(90/C 325/07)

_Subject:_ British regulations on health and safety at work
(protective masks)

In the Commission aware that last year Great Britain
introduced new regulations whereby protective masks for
use in British industry may in future be sold only if an
additional inspection has been carried out in accordance
with the British Health and Safety Executive's provisions,
and only by the Institute of Occupational Medicine in
Edinburgh.

Has Great Britain informed the Community of this new
rule in the context of the notification procedure and is it
compatible with the provisions on the free movement of
goods?

Answer given by Mr Bangemann
on behalf of the Commission

_(21 May 1990)_

Under the information procedure provided for by
Directive 83/189/EECC) the United Kingdom
authorities notified the Commission on 11 August 1986 of
draft regulations on the control of substances which are
dangerous to health, which laid down the conditions for
approval of protective masks.

European Communities 24.12.90

Neither the Commission nor the Member States made any
comment at the time on the draft legislation notified.

In view of the facts mentioned by the Honourable
Member, the Commission has asked the United Kingdom
authorities to send it the text finally adopted. It will, of
course, inform the Honourable Member of the results of

its examination.

Meanwhile, acting on a Commission proposal, on 21
December 1989 the Council adopted a directive on the
design and manufacture of personal protective
equipment ( [2] ). The directive in question will enter into
force on 1 July 1992. As it is a 'new approach' directive the
Commission has requested the European Committee on
Standardization (CEN) to draw up harmonized European
standards. Pursuant to the abovementioned directive, the
standards should ensure the free movement of goods to
which the Honourable Member refers.

O OJ No L 109, 26. 4.1983.
O OJNoL399,30.12.1989, p. 18.

WRITTEN QUESTION No 272/90

by Ms Carole Tongue (S)

to the Commission of the European Communities

_(19 February 1990)_            

(90/C 325/08)

_Subject:_ Problems posed by remanufacturing; that is
where old failed units are broken down into

.components parts which are then re-examined,
resold and reused

1. Is the Commission aware that non-genuine parts of
inferior quality are widely used in the remanufacture of
products such as vehicle components or domestic
appliances and of the danger that this poses to consumers?

2. Is the Commission also aware of the economic

implications for the commercial manufacturer whose
original trade mark appears on a product which has been
remanufactured by a third party where the
remanufactured product is of inferior quality due to
substandard workmanship or due to the use of inferior
parts used in the remanufacturing process ?

3. Is the Commission aware that the original
manufacturer retains no liability under the national laws
made as a result of the product liability Directive
(85/374/EEC (*)) where injury results from a defect in a
remanufactured product and that an injured consumer

24. 12. 90
Official Journal of the European Communities No C 325/7

will be left without a remedy unless the remanufacturer
can be identified?

4. Does the Commission agree that a possible solution
to the problem would be the introduction of compulsory
technical standards for all remanufactured products and
that there should be a requirement to mark a
remanufactured product in a conspicuous manner as to
when, where and by whom it has been remanufactured?
Does the Commission also agree that product liability
insurance should be compulsory for remanufacturers and
that this would be to the advantage of a person injured by
a remanufactured product?

O OJNoL210,7. 8. 1985, p. 29,

Answer given by Mr Bangemann

on behalf of the Commission

_(14 May 1990)_

1. The Commission is aware that non-genuine parts

are widely used in the remanuf acture of products, but has «

no specific information concerning the extent to which

those parts are of such inferior quality as to endanger

consumers.

2. The Commission considers that the provisions of

the first Commission directive of 21 December 1988 on

the approximation of Member States' laws on
trademarks 0 and those in the draft regulation on the
Community mark, which is under discussion in the
Council O, would enable the owner of an original
trademark to institute infringement proceedings against
third parties in the circumstances described by the

Honourable Member.

3. It is true that the original manufacturer retains no
liability under the national laws made as a result of the
product liability Directive 85/374/EEC. It is the
remanufacturer, not the original manufacturer, who is the
'producer' of the remanufactured item and therefore
liable under the rules of that Directive. This is so even if

the trademark, or any other mark which can be traced
back to the original manufacturer, has not been removed
from the product in the process of remanuf acture. In
principle it is up to the victim to identify the
remanufacturer. However, if the remanufacturer cannot
be identified the victim will not be left without remedy,
for in such cases each supplier of the anonymously sold
product would be liable (see Article 3 (3) of the Directive).

4. The Council is currently examining a proposal for a
Directive on general product safety ( [3] ) which will cover
the safety of products from the first time they are placed
on the market throughout their forseeable time of use.
This proposal expressly includes reconditioned products
not supplied as new, insofar as such supply takes place in
the ordinary course of business. The proposal enables
action to be taken in specific circumstances if there are

reasonable grounds for suspecting risks. This will be an
important tool in the area of worker and consumer
protection.

Therefore the Commission considers that many of the

Honourable Member's concerns will be met. The

introduction of compulsory technical standards in this
area would pose great difficulty in practice because of the
vast range of products involved. Under the new approach
to technical harmonization and standardization, technical
standards for new products are not rendered obligatory.

A difference of treatment between new and reconditioned

products would therefore be difficult to maintain.

The requirement to mark remanufactured products with
sufficient information to identify the party responsible is
an idea which the Commission supports; but,
unfortunately, indelible marking is not always possible,
owing to the nature of the materials which are employed .
in the remanuf acture.

The Commission sees no need for distinction to be made

between manufactured and remanufactured products as
far as compulsory insurance is concerned. The product
liability Directive does not impose a requirement of
compulsory insurance; it has left this to the Member

States.

0) OJNoL40,11.2.1989.
0 COM(84) 470 final.
0 OJNoC 193,31.7.1989, p. 2.

WRITTEN QUESTION No 278/90

by Mr Carlos Robles Piquer (PPE)

to the Commission of the European Communities

_(19 February 1990)_

(90/C 325/09)

_Subject:_ Assessment of specific programmes in the second
framework programme for research and
development

In accordance with the provisions of the Council
decisions adopting scientific research and development
programmes as part of the second framework
programme, just over 10 assessments have been earned
out for 1989 and a similar number are to be carried out in

1990 and 1991.

This timetable of assessments and reviews not only
indicates good general planning in the launching of
specific programmes but also involves the European
Parliament more closely, a move which should obviously
be consolidated.

No C 325/8 Official Journal of the European Communities 24. 12. 90

Can the Commission give details of the assessments
carried out in 1989, and the timetable for the assessments
to be carried out in 1990 ?

Answer given by Mr Pandolfi
on behalf of the Commission

_(29 May 1990)_

The Council decision concerning the framework
programme for Community activities in the field of
research and technological development for the period
1987—1991 states in Article 2 that each specific
programme shall be evaluated, while Article 4 of the same
decision states that during the third year of execution of
the framework programme the Commission shall assess
its progress.

The dates for the specific programme evaluations are
normally defined by the relevant Council decisions to
coincide with third year of their execution.

In accordance with these decisions the Commission has

issued in 1989 the report of the framework programme
review board and the following specific programme
evaluations:

— primary and secondary raw materials

— agricultural research

— radioactive waste

— radiation protection

— ESPRIT, phase I - Final report.

— RACE — Mid-term review

— DELTA — Mid-term review

— DRIVE — Mid -term review

— AIM — Mid-term review.

In January 1990 the Commission issued (*) the opinion of
the Board of Governors of the Joint Research Centre
(JRC) on the mid-term evaluation of the JRC. The
evaluation, performed in late 1989 by a panel, chaired by
Mr H. L. Beckers, was included in this document.

The evaluations being undertaken in 1990 are:

— medical and health research

— aeronautics

— nuclear fusion

— stimulation-SCIENCE

— research on automatic translation (the Eurotra
programme)

— DELTA — Final report

— AIM — Final report

— Fisheries and acquaculture research (the FAR
programme).

Furthermore the Monitor/Spear programme requires the
organization of horizontal evaluations whose aim is to
analyse particular aspects common to several or all
specific R&D programmes. Two such evaluations are now
in progress. They cover the following subjects:

— the impact of Community R&D programmes on
socio-economic cohesion.

— Community research fellowships.

0 SEC(90) 35 final.

WRITTEN QUESTION No 284/90

by Mr Gianfranco Amendola (V)

to the Commission of the European Communities

_(19 February_ _1990)_

(90/C 325/10)

_Subject:_ Compliance with the Directive on the
environmental impact assessment in respect of
the siting of an industrial plant at Sestri Levante
(Italy)

Plans have been made to site a rolling mill for the
production of cold-rolled coil annealed in hydrogen
furnaces (5 million m [3] per annum). It is expected that
approximately 70 tonnes of gases and mineral oils in
suspended particles will be discharged into the
atmosphere each year.

1. Does this plant comply with the provisions of
Directive 85/337/EEC _(_ _[l]_ _)_ on environmental impact
assessments?

2. Does this plant comply with the provisions of
Directive 82/501/EEC O and the successive

amendments thereto?

3. What measures does the Commission intend to take
should it emerge that Directive 85/337/EEC is being
infringed?

O OJ No L 175, 5.7.1985, p. 40.
O OJNoL230,5.8.1982, p. 1.

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

_(24 April 1990)_

1. The Commission has requested the Italian
authorities for more detailed information on the
proposed plant and has asked whether an environmental
impact study has been carried out on the project.

2. The plant should be subject to the general
obligations laid down in Articles 3 and 4 of
Directive 82/501/EEC on industrial impact. As for the

24. 12. 90 Official Journal of the European Communities No C 325/9

more strict and binding obligations under Article 5
(notification, safety report, emergency plan and public
information), the Commission does not at present possess
sufficient information to check whether such a plant
would comply with that Article.

3. If the Commission finds that the abovementiond

Directives are not being complied with it will initiate an
infringement procedure under Article 169 of the EEC
Treaty.

WRITTEN QUESTION No 311/90

by Mrs Cristiana Muscardini (NI)

to the Commission of the European Communities

_(21 February 1990)_

(90/C 325/11)

_Subject:_ Carbon monoxide emissions

Given that carbon monoxide emissions are responsible for
large numbers of casualties in Europe every year and that
there are frequent leaks of this gas from defective
equipment, will the Commission introduce specific
Community standards for the installation and
maintenance of the equipment concerned, together with
legislation providing for its periodic inspection by
qualified personnel?

Answer given by Mr Bangemann
on behalf of the Commission

_(25 April 1990)_

The Commission is aware of the casualties due to leaks of

carbon monoxide from defective or wrongly installed and
maintained equipment.

It has to be emphasized however that Community
legislation concerns the equipment as such, whilst it is
within the competence of the Member States to fix
requirements for installation and, if need be, for periodic
inspection.

Since the Commission is aware of the negative effects of
occasional disregard of installation and maintenance
requirements, it includes in its proposals for Community
legislation, whenever possible, requirements which
provide for intrinsic safety of appliances which will be
effective even in cases where installation and maintenance

requirements are ignored.

In fact, the Commission's proposal for a Council
Directive for appliances burning gaseous fuels (') whose
adoption is expected before the end of this year, includes
such specific requirements for intrinsic safety with regard
to combustion products and to their dispersal. They
concern in particular the carbon monoxide concentration,
bearing in mind the foreseeable duration of exposure.

Other requirements oblige the manufacturers to set out
clearly the necessary information for installation and
maintenance in their instruction manual.

The requirements set out in the proposed Directive will be
specified by volontary harmonized standards to be
produced by the European Standardization Committee
(CEN).

With regard to oil-fired appliances, European standards
are being developed by CEN which will limit the
maximum allowable toxic components in the combustion
products particularly with regard to carbon monoxide.

O COM(88) 786 final.

WRITTEN QUESTION No 349/90

by Mr Karl von Wogau (PPE)

to the Commission of the European Communities

_(26 February 1990)_

(90/C 325/12)

_Subject:_ Applicability of Council Directive 83/189/EEC
to the main principles laid down by the German
Food Register Committee

1. Is the Commission aware of the answer given by the
Federal German Government on 7 December 1988 to the

written question by Mr Kossendey to the effect that the
main principles laid down by the German Food Register
are not covered by the provisions of Council
Directive 83/189/EEC O, laying down a procedure for
the provision of information in the field of technical
standards and regulations, concerning the obligation to
supply information? 

2. Does the Commission agree with the Federal

Government's views?

3. What measures does the Commission intend to take

to apply the provisions of this directive on the provision
of information to the main principles laid down by the
German Food Register?

O OJNoL109,26.4.1983, p. 13.

Answer given by Mr Bangemann
on behalf of the Commission

_(18 May 1990)_

The Commission would thank the Honourable Member

for pointing out the German authorities' reply to Mr
Kossendey's question, of which it too has been informed
in the mean time.

As regards barriers to trade, the Commission is looking
into the impact on the marketing of food products of the
system of main principles in the Food Register. If it
appears that the system serves, in theory or in practice, to

No C 325/10 Official Journal of the European Communities 24. 12. 90

reserve or impose a description or to impose excessive
labelling requirements, the Commission will examine the
entire monitoring system and the use made of the main
principles in the light of Directive 83/189/EEC, as
amended by Directive 88/182/EEC ('), Articles 30 _et seq._
of the EEC Treaty and the Community Directives on the
labelling of foodstuffs.

O OJNoL81,26. 3. 1988, p. 75.

WRITTEN QUESTION No 351/90

by Mrs Cristiana Muscardini (NI)

to the Commission of the European Communities

_(26 February 1990)_

(90/C 325/13)

_Subject:_ Creation of instruments to meet the needs of the
disabled

One of the top priorities of the Community institutions is
to provide for the needs of the Community citizens
disadvantaged by handicap. In this context the creation of
tape libraries for the blind is an indispensable means of
enabling them to meet their legitimate need for study,
reading and social contact.

Are tape libraries for the blind being provided and in
which Member States ?

Where these tape libraries do exist, what is the ratio
between the number of tape libraries and the number of
blind persons in the country concerned?

What short and medium-term measures have to date been

taken to ensure that the blind participate in the world of
employment?

Finally, what aid can be granted to organizations which
have taken the necessary measures in any areas where the
Member States have been found wanting, by setting up
tape libraries or buying and training guide dogs?

Supplementary answer given by Mrs Papandreou
on behalf of the Commission

_(18 July 1990)_

Further to its answer of 3 April 1990 (*) the Commission is
now in a position to inform the Honourable Member of
the outcome of its inquiries.

Each country of the European Community has at least
one tape library set up for use specifically by visually
handicapped people. All facilities are run by voluntary

organizations for blind people, but funding from
Government sources varies between nil and 100 %. Even in

a particular country, the proportion of statutory funding
varies between services.

It is not so much the ratio of tape libraries to number of
blind people that is significant, but the number of titles
which can be made available in tape recorded form. This
will only ever be a small proportion of the vast quantity of
print publications available to sighted readers. The
number of titles available in a particular library seems to
be mainly dependent on how long the library has been
established but must be influenced by availability of
funding for expansion. Where facilities are national
lending libraries, not providing exclusively specialist
material, membership is open to all visually handicapped
people in that country.

In most countries, provision is made for the following
different categories of material:

(a) lending library facility providing fiction and lighter
non-fiction for recreation;

(b) student facility for recording text books and material
specifically requested for study;

(c) talking newspapers and magazines for leisure;

(d) specific-interest material produced for the
membership by their interest group/organization.

Also, in the United Kingdom, there is an 'Express
Reading Service' provided by RNIB (European Blind
Union), which tape record on request short documents
for individual blind people for their work, study, daily
living or leisure pursuits.

O OJNoC 125,21.5.1990.

WRITTEN QUESTION No 362/90

by Mr Jaak Vandemeulebroucke (ARC)

to the Commission of the European Communities

_(26 February 1990)_

(90/C 325/14)

_Subject:_ Minority languages and cultures and the
audiovisual media

Further to my Written Question No 859/89 (*), does the
Commission envisage any specific measures to try to
guarantee access to the media for minority languages
(information which was not given in answer to my
previous question above) ?

If so, what measures does it envisage ?

O OJ No C 171,12.7. 1990, p. 8.

24. 12. 90 Official Journal of the European Communities No C 325/11

Answer given by Mr Dondelinger
on behalf of the Commission

_(26 June 1990)_

Although Community law contains no provisions
guaranteeing the minority languages access to the media,
the Commission has supported — as far as it can with the
funds available — several initiatives aimed at encouraging
the use of the mass media to promote and disseminate the
less widely spoken languages.

With the MEDIA programme (measures to encourage the
development of the audiovisual industry) the goal of
seeking to preserve and disseminate the minority
languages and cultures is taken into account in each and
every measure. More specifically, the BABEL
(Broadcasting Across the Barriers of European
Languages) fund, which is intended to promote the
dubbing and subtitling of European films, is a valuable
instrument in disseminating the less widespread languages

and cultures.

Furthermore, the Commission will be supporting projects

by a number of periodicals and publications aimed at

promoting the minority languages.

WRITTEN QUESTION No 429/90

by Mr Hemmo Muntingh (S)

to the Commission of the European Communities

_(5 March 1990)_

(90/C 325/15)

_Subject:_ Harmful substances dumped or lost at sea in the

past

In the past, a large volume of harmful substances, in a
variety of containers, ranging from barrels to vessels, has
ended up on the sea bed through dumping or accidents at
sea or because cargo has been lost.

In this connection, much attention has been directed inter
alia at the considerable quantities of war gases dumped at
sea after the war. Recently, there have been a number of
accidents where dangerous cargoes have been lost (such
as the chlorine cylinders from the 'Sinbad\ Dynoseb from
the 'Dana Optima' and cargo from the Terintis') with no
possibility of recovery.

All such containers holding hazardous substances are
potential ecological time bombs, which, if they were to
explode, could cause serious, long-term harm to the
marine environment or prove detrimental to human
health.

1. Is the Commission prepared to take the initiative in
conducting an assessment of the volume of hazardous
substances to be found on the sea bed in European
waters, this assessment also to indicate which of these
substances should be recovered in order to safeguard
man and the environment.

2. Is the Commission prepared to consider how such
hazardous substances might be recovered, who might
carry out the operations concerned and how these
operations could be funded?

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

_(29 May 1990)_

As regards the former practice of dumping munitions, the

Commission would refer the Honourable Member to its

answer to Written Question No 923/89 (').

With respect to the large quantities of dangerous
substances dumped or lost at sea in the past, the
Commission could consider:

— conducting an assessment, as suggested, drawing on

the information available under the relevant

international conventions (such as the London

Convention on dumping at sea and the Oslo

Convention).

In this way the substances could be identified, with a
view to determining which substances should be
recovered, if any.

— making a limited contribution to a pilot project on the
recovery of such substances. The problem of
dangerous substances has also been mentioned within
the context of the Bonn Agreement on cooperation in
dealing with pollution of the North Sea by oil and
other harmful substances. Moreover, accidental
pollution by substances of this kind is covered by the
Community action programme on serious marine
pollution incidents.

The possible recovery of these substances and the funding
of recovery operations can be examined at a later stage, on
the basis of the results of the abovementioned initiatives.

O OJ No C 139,7.6.1990, p. 14.

WRITTEN QUESTION No 430/90

by Mr Francois-Xavier de Donnea (LDR)

to the Commission of the European Communities

_(5 March 1990)_

(90/C 325/16)

_Subject:_ Time management seminar for Commission staff
given by a Danish consultant

The Commission having asked each member of its staff to
attend a two-day time management seminar, every official

No C 325/12 Official Journal of the European Communities 24. 12. 90

and member of the temporary staff has attended a
two-day training course given by a Danish consultant.

Could the Commission say:

1. How the consultant (or party providing services) was
selected?

2. What was the total cost of this training activity and the
number of persons attending in 1987,1988 and 1989?

3. How the total annual cost breaks down into the
following sub-items:

— cost of the consultant (or party providing
services);

— cost of rental of premises;

— other overheads.

4. What was the average cost per person attending?

5. How it rates this training measure?

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

_(13 July 1990)_

The seminars to which the Honourable Member refers
form part of the second stage of the Commission's
internal modernization policy, approved in July 1985.

The selection procedure was as follows:

(a) a notice was published in the Official Journal on 3
June 1987 inviting firms interested in tendering for the
seminars to apply for documentation;

(b) a briefing session for firms that had expressed an
interest was held in Brussels on 6 July;

(c) the invitation to tender was set out, with 27 August
1987 as the closing date for submission;

(d) 21 tenders were received, and a joint advisory group
met to examine them on 28 and 29 September;

(e) a draft contract with the firm selected by the
Administration, Time Manager International, was
submitted to the Commission's Advisory Committee
on Procurements and Contracts and approved on
20 October;

(f) the formal contract with TML was signed on 11
November.

The total cost of the project over the three years involved

was:

1987: ECU 23 333,06
1988: ECU 2 190 395,77
1989: ECU 50 592,02

The annual figures break down into the following
subitems (in ECU):

1988

12500

1 021 000,00

990 894,34

178 501,43

2 190 395,77

175,23

1989

288

23 523,84

24 216,39"

2 851,79

50 592,02

175,67

Persons attending

TMI

Rent of premises

Other expenses

Total

Average cost per person
attending

1987

139

13 448,85

4 467,38

5 416,83

23 333,06

167,86

Two assessment reports were compiled, one by the DGIX
Training Unit, the other by TMI. It was on the
information gathered during the Time Management
exercise and from the survey carried out by Cegos in
1988 that the Commission based the main lines of
the organization and management modernization
programme it adopted in September 1988.

WRITTEN QUESTION No 4.62/90

by Mr Jose Alvarez de Paz (S)

to the Commission of the European Communities

_(7 March 1990)_

(90/C 325/17)

_Subject:_ Coal and the work programme for 1990

In its work programme for 1990, the Commission does
not mention coal, while under point No 120 it states that
'a new approach will be needed if the internal market in
energy is to be achieved'.

What are the principal 'requirements' for achieving the
internal market in energy with regard to policy in the coal
sector?

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

_(11_ _May 1990)_

In its work programme for 1990 the Commission
announced its intention to reexamine the notion of
security of supply for each form of energy — including
coal — in the new context of the internal energy market.

At this early stage the Commission cannot anticipate what
conclusions it will draw.

The Commission would refer the Honourable Member to
its answer to Written Question No 461/90 (')•

O OJNoC266,22.10.1990, p. 31.

24. 12. 90 Official Journal of the European Communities No C 325/13

WRITTEN QUESTION No 486/90

by Mr Juan de la Camara Martinez (S)

to the Commission of the European Communities

_(7 March 1990)_

(90/C 325/18)

_Subject:_ Seat of the European Environment Agency

On the basis of what criteria does the Commission

consider that the seat of the future European
Environment Agency should be chosen?

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

_(24 April 1990)_

The Commission has made clear the basic technical

requirements for the satisfactory establishment of the
European Environment Agency. The Council has found
that all the proposals submitted by the eleven applicant
Member States meet these requirements.

WRITTEN QUESTION No 532/90

by Mrs Marie Jepsen (ED)

to the Commission of the European Communities

_(16 March 1990)_

(90/C 325/19)

_Subject:_ Comparability and publication of Member
States' investigations into the quality of bathing

water

In its answer of 9 January 1990 to my previous question
No 767/89 O on inspecting the quality of bathing water
in the Member States of the Community the Commission
stated that it made frequent reports based on tests carried
out in the individual Member States.

Does the Commission consider that the results of the

Member States' tests on the quality of bathing water are
directly comparable and, if this is not the case, will the
Commission take measures to improve the comparability
of the tests? Will the Commission also endeavour to

produce annual reports based on the previous year's tests
so that more up-to-date information is available to the
public than hitherto given that, in certain cases the
Commission's reports have been based on results obtained
almost two years previously?

O OJNoC125,21.5.1990, p. 13.

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

_(16 May 1990)_

The information given in the reports on the quality of
bathing water published by the Commission cannot be
compared from one Member State to another. Some
Member States have adopted more stringent national
values for certain parameters than the mandatory values
laid down in the Directive ('). The Commission is aware
of this situation and the reports published contain a note
to readers informing them that such a comparison cannot
be made.

Furthermore, the Commission has already considered the
introduction of a standard expediated procedure for the
transmission of data to it.

Once the procedure has been introduced, it should be
possible to process the information supplied by individual
Member States to make it comparable and to publish the
report sooner. In the light of the above, the Commission's
aim is to publish an annual report based on information
concerning the previous year.

O OJNoL31,5.2.1976, p. 1.

WRITTEN QUESTION No 548/90

by Mr Francesco Speroni (ARC)

to the Commission of the European Communities

_(16 March 1990)_

(90/C 325/20)

_Subject:_ Composition of airliner crews

The recent air disaster in India in which a European built
A 320 aircraft crashed as it approached the runway at its
destination raises the question once more of whether it is
advisable, from the point of view of safety, to man
medium-and long-range airliners with only two-man
crews, excluding the flight technician.

The findings of the inquiry into the disaster are still not
sufficient to make it possible to reconstruct what
happened, but it seems clear that the new and
sophisticated electronic components which are mainly
responsible for flying the aircraft are not completely
reliable, even though this reliability is one of the
arguments used by manufacturers of high-technology
aircraft to justify the exclusion of a third crew member.
This explains why some companies using the same type of
aircraft operate them with three-man crews.

Is the Commission considering an inquiry aimed at
determining the differences in reliability and safety in
operating aircraft with flight crews of two or three
members?

No C 325/14 Official Journal of the European Communities 24. 12. 90

Answer given by Mr Bangemann
on behalf of the Commission

_(6 April 1990)_

The Commission would refer the Honourable Member to

its answer to Written Question No 839/89 by Mr
Visser (').

O See page 3 of rhis Official Journal.

WRITTEN QUESTION No 567/90

by Mr Alonso Puerta (GUE)

to the Commission of the European Communities

_(16 March 1990)_

(90/C 325/21)

_Subject:_ Contamination of the Aviles estuary

Aviles (Asturias — Spain) has the sad distinction of
having one of the highest levels of pollution in Spain,
caused by both atmospheric emissions and effluent into its
aquatic environment.

There can be no doubt that the Aviles estuary is
particularly affected by pollution, which is being
aggravated by the large quantities of ash and the
approximately 10 tonnes of waste, lubricants and oils per
month which the state undertaking ENSIDESA has, for a
long time, been discharging into the estuary.

1. Does the Commission not consider that it is a matter

of urgency to contact the authorities of Asturias in
order to find a solution which will end the pollution of
the Aviles estuary?

2. What measures does the Commission intend to adopt
to ensure that ENSIDESA complies with Community
law concerning the protection of the environment and
in particular the following directives:

(a) 76/464/EEC _Q)_ on pollution caused by certain
dangerous substances discharged into the aquatic
environment and

(b) 75/439/EEC ( [2] ) on the disposal of waste oils?

0) OJNoLl29, 18.5. 1976, p. 23.
O OJ No L 194, 25. 7. 1975, p. 23.

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

_(5 April 1990)_

The Commission has taken note of the problem of
pollution in Aviles (Asturias — Spain) following the
information supplied by the Honourable Member.

The Commission will therefore request information from
the Spanish authorities on the points raised in the
question, in particular regarding application of the
Community Directives quoted.

WRITTEN QUESTION No 579/90

by Mr Gerard Monnier-Besombes (V)

to the Commission of the European Communities

_{16_ _March 1990)_

(90/C 325/22)

_Subject:_ Special reserves for the capercaillie (tetrao
urogallus) in the Pyrenees

What special reserves have been provided by France to
ensure the conservation of the capercaillie (tetrao
urogallus) in the Pyrenees under Directive
79/409/EECO.

What measures have been taken in the field of forestry
management and what rules have been drawn up
concerning access (access to forest paths and the opening
up of such paths) to the areas still inhabited by this
species?

O OJNoL 103,25.4. 1979, p. 1.

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

_(22 May 1990)_

France has not yet set up a special reserve in the Pyrenees.

The Commission has not been informed of any particular
forestry management or access measures to protect the
capercaillie (Tetrao urogallus) in the Pyrenees.

The Commission will ask France to provide further
information on this matter since the capercaillie is a
species listed in Annex I to the Directive referred to by the
Honourable Member.

WRITTEN QUESTION No 593/90

by Mr Ian White (S)

to the Commission of the European Communities

_(16 March 1990)_

(90/C 325/23)

_Subject:_ Minimum income

Why is it possible for the Community to be able to insist
on minimum legally enforceable water purity standards
and yet not be able to implement legally enforceable
minimum income provision throughout the Community?

24. 12. 90 Official Journal of the European Communities No C 325/15

Answer given by Mrs Papandreou
on behalf of the Commission

_(19 July 1990)_

The Community's legislative action is circumscribed by
the powers conferred on it by the Treaties.

This is the context in which the Community acts in the
areas of social protection and the fight against
marginalization and poverty, and thus of a minimum
income.

The Honourable Member is referred to the Commission's
answer to his Written Question No 171/90 (') and his
oral question H-269/90 ( [2] ).

O OJNoC246, 1.10. 1990, p. 9.
O Debates of the European Parliament No 3-388 (March 1990).

WRITTEN QUESTION No 612/90

by Mr Llewellyn Smith (S)

to the Commission of the European Communities

_(20 March 1990)_

(90/C 325/24)

_Subject:_ Waste-paper recycling

With reference to Council recommendation

81/972/EECO when will the Commission consider a

proposal to make recycled paper in newsprint mandatory.

O OJNoL355,10.12.1981,p. 56.

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

_(22 May 1990)_

Council recommendation 81/972/EEC of 3 December

1981 recommends that the Member States define and
implement policies aimed at promoting the use of recycled
paper and carton. Old paper is not one of the priorities for
the work of the Commission at the moment.

WRITTEN QUESTION No 616/90

by Mr Gerhard Schmid (S)

to the Commission of the European Communities

_(20 March 1990)_

(90/C 325/25)

_Subject:_ AIDS and the internal market

At their meeting of 16 March 1989, the Council and the
Ministers for Health of the Member States meeting in the
Council asked the Commission to:

— consider the possibility, within the framework of the
internal market, of technical harmonization to
guarantee the necessary quality with respect to
condoms available in the Member States and to
submit a proposal on the matter to the Council;

— to consider the possibility, within the framework of
the internal market, of harmonizing the technical
requirements for fast HIV-testing sets and making
them available on a limited basis, and submit a
proposal on the matter to the Council.

1. What steps has the Commission taken with a view to
carrying out these instructions?

2. What Directorates-General is (are) responsible?

3. Does the Commission intend to submit its proposals
on this matter in accordance with the principles of the
Single Act (Article 100 a — completion of the internal
market) or in accordance with some other legal basis?

4. When does the Commission intend to submit its
proposals, which are not yet included in the
Commission's official programme?

Answer given by Mrs Papandreou
on behalf of the Commission

_(7 August 1990)_

Several Commission departments are involved in the
implementation of Community policy as regards the fight
against AIDS with the help of an interdepartmental
coordinating group.

In the work on the completion of the internal market, the
Commission is preparing several proposals for directives
on medical matters. It is planned that these proposals
should cover both condoms and HIV-testing sets.

The abovementioned proposal for directives will be based
on Article 100a of the EEC Treaty and should be ready
for transmission to the Council in 1990-91.

WRITTEN QUESTION No 621/90

byMrBenVisser(S)

to the Commission of the European Communities

_(20 March 1990)_

(90/C 325/26)

_Subject:_ Conditions for access to the road transport
profession

On 1 February 1990 the-Bureau of the Liaison Committee
on Passenger Transport of the International Road
Transport Union (IRU) held talks with European
Commissioner Van Miert in which it called for uniform
conditions for access to this profession in all Member
States regarding professional competence, solvency and

No C 325/16 Official Journal of

reliability. Particular criticism was levelled at Italy, which,
according to a report in 'Nederlands Vervoer' (3/1990),
has not yet adopted any of the necessary legislative
provisions.

1. Is it true that Italian legislation on access to the road
transport profession does not contain any such
provisions?

2. If so what measures has the Commission taken and

what measures will it take to remedy this situation?

3. Does the Commission consider the relevant legislation

in the other Member States to be satisfactory?

WRITTEN QUESTION No 774/90

by Mr Floras Wijsenbeek (LDR)

to the Commission of the European Communities

_(29 March 1990)_

(90/C 325/27)

_Subject:_ Application of Community law

In paragraph 179 of the sixth annual report to the
European Parliament on monitoring of the application of
Community law [COM(89) 411 final] the Commission
states that Italy has still not' complied with a number of
judgments of the Court of Justice concerning admission
to the occupation of road haulier and road transport
passenger operator and the Directive on mutual
recognition of qualifications for road transport operators.

In my report for the European Parliament on the carriage
of passengers (A 2-243/87) ('), and when I spoke in
plenary on the report on admission to the occupation
referred to above, I pointed this out. The Commission
said at the time that it would act to make sure that Italy
complied.

Can the Commission say what steps it has taken to hold
Italy to its Community commitments, and can it also say
whether it is in a position to apply sanctions to prompt
Italy to abandon its recalcitrant stance, e.g. by cutting or
not issuing Community transport permits?

Would the Commission be willing to respond to this
suggestion to apply sanctions? If not, why not and what
sanctions would the Commission be prepared to take?

O OJNoC94, 11.4. 1988, p. 135.

Joint answer to Written Questions Nos 621/90 and 774/90

given by Mr Van Miert
on behalf of the Commission

_(29 June 1990)_

Following action by the Commission, the Court of Justice
has twice condemned the Italian Government for

European Communities 24. 12. 90

non-implementation of Directive 74/562/EEC (*) on
admission to the occupation of road transport passenger
operator in national and international transport
operations and once for non-implementation of Directive
77/796/EEC ( [2] ) aiming at the mutual recognition of
diplomas, certificates and other evidence of formal
qualifications for goods, haulage and road transport
passenger operators.

The Italian authorities have still not implemented these
Directives but it is understood that they have now drafted
legislation to this effect.

The Commission is looking at the position as regards the
implementation of these Directives, concurrently with its
examination of the measures by all Member States to
implement Directive 89/438/EEC ( [3] ), which substantially
amends them and the provisions of which applied from 1
January 1990.

O OJNoL308,19.11.1974.
O OJ No L 334, 24,12. 1977.
O OJ No L 212, 22. 7.1989.

WRITTEN QUESTION No 647/90

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(20 March 1990)_

(90/C 325/28)

_Subject:_ Promotion of carcinogenic barbecues by the

EEC

In the March 1990 edition of the consumer magazine
published by the organization _Test Achat it_ is reported that
the EEC has requested Belgium to lower its national
quality standards for charcoal intended for barbecues to
bring them into line with the Community standard. This
standard, which takes the form of a directive, would
reduce the percentage of carbon from 82 to 80% and,
instead of being fixed at 12%, the content of volatile
substances would vary between 10 % and 14 %. These new
rules would be likely to endanger the health of consumers
by increasing the risk of cancer.

Can the Commission confirm or deny this report?

Answer given by Mrs Papandreou
on behalf of the Commission

_(5_ _June 1990)_

The Commission has asked the Belgian Government to
amend the Royal Decree of 29 October 1986 to lower the

24. 12. 90 Official Journal of the European Communities No C 325/17

carbon content of charcoal from 82% to 80% and the

content of volatile substances from 12 % to 12 ± 2 %.

In so doing, the Commission has not lost sight of the
objective of health protection, which is the legitimate
purpose of the Decree. On the contrary, it wished to
reconcile two fundamental objectives of the common
market, namely the protection of health and the free
movement of goods, both of which ought properly to be
regarded as Community priorities.

The levels previously laid down by the Royal Decree had
the effect of excluding from the Belgian market charcoal
produced in other Member States, such as Spain and
France. A very slight increase in these rates was all that
was needed to eliminate this barrier to trade while at the

same time maintaining the same degree of health
protection.

The Commission considers that the difference between

the levels of protection provided by a maximum content
of 12% of volatile substances and of 14% is insignificant
(as is the difference between carbon contents of 82% and
80%). On the other hand, measures less restrictive for
trade than those setting an excessively low maximum
content of volatile substances (and content of carbon) are
capable of providing more effective health protection.

For example, consumer information on how to use the
barbecue, or to promote more widespread use of the
vertical grill, would be more likely to achieve the
objectives and the Belgian authorities would be entitled to
impose measures of that kind without raising any
objection on the part of the Commission.

Member States were consulted by the Commission on the
amendments it called for, and no objection whatsoever

was raised.

It should be pointed out that there is no Community
directive governing the content of volatile substances or
of carbon in charcoal, and that the sole purpose of the
Commission's action was to ensure compliance with
Article 30 of the EEC Treaty and observance of the
principle of proportionality.

WRITTEN QUESTION No 661/90

by Mrs Hiltrud Breyer (V)

to the Commission of the European Communities

_(23 March 1990)_

(90/C 325/29)

_Subject:_ Damage to the ozone layer

1. What steps does the Commission intend to take as
damage to the ozone layer is now known to be far more

extensive? How does it intend to speed up its plans to
restrict the compounds which are harmful to the ozone
layer?

2. To what extent will chlorine compounds which are
not CFCs but which are partly responsible for the
destruction of the ozone layer be covered by these
measures?

3. In the measures it has taken to date, does the
Commission consider that it has done everything possible
to prevent the destruction of the ozone layer by
substances generated by humans?

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

_(17 May 1990)_

1. On 17 January 1990 the Commission proposed a
draft Regulation (*) replacing Regulation (EEC)
No 3322/88 ( [2] ). This proposal recognizes the need to take
more effective action on substances that deplete the pzone
layer and calls for the elimination of CFCs and Carbon
tetrachloride by 1997, halons by the year 2000 and a 40 %
reduction of methyl chloroform by the same year. These
proposals represent a considerable tightening of the
measures foreseen by Regulation (EEC) No 3322/88.

The Community has also made very far reaching
proposals for the revision of the Montreal protocol in

June 1990.

2. In addition to the regulation of the production and
consumption of ozone depleting substances, the
Commission has issued recommendation 89/349 ( [3] ) for
the reduction in the use of CFCs in aerosols by 90 % by the
end of 1990. Two more Commission recommendations

are to be adopted shortly for the limitation of use of CFCs
in refrigeration by 50% by 1993 and in foam plastics by
65 % by the end of the same year.

3. The only adequate response to the ozone layer
problem is for all countries of the world to act together;
which is why the Commission is aiming for the most
stringent possible revision of the Montreal Protocol in
June 1990.

O COM(90) 3 final.
O OJ No L 297, 31. 10.1988.
O OJ No L 144, 27. 5.1989, p. 56.

No C 325/18 Official Journal of the European Communities 24. 12. 90

WRITTEN QUESTION No 671/90

by Sir James Scott-Hopkins (ED)

to the Commission of the European Communities

_(23 March 1990)_

(90/C 325/30)

_Subject:_ Eurocodes

Does the Commission agree that the Eurocodes should
recognize groundswell amongst practising engineers that
these codes should include within them acknowledgement
of the validity of permissible stress design?

Answer given by Mr Bangemann
on behalf of the Commission

_(18 May 1990)_

In the Eurocode programme, the Commission took the
initiative to establish a set of harmonized technical rules

for the design of building and civil engineering works
which should serve as an alternative to the differing rules
in force in the various Member States and ultimately
replace them.

The Eurocodes are intended to constitute a consistent and

comprehensive system of design standards which cover
the requirements for resistance, serviceability and
durability of the structures, in all types of building and
civil engineering works in different construction materials
(such as concrete, steel, timber or masonry) as well as the
various methods of construction and other aspects of
design which are of general practical importance.

The individual Eurocodes will be subdivided into separate
parts, as far as appropriate. The first will deal with
common design criteria for each construction material
and with specific rules for ordinary buildings, further
parts will contain special rules which complement the
basic rules or adapt or modify them for specific types of
building or civil engineering works, construction methods
or particular aspects.

The Eurocodes are intended to serve, in the light of the
relevant Council Directives O as reference documents to

be recognized by the authorities of the Member States as:

— a means of proving the compliance of building and
civil engineering works with essential requirements
concerning mechanical resistance and stability,

— a basis for specifying contracts for the execution of
construction works and related engineering services,

— a framework for drawing up harmonized technical
specifications for construction products;,,

in order, to contribute to the achievement and functioning
of the internal market as well as to improve the

competitive position of the European construction
industry and related industries and professions in
countries outside the Community.

The basic idea of the Eurocode work was to provide for
technical harmonization in two ways:

1. between Member States, in order to eliminate
technical barriers;

2. between different construction materials, construction

methods and types of buildings and civil engineering
works, in order to achieve full consistency and
compatibility of the various codes with each other and
to obtain comparable safety levels.

For the second reason, the Eurocodes have been based on
a common unified safety concept using:

— 'limit states' by which the limits of mechanical
resistance, stability and fitness for use of buildings
and civil engineering works can be defined in general
terms of performance, and

— partial safety coefficients by which uncertainties, in
particular concerning loadings and material
properties, can be accounted for.

This safety concept represents the present state of the art
in structural design which has been agreed world-wide
(see International Standard ISO 2394). It has also been
confirmed without exception by inquiries in the Member
States of the Community (involving public authorities,
standardization bodies, construction industry, consulting
engineers and the relevant professional organizations) on
the Eurocode concept and the contents of the Eurocodes
prepared so far. A positive response was also received
from EFTA countries.

This does not mean that the Eurocode parts prepared so
far cannot be supplemented by further parts giving
simplified rules for certain 'common' building structures,
e.g. expressed in form of 'permissible stress methods', as
long as full compatibility with the generally agreed limit
state concept is ensured and the general design principles
of the basic parts of the Eurocodes are met.

The work on the Eurocodes is being transferred to the
European Committee for Standardization CEN. Thus the
various interested parties will be more directly engaged in
the further development of the Eurocode system, and
they may propose initiatives with a view to the preparation
of the supplementary Eurocode parts mentioned above.

Finally it should be noted that the use of the Eurocodes
will not be mandatory in structural design. However
design to Eurocode will have to be recognized by Member
State authorities as a means of proving that requirements

24. 12. 90
Official Journal of the European Communities No C 325/19

relating to the mechanical resistance and stability of
buildings and civil engineering structures have been
fulfilled.

( [!] ) Council Directive 89/106/EEC of 21 December 1988 on
construction products (OJ No L 40, 11. 2. 1989) and Council
Directives 71/305/EEC of 26 July 1971 and 89/440/EEC of
18 July 1989 on public works (OJ No L 185, 16. 8. 1971 and
OJ No L 210, 21. 7. 1989 respectively).

WRITTEN QUESTION No 717/90

by Mr Luigi Moretti and Mr Fransceso Speroni (ARC)

to the Commission of the European Communities

_(27 March 1990)_

(90/C 325/31)

_Subject:_ The independence of EC Commissioners

On the subject of the decree-law issued by the Italian
Government regularizing, on an indiscriminate basis, the
situation of clandestine immigrants from third countries
in Italy, Commissioner Ripa di Meana has expressed his
concern in view of the perplexity aroused by this measure
in Community circles.

Mr Ripa di Meana has come under severe criticism for his
stand from Socialist members of the Italian Government,
especially from the Deputy Prime Minister, Mr Martelli,
and the Minister of Foreign Affairs, Mr De Michelis.

Given that the EC Treaty explicitly states, in Article 157,
that Member States shall not seek to influence the

Members of the Commission in the performance of their
tasks, does the Commission consider the attitude of the
Italian ministers concerned to be in breach of the Treaty,
and what action does it intend to take?

Answer given by Mr Delors
on behalf of the Commission

_(30 May 1990)_

It is not the Commission's practice to comment on
statements made by politicians from the Member States.

The Commission would point out that, under the terms of
Article 10 (2) of the Treaty establishing a single Council
and a single Commission of the European Communities
referred to by the Honourable Members, 'the members of
the Commission shall, in the general interest of the
Communities, be completely independent in the
performance of their duties. (...) Each Member State
undertakes to respect this principle and not to seek to
influence the members of the Commission in the

performance of their tasks'.

WRITTEN QUESTION No 745/90

by Mrs Lissy Groner (S)

to the Commission of the European Communities

_(27 March 1990)_

(90/C 325/32)

_Subject:_ Education policy

In the development of a European Education Community
does the Commission anticipate problems concerning
competence with the German Lander, given that the
latter, and not the central government, are responsible for
education?

Answer given by Mrs Papandreou
on behalf of the Commission

_(9 July 1990)_

The Federal Republic of Germany is represented in the
European Community by the Federal Government. As a
rule, therefore, problems of jurisdiction between the
Community and the German Lander cannot rise.

Moreover, the Lander generally take part in or are
represented on the German delegations to the various
committees dealing with these matters and are
accordingly involved in the information and consultation

process.

WRITTEN QUESTION No 751/90

by Mr Hemmo Muntingh (S)

to the Commission of the European Communities

_(27 March 1990)_

(90/C 325/33)

_Subject:_ Progress report on the protection of monk seals
in the National Park of the Northern Sporades

The Community has taken steps to support measures to
protect the monk seal in the National Park of the
Northern Sporades. In a contract covering financial
support for this project, it was agreed _inter alia_ that a
management plan for the park would be drawn up, that
park 'rangers' would be employed, and that equipment
would be made available for their use.

1. Has the Commission received a draft management
plan for the Northern Sporades, following the
conclusion of the above contract?

2. If not, does the Commission know whether such a
management plan has been drawn up and submitted to
the Greek Ministry of the Environment?

No C 325/20
Official Journal of the European Communities 24. 12. 90

3. What steps can the Commission take to help ensure
that a management plan for the Northern Sporades is
established as soon as possible?

4. What is the situation as regards the rangers to be
employed in the National Park and the equipment to
be made available for their use?

5. Is it true that these people received no wages for
several months in the summer of 1988 and that they
were unable to use their patrol boats, due to lof
petrol?

6. Is it true that the International Fund for Animal

Welfare offered to supply petrol free of charge and
that the Greek Government rejected this offer?

7. Why has the costly biological station in the Bay of
Gerakas on Aloynissos remained uncompleted and
empty for some years now?

8. Why is the Greek Government prepared to draw up
measures on paper for the protection of the monk
seal, while in practice leaving the animal to its fate?

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

_(28 June 1990)_

1 to 3. According to the Greek Ministry of the
Environment's interim report, the Ministry and the
Athens Polytechnic have agreed to work together to
establish the scientific basis for action taken to protect the
monk seal, its biotope and other species of fauna and flora
in the region.

4. Three rangers were employed until October 1989.
The Ministry of the Environment has initiated a
procedure for the employment of six rangers.

5. According to the information received by the
Commission, the rangers were paid up to October 1989
and petrol costs were covered.

6. The Commission does not have any information on
this matter.

7. According to the information received from the
Ministry of the Environment, building of the biological
station has been completed and provisional acceptance
was granted in March 1990.

8. The Commission believes that the creation of a
marine park in the Northern Sporades is an important
step towards the conservation of the monk seal. However,
protection of the park depends entirely on the action
taken by the Greek authorities concerned.

The Commission has sent the Ministry of the
Environment an emphatic reminder of Greece's
undertaking to ensure that the park is properly protected.

WRITTEN QUESTION No 801/90

by Mr Victor Manuel Arbeloa Muru (S)

to the Commission of the European Communities

_(29 March 1990)_

(90/C 325/34)

_Subject:_ Coordination of health policies against drugs

How is the Community coordinating preventive health
policies and social policies in respect of drug addicts?

Answer given by Mrs Papandreou
on behalf of the Commission

_(27 June 1990)_

The Commission will present in the near future a
comprehensive plan of action on drug demand reduction,
in line with the European Parliament's resolutions, and
the request of the Council and the Ministers of Health
meeting within the Council on 13 November 1989 (*) for
it to act against drug addiction.

O OJNoC 31,9.2.1990, p. 1.

WRITTEN QUESTION No 821/90

by Mr Kenneth Stewart (S)

to the Commission of the European Communities

_(4 April 1990)_

(90/C 325/35)

_Subject:_ The environmental impact of recent and current
dock related activities in the Bootle and
Liverpool area of the United Kingdom

Is the Commissioner aware of the relatively new practice
by the Mersey Dock and Harbour Company (MDHC) of
developing economic activity in the dock area through the
open storage of coal and coke which is causing dust
pollution for many thousands of the area's residents?

Is he further aware that the local authority for the area,
Sefton Metropolitan Borough Council has:

(a) successfully prosecuted companies involved, yet the
coal dumping and storage activity has intensified;

24. 12. 90 Official Journal of the European Communities No C 325/21

(b) has repeatedly requested the Mersey Dock and
Harbour Company to carry out a non-statutory
environmental impact assessment, without success;

(c) is in the process of preparing evidence for a legal
injunction from the High Court for a stop in this
particular economic activity by the MDHC because
of the severe problems experienced by residents;

(d) that a dramatic increase in bronchial problems has
been recorded amongst primary school children in
the area?

Will the Commissioner clarify the legal obligations of the
MDHC under Council Directive of 27 June 1985 on the
assessment of the effects of certain public and private
projects on the environment, 85/337/EEC, or any other
Community legislation in this field that may be
applicable?

Will the Commissioner liaise directly with the Borough of
Sefton's Chief Public Protection Officer in order to

facilitate a speedy remedy for the people of Bootle?

Will the Commissioner seek to close any loopholes in
Community legislation that may be offered by UK
national legislation of 'permitted development and
General Development Orders' enshrined in UK planning
regulations, in the event of such developments causing
nuisance and or pollution to the environment?

WRITTEN QUESTION No 1544/90

by Mr Kenneth Stewart (S)

to the Commission of the European Communities

_(27June 1990)_

(90/C 325/36)

_Subject:_ The environmental impact of recent and current
related activities in the Bootle and Liverpool area
of the United Kingdom

Is the Commissioner aware of the relatively new practice
by the Mersey Dock and Harbour Company of
developing economic activity in the dock area through the
open storage of coal and coke which is causing dust
pollution for many thousands of residents who live in the

area.

Further, that the local authority for the area, Sefton
Metropolitan Borough Council:

(a) has successfully prosecuted companies involved, yet
the coal dumping and storage activity has intensified;

(b) has repeatedly requested the Mersey Dock and
Harbour Company to carry out a non-statutory
'Environmental Impact Assessment' without success;

(c) is in the process of preparing evidence for a legal
injunction from the High Court for a stop in the
MDHC activities in this particular economic activity
because of the severe problems experienced by
residents;

(d) and that a dramatic increase in bronchial problems
has been recorded amongst primary school children
in the area.

Will the Commissioner clarify the legal obligations of the
MDHC under Council Directive of 27 June 1985 on the
assessment of the effects of certain public and private
projects on the environment, 85/337/EEC, or any other
Community legislation in this field that may be
applicable?

Will the Commissioner liaise directly with the Borough of
Sefton's Chief Public Protection Officer in order to

facilitate a speedy remedy for the people of Bootle?

Will the Commissioner seek to close any loopholes in
Community legislation that may be offered by UK
national legislation of 'permitted development and
General Development Orders' enshrined in UK Planning
Regulations, in the event of such developments causing
nuisance and or pollution to the environment?

Joint answer to Written Questions Nos 821/90

and 1544/90

given by Mr Ripa di Meana
on behalf of the Commission

_(23July 1990)_

The Commission has taken note of the Honourable

Member's observations.

It endorses the steps taken by Sefton Metropolitan
Borough Council to ensure that an environmental impact
assessment — within the meaning of Directive
85/337/EEC O — is carried out to evaluate the
environmental effects of the activity in question.

The Commission takes the view that in the case of
projects listed in Annex II to Directive 85/337/EEC,
which include the surface storage of fossil fuels, Member
States are not entitled to exercise the discretionary
authority conferred upon them by Article 4 (2) of the
Directive in such a way as to implicitly or explicitly
exclude any obligation to assess such projects from
national legislation.

On the basis of the assessment and consultation with the
relevant environmental authorities and the public
concerned, the national authorities must then decide
which course of action is least harmful to the

environment.

No C 325/22 Official Journal of the European Communities 24. 12. 90

The Commission is not planning to propose Community
measures in the area covered by 'General Development
Orders', given that projects falling within the scope of
Directive 8 5/3 37/EEC must comply with the
requirements of the said Directive.

As announced in plenary session, Commission staff could
visit the area to assess the situation at first hand.

(') OJNoLl75,5.7. 1985, p. 40.

WRITTEN QUESTION No 823/90

by Mr Reinhold Booklet (PPE)

to the Commission of the European Communities

_(4 April 1990)_

(90/C 325/37)

_Subject:_ Hormones in Belgian beef

Every fifth beef steak recently inspected by the Belgian
consumer organization 'Test Achat' contained residues of
one or more sex hormones. This means that despite the
Community-wide ban in force since 1988, hormones are
still being added to animal feed in Belgium.

1. Is the Commission aware of the results of this

inspection?

2. What specifically will the Commission do to stop
infringements of the hormone ban in the Member
States, and in the Kingdom of Belgium in particular?

3. How will the Commission ensure that the hormone

ban is adhered to in future in all Member States?

Answer given by Mr Mac Sharry

on behalf of the Commission

_(9 July 1990)_

1. An article entitled 'hormones in beef: new controls'

appeared in the January 1990 edition of Test Achat's
magazine and was studied by the Commission.

2 and 3. The Commission has decided to make an

enquiry in each Member State in order to verify the
implementation of the Community rules regarding
residues, and in particular Council Directive 88/146/EEC
forbidding the use of certain hormonal substances in
animal production (').

This implies above all contacts with the competent
authorities, but also controls in situ notably on farms, in
slaughterhouses and at laboratories.

This enquiry is currently underway in Belgium. It will take
place in all Member States.

O OJNoL70,16.3.1988, p. 16.

WRITTEN QUESTION No 827/90

by Mrs Sylviane Ainardi (CG)

to the Commission of the European Communities

_(4 April 1990)_

(90/C 325/38)

_Subject:_ Mediterranean fisheries

Fisheries play a major economic and social role in the
Mediterranean regions. Yet despite their importance
Mediterranean fisheries as a whole have been sidelined by
the common fisheries policy.

Mediterranean fishers face numerous problems: resource
management, inadequate and fluctuating prices,
production costs inflation, difficulties associated with
fleet modernization. The European Parliament has
repeatedly adopted resolutions on Mediterranean
fisheries which have remained without effect. On 19

January 1990 the European Parliament again called for
conservation and management measures for
Mediterranean fisheries and for international

concertation with third countries. Will the Commission be

at last prepared to take action on these requests by the
European Parliament by proposing specific measures for
Mediterranean fisheries in a concern to protect the
resources and improve the incomes of fishers?

Answer given by Mr Marin
on behalf of the Commission

_(12 July 1990)_

The Commission shares the Honourable Member's

concerns over the situation of fisheries in the

Mediterranean and intends to take an initiative shortly
concerning the conservation and management of
Mediterranean fishery resources.

Mediterranean fisheries also featured on the agenda of
the first joint seminar between Parliament and the
Commission which took place on 21 and 22 June.

Conservation and management and the necessity for
international cooperation with non-Community countries
were discussed at this seminar.

24. 12. 90 Official Journal of the European Communities No C 325/23

WRITTEN QUESTION No 858/90

by Mr Joaquin Sis6 Cruellas (PPE)

to the Commission of the European Communities

_(9 April_ _1990)_

(90/C 325/39)

_Subject:_ Withdrawal of radioactive lightning conductors

Although it has been proved that lightning conductors
containing the radioactive isotope americium 241 are
dangerous and their withdrawal has been ordered in most
Community countries, the majority of them are still in
place.

This is the case in Spain where, in spite of a Royal Decree
of July 1987 providing for the withdrawal of such
lightning conductors, only 787 out of a total of 25 000
have so far been removed. The explanation given by the
'Empresa Nacional de Residuois Radiactivos' is that the
local administrations refuse to grant permission for their
storage.

In view of its complexity, does the Commission think that
a Community solution should be sought to the problem
and that agreement should be reached on a single and
definitive method of disposing of lightning conductors
containing americium 241 ?

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

_(29 May 1990)_

The Community system of health protection of the
general public and workers against the dangers of
ionizing radiation is laid down in Council Directive
80/836/Euratom of 15 July 1980 C). This Directive
subjects any activity involving ionizing radiation to a
reporting or authorization procedure.

The Commission is unaware of the trend to abandon the
use of americium 241 in the majority of Member States.
The latter is used primarily in measuring and detection
instruments. The Member States have subjected use of
this radionuclide, in smoke detectors or industrial gauges,
for example, to the abovementioned authorization
procedure. Activities which make use of americium where
its total activity is less than 5 000 Becquerels are exempt
from this procedure. Also exempt are sealed sources
approved by the competent authority which at no point
0,1 m from their accessible surface emit a dose greater
than 1 micro-Sievert per hour.

The Commission therefore considers that it is possible to
use americium 241 under certain conditions and in

accordance with Directive 80/836/Euratom.

O OJNoL246,17.9.1980.

WRITTEN QUESTION No 862/90

by Mrs Winifred Ewing (ARC)

to the Commission of the European Communities

_(9 April 1990)_

(90/C 325/40)

_Subject:_ Investigations into agricultural fraud

What is the procedure by which agricultural frauds are
investigated and what role does the Commission play in
the investigation? Are any sanctions imposed on the
offenders?

Answer given by Mr Delors
on behalf of the Commission

_(26 June 1990)_

Responsibility for investigating and combating
irregularities lies first and foremost with the Member
States. Article 8 of Regulation (EEC) No 729/70 O
specifically states that the Member States are responsible
for prevention and counteraction.

The Commission has a number of legal instruments at its
disposal for the carrying out of inspections and inquiries,
namely:

(a) Article 9 of Regulation (EEC) No 729/70 O for
action by the Commission itself;

(b) Article 6 of Regulation (EEC) No 283/72 ( [2] ) under
which the Commission may ask to hold
administrative inquiries in which its officials may
take part.

In the case of charges levied on imports of agricultural
products, Regulation (EEC) No 1552/89 ( [3] ) provides for
collaboration with the Member States on the prevention
and combating of fraud, including on-the-spot
inspections by agents authorized by the Commission.

Furthermore, in the more general context of mutual
assistance ( [4] )> the Commission has special machinery at its
disposal, by means of which it is kept informed and, if
necessary, can intervene or take steps to facilitate or
imprpve action by the Member States.

The Commission attaches special importance to the use of
sanctions to help protect the Community's financial
interests. A number of regulations for the common
organization of the markets in various products provide
for specific action in the event of a failure to comply with
their provisions, such as temporary exclusion from aid
schemes, withdrawal of recognition, loss of deposits
together with, in some cases, payment of an additional
amount, or the application of measures with a financial

No C 325/24 Official Journal of the European Communities 24. 12. 90

effect, such as those set out in Article 8 of Regulation
(EEC) No 1738/89 ( [5] ). Furthermore, as the Court of
Justice has just confirmed in its ruling in Case 68/88,
Member States are required to combat fraudulent
activities detrimental to the Community budget in the
same way as fraudulent activities detrimental to their own
budgets.

O OJ No L 94, 28. 4. 1970.
O OJNoL36, 10.2. 1972.
O OJ No L" 155, 7. 6. 1989.
O OJNoL 144,2.6. 1981.
(*) OJ Not 171, 20. 6. 1989.

WRITTEN QUESTION No 863/90

by Mr Alonso Puerta (GUE)

to the Commission of the European Communities

_(9 April 1990)_

(90/C 325/41)

_Subject:_ Construction of a special drainage system for
certain types of effluent in the municipality of
Corvera (Asturias — Spain)

As part of the programme of action for the treatment of
industrial effluent a special drainage system is to be
constructed in the municipality of Corvera (Asturias —
Spain) for certain types of effluent. This project would be
cofinanced by the Community.

The spokesman of the Asturias Environmental Agency is
quoted by the press as saying that the effluent to be
channelled through this drainage system as highly toxic
and dangerous.

It is also possible that it will contain substances listed in
Directive 78/319/EEC O in which case Member States
are required under Articles 5 and 9 of the Directive to
ensure that it is disposed of without endangering human
health and without harming the environment, using
authorized installations.

In addition, Directive 80/86/EEC ( [2] ) on the protection of
groundwater against pollution by certain dangerous
substances and Directive 85/337/EEC ( [3] ) requires
Member States to carry out an environmental impact
survey, taking particular account of the effects on
groundwater.

1. Can the Commission ascertain from the Asturian
authorities that Community legislation in respect of
effluent containing toxic and dangerous waste is being
properly implemented?

2. Can the Commission pass on all the information
which it receives concerning this drainage system?

O OJNoL84,31.3. 1978, p. 43.
( [2] ) OJ No L 20, 26.1.1980, p. 43.
( [J] ) OJ No L 175, 5. 7. 1985, p. 40.

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

_(9 August 1990)_

The Commission has taken note of the matter raised by
the Honourable Member and will ask the Spanish
authorities to provide information on the application of
Community directives in respect of the waste disposal
facility at Corvera (Asturias).

It will pass on their comments to the Honourable
Member.

WRITTEN QUESTION No 865/90

by Mr Carles-Alfred Gasdliba I Bohm (LDR)

to the Commission of the European Communities

_(9 April_ _1990)_

(90/C 325/42)

_Subject:_ Life assurance contracts combining assurance on
survival and assurance on death

Are the following considered to be insurance contracts
within the meaning of Article 1 (1) of the first Council
Directive of 5 March 1979 (79/267/EEC) ( [l] ): the
operations in which two single premiums are paid
together on entry into a contract with a company which
undertakes to pay to a designated beneficiary:

1 In the case of survival of the insured person at the end
of the term agreed (1, 2, 3, 6 or 10 years) deferred
capital calculated in accordance with the type of
insurance contract on the basis of recognized
mortality tables and invariably combined with one of
the contracts for assurance on death referred to under
paragraph 2 below.

2. In the case of death of the insured person during the
agreed term: Contract type A: (1) if the duration of the
contract is one year a capital payment equal to the
deferred capital, (2) if the duration of the contract is
greater than one year, capital payments which vary
annually depending on the premiums paid
compounded at the end of each year at the agreed rate
of interest.

Contract type B: Option (a): variable monthly capital
amounts determined by the corresponding
mathematical reserves at the end of the previous
month, Option (b): a capital payment equal to the
premiums paid?

It should be noted that the policyholder is entitled to
redemption from the month following the drawing up of
the contract, the redemption being the daily linear

24. 12. 90 Official Journal of the European Communities No C 325/25

interpolation of the mathematical reserves calculated on a
monthly basis.

O OJNoL63,13.3.1979, p. 63.

Answer given by Sir Leon Brittan
on behalf of the Commission

_(14 August 1990)_

Under the First Council Directive 79/267/EEC on the

coordination of laws, regulations and administrative
provisions relating to the taking up and pursuit of the
business of direct life assurance, the power to supervise
and check insurance undertakings engaged in life
assurance and to monitor the products which they intend
to use was conferred on the competent authorities of the
Member States (Articles 6 to 12 of the Directive). It is
therefore for the supervisory authority of the competent
Member State, pursuant to the Directive, to supervise the
taking up and pursuit of the business of direct life

assurance.

Similarly, on the basis of the division of powers laid down
in this field by the Community legal system, it is also for
the competent authorities of the Member States to check
whether the products which authorized insurance
undertakings intend to market constitute insurance
activities or operations which such undertakings are
permitted to carry on (Article 1 (1) and (2) of the
Directive). The competent authorities of the Member
States must also ensure that such products comply with
the legal provisions applicable.

For the purposes of carrying out this task, Community
law allows such authorities to require insurance
undertakings to submit their general and special policy
conditions, their insurance policies and their technical
bases and the data needed to calculate premium rates and
may even require the prior approval of such documents.

Under Community law as it stands at present, the
Commission is not therefore competent to determine
whether a particular product which an insurance
undertaking intends to use may be deemed to be an
insurance contract or not, since the Commission is not
empowered to analyse the technical and contractual
documentation on which the product is based.

In the context of the completion of the internal market in
the insurance sector, the Commission is in favour of the
free movement of all insurance products offered by
insurance undertakings in the Member States. The
Commission therefore intends, in the third Directive on
direct insurance other than life assurance, which will be
presented to the Council soon, to propose that
policyholders be allowed to take out insurance policies
authorized by the law of the Member State of the insurer,
even if such policies are not marketed in the policy
holder's home Member State, provided that such policies
do not conflict with legal provisions protecting the

general good in the Member State in which the risk to be
covered is situated. The Commission also intends to

propose the abolition of any prior approval of new
insurance contracts.

WRITTEN QUESTION No 866/90

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(9 April 1990)_

(90/C 325/43)

_Subject:_ Accession of the Community to the European
Convention on Human Rights

In answer to my Written Question No 1792/88 O of 8
December 1988 the Commission refers to its

memorandum of 10 April 1979 on the accession of the
European Communities to the Convention for the
Protection of Human Rights and Fundamental Freedoms,
in which it stated that it was in favour of the accession

desired by the Honourable Member. It reiterated its
favourable stance in its communication to the European
Parliament of 24 June 1989 on a People's Europe. In
paragraph 410 of its Programme for 1990 the
Commission announces that it will take action during the
year with a view to the Community becoming a party to
the Strasbourg Convention on Human Rights, thereby
guaranteeing enhanced protection for citizens' rights in
respect of Community acts in keeping with the principle
of subsidiarity.

The Council has unofficially drawn attention to the
following obstacles to accession:

1. Article 66 of the Convention as it stands precludes
European Community accession to the Convention,
making it necessary to renegotiate the procedures;

2. The role of the Court of Justice would be weakened

and made more complicated and slower by the
intervention of the institutions set up under the
European Convention (Committee of Ministers and
Court);

3. The: scope of the European Convention is wider than
the fundamental rights which the Community
Institutions are required to respect in obscuring their
powers under the Treaties: for example Article 3 on
torture and Articles on the deprivation of liberty
contained in the Convention exceed the field of

competence of the Community, which has no policing

powers.

Has the Commission already taken the measures it
announced, in view of the possibility of invoking
Article 235 and the need to promote a people's Europe
within the framework of the Twelve, and the upheavals

No C 325/26 Official Journal of the European Communities 24. 12. 90

which have taken place and continue to take place in
Central and Eastern Europe, which regards the
Community as a bastion of freedom?

O OJNoC 151,19.6.1989, p. 36.

Answer given by Mr Delors
on behalf of the Commission

_(21 June 1990)_

The Commission has not yet taken the action referred to
in its programme.

It proposes to do so in the third quarter of 1990, when it
will state its position on the obstacles which have been
cited as standing in the way of accession, in particular
those referred to by the Honourable Member. In so
doing, it will update the guidelines set out in the
memorandum of 1979 for adapting the 1950 Convention
and its machinery for monitoring compliance with human
rights to enable the Community to accede.

These adaptations could remove the obstacles referred to
at points 1 and 3 of the question.

Accession would not weaken the Court of Justice of the

European Communities or slow down its procedures. It
would merely entail a review of the acts of the
Community institutions by the Commission and the
Court of Human Rights. The Constitutional and Supreme
Courts of the Member States are subject to this process of
review without their being weakened by it.

WRITTEN QUESTION No 900/90

by Mr Luigi Vertemati (S)

to the Commission of the European Communities

_(9 April 1990)_

(90/C 325/44)

_Subject:_ 'Clean products'

In its resolution of 19 June 1987 (*) on the waste disposal
industry, the European Parliament called for the affective
application of a Community label for 'clean products'.

Does not the Commission consider that a Community
system to promote 'clean products', based on an
assessment of their environmental impact during their
entire life cycle, must be established as a matter of
urgency and that such a system should be put into practice
by drawing up lists of the uses of these products in order
of priority?

(') OJNoCl90, 20. 7. 1987, p. 154.

Answer given by Mr Ripa di Meana

on behalf of the Commission

_(27 June 1990)_

The Commission is currently preparing a proposal for a
Regulation on the setting up of a Community ecological
labelling system. Its work takes account of the results of a
feasibility study carried out in 1989. The study has been
closely followed by a reference body made up of
representatives of the groups concerned, i.e. the Union of
Industries of the European Community (UNICE), the
European Bureau of Consumers' Unions (BEUC) and the
European Environmental Bureau (BEE).

The Commission will propose an integrated decentralized
system operating at two levels:

— the Community level at which all uniform decisions
(criteria, final selection of products, surveillance) are
taken by a regulatory committee within the meaning
of Article 2 of Council Decision 87/373/EEC of 13

July 1987 (*), and by a multipartite committee made
up of all economic partners;

— the national level at which general management is
carried out (submission of applications; notification
to the Commission; preselection and
recommendations; conclusion of contracts).

The Community criteria will be established by assessing
the environmental impact of products during their entire
life cycle, i.e. production, distribution, consumption and
use as well as disposal after use.

0 OJNoLl97,18.7.1987, p. 33.

WRITTEN QUESTION No 923/90

by Mr Ernest Glinne (S)

to the Commission of the European Communities

_(17 April 1990)_

(90/C 325/45)

_Subject:_ Use of budget Article 636 to defend and promote
the less common languages

In Belgium, budget Article 636 has been used to fund:

1. a symposium in Arlon on 17 and 18 January 1987 on
the position in Belgium with regard to German and
dialects thereof;

2. a symposium in Eupen on 26 and 27 March 1987 on
the position in Belgium with regard to German and
dialects thereof;

24. 12. 90 Official Journal of the European Communities No C 325/27

3. a conference in Butgenbach in October 1989
organized by the Further Training Institute for
German-Speaking Communities.

In each instance, what amount was involved, what was the
date on which payment was made from the Community
budget, and what is the identity and amount contributed
by the other cofinancing partners ?

Answer given by Mrs Papandreou
on behalf of the Commission

_(20 June 1990)_

Between 1986-1989 the Commission supported under
budget line 636 for the safeguard and promotion of lesser
used languages, several actions which took place in
Belgium.

1. Action

Preparatory colloquium, held in Arlon on 17 and 18
January 1987 to prepare a general symposium on the
situation of German as a minority language in five
Member States (Belgium, Denmark, France, Italy,
Luxembourg), gathering together delegates and experts
from these Member States to exchange information.

Organizer: The Belgian Committee of the European
Bureau for Lesser Used Languages.

Commission support: ECU 15 000 (or _77%_ of the total
cost) towards the organization of the colloquium.

Date of convention: 10 September 1986.

Other sources of revenue: Other national and regional
Belgian authorities.

2. Action

Publication of the Report of the General Symposium on
'German as usual native or dialectal tongue in the
countries of the European Community'. The general
symposium was held in Eupen on 26-27 March 1987.

Organizer: The Belgian Committee of the European
Bureau for Lesser Used Languages.

Commission support: ECU 6 150, to cover only printing
and publication costs.

Date of convention: 17 December 1987.

Other sources of revenue: None for this part of the action.

3. Action

Conference, gathering young people from 20 European
minorities, held at Butgenbach in October 1989.

Organizer: IN ED — Institut pour la formation continue
des Communautes linguistiques allemandes.

Commission support: ECU 11 500, 50 % of total cost.

Date of convention: 21 June 1989.

Other sources of revenue:

— Gemeinnutzige Hermann Niermann Stiftung: Bfrs

1 900 000

— Deutschsprachige Gemeinschaft Belgiens: Bfrs
100 000

— Belgische Nationallotterie: Bfrs 50 000

WRITTEN QUESTION No 931/90

by Mr Paul Staes (V)

to the Commission of the European Communities

_(17 April 1990)_

(90/C 325/46)

_Subject:_ Involvement with CEADS

The European Federation of Special Waste Industries
(CEADS) was set up some time ago. One of the
individuals involved with this body is Jean-Marie Junger
(F), the Director in Commission DG XI responsible for
waste management.

Since CEADS represents the creme de la creme of
Europe's waste pedlars (some 100 strong), whose
reputations has not always been of the most unblemished,
I wonder whether the involvement of certain individuals is

entirely right and proper.

How does the Commission view this, and can it say
whether Mr Junger has ended up being involved on the
instructions of the Commission as part of his duties?

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

_(21 June 1990)_

Mr Junger is an official of the European Communities,
working for the Commission as Head of the Waste
Management unit in DG XI. He is not involved in the
activities of CEADS.

WRITTEN QUESTION No 942/90

by Mr Filippos Pierros (PPE)

to the Commission of the European Communities

_(17 April 1990)_

(90/C 325/47)

_Subject:_ New uses for flax

The Commission has provided large subsidies (recently
approximately ECU 5 million) to promote the use of flax

No C 325/28 Official Journal of the European Communities 24. 12. 90

in the clothing sector. However, since this sector has now
reached its limit for the absorption of flax and does not
offer any further potential for the absorption of short
fibres, does the Commission (DG VI) not consider that it
should intensify its efforts to develop new uses of flax?
What measures does it intend to take to develop new uses
of flax in chemicals, plastics and raw material?

Answer given by Mr Mac Sharry
on behalf of the Commission

_(18 July 1990)_

Community measures to encourage the use of flax include
both promotional measures to encourage its use in
traditional sectors such as clothing, furnishing and
household linen and measures to find new outlets and

improved products, in particular, to increase outlets for
short fibres.

These measures have been taken under a programme
presented to the Council by the Commission covering the
1987/88, 1988/89 and 1989/90 marketing years. It will
run to the beginning of 1991.

The Commission intends to present a new multi-annual
programme to the Council at the end of 1990. It will
include information measures and measures to find new

markets for flax.

Finally, the Council has granted ECU 37,50 per hectare
for flax in the 1990/91 marketing year, which represents
10 % of all the aid granted for fibre flax during the year.

WRITTEN QUESTION No 953/90

by Mrs Raymonde Dury (S)

to the Commission of the European Communities

_(25_ _April 1990)_

(90/C 325/48)

_Subject:_ Standardization of RDS route guidance by radio
for cars

An efficient system of route guidance by radio reduces
risks of traffic jams and resulting accidents. RDS (Radio
Data System) and TMC (Traffic Message Channel) are
automatic systems of route guidance by radio using an
accessory equipped with a digital code to pick up traffic

information from a central transmitter. This requires
specialized equipment which, while not generally
available today, is being more widely developed.

Will the Commission take the necessary measures to
promote the standardization of the equipment and
procedures so that this system can be easily used
throughout the territory of the European Community?

Answer given by Mr Pandolfi
on behalf of the Commission

_(11 June_ _1990)_

The Commission is aware of the value of route guidance
systems in reducing risks of traffic jams and accidents and
ensuring a more rational use of the road network. The
Drive programme (Dedicated Road Infrastructure for
Vehicle Safety in Europe) developed by the Commission
has been designed to encourage research and
development in this particular field, and its results should
help speed up standardization.

One of the Drive projects is concerned specifically with
the study of the transmission protocols of the RDS-TMC
system (Radio Data System — Traffic Message Channel)
for broadcasting information on the traffic situation.
Although the system has limited transmission capacity
(around 200 bits/second) it can provide a huge range of
road services, from up-to-the-minute information on the
traffic situation, accidents and the weather to tourist
(hotels, restaurants, late-duty chemists, etc.) or cultural
(exhibitions, etc.) information. The study involves close
collaboration with the European Broadcasting Union and
the European Conference of Ministers of Transport.

In addition, close attention is being given to the work of
the CENELEC technical committee (TC 107) responsible
for drawing up European standard EN 50,067, which
defines the harmonized specifications of the basic system
(RDS). The Commission intends to ask the European
standardization bodies to draw up standards in this area
taking account of the abovementioned research project
and carry out any necessary further work on the
harmonization of the RDS-TMC system reserved for
road information and car route guidance. This initiative
should facilitate the use of a harmonized system
throughout the European Community and encourage its
extension to the EFTA countries.

24.12.90 Official Journal

WRITTEN QUESTION No 978/90

by Mr Joaquin Siso Cruellas (PPE)

to the Commission of the European Communities

_(25 April 1990)_

(90/C 325/49)

_Subject:_ Environmental impact of a projected plant for
recycling aluminium salts in Alquife (Granada)

Plans exist in Spain for the construction of a plant for the
recycling of aluminium salts near Alquife. It has been
announced that this plant will receive a large amount of
Community aid and that it is situated in an area covered
by Objective No 1.

Since the Government of Andalucia is the regional
administrative body which is competent to enforce or
require the enforcement of Community environmental
legislation and since an environmental impact survey of
industrial projects must be carried out before Community
investments are made, can the Commission say it has been
informed of this project and, if so, whether the findings of
the scientific and technical environmental impact study in
respect of this plant for the recycling of aluminium salts
are favourable or unfavourable?

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

_(26 June 1990)_

The Commission is not aware of the project referred to by
the Honourable Member since it has not yet been
submitted for ERDF financing as an individual project.

Moreover, according to information from the competent
national authorities, Andalucia's work programmes,
which might include this project, will be sent to the
Commission only during the next few months.

Should this project be one of the operations proposed by
the regional government of Andalucia, the Commission
will not fail to see that Community law on environmental
impact is complied with.

WRITTEN QUESTION No 1053/90

by Mrs Mary Banotti (PPE)

to the Commission of the European Communities

_(10 May 1990)_

(90/C 325/50)

_Subject:_ Hare coursing

Following the Schmid report on blood sports (Doc. A
2-0356/88), has the Commission taken any measures to
control enclosed live hare coursing in Ireland?

in Communities No C 325/29

Answer given by Mr Ripa di Meana

on behalf of the Commission

_(28 June 1990)_

As the Honourable Member will be aware, the Schmid
report on possible legal action against events involving
cruelty to animals was adopted by the European
Parliament's Environment Committee. This report was
passed to the Petitions Committee as the Environment
Committee's opinion on a series of petitions, but the
European Parliament has not yet adopted a definitive
position on it. Accordingly, the Commission has not
received any official document from the European
Parliament on this matter.

Given this situation and in view of Article 130 R of the

Single European Act, the Commission believes that the
practice of hare-coursing, which is carried out at a very
localized level in two Member States, is best regulated at
the level of the Member States concerned.

WRITTEN QUESTION No 1063/90

by Mr Ernest Glinne (S)

to the Council of the European Communities

_(10 March 1990)_

(90/C 325/51)

_Subject:_ Pension funds in the iron and steel industry

During the severe crisis in the iron and steel industry
several of the Community's Member States adopted
special social measures for the workers in this sector when
they were given early retirement following restructuring

measures.

In Belgium the metals section of the FGTB union
organization has been advocating a novel statute for
steelworkers since 1979.

It involves granting early retirement to steelworkers who
have 30 years service in the sector and to workers aged
over 50 who have at least 10 years service in the iron and
steel industry.

Such voluntary retirements would be offset by hiring
wholly unemployed workers who are in receipt of
benefits, except in "the case of restructuring measures
recognized by the trade union organizations.

No C 325/30
Official Journal of the European Communities 24. 12. 90

The replacement income would be financed by a state
contribution, ECSC grants and an employers'
contribution calculated on the salaries subject to social
security deductions.

These various resources would be paid into a national
fund managed on a joint basis and responsible for making
payments to the beneficiaries.

Could such a proposal be considered as a model for
similar provisions for the iron and steel workers of the
twelve Member States of the Community, in the
Framework of the European social area?

Would such a project not help to place all iron and steel
undertakings under the same financial constraints,
eliminate the disastrous effects of rationalization and

develop job opportunities for young people ?

What financing could the ECSC provide for this national
fund, referred to in the proposed statute for iron and steel
workers?

What are the current provisions of this type (early
retirement with benefits) adopted by the Member States?

Answer given by Mrs Papandreou
on behalf of the Commission

_(21 June 1990)_

As regards the proposal which has been made, which is
connected with the planned 'statute for steelworkers', the
Commission would point out that these matters have
already been studied, in particular within the context of
the Joint Committee on the harmonization of working
conditions in the steel industry. It became apparent from
those deliberations that no consensus could be reached

and that the proposal had not gained the support of all the
delegations.

At Member State level, the tendency is more towards the
withdrawal of the special measures introduced during the
previous period in order to 'normalize' the steel sector in
relation to other industries.

As for the Commission, it has just harmonized the terms
and arrangements for ECSC assistance in the matter of
worker readaptation aids provided for in Article 56 (2) (b)
of the Treaty of Paris, the article which remains the legal
basis for such assistance. Thus, aid for early retirement
measures is granted only in so far as the workers
concerned lose the job they held in an ECSC activity as a
result of permanent measures for the cessation, reduction
or change of activity, and the Member State makes a
contribution which is at least equivalent to the amount
granted by the ECSC. The amount of aid is henceforth
subject to common ceilings, which are defined in the
bilateral agreements.

These rules apply in all the Member States, whatever their
internal systems of organization.

It would therefore in my view be appropriate for the
deliberations on this matter to take account of this new

framework.

WRITTEN QUESTION No 1084/90

by Mrs Winifred Ewing (ARC)

to the Commission of the European Communities

_(10 May 1990)_

(90/C 325/52)

_Subject:_ Community aid for nuclear industry job loss

areas

Having noted the Commission's recently announced
RECHAR initiative to assist with the economic

conversion of areas affected by the loss of mining jobs,
will the Commission commit itself to the development of a
similar programme to assist those areas affected by
nuclear industry job losses, given the fact that as many as
50 nuclear power plants are to be shut down by the year
2000?

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

_(21 June 1990)_

The Commission does not share the view of the

Honourable Member that nearly 50 nuclear power plants
will be shut down by the year 2000.

What is more, when certain power stations do come to the
end of their useful technical and economic life, they will
be replaced by new nuclear or conventional power plants,
which will absorb the qualified staff released by the
shutting down of the old plants.

WRITTEN QUESTION No 1091/90

by Mr Jean-Pierre Raffarin (LDR)

to the Commission of the European Communities

_(10 May 1990)_

(90/C 325/53)

_Subject:_ Homeopathic products

The Commission has submitted to the Council proposals
for directives to guarantee the safe use of homeopathic
products for human and veterinary medicine.

Does the Commission also intend to submit proposals for
directives on measures to ascertain the effectiveness of

such products?

24. 12. 90 Official Journal of the European Communities No C 325/31

Answer given by Mr Bangemann
on behalf of the Commission

_(21 June 1990)_

In the proposals it forwarded to the Council and
Parliament on homeopathic medicinal products ('), the
Commission sought to avoid being drawn into the debate
between supporters and opponents of the effectiveness of
homeopathy. The eighth enacting term of the two
proposals refers to the methodological problems which
would arise in seeking to apply the clinical tests devised
for conventional medicines to homeopathic products.

The proposals are designed first and foremost to protect
the consumer as regards the quality and safety of these
remedies, which are distinguished from other medicines
by their different labelling.

As regards their therapeutic effect, the proposals provide
for two separate procedures:

— under Article 7, a simplified procedure which requires
no proof of therapeutic effect for certain products
which are safe and are marketed without any specific
therapeutic indication;

under Article 9, proof of therapeutic effect is required

for other homeopathic medicinal products, in

particular those marketed as being effective against

specific complaints.

0 OJ No C 108,1.5.1990, p. 1C.

WRITTEN QUESTION No 1107/90

by Mr James Ford (S)

to the Commission of the European Communities

_(14 May 1990)_

(90/C 325/54)

_Subject:_ Portable pension rights

In the run-up to 1992, has the Commission made
provision to make migrant workers' pension
contributions transferable and portable throughout their
career? If not yet, will this be dealt with under the Single
Act? If provision has already been made, would the
Commission kindly advise upon the situation of the
constituent in the enclosed correspondence?

Answer given by Mrs Papandreou
on behalf of the Commission

_(20 July 1990)_

Basic state pension benefits were made portable many
years ago in order to ensure the free movement of
workers within the Community. According to Council

Regulations (EEC) No 1408/71 and (EEC) No 574/72 (')
however, only the transfer of the entitlement to social
security benefit is possible, not the transfer of the
accumulated social security contributions.

These regulations which coordinate the various social
security systems of the Member States do not apply to
occupational pension plans. The Commission fears that
this lack of coordination may constitute an obstacle to the
freedom of movement of persons and is currently
studying the problem. In its action programme relating to
the implementation of the Community Charter of Basic
Social Rights for Workers the Commission has therefore
announced its intention to submit a communication on

this matter to the Council in order to stimulate a political
debate.

This, however, does not apply to persons who are seeking
the transfer of their contributions paid to a state pension
scheme which is covered by Regulations (EEC)
No 1408/71 and (EEC) No 574/72. These persons will be
able to apply for a pension from each of the state pension
schemes they contributed to during their careers at the
moment when they reach the prescribed retirement age
for a given state pension scheme.

This procedure has been working for many years and for
a large number of migrant workers and it provides better
safeguards against an erosion of the real value of an

individual's contributions than a transfer into most

private pension plans.

Such transfers would also be incompatible with the fact
that state pension schemes are financed on a
pay-as-you-go basis which means that contributions are
not invested on behalf of an insured person until her or
his retirement but that they are used to pay the pensions
of current pensioners. The pensions of those who
currently pay contributions to a pension scheme will be
financed by a future generation of workers.

O OJ No L 230, 22. 8. 1983, as last amended by Regulation
(EEC) No 3811/86 (OJ No L 355,16. 5. 1986).

WRITTEN QUESTION No 1116/90

by Mr Proinsias De Rossa (CG)

to the Commission of the European Communities

             - _(14 May 1990)_

(90/C 325/55)

_Subject:_ Nuclear safety inspectorate

Will the Commission state whether it favours the

establishment of a transnational EC nuclear inspectorate
with powers to inspect nuclear power stations and
reprocessing plants in Member States to ensure
compliance with European safety standards, what studies
have been carried out on the feasibility of such a proposal,
what timescale is envisaged for its implementation, which,

No C 325/32 Official Journal of the

if any, governments of Member States have submitted
proposals in this area, whether proposals or discussions
have taken place or are envisaged with European
countries outside the EC, which ones, and the response, if
any from these States ?

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

_(9 August 1990)_

On 20 December 1989, the Commission decided, under
Article 35 of the Euratom Treaty, to restart inspections of
installations in order to monitor the levels of radioactivity
in the environment and verify the extent to which the
basic standards are being respected (Directive
80/836/Euratom) O- In principle inspections will extend
to any installations emitting radioactive effluents, but
they will apply above all to nuclear power stations and
retreatment plants.

These inspections will enable the Commission to know
whether the basic standards are being uniformly applied
in the Member States and will work in favour of their

application being harmonized without requiring any
change in the primary responsibility of the national
authorities to ensure that the basic standards are being
respected.

The Commission is currently holding a series of bilateral
meetings with these Member States which have nuclear
installations with a view to establishing the details for the
organization of the inspections. The Commission
envisages commencing the inspections before the end of
the year.

Although the Commission decision is concerned solely
with the Member States of the Community, who alone
can be signatories of the Euratom Treaty, certain third
countries, including Czechoslovakia, have shown an
interest in this kind of monitoring. The Commission is
currently examining how it might be possible to make the
knowledge it has in the field of nuclear safety available to
any third country that might request it.

O OJNoL246,17.9. 1980, p. 1.

WRITTEN QUESTION No 1124/90

by Mr Thomas Maher (LDR)

to the Commission of the European Communities

_(14 May 1990)_

(90/C 325/56)

_Subject:_ Statistics on net employment and net emigration
and net migration

Recently the Commission stated that 8,5 million jobs had
been created in the Community since 1984. In isolation,

European Communities 24. 12. 90

this figure does not reveal the full truth of the position.
Could the Commission say what the position is in terms of
jobs created and jobs lost for this period ?

Furthermore, what is the figure for the net emigration of
people, of a working age, from the Community and the
net migration figure, for the same category of people,
between Member States — over the same period?

Answer given by Mr Christophersen
on behalf of the Commission

_(29 June 1990)_

The statistics compiled by the Community can provide
reliable estimates of employment and population levels
and of changes in these levels.

However, it is impossible in practice to monitor all
individual movements, and this for various reasons —
methodological (treatment of regrading of jobs),
budgetary (cost of surveys) and legal (law on privacy).

Nevertheless, the Community labour force survey
provides with a one-year time lag certain particulars on
changes in people's employment situation.

The replies of those questioned in the Community (with
the exception of Italy, where the question is not included)
indicate the following annual changes:

_(in_ _millions)_

Spring
1987/88

6,15

8,96

128,4

2,81

Those losing their job

Those finding their job

Those retaining their job

Net increase

Spring
1986/87

6,09

7,75

125,9

1,66

These results are based on retrospective questions of
limited reliability and do not record changes in the course
of the period surveyed. They simply compare the situation
at the beginning of the period with that at the end of the
period.

Since Spain and Portugal began carrying out the
Community labour force survey, only as of 1986, the
above analysis cannot be made for the periods 1985/86
and 1984/85. For the period 1988/89, it can be made only
once the questionnaires have been returned to the
Statistical Office of the European Communities by all the
national statistical institutes.

24. 12. 90 Official Journal of the European Communities No C 325/33

The survey, which covers the entire Community, does not
provide any information on - emigration from the
Community. Furthermore, data on immigration from
non-member countries and migration within the
Community are systematically underestimated for
technical reasons.

The two components (immigration and emigration) of the
net position regarding migration cannot at present be
identified in all Member States or broken down by age
category. The net position for the Community is as
follows:

_(in_ _thousands)_

Period

1983/84

1984/85

1985/86

1986/87

1987/88

Net position
regarding migration

+ 38

+ 299

+ 312

+ 326

+ 555

WRITTEN QUESTION No 1210/90

by Mr Frangois-Xavier de Donnea (LDR)

to the Commission of the European Communities

_(22 May 1990)_

(90/C 325/57)

_Subject:_ Maximum levels for exposure to radon

In February 1990 the Commission adopted a
recommendation on protection from exposure to radon in
buildings.

1. What provision has the Commission made to obtain
full information from the Member States on their
implementation of the recommendation?

2. In what circumstances, by what means and according
to what timetable, does the Commission envisage
reviewing its text to turn it into a directive?

3. Why did the Commission decide to submit a
recommendation, rather than a proposal for a
directive?

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

_(21_ _June 1990)_

On 21 February 1990 the Commission adopted a
recommendation on the protection of the public against
indoor exposure to radon ('). The nature of the problem,
the possible implications of the results of current scientific
research into certain aspects of the problem and the lack

of initiatives at national level, except in one Member
State, led the Commission to consider a recommendation
more appropriate than a directive for the time being.

Later this year the Commission will be bringing together
representatives of the competent authorities of the
Member States so as to gather information on the current
implementation of the recommendation and on the action
planned by the various Member States.

The Commission will continue to encourage scientific
research in this field, particularly through four important
multinational projects under the Radiation Protection
Programme 1990-1991, and will follow national
initiatives closely. On the basis of the information and
experience it acquires, the Commission will re-examine
the text of the recommendation, the provisions of which
could be included in the directive on basic safety
standards (Directive 80/836/Euratom) for the health
protection of the general public and workers against the
dangers of ionizing radiation ( [2] ) when next revised.

O OJ No L 80, 27. 3.1990, p. 26.
O OJNoL246,17. 9.1980, p. 1.

WRITTEN QUESTION No 1216/90

by Mr Francois-Xavier de Donnea (LDR)

to the Commission of the European Communities

_(22 May 1990)_

(90/C 325/58)

_Subject:_ Creation of an EEC/India Business Council

On 6 March 1990, on the occasion of a visit to Brussels by
the Indian Foreign Minister, Mr Matutes proposed the
creation of an EEC/Indian Business Council.

1. How does the Commission intend to go about this?

2. Has the Commission already consulted industrial
interests on this subject?

3. Has the Commission already carried out a feasibility
study, particularly as regards legal aspects?

Answer given by Mr Matutes
on behalf of the Commission

_(30 July 1990)_

The EC-India Joint Commission, which took place in
Brussels on 30-31 May 1990, examined further the idea of
establishing a Business Forum (not 'Council')

No C 325/34
Official Journal of the European Communities 24. 12. 90

The proposal is for a Business Forum meeting twice a year
involving representatives of Indian Ministries and
officials dealing with finance, commerce and industry, the
Commission of the European Communities, National
Chambers of Commerce, and leading business
associations and industry.

The objective is to have an _informal forum_ which discusses
and reflects on business cooperation matters in the form
of exchange of information, ongoing trends, broad
strategy and policy questions.

In following up the subject, the Commission is in contact
with the Government of India, Member States and the
business community. No studies are envisaged at this

stage.

WRITTEN QUESTION No 1249/90

by Mr Jose Valverde Lopez (PPE)

to the Commission of the European Communities

_(22 May 1990)_

(90/C 325/59)

_Subject:_ Programme for the recycling of saline sludge
produced by aluminium refining plants

In the context of the Community's environmental action
programme approval was given for a project for the
recycling of saline sludge produced by the rotary kilns in
aluminium refining plants, to be carried out by the firm
'Andaluza de recuperacion de sales SA'(Almeria), which
received financial aid totalling ECU 755 375. Can the
Commission say what the capacity of the plant is and what
volume of sludge is to be treated, or whether it is merely a
pilot project? Can the Commission also say whether,
when aid was granted, it had access to a study on the
environmental impact of the plant and reports on the
effects on the health of workers of the residues produced,
including alumina and its contribution to causing
'Shaver's disease'?

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

_(20 September 1990)_

The size of the projected installation, as stated in the
proposal, will permit the treatment of 100 000 tonnes of
slag per year.

In order to apply for financial support for demonstration
projects within the ACE programme (actions by the
Community rekting to the environment) it is not required
to include in the proposal any type of report on

environmental impact assessment or on the measures to be
taken in order to protect the health of the workers in the
industrial installations, as the demand for these
requirements falls within the responsibility of the
competent authorities in Member States at the time of
licensing an industrial installation. The ACE programme
focuses on the development of technologies, as in this
case for the recycling of waste.

WRITTEN QUESTION No 1292/90

by Mrs Johanna-Christina Grund (DR)

to the Commission of the European Communities

_(22 May 1990)_

(90/C 325/60)

_Subject:_ Discharge of waste substances into the Elbe

According to information supplied by Greenpeace,
Germed — a company manufacturing pharmaceuticals
near Dresden in the GDR — has been discharging
carcinogenic substances into the Elbe for decades.

1. Does the Commission now have information on the'

full extent of the scandalous discharge of harmful
substances by Germed, and can it furnish the
European Parliament with details of the risk from
these substances to the people living along the river as
far as its estuary?

2. Is the Commission aware that several thousand

employees of Germed are at present technically
unemployed because it has had to cease production?

3. Can Germed apply to the Commission for specific
financial aid (funds for the GDR under the PHARE
and BERD programmes) to improve its inadequately
functioning waste water plant?

4. How soon could such funds be supplied to Germed to
bring its waste water plant in line with statutory EC
standards?

5. Can the Commission state precisely what procedure
Germed has to follow, as an example to other
enterprises in the GDR engaged in similar activities?

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

_(6 August 1990)_

1 and 2. The Commission has not been informed of the

discharge of carcinogenic substances into the Elbe by the
company Germed, nor that it has ceased production.

24. 12. 90
Official Journal of the European Communities No C 325/35

3 and 5. Any application for Community aid should be
submitted by the Government of the Federal Republic of
Germany, not by the company itself. Germed should
therefore take the appropriate action at national level.

As regards the EBRD, applications for aid may be
submitted directly by the company concerned. This new
bank, which will become operational during the first half
of 1991, will be taking steps to ensure that the projects it
supports are environmentally sound.

4. The Commission does not have the relevant

information and is therefore unable to answer this point.

WRITTEN QUESTION No 1336/90

by Mr Alonso Puerta (GUE)

to the Commission of the European Communities

_(11 June 1990)_

(90/C 325/61)

_Subject:_ Radiation at the Energy, Environment and
Technology Research Centre (Madrid — Spain)

Any activity involving danger from ionizing radiation is
subject in the Community sphere to the provisions of
Council Directive 80/836/Euratom (*), which lays down
the basic safety standards for the health protection of the
general public and workers against the dangers of
ionizing radiation.

In this connection, the situation which has developed at
the Energy, Environment and Technology Research
Centre, which has now been widely leaked to the public, is
sufficiently serious for the EC Commission to make
urgent representations to the Spanish authorities.

Given the magnitude of the allegations, there are grounds
for supposing that application of the measures to protect
workers at the research centre is seriously deficient.

1. What approaches does the Commission intend to
make to the Spanish authorities to ensure correct
compliance with Directive 80/836/Euratom at this
research centre?

2. What urgent steps will the Commission take to
safeguard the workers at the Research Centre whose
health, together with that of their descendants is
seriously threatened?

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

_(13 September 1990)_

In its capacity as guardian of the Treaties, the
Commission has ascertained that Spanish law on health
protection against ionizing radiation complies in large
measure with Council Directive 80/836/Euratom of 15

July 1980. Some minor divergences do still exist, however,
and this has prompted the Commission to initiate an
infringement procedure. For further information on this
matter, the Honourable Member should refer to the
answer given by the Commission to his Written Question
No 1430/90 (').

From the information received by the Commission from
the Consejo de Seguridad Nuclear, the competent
authority for ensuring that CIEMAT complies with the
radiation protection standards, it emerges that the
workers' safety is constantly monitored by the Consejo by
means of inspections, evaluations and technical meetings.

After an industrial accident, which occurred at CIEMAT
on 9 April 1990 in which the annual dose limit for a
worker exposed to ionizing radiation was exceeded, the
Consejo studied the circumstances of the accident and
took measures to limit its consequences in accordance
with the requirements laid down in Directive
80/836/Euratom.

This being the case, the Commission is in no doubt that
the Spanish authorities have taken and will continue to
take all necessary measures to ensure that monitoring is
properly conducted in the establishments for which they
are responsible.

O See page 37 of this Official Journal.

WRITTEN QUESTION No 1350/90

by Mr Llewellyn Smith (S)

to the Commission of the European Communities

_(11 June 1990)._

(90/C 325/62)

_Subject:_ Euratom safeguards report — paragraph 27

Regarding paragraph 27 of the report on the operation of
Euratom safeguards (SEC(90) 452 final), what instances
have there been since (i) the founding of the European
Atomic Energy Community in 1957 and (ii) since the
implementation of Regulation No 3227/76 _(_ _[l]_ _)_ of
anomalies or infractions of the safeguards commitments
being reported to the Commission, and will the
Commission please set out full details of these?

(') OJNoL246, 17.9. 1980, p. 1. O OJ No L 363, 31.12.1976, p. 1.

No C 325/36 Official Journal of the European Communities 24. 12. 90

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

_(23 July 1990)_

The Commission would refer the Honourable Member to
its answer to Written Question No 1633/85 by Mr
Ford (') and to the 'Plumbat affair'.

0 OJNoC62,17.3. 1986.

WRITTEN QUESTION No 1352/90

by Mr Llewellyn Smith (S)

to the Commission of the European Communities

_(11 June_ _1990)_

(90/C 325/63)

_Subject:_ Euratom safeguards report — plutoniumcontaminated material

Regarding paragraphs 53-58 of the report on the
operation of Euratom safeguards (SEC(90) 452 final),
what account has been taken in developing the safeguards
accountancy system of the reliability of accounting for
plutonium contained in plutonium contaminated waste
material (PCM)?

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

_(23_ _July 1990)_

Pursuant to Article 79 of the Euratom Treaty and to
relevant provisions in Regulation No 3227/76, the
Commission sees no need to develop a further system of
safeguards accountancy for plutonium contaminated
waste material.

WRITTEN QUESTION No 1388/90

by Mr Jean-Claude Pasty (RDE)

to the Commission of the European Communities

_(13 June 1990)_

(90/C 325/64)

_Subject:_ Proposal for a Council regulation on the
marketing of game meat (COM(89) 496 final)

There has recently been a trend towards the breeding of
game, in particular deer and boar, for the purpose of
marketing game meat in the Community.

This is an interesting diversification of agricultural
activities and a means of combating surplus production.

However, the proposal for a regulation contained in
COM(89) 496 final, which seeks to harmonize conditions
for the marketing of game meat, is likely to hamper the
development of these breeding activities. In order to avoid
finding themselves relegated to a kind of ghetto, those
engaged in the breeding of game request that the flesh of
game bred in captivity be classified ad 'meat' under
Directive 64/433/EEC (') as subsequently amended.

A priori, there does not appear to be any reason for game
reared subject to stringent quality controls not to be
slaughtered and the carcasses cut and stored in the same
way as traditional livestock, independently of the
availability of local slaughtering facilities specified by the
proposal.

What are the Commission's views on this matter and, if
necessary, will it submit an amendment to its proposal to
take account of recent trends towards the breeding of
game, this being a development which should be
encouraged?

O OJNo 121,29.7.1964, p. 2012/64.

Answer given by Mr Mac Sharry
on behalf of the Commission

_(25 July 1990)_

The proposal for a Council Regulation concerning game
meat and rabbit meat (COM(89) 469 final) O extends to
farmed game from big mammals like deer or wild boars
the same conditions required for fresh meat according to
Directive 64/433/EEC on health problems affecting intra
Community trade in fresh meat.

Derogations are envisaged for personal consumption,
small trade and shooting in the place of origin of farmed

game.

O OJNoC327, 30.12.1989, p. 40.

WRITTEN QUESTION No 1403/90

by Mrs Christine Oddy (S)

to the Commission of the European Communities

_(13 June_ _1990)_

(90/C 325/65)

_Subject:_ Right to strike in the European Community

When will the Commission introduce legislative proposals
to establish a Community-wide right to strike which

24. 12. 90 Official Journal of the European Communities No C 325/37

ensures that strikers will not be dismissed, victimized or
penalized for striking?

Answer given by Mrs Papandreou
on behalf of the Commission

_(25 June 1990)_

The Commission's action programme relating to the
implementation of the Community Charter of Social
Rights for Workers does not foresee any legislative
measures on the approximation of the laws of the
Member States concerning the right to strike.

WRITTEN QUESTION No 1430/90

by Mr Alonso Puerta (GUE)

to the Commission of the European Communities

_(13 June 1990)_

(90/C 325/66)

_Subject:_ The application of Directive 80/336/EEC in
Spain

In connection with my Written Question No 1336/90 on
radiation at the Energy, Environment and Technology
Research Centre (Madrid, Spain) I should like the
following information.

In the sixth report on the application of Community law it
emerges that the Spanish Government is not correctly
applying Directive 80/836/EEC concerning health
protection for workers against ionizing radiation. On 31
December 1988 the Commission sent the Spanish
authorities a letter (A484/88) initiating infringement
proceedings pursuant to Article 169 of the EEC Treaty.

1. Can the Commission say whether this case has been

closed?

2. If not, can it say what stage has been reached in the
proceedings?

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

_(1_ _August 1990)_

As part of the infringement procedure to which the
Honourable Member refers the Commission contacted

the Spanish authorities. In view of their reply, it decided
to pursue the case.

WRITTEN QUESTION No 1449/90

by Mr Ian White (S)

to the Commission of the European Communities

_(13 June 1990)_

(90/C 325/67)

_Subject:_ Cosmetics testing on animals

Will the Commission please state the scientific basis for
the proposed compulsory testing of cosmetics on animals
and whether such compulsory testing is applied at the
present time in any EEC Member State.

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

_(17 July 1990)_

The Commission would refer the Honourable Member to

its answer to Written Question No 609/90 by Mr Bryan
Cassidy (').

O _O]_ No C 266,22.10.1990, p. 37.

WRITTEN QUESTION No 1522/90

by Mr Gordon Adam (S)

to the Commission of the European Communities

_(21 June 1990)_

(90/C 325/68)

_Subject:_ Formaldehyde emissions

In the UK no regulations presently exist to cover the
production of formaldehyde resin though emissions from
this product are known to contain dioxins and furans. In
the FRG, regulations covering this product do exist and
there are plans to strengthen them by 1992.

According to information received from the European
Commission, under EC definitions formaldehyde is a
category 3 'carcinogenic substance' and as such is not
covered by any EC Regulation on production. Could the
European Commission confirm this in writing and explain
in further detail the reason for the lack of emission

controls on formaldehyde? Could the Commission also
provide information on the control of formaldehyde in
EC Member States, Austria and Sweden? Finally, will the
Commission consider any changes to the present lack of
controls to ensure that workers in a production plant and
those living near a production plant are free from risks to
their health?

No C 325/38 Official Journal of the European Communities 24. 12. 90

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

a animals, by reducing, for instance, duplication? If such a

bank does not exist, would the Commission support the t
setting up of one? — and in what ways? s

_(27 July 1990)_ s

The Commission confirms that formaldehyde has been
classified and labelled as a category 3 carcinogen in
Council Directive 87/432/EEC of 3 August 1987 _Q)_ on
the eighth adaptation to technical progress of Directive
67/548/EEC ( [2] ). Carcinogens of category 3 are
substances which cause concern for man owing to possible
carcinogenic effects but in respect of which the available
information is not adequate for making a satisfactory
assessment. There is some evidence from appropriate _*_
animal studies, but: this is insufficient to place the &
substance in category 2. P

d

The main sources of formaldehyde emissions into the air
are industrial processes using formaldehyde as a raw $
material and the use of products containing
formaldehyde. Both of these sources cause primarily and 1. j
mainly indoor air pollution, which may pose a risk to
workers and consumers. As an outdoor air pollutant,
formaldehyde plays a role as volatile organic compound
(VOC) and undergoes relatively quick degradation by 2. _j_
oxidation.

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

_(1_ _August 1990)_

_*_ There are several commercial data bases containing

toxicological information for industrial chemicals,

P pesticides, drugs, etc., which can be used to avoid

duplication of testing on live animals. d

Some of the most important are:

1. MEDICINE (medical literature on line) which
contains human, dental and veterinary data, both
clinical and experimental;

2. TDB (Toxicology Data Bank) which contains
toxicological and pharmacological data;

On 12 June 1989, the Council adopted Directive 3 3.
89/391/EEC O on the introduction of measures to

encourage improvements in the safety and health of
workers at work. It contains a general strategy for the
protection of health and safety at work in all sectors of
activity and is based on the principles of primary ^
prevention or protection at source.

3 3. TOXLINE (Toxicology information on line)

containing international documentation of
toxicology, etc.

^ The Commission itself has set up a central data bank,

ECDIN (Environmental Chemicals Data and
Information Network) which contains relevant
information on about 60 000 chemical substances which l
are produced in significant quantities.

Furthermore, in the framework of Council Directive l

80/1107/EEC( [4] ) amended by the Council Directive 3

88/642/EEC ( [5] ), the Commission is actually working on
the establishment of limit values for occupational All these data banks, together with many others, are _j_
exposure. Future work may also include limit values for _t_ easily accessible through Euronet, the European
occupational.exposure to formaldehyde. Telecommunication Network.

O OJNoL239,21.8.1987,p. 1.
O OJNo L 196, 16. 8. 1967, p. 1.
( [3] ) OJNoL 183,29.6. 1989, p. 1.
( [4] ) OJNoL327,3. 12. 1980, p. 8.
O OJ No L 356, 24. 12. 1988, p. 74.

WRITTEN QUESTION No 1553/90

by Mrs Christine Crawley (S)

to the Commission of the European Communities

_(2_ _7 June 1990)_

(90/C 325/69)

_Subject:_ Centralized information to reduce animal tests

Is the Commission aware of any centralized data bank of
test information that could be used to reduce tests on

WRITTEN QUESTION No 1583/90

by Mr Madron Seligman (ED)

to the Commission of the European Communities

_(27 June 1990)_

(90/C 325/70)

_Subject:_ Cost to local authorities of implementing

directives

Many Community Directives need to be implemented
and enforced at local government level at considerable
cost. Does the Commission make an estimate of the

cost of such implementation and enforcement and in

24. 12. 90 Official Journal of the European Communities No C 325/39

form all those institutions which are involved in the

legislative process?

By way of example, the Trading Standards Department of
the West Sussex County Council assesses the additional
cost of complying with Community-inspired legislation
on Food Safety at £150 000 for West Sussex alone.

These costs assume particular importance when it is
realized that they are inevitably passed on to the
consumer in higher prices and/or higher taxes.

Answer given by Mr Bangemann
on behalf of the Commission

_(27 July 1990)_

The implementation and enforcement of food law is the
responsibility of the Member States, who participate in its
adoption and are able to assess the costs of enforcement
in the extensive consultations and negotiations preceding
the various legal acts.

The Commission does not therefore make assessments of

enforcement costs but draws the attention _ of the
Honourable Member to the fact that its policy on food
law O limits Community food law to essential matters,
namely to protect public health and to provide consumers
with information and protection in matters other than
health, to ensure fair trading and to provide for the
necessary controls. The costs involved in enforcement are
therefore only those necessary to achieve essential
objectives of public policy and the simplification and
unification of food law will considerably ease the task of a
controller currently faced with checking conformity with
12 national legislations.

Pursuant to its commitments in the control directive ( [2] ),
the Commission is undertaking a programme of work
which will considerably help the carrying out and
coordination of public controls. In respect of the extra
cost of £150 000 quoted by the Honourable Member as
estimated by West Sussex County Council, on 23
November 1989, the Minister of Agriculture, Fisheries
and Food of the United Kingdom said in relation to the
enforcement of the new Food Act that, '. . . an additional
£30 million a year would be taken into account in next
year's Revenue Support Grant Settlement to local
authorities...'. If this sum is allocated on a pro-rata
population basis the share of West Sussex would amply
cover the extra cost indicated by the Honourable
Member.

O COM(85) 603 final.
O OJNoL186,30.6.1989, p. 23.

WRITTEN QUESTION No 1589/90

by Mr Gerard Deprez (PPE)

to the Commission of the European Communities

_(2 July 1990)_

(90/C 325/71)

_Subject:_ Assessment of the economic and social impact of
German unification on the internal market

Can the Commission give an assessment of the economic
and social impact of German unification on the
Community internal market (effects' on institutional
development, competition policy, Community budget
costs and freedom of movement for workers and

others.. .)?

Answer given by Mr Delors
on behalf of the Commission

_(5 October 1990)_

The Commission would refer the Honourable Member to

its communication on 'The Community and German
unification', Volume III: Financial aspects (').

O COM(90)400.

WRITTEN QUESTION No 1633/90

by Mr Giuseppe Mottola (PPE)

to the Commission of the European Communities

_(2 July 1990)_

(90/C 325/72)

_Subject:_ Water quality in Naples

For some time the inhabitants of Naples and many
adjoining municipalities (Italy) have been confronted with
the problem of drinking water of extremely poor quality.

In addition, the water supply programme provides for
water to be gathered in areas which fail to offer adequate
standards of health and hygiene to comply with the
quality objectives embodied in Community law.

1. Are the following directives properly implemented in

Naples:

(a) 75/440/EEC (') concerning the quality required
of surface water intended for the abstraction of

drinking water in the Member States;

(b) 80/778/EEC ( [2] ) relating to the quality of water
intended for human consumption;

No C 325/40 Official Journal of the

(c) 79/869/EEC ( [3] ) concerning the methods of
measurement and frequencies of sampling and
analysis of surface water intended for the
abstraction of drinking water in the Member
States?

2. Does the mains water used to supply Naples comply

with Community legislation on the quality of water?

3. Can the Commission ascertain who is responsible and
initiate proceedings against them before the Court of

Justice?

O OJNoL194,25.7. 1975, p. 34.
O OJNoL229,30. 8.1980, p.-11.
( [3] ) OJNoL27129.10. 1979, p. 44.

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

_(8_ _August 1990)_

The Commission has received no information from the

Italian authorities on the quality of surface or drinking
water in the Naples area.

In the light of the complaint made by the Honourable
Member regarding the poor quality of such water, the
Commission shall enquire into the state of compliance
with Directive 75/440/EEC, 79/869/EEC and

80/778/EEC in that area.

The Commission has registered the facts referred by the
Honourable Member as an official complaint.

WRITTEN QUESTION No 1672/90

by Mrs Christine Oddy (S)

to the Commission of the European Communities

_(4 July 1990)_

(90/C 325/73)

_Subject:_ Synroc

What steps is the Commission of the European
Communities taking to encourage the nuclear industry to
utilize synroc to dispose of nuclear waste?

Answer given by Mr Pandolfi
on behalf of the Commission

_(25 September 1990)_

Techniques used for the conditioning of radioactive waste
must suit the type of waste and the site selected for
disposal. The role of the Commission in this area does not
include intervening in the market to recommend the
employment of particular techniques, such as that using
SYNROC.

European Communities 24. 12. 90

As part of its RDT programme on the 'Management and
storage of radioactive waste', <the Commission is
attempting to characterize conditioned nuclear waste with
a view to determining the essential requirements for safe
disposal.

The results of this work are regularly circulated to all
Community bodies responsible for this area.

WRITTEN QUESTION No 1682/90

by Mrs Guadalupe Ruiz-Gimenz Aguilar (LDR)

to the Commission of the European Communities

_(4 July 1990)_

(90/C 325/74)

_Subject:_ Exportation of toxic waste to the Third World

Can the Commission say what steps it has taken to
prevent toxic waste produced in Member States of the
European Community from being exported to certain
countries in the Third World?

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

_(27September 1990)_

Under the terms of Directive 84/631/EEC, as amended
by Directive 86/279/EEC, hazardous waste may not be
exported to non-member countries until the competent
authorities of the exporting Member State have
acknowledged receipt of notification.

An acknowledgement of receipt may be issued only if
certain conditions are fulfilled, including the requirement
to provide proof of the existence of a contractual
agreement with the consignee of the waste, who must
possess adequate facilities for its disposal. The holder of
the waste must also have the agreement of the
non-member country of destination.

The Commission will be placing before the Council a
proposal for a regulation to replace Directive
84/631/EEC and the amendments thereto, which will lay
down common rules governing all movements of waste
within the Community and from the Community to
non-member countries.

The draft regulation prohibits all exports of waste from
the Community to ACP countries, as provided for in the
fourth Lome Convention. Where other non-member

countries are concerned, the regulation incorporates the
provisions of the Basel Convention on wastes.

24. 12. 90 Official Journal of the European Communities No C 325/41

WRITTEN QUESTION No 1699/90

by Mr Bouke Beumer (PPE)

to the Commission of the European Communities

_(5_ _July 1990)_

(90/C 325/75)

_Subject:_ Export of sal-ammoniac pastilles

1. Is the Commission aware that sal-ammoniac

pastilles produced in Denmark and the Netherlands,
which has an ammonium chloride content of between 6

and 8%, may not be sold in the Federal Republic of
Germany apart from in Schleswig-Holstein?

2. Is the Commission aware that this ban in based on

the German Flavouring Ordinance, which stipulates that
no more than 2 % in ammonium chloride may be added to
liquorice?

3. Does not the Commission take the view that this

ordinance puts up major trade barriers and-is hampering

free trade?

4. Does not the Federal Republic of Germany's ban on
imports of sal-ammoniac pastilles with an ammonium
chloride content of between 6 and 8 % come under the

category of 'measures having equivalent effect' to
quantitative restrictions (Article 30 of the EEC Treaty)
within the meaning of the Court of Justice judgment in
the 'Cassis de Dijon' case (Case 120/78)?

5. What action does the Commission propose to take

in this regard?

Answer given by Mr Bangemann
on behalf of the Commission

_(14 August 1990)_

1 and 2 Yes, the Commission has been informed that
liquorice produced in Denmark and the Netherlands with
an ammonium chloride content of 6 to 8% may not be
sold throughout the Federal Republic of Germany to the
German Aroma-Verordnung which lays down an
ammonium chloride content of 2% for liquorice. It seems
that by application of the general principles of the free
movement of goods as laid down by the European Court
of Justice in the judgment 'Cassis de Dijon' (explained m
the Commission's communication about the conclusion

of the judgment 'Cassis du Dijon' O), SchleswigHolstein allows the importation of liquorice with a higher
content of ammonium chloride.

3 and 4. The Commission will examine the German

regulation in the context of Articles 30 to 36 of the EEC
Treaty (free trade of goods) with special regard to the
protection of health.

5. Having completed this examination, the
Commission will consider what steps might be necessary

and implement them. The Commission will keep.the

Honourable Member informed.

O OJNoC256,3.10.1980.

WRITTEN QUESTION No 1731/90

by Mr Herman Verbeek (V)

to the Commission of the European Communities

_(5 July 1990)_

(90/C 325/76)

_Subject:_ Community aid for Philips

1. Did the Commission note reports in the Dutch press
on 8 June 1990 that Philips, in its annual report for 1989,
has concealed losses by failing to make reference to
hundreds of millions of guilders in government subsidies
that the company is supposed to have been granted _inter_
_alia_ under Eureka, Jessi and the 1 Megabit-Project?

2. Can the Commission say whether and, if so, in what
form companies are required to make reference to or
justify, in annual reports, financial aid from the
Community? In this connection does the Commission
believe that a provision should be drawn up to require
explicit reference to be made in annual reports to
Community aid?

3. Does the Commission propose to urge Philips to
give a prompt, full and frank account of the Community
aid it received in 1989 as part of Community innovationrelated projects?

4. Can the Commission give an assurance that, in
future, it will be more vigorous in ensuring that firms do
not make improper use of Community aid by giving the
public misleading information on their financial position?

Answer given by Mr Pandolfi
on behalf of the Commission

_(27 September 1990)_

It is not for the Commission to comment on companies'
results. The Commission too learned from the press that
Philips' results for 1989 were not as good as might have
been expected. It would point out, however, that the
Eureka, Jessi and Mega-Chips projects referred to by the
Honourable Member are not Community but
inter-governmental projects, though the Community is
involved to some extent in the first two.

There are currently BO provisions in the accounting
Directives (') requiring companies to make specific
reference in their accounts to financial aid granted by

No C 325/42 Official Journal of the European Communities 24. 12. 90

public authorities, including the European Communities.
However, if public authority subsidies have had a
significant impact on the company's results, the question
arises of whether the basic principle that accounts should
give a true picture in fact obliges the company concerned
to mention any sudsidies it has received.

O Fourth Council Directive of 25 July 1978 (78/660/EEC)
concerning annual accounts, OJ No L 222, 14. 8. 1978, p. 11.
Seventh Council Directive of 13 June 1983 (83/349/EEC)
. concerning consolidated accounts, OJ No L 193,19.7.1983.

WRITTEN QUESTION No 1741/90

by Mr Jos6 Alvarez de Paz (S)

to the Commission of the European Communities

_(12 July 1990)_

(90/C 325/77)

_Subject:_ Statistics on immigrants from third countries

What view does the Commission take of the lack of

precise statistics on the numbers of migrant workers
coming to Europe?

Do unofficial statistics exist gathered by the security
services of the Member States, and if so what are the
figures involved?

Answer given by Mr Christophersen
on behalf of the Commission

_(21 August 1990)_

The Statistical Office of the European Communities
(Eurostat) keeps statistics on net migration and numbers
of non-nationals staying in the Community.

The available data, which are supplied on an official basis
by the national statistical offices, can be found in the
following Eurostat publications:

— censuses of population

— employment and unemployment

— labour force survey

Under Council Regulation (EEC) No 311/76(0,
Eurostat also receives statistics on foreign workers.

Problems of statistical consistency remain, however, and
this has prompted Eurostat to embark on a detailed study
of the measurement of migration between Member States.
The final report will be discussed with representatives of.
the national statistical offices.

As far as the existence of any 'unofficial statistics' is
concerned, the Commission is unable to assess the
reliability of figures that are not in its possession;
Eurostat works in partnership with the national statistical
offices and is therefore not in a position to comment on
any other data kept by law enforcement agencies or other
bodies in the Member States.

O OJNoL39,14.2.1976,p. 1.

WRITTEN QUESTION No 1788/90

by Mrs Mechtild Rothe (S)'

to the Council of the European Communities

_(13 July 1990)_

(90/C 325/78)

_Subject:_ Loss of citizenship by a Greek national for
alleged refusal to perform military service in
Greece

Moustafa Tsolak, a Greek citizen who has been resident
in the Federal Republic of Germany since 1973, was
deprived of his Greek citizenship in 1981 for failure to
report for military service, despite the fact that, in 1978,
he registered for military service when called up by the
Greek military authorities, was granted a one-year
deferment for health reasons and in 1979 was prevented
from reporting for military service by further illness, as
evidenced by medical certificates forwarded to the Greek
authorities.

Mr Tsolak was not given an opportunity to put his case
and it was only by chance, when, having lost his passport,
he applied for new identity papers, that he discovered that
this measure had been taken.

Mr Tsolak's first application to the Greek Ministry of the
Interior for renaturalization, filed under No 36695/84 E,
Reference No 5463-84, dated from 1984. He renewed his
application in 1989 under No 48.408.

Mr Tsolak's loss of citizenship has resulted in a
considerable restriction of his personal rights and
freedoms. He has been awaiting a decision for six years.

Does the Council know of any other cases in which the
Greek authorities have taken similar action ?

To what extent do the measures taken by Greece
contravene the Convention for the Protection of Human

Rights and Fundamental Freedoms, in particular Article 6
thereof, and Article 3 of Protocol No 4 to this

Convention?

Does the Council see any means here of taking action to
help Mr Tsolak recover his Greek citizenship?

24. 12. 90 Official Journal of the European Communities No C 325/43

Answer

_(20 November 1990)_

The Council has no knowledge of the case mentioned by
the Honourable Member nor of any similar cases which
are, in any case, matters outside the Council's field of

competence.

WRITTEN QUESTION No 1893/90

by Mr Antoni Gutierrez Diaz (GUE)

to the Council of the European Communities

_(2_ _August 1990)_

(90/C 325/79)

_Subject:_ Murder of six Jesuits in El Salvador

According to Maria Julia Hernandez, the Archiepiscopal
Legal Adviser, the inquiry into the murder on 16
November 1989 of six Jesuits from the Central American

University of El Salvador has practically closed and the
soldiers who ordered the killings have gone unpunished.

Charges were brought by the legal authorities against

eight soldiers, including the Director of the Military

Academy, Guillermo Benavides.

What measures has the Council taken or does it intend to

take to ensure compliance with its resolution calling on

the Salvadorean authorities to see that these murders are

fully elucidated and the guilty punished?

Answer

_(23 November 1990)_

Reports of complications in the conduct of the enquiry
into last November's university murders led the Twelve to
make a further demarche to the authorities in El Salvador

last June to underline the importance which the Twelve
attach to the correct carrying out of the judicial
procedures which have been initiated in this case.

In the memorandum distributed as an integral part of the
Presidency's speech to the UN General Assembly on
behalf of the Community and its Member States, it was
reiterated that in the context of the process of national
reconciliation in El Salvador, the Community continues
to attach importance to this investigation. As the
Honourable Member knows, the Community and the
government of El Salvador together reaffirmed their
commitment to a process of dialogue and reconciliation
within El Salvador in the Joint Political Declaration

issued at the San Jose VI Ministerial Conference in

Dublin in April.

The authorities in El Salvador are thus fully aware of the
domestic and international attention that is focused on

the investigation into the murder of Fr. Ellecuria and his
co-workers, and of their corresponding responsibility to
do everything within their power to enable this
investigation to be brought to its proper conclusion.

WRITTEN QUESTION No 1912/90

by Mr Victor Manuel Arbeloa Mum (S)

to the Foreign Ministers meeting in
European Political Cooperation

_(2 August 1990)_

(90/C 325/80)

_Subject:_ Human rights in Haiti

What response has the Community received from the
Government of Haiti to the many efforts recently made to
advance human rights in that country?

Answer

_(23 November 1990)_

The Honourable Member is referred to the answer to

Written Question No 2066/90 (*), which concerns Haiti.

-{') See page 48 of this Official Journal.

WRITTEN QUESTION No 1915/90

by Mr Victor Manuel Arbeloa Muru (S)

to the Foreign Ministers meeting in

European Political Cooperation

_(2 August 1990)_

(90/C 325/81)

_Subject:_ Human rights in Guatemala

What response has the Community received from the

Government of Guatemala to its various recent

representations on the matter of human rights in that
country?

Answer

_(23 November 1990)_

The Honourable Member will recall that in reply to his
previous question on Guatemala, No 1460/90, it was
stated that the authorities in Guatemala are fully aware of
the concern felt by the European Community and by its
Member States and of the feeling expressed by the
European Parliament at the violations of human rights in

No C 325/44 Official Journal of the European Communities 24. 12. 90

Guatemala. Regrettably it still cannot be said that there
has been a measurable improvement in the human rights
situation.

However, as was also stated in reply to Question
No 1460/90, the Community and its Member States
welcome the Escorial agreement of 1 June and consider it
essential that this opportunity for change is seized by all
sides, both before and after the elections scheduled for
the end of this year.

In this context, they take note of the meetings held in
Ottawa between a delegation of the URNG and
representatives of private enterprises (CACIF), as well as
the meetings held in Quito between the URNG and
representatives of Guatemala's religious institutions. On
both occasions, a delegation of the National

Reconciliation Council attended the talks.

WRITTEN QUESTION No 1930/90

by Mr Carlos Robles Piquer (PPE)

to the Commission of the European Communities

_(1 September 1990)_

(90/C 325/82)

_Subject:_ New evidence of Europe's backwardness in the
field of biotechnology

New evidence that Europe is increasingly being left
behind in the field of biotechnology has been highlighted
in the study entitled 'Community policy for
biotechnology: Competitiveness and economic benefits'
published by the Senior Advisory Group for
Biotechnology of the CEFIC (European Council of
Chemical Manufacturers' Federations).

It is being left behind as regards both the setting-up of
new companies and the number of patents. The authors
call for coordinated European action to tackle foreign
invasion of basic sectors such as the pharmaceutical and
chemical industries, agriculture and food and the
management of the environment.

Does the Commission consider that it will be sufficient to

strengthen coordination or that European research
efforts in the field of the life sciences should also be

intensified?

Answer given by Mr Pandolfi
on behalf of the Commission

_(28 September 1990)_

The Commission recognizes the weight of the arguments
and statistics set out in the SAGB-CEFIC report referred
to by the Honourable Member.

As regards Community research, it is true that the
amounts involved represent only some 3% of national
biotechnology budgets. However, account should be
taken of the catalytic effect of international cooperation,
thanks to which substantial progress has been achieved in
many areas of the life sciences.

This progress should be given a major boost by the
specific new programmes the Commission is planning to
launch within the 'Life sciences and technologies' area of
its Third Framework Programme for Community R&D.

It is also true that greater investment in terms of work and
money in all sectors, including regulation and the
protection of intellectual property, on which the
blossoming of European biotechnology depends, should
enable the Community to catch up more quickly with
other industrialized countries.

WRITTEN QUESTION No 1945/90

by Mrs Hiltrud Breyer (V)

to the Commission of the European Communities

_(1 September 1990)_

(90/C 325/83)

_Subject:_ Deliberate release into the environment of
genetically modified organisms

Will the Commission provide a list of the 37 deliberate
releases into the environment of genetically modified
organisms (GMOs) which have taken place to date in
France, specifying type of organism (host and engineered
traits), company or institute responsible, location, size,
and purpose?

On what legal or regulatory basis were the
abovementioned GMO releases in France approved and
by which competent authorities? Did the authorization
procedure include an environmental risk assessment and
was the public informed?

What regulatory procedures are being followed for the
authorization of the deliberate release of GMOs in the

framework of the FLAIR and ECLAIR programmes? Do
they include environmental risk assessment and informing
the public?

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

_(26 September 1990)_

The Commission does not have the complete and detailed
information requested by the Honourable Member

24.12.90 Official Journal of the

concerning the deliberate releases of genetically modified
organisms into the environment which have taken place in
France. Member State authorities are not obliged to
provide information to the Commission on releases of
GMOs until Directive 90/220/EEC O has been

implemented, and at the latest by October 1991.

A certain amount of more general information on releases
of GMOs in France is available in the report of activities

for 1989 of the 'Commission du Genie Biomoleculaire'

recently circulated - (July 1990). This Committee was
established by the Ministry for Agriculture and Forestry
in 1986 in order to advise the Ministry on the safety of
GMO products, and in particular on the risk of
dissemination of live GMOs into the environment. A

number of releases of GMOs have been reviewed by this
Committee. Any further information on these releases, on
the Committee's composition and mandate, and on its
method of operation and assessment, should be requested
directly from the French authorities.

The regulatory procedures for the authorization of
environmental release of GMOs being followed by the
ECLAIR and FLAIR participants are those enforced at
present in the individual Member States. Environmental
risk assessment and information to the public are, and will
be, carried out accordingly. Finally, during the selection
of ECLAIR and FLAIR projects, the possible
environmental effects of the proposed research were
taken into account by the experts and the Commission
staff responsible for these programmes as a parameter for
approval or rejection of the projects.

O OJNoL117,8.5.1990,p. 15.

WRITTEN QUESTION No 1953/90

by Mrs Cristiana Muscardini (NI)

to the Council of the European Communities

' _(1 September 1990)_

(90/C 325/84)

_Subject:_ Fire prevention and control in the Community

In reply to Written Question No 479/89 (') the Council
formally approved the setting up of a Community fire
prevention and control body for the protection of forests
and announced that existing structures would be
strengthened. However, despite the Council's assurances
concerning the setting up of a standing forestry
committee and a community civil protection body to
prevent fire provided with state-of-the-art technology, to
date, that is to say at the beginning of this summer alone,
thousands of hectares of forests and undergrowth in the
Community have been destroyed by fire in much of

European Communities No C 325/45

Europe — the south of France, Corsica, Sardinia, Sicily
and various regions of Italy, Spain and Greece.

Can the Council finally guarantee that it will take
effective fire prevention and control measures, thereby
moving out of the realm of discussion and statements of
mere intent into that of genuine action ?

0) OJNoC39,19.2.1990, p. 22.

Answer

_(14 November 1990)_

The Council is fully aware of the situation referred to by
the Honourable Member.

It may be pointed out in this connection that the Council
has already adopted a large number of civil protection
measures, in particular concerning the protection of
forests against fire. These measures are listed in the reply
given to Question No 479/89 put by the Honourable
Member.

The Council would draw the Honourable Member's

attention to its reply to Written Question No 479/89, in
which it said that it had no specific Commission proposals
before it concerning the introduction of a Community
civil protection body.

The Commission is continuing its work within the
Standing Forestry Committee which was set up on 29 May
1989. The aim is to achieve improved arrangements in
Member States to eliminate the causes of fires and to

protect forests against fire.

The desirability of Community action in respect of the
specific problem of fire control has been seriously studied
by the Working Party.

It seems that efficient fire control calls for highly
decentralized land-based and airborne resources for swift

deployment as strategy dictates in each case.

The Council is aware of the importance of Community
action in this sphere and will examine with all due
dispatch any proposals which the Commission submits to
it.

Lastly, the Italian Presidency intends to convene a
Council meeting specifically on civil protection, at which
various subjects will be discussed, including a draft
European agreement on "cooperation regarding civil
protection for the specific purpose of anticipating and
preventing major risks and providing mutual aid in the
event of natural or technological disasters.

No C 325/46 Official Journal of

WRITTEN QUESTION No 1959/90

by Mr Peter Crampton (S)

to the Commission of the European Communities

_(1 September 1990)_

(90/C 325/85)

_Subject:_ Radiation dose limits for workers

The International Commission for Radiological
Protection is currently reviewing its existing
recommendations on dose limits for radiation workers,
and is consulting with a number of organizations,
including Friends of the Earth. Can the Commission
comment on the desirability of the Friends of the Earth
recommendations of dose limits of 10 milli-sieverts per
annum for radiation workers, and 0,2 milli-sieverts per
annum for members of the public (compared with the
current limit of 50 MSV per annum, and 5 MSV per
annum respectively) ?

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

_(13 September 1990)_

The International Commission on Radiological
Protection (ICRP), whose scientific competence is
internationally recognized, is currently reviewing its
recommendations and the Commission has actively
assisted in the consultation process concerning the draft
revision. On completion of this process ICRP will have
available to it all of the proposals, counterproposals and
supporting arguments submitted to it by _inter alia_
representatives of the competent authorities of the
Member States, of scientific, professional and trade union
organizations as well as of other international
organizations concerned with radiation protection. It will
then be able to take a balanced view in finalizing its new
recommendations, but it already seems fairly evident that
the presently recommended dose limits will in effect be
substantially reduced.

The Commission, for its part, is advised by the Group of
Experts set up in pursuance of Article 31 of the Euratom
Treaty, and a working party from that group has already
started examining what revisions to the present
Community Basic Safety Standards should be proposed.
It' would be inappropriate for the Commission to
comment on any particular suggestion by a third party
before receiving the advice of the group and that advice
will only be possible following finalization of the new
ICRP recommendations.

Indeed, since it has always been the Commission's aim to
harmonize Community legislation in the field of radiation
protection (in so far as practicable and consistent with an
adequate level of safety) with those standards issued by
other international organizations (such as the
International Atomic Energy Agency) and by third

European Communities 24. 12. 90

countries, the new recommendations of ICRP will form
the main point of reference for revision of the
Community standards.

WRITTEN QUESTION No 2012/90

by Mr Alexander Langer (V)

to the Foreign Ministers meeting in
European Political Cooperation

_(1 September 1990)_

(90/C 325/86)

_Subject:_ Diplomatic initiatives concerning violent
incursions by 'garimpeiros' into Yanomani native
territory in the State of Roraima (Brazil)

The Brazilian Native Missionary Council (CIMI) has
recently complained of fresh incursions by 'garimpeiros'
(gold prospectors) into native territory, in particular
Yanomani territory in the State of Roraima (Brazil), using
secret landing strips illegally put into operation and
involving the destruction of large areas of Amazon forest,
poisoning the rivers with mercury, bringing disease and
decay to the area and thereby jeopardizing seriously and
irreversibly both the survival of the native population,
which is already living in extreme hardship, and the highly
delicate environmental equilibrium. Such aggressive and
dangerous activities which had been at least partially
rooted out after the awareness of a large section of the
Brazilian and international community had been aroused,
now appears to be starting up again with the apparent
connivance or at least passive acquiescence of the local
authorities and the police, according to trustworthy
reports received by the CIMI or publications such as the
'Porantim'. President Collor recently delivered a number
of important statements on this problem in Europe and
elsewhere, which may be belied by the facts if these
developments are allowed to continue uncurbed by the
competent authorities.

"What measures do the Ministers intend to take or have

they taken through the appropriate channels to confirm
that the Community is extremely concerned at such
developments and that its relations with Brazil depend in
no small measure pn safeguarding the native people and
their natural environment, which are currently under
threat from 'garimpeiro' incursions and other dangers?

Answer

_(23 November 1990)_

While the case of the Yanomani Indians has not been the

object of specific actions within the EPC framework, the

2^.12,^0 Official Journal of the European communities l^ooeo525B^

positionoftheEuropeanGommunitvon human rights
questions, including the protection of minorities, is
wellknown. The Gommunitv and its member states have

taken note of Parliaments clear statement on the

r^anomani Indians and related issues in the resolution

adopted on l^Januarv,^inglc member states have taken
up this issue bilaterallv on different levels, Thev^ are also
aware of, andencouragedbv,theBrazilian Presidents
expressions of concern overdue plight of the^anomani
and othersimilargroups. In this connection, itshould also
be pointed out that President Gollor is showing renewed
sensitivitv with regard to the native problem, He has
strengthened the EL^Al, a bodv responsible for
protecting th^ Indians in the Amazon forest and has
r^ni^oi tt^ ton ^umini^r^tor^, Tiii^ r ^ ^ u
commitment on the part of the President was, moreover,
reaffirmedinthespeechhemaderecentlvatthe ^5th
sessionof thellnited^ationsoGeneral Assemblv,The

issues to which theHonour^ble^iember refers in his

questionwillcontinuetobekept under review bv the
Twelve,

w ^ ^ I ^ T E ^ ^ E ^ T I C 0 ^ ^ o 2 0 6 ^ B ^ 0

bvlvIrEmstGhrme^

to theGouncilofthe European Gomr^uruties

^0BG^25B^^

^ ^ c e European community contribution to the
programme to safeguard Amazonia and the
problems caused bv mineral prospecting in
r^anomami territory and bvtheGalha^orte and

Galha^ud projects

At its meeting of ^ t t J u l y t ^ O in Houston, the G ^
asked t h e ^ o r l d Bank and the European community

^Point 66 of the Declarations to draw up a pilot
programme to safeguard Amazonia in cooperation with
Brazil, for submission to the conference on t h e ^ o r l d
climate to be held in the united states ne^t year and
other conferences,and to be drawn up in time forthene^t
economicsummit at the latest

1, The^anomami territory in the frontier region of
^oraima in the northern part of Amazonia is reserved
for the Indian population bv provisions of the
constitution, legal decisions and the mandate given to
the EL^^AI, the somewhat ineffectual federal agency
responsible for the protection of the Indians, and to
the IBA^viA, the Eederal Environment Agency,
nevertheless, twothirdsofl^anomami territory has
been opened up to mineral prospecting carried out by
some ^tO 000 settlers, which isasource of pollution.
The evacuation order of^January 1^0 issued bythe
outgoing President Jose barney was not implemented

bythe armed forces,^hatare the Gommission^sviews
on this violationof thewrittenandoralguarantees
given to the Indians and the dangerous conflict
between the political authorities and the military high
commands Is this compatible with the mandate given
to the European Gommunityinrlouston^

2, In 1^6, without securing theapprovalof, or even
informing congress, the armed forces embarked o n a
project known as Galha l^orte, designed to
^Brazilianize^, colonize and exploit a 6 5 0 0 k m ^
150 km corridor close to the frontiers of five

neighbouring countries. Last year the same armed
forces announcedaGalhaSudproject for western
Am^enm.Gen^r^^^n^

funding, despite the fact that the Governor of
R.oraimaisfacingchargesof corruption, whilethe
armed forces and the national Security council
t ^ A D E ^ are setting themselves up as the main
negotiators for the exploitation of Amazonia, Indeed,
it was the ^ADEl^ which represented Brazil during
the renegotiation of road projects with the
Interamerican Bankl Are the abovementioned

programmes compatible with the mandate given to the
European Gommunity in Houston and will it attempt
to discuss proposals with the Brazilian political
authorities which are in keeping withthe country^
constitution and laws^

Answer

1, In the conclusions on environmental questions
which itadoptedatits Dublin meeting on 25 and 26 June
the European council expressed concern at the
[continuingandrapid destruction ofthetropicalforests.lt](http://ofthetropicalforests.lt)
welcomed the commitment of the new Government of

Brazil to haltthis destruction and to promote sustainable
forest management and said that the community and its
member states would actively support this process,The
council asked the Gommission to open discussions asa
matter of urgency with Brazil and the other Amazonian
Pactcountrieswithaviewtodevelopingaconcrete action
programme involvingtheCommunity,the member States
and these countries. Elements for priority consideration
were to include debt for forest conservation e^changes^
codes of conductfortimberimporting industries^ and the
additional resources necessary to enable the forests to be
preserved and managedonasustainable basis, making
optimaluse of existing agencies and mechanisms. The
council appealed to otherindustrialized countries to join
the Gommunityin its efforts.

2, concerning implementation of the mandate given in
Houston to t h e ^ o r l d Bank in collaboration with the

commission, contacts are in progress between these two
institutions and the Brazilian authorities and should lead

to the establishment ofapilot programme to combat the
threatstothetropicalrainforestin the region.

No G 325/48 Official Journal of the European Communities 24. 12. 90

The Honourable Member will,, however, understand that
it is not for the Council to interpret the terms of the
mandate entrusted to the World Bank and to the

Commission. The Council thanks the Honourable

Member for the information contained in his question
which could prove useful for the assessment to be made
by the Commission.

WRITTEN QUESTION No 2066/90

by Mr Ernest Glinne (S)

to the Foreign Ministers of the Member States of the
European Community meeting in European Political

Cooperation

_(5_ _September 1990)_

(90/C 325/88)

_Subject:_ Restoration of a Duvalier-style regime in Haiti

On 22 January 1990, General Prospere Avril, President of
the military government of Haiti, instructed the Ministry
of Information to introduce censorship of the media to
check the 'truth and accuracy' of news and prevent it from
being used to 'stir up the population'. Brutal paramilitary
forces have been set up alongside the army, which has still
not been purged of its worst elements, in addition to the
presidential guard and the plain-clothes political police.
All broadcasting is controlled, with the exception of
weather, sport and non-subversive religious programmes,
while brutal arrests, arbitrary detention and
state-sponsored violence have again become
commonplace (400 murders have been reported since
January 1989 according to reliable sources).

A state of emergency has been declared and the articles of
the democratic constitution of 1987 concerning
fundamental human rights have been suspended.
Democratic parties and associations are unable to
function. In short, despite attempts to present a front to
the outside world, Haiti has once again become a
Duvalier-style regime four years after the departure of the
notorious dictator and the intervening "rule by General
Namphy.

What are the Foreign Ministers' views on this matter, are
they concerned at the serious violations of human rights

and do they still consider that preparations should be
made for fair elections in accordance with the letter and

spirit of the 1987 constitution without any attempt to
stifle public opinion and the right to communicate freely
other than by 'bush telegraph' or 'teledyol' as it is known
in the local dialect? In addition, what is the nature and
scale of the aid given to Haiti by the Community and its
Member States? How can the Republic of Haiti remain a
Member of the Convention of Lome when Articles 5 and

13 of that text require the signatories to respect the
dignity and fundamental rights of individuals and
peoples?

Answer

_(23 November 1990)_

As the Honourable Member will be aware, General Avril,
to whom the question refers, left Haiti last March. A
provisional Government headed by a Member of the
Supreme Court, Madame Pascal-Trouillot, was then
installed and given the task of leading the country
towards elections which should enable democracy to be
established in Haiti. The Community and its member
States, in a statement on 29 June, reaffirmed their support
for the holding of free, fair and democratic elections in
Haiti. The United Nations and the international
community are giving active support to the organization
of these elections, of which the first round is scheduled
for 16 December.

In general, it is the policy of the Community to encourage
the authorities in Haiti to strengthen democratic
institutions under which human rights will be protected
and further steps taken to rectify the conditions of
deprivation in which many of the people of Haiti live.
While the European Community and its member States
share the deep concerns of the Honourable Member at
the violations of human rights which are still often
reportes from Haiti, they are convinced that their
contribution to Haiti's development through the Lome
Convention remains a positive opportunity to influence
the course of events.

The precise nature and scale of the aid given to Haiti by
the Community and its Member States is not under
consideration in the framework of European Political
Cooperation.